WEBVTT 00:00:00.322 --> 00:00:08.008 - I call to order tonight's meeting of the Board of Public Works for March 24th, 2026. First on our agenda 00:00:08.008 --> 00:00:15.401 - is opening of bids. I assume we have no bids to open. Okay. Next is messages from board members. Any 00:00:15.401 --> 00:00:18.622 - messages from the board tonight? All right. 00:00:18.818 --> 00:00:27.886 - Moving along, we will go to agenda item number three, which is appeals. And we have requests for appeal 00:00:27.886 --> 00:00:36.605 - of notice of violation issued to Wells and Wells on September 20th, 2025. From engineering. So just 00:00:36.605 --> 00:00:44.190 - to give some background on this, it will be appeal. So the summary of this would read, 00:00:44.450 --> 00:00:50.825 - Engineering staff finds that Wells and Wells had both an approved extension and advanced written notice 00:00:50.825 --> 00:00:57.078 - of the deadline of potential enforcement action as it relates to this NOV or notice of violation. The 00:00:57.078 --> 00:01:03.760 - roadway restoration work was not completed within the permitted timeframe and staff does recommend upholding 00:01:03.760 --> 00:01:07.070 - the notice of violation and the associated penalties. 00:01:07.298 --> 00:01:14.501 - So the right-of-way permit associated with this work was approved by the board on May 20th of 2025, 00:01:14.501 --> 00:01:21.704 - and then issued June 5th of 2025 for roadway and utility work along East 19th Street, North Lincoln 00:01:21.704 --> 00:01:29.267 - Street, and North Washington Street, all associated with the Hub 2 project. The permit included a phased 00:01:29.267 --> 00:01:37.118 - schedule for roadway closures and restoration work with a scheduled completion date of September 19th, 2025. 00:01:37.698 --> 00:01:46.327 - At the request of the contractor the board approved an extension. I'm sorry, that was a September August 00:01:46.327 --> 00:01:55.285 - 12 for the first one, and then requested an extension to September 19, giving the final date for restoration 00:01:55.285 --> 00:01:58.654 - to be completed of September 19 of 2025. 00:01:58.914 --> 00:02:04.400 - Prior to the extended deadline, engineering staff notified the contractor on September 12th, 2025 that 00:02:04.400 --> 00:02:09.887 - the failure to reopen the affected streets and restore the roadway surfaces by the approved date could 00:02:09.887 --> 00:02:15.533 - result in an enforcement action. Despite the notification, roadways weren't restored within the permitted 00:02:15.533 --> 00:02:21.073 - timeframe. Documentation photographs associated with the notice of violation show that the base asphalt 00:02:21.073 --> 00:02:26.559 - did not occur, paving did not occur until September 20th through 24th of 2025, days after the approved 00:02:26.559 --> 00:02:27.678 - completion deadline. 00:02:28.386 --> 00:02:36.512 - With those thoughts in mind we support upholding the notice of violation Yes, I believe we 00:02:36.512 --> 00:02:45.799 - have representative of Wells and Wells here if you'd like to make a statement to the board or now would 00:02:45.799 --> 00:02:55.086 - be your time Yeah, Jesse Graber with Wells and Wells construction representing Wells and Wells and core 00:02:55.086 --> 00:02:56.158 - development 00:02:56.578 --> 00:03:05.582 - the owners. So first of all, I do actually want to thank Kyle and Zach and Maria and the entire 00:03:05.582 --> 00:03:15.805 - transportation board for working with us so diligently on the project. It has been difficult. We acknowledge 00:03:15.805 --> 00:03:25.278 - and do not dispute the fact that the project for the basically the public improvements of that block 00:03:25.442 --> 00:03:33.785 - through private development did to go past our permitted timeframe. I'm not going to take a lot of your 00:03:33.785 --> 00:03:42.289 - time. I just have a few bullet points here that I would like for the board to consider and transportation 00:03:42.289 --> 00:03:47.102 - to consider. We applied for a grading permit in the fall of 00:03:47.234 --> 00:04:16.190 - to the community that you know this road work was 00:04:16.866 --> 00:04:25.119 - I do just want to comment, and this is not negativity or criticism, but at no point in time during the 00:04:25.119 --> 00:04:33.452 - entire planning process was a restriction that this work had to be completed during a summer break ever 00:04:33.452 --> 00:04:41.464 - made known until we applied for the road permit. Had we known that the work being required over the 00:04:41.464 --> 00:04:44.990 - summer break was going to be a requirement, 00:04:45.698 --> 00:04:53.603 - we could have phased the initial project differently, but by that point in time, it was far too late 00:04:53.603 --> 00:05:01.430 - in the planning and process. So the road work being completed during summer break was a requirement 00:05:01.430 --> 00:05:09.414 - that came up when we applied for the road work permit. We acknowledged that our contractors agreed to 00:05:09.414 --> 00:05:14.110 - it, but what we did not anticipate was that IDEM would take 00:05:14.210 --> 00:05:21.991 - the full three months to approve the sewer permit. What we did not anticipate was the amount of rock 00:05:21.991 --> 00:05:29.849 - that was in the street. We beat out about $500,000 worth of rock to put those public improvements in. 00:05:29.849 --> 00:05:37.861 - And what we did not anticipate was the six days that the site was shut down to gas line leaks that both 00:05:37.861 --> 00:05:43.870 - the fire department and Centerpoint Energy responded to with emergency calls. 00:05:44.706 --> 00:05:59.903 - We would ask the board's consideration that the dollar amount of the fine be applied towards the improvement 00:05:59.903 --> 00:06:13.566 - of Washington Street from 19th along the west side of Washington Street that is not a part of our 00:06:14.210 --> 00:06:24.024 - Work-in-process or approved plans, but we recognize as a developer and contractor that the west side 00:06:24.024 --> 00:06:34.032 - of that street is not in a finished state Probably was not fully addressed by by Plan by our plans and 00:06:34.032 --> 00:06:37.822 - by the design of the project fines are 00:06:38.530 --> 00:06:47.485 - punitive to our subcontractors. And Crider and Crider, the subcontractor on this, worked six to seven 00:06:47.485 --> 00:06:56.703 - days a week, 80 to 90 hours a week trying to achieve this goal. It was not achievable by reasons outside 00:06:56.703 --> 00:07:03.902 - of their control. We recognize as a developer that we did impact the community as 00:07:04.258 --> 00:07:13.571 - As a compensation, we would like to use the money to improve towards an improvement of Washington Street 00:07:13.571 --> 00:07:22.528 - that has been brought up by transportation and by Maria and Kyle. If that is agreeable to the board, 00:07:22.528 --> 00:07:31.486 - we would be happy to buy that offsetting the fine amount towards capital improvement of that street. 00:07:32.578 --> 00:07:38.821 - I'll jump in here. You know, we wouldn't be able to just negotiate that on the floor of a board meeting 00:07:38.821 --> 00:07:44.824 - at this point in time, having no prior requests of that type. Does the board mind if I ask a couple 00:07:44.824 --> 00:07:49.086 - questions of the petitioner? Is that okay? So of the appellant, sorry. 00:07:49.378 --> 00:07:54.822 - You're stating that the holdups were with IDEM and others, and this will impact the subcontractors who 00:07:54.822 --> 00:08:00.529 - are working so hard at this. What I'm confused about is that we were working directly, that the engineering 00:08:00.529 --> 00:08:05.920 - staff was working directly with you and Wells and Wells to set the timelines for the extensions. They 00:08:05.920 --> 00:08:11.311 - let you know when the deadlines would need to be met. You know, how does that fall to a subcontractor 00:08:11.311 --> 00:08:15.486 - to be at fault? Why would Crider and Crider be at fault at that point in time? 00:08:16.386 --> 00:08:23.621 - They were present at the very initial meeting with transportation provided and agreed to the dates. 00:08:23.621 --> 00:08:30.929 - In hindsight, we would have asked that Crider and Crider pull the permit, but historically Wells and 00:08:30.929 --> 00:08:38.236 - Wells construction as the general contractor pulls the permit. They say that businesses pay no taxes 00:08:38.236 --> 00:08:43.518 - and businesses pay no tariffs. General contractors don't really ever pay 00:08:43.618 --> 00:08:52.314 - fines either, you know, these do flow down to the subcontractors that that's impacted. And we do, 00:08:52.314 --> 00:09:01.365 - you know, we're cognizant of the fact that, you know, they they put in the effort, they had agreed to 00:09:01.365 --> 00:09:10.239 - dates that were not achievable, but they were not achievable because of conditions that were hidden 00:09:10.239 --> 00:09:12.990 - and unknown at the time. Okay. 00:09:15.458 --> 00:09:20.557 - We've had construction projects come to this board in my 12 years that have known time and time again 00:09:20.557 --> 00:09:25.805 - that this community has rock under every road and that you're gonna have to beat it out and you're gonna 00:09:25.805 --> 00:09:31.204 - have to do these things as part of these developments. Based on what's been, what I know is the engineering 00:09:31.204 --> 00:09:36.302 - staff is working with Wells and Wells to try to set dates that could be achievable. We were certainly 00:09:36.302 --> 00:09:41.401 - hopeful this work would have been happening before the students return. Then we got into the football 00:09:41.401 --> 00:09:44.350 - season, kept trying to work with you folks to get it done. 00:09:44.482 --> 00:09:51.176 - quick fashion. Based on what I've heard, I don't know that we would recommend anything other than upholding 00:09:51.176 --> 00:09:57.621 - the fine as has been presented by the engineering department. I don't think this is one where we could, 00:09:57.621 --> 00:10:03.819 - given the timelines and everything else, start considering other types of, you know, trying to make 00:10:03.819 --> 00:10:10.141 - other public improvements and things. You know, I just don't see how that could be negotiated at this 00:10:10.141 --> 00:10:12.062 - point in time, given that it's 00:10:12.162 --> 00:10:18.884 - eight months after when these fines were issued and such. So we did the eight months past was not our 00:10:18.884 --> 00:10:25.738 - timeline. I'm saying since October, November, December, January, February, March, six months later from 00:10:25.738 --> 00:10:32.328 - when these fines were issued to start trying to think about other negotiated improvements and such. 00:10:32.328 --> 00:10:39.050 - I don't think that's a route that we well, that was that was an offer that was made to transportation 00:10:39.050 --> 00:10:41.950 - prior to the fines even being issued. Okay. 00:10:42.050 --> 00:10:51.605 - And the fact that it's six months later, we appealed as soon as we were notified of the fines. It was 00:10:51.605 --> 00:11:01.253 - initially denied. We requested again for the appeal. It was then reconsidered. And we're here at your, 00:11:01.253 --> 00:11:10.620 - we understand that we're asking for your grace in this situation, but had we not had gas leaks from 00:11:10.620 --> 00:11:11.838 - Centerpoint, 00:11:11.938 --> 00:11:21.141 - You know that did shut the site down for six days. We wouldn't be standing here. You know today we would 00:11:21.141 --> 00:11:30.168 - be within our time frames. And I certainly don't want to drag other city departments into this but you 00:11:30.168 --> 00:11:39.195 - know city Bloomington utilities was working in the streets while we were supposed to be paving. I mean 00:11:39.195 --> 00:11:40.510 - it truly was a 00:11:41.122 --> 00:11:51.644 - difficult Project with many unforeseen circumstances some very last-minute changes that was requested 00:11:51.644 --> 00:12:02.063 - by CBU Gas leaks that shut us down You know late permits by the state they all came together and you 00:12:02.063 --> 00:12:04.126 - know, my team did a 00:12:04.802 --> 00:12:10.628 - do everything that they could possibly do during those home football games to provide safe passage for 00:12:10.628 --> 00:12:16.341 - the students on the sidewalks, you know, all the way to the extent of snow fencing around the entire 00:12:16.341 --> 00:12:22.280 - site and providing, you know, safe passage on the sidewalks. And those sorts of things would be required 00:12:22.280 --> 00:12:27.993 - from any major development. I mean, that's beside the fact. You know, that's required as part of any 00:12:27.993 --> 00:12:33.310 - major development. You know, where I'm struggling with trying to make any sense of it is that 00:12:33.410 --> 00:12:40.558 - The petitioner was the one asking for the extensions the extensions got granted. Those were they agreed 00:12:40.558 --> 00:12:47.430 - upon dates You know the the gas mains and other things those are I don't understand how if if those 00:12:47.430 --> 00:12:54.990 - timelines are agreed to what different I'm just struggling to understand how that impacts what the contractor 00:12:54.990 --> 00:12:59.870 - Wells and Wells agreed to to have this road restored well if we have a 00:13:00.546 --> 00:13:09.352 - We did not have work durations. We had deadlines, which we acknowledge. We acknowledge. There's no question 00:13:09.352 --> 00:13:17.669 - about the fact that we had deadlines. Had we had those six days back from the site being shut down by 00:13:17.669 --> 00:13:26.067 - services, again, we would have met the deadline and beat the durations. Can I ask a relevant question? 00:13:26.067 --> 00:13:28.350 - What were the dates of that 00:13:28.770 --> 00:13:35.720 - and the associated shutdown? I would have to check, I don't have those dates with me, but I know there 00:13:35.720 --> 00:13:42.670 - was three separate occurrences with the fire department and CenterPoint for repairing gas leaks in the 00:13:42.670 --> 00:13:49.484 - road. Were they prior to the first extension request? That's what I was getting at. One was prior to 00:13:49.484 --> 00:13:55.422 - the first extension request, two were after. And what were the causes of the gas leaks? 00:13:55.906 --> 00:14:04.963 - The gas line in the street is one of the original old cast iron gas lines. It's extremely close to the 00:14:04.963 --> 00:14:13.932 - surface of the road. And as construction took place, any vibrations, we don't have a direct knowledge 00:14:13.932 --> 00:14:21.758 - of what caused them. They were not hits. They were not utility strikes. It was gas line. 00:14:22.690 --> 00:14:35.088 - the gas line itself leaked through deterioration of the existing line. I have a couple of questions 00:14:35.088 --> 00:14:48.478 - for staff, if I may. One question about the fine table. And if I'm reading this correctly, the fines starts 00:14:50.914 --> 00:14:57.286 - at the original amount, in this case $100, then it goes twice, then twice again. The fine table we show, 00:14:57.286 --> 00:15:03.719 - or we have, shows Lincoln $100 and then it goes to 400 instead of just up to 200, which would be doubling 00:15:03.719 --> 00:15:10.091 - the 100 amount. Why is it going up four times instead of twice? I did print out the Notice of Violation, 00:15:10.091 --> 00:15:16.766 - but unfortunately it's the wrong violation, so I don't have a direct answer without that in front of me here. 00:15:16.930 --> 00:15:26.181 - I can say that the process for those is an evaluation of an occurrence on a per day basis on a per block 00:15:26.181 --> 00:15:35.081 - phase. So if we start at $100, we should move to 200, 400, et cetera. This is a complicated site, as 00:15:35.081 --> 00:15:44.420 - Jesse mentioned. So for this NOV, thank you. Sorry, it's going from the top down. Yeah, so the formatting 00:15:44.420 --> 00:15:45.918 - we worked around 00:15:46.050 --> 00:15:53.649 - Obviously, it's not super clear. So yeah, those are violations of the same day, different locations 00:15:53.649 --> 00:16:01.476 - associated with the same project and the same violation type. Then it doubles the second day, correct? 00:16:01.476 --> 00:16:09.151 - Correct. And does this not quadruple? Or am I reading this totally incorrectly? It's every violation 00:16:09.151 --> 00:16:15.838 - by the permit holder. And so there were two violations on the 20th. So 100, it doubled. 00:16:16.002 --> 00:16:23.713 - 200, next violation is a doubling of 400. So on 921, it became 400. Oh, it's not the 100 that gets doubled 00:16:23.713 --> 00:16:31.137 - to two and the 200 that gets. Right, so I just started with Lincoln as the first location for the next 00:16:31.137 --> 00:16:39.064 - following day there. So every violation doubles across the days. Is that, like, there are multiple violations 00:16:39.064 --> 00:16:45.118 - happening. It says the quick violations are twice the previous fine of two minutes. 00:16:47.778 --> 00:16:53.497 - Yeah, in code it dictates whenever we're looking at a closure request, it's per block phase. So those 00:16:53.497 --> 00:16:59.160 - are two separate occurrences on the same day for separate locations assigned to the same contractor, 00:16:59.160 --> 00:17:05.047 - if that makes sense. Okay, and I was reading it across, and then the Washington would be a second. Okay, 00:17:05.047 --> 00:17:10.991 - I understand now, thank you. My second question is the notice of violation was September 20th. The appeal 00:17:10.991 --> 00:17:16.990 - was written on December 11th, which is still longer than the seven days. Can you talk us through just the, 00:17:17.314 --> 00:17:25.346 - The appeal was initially denied. It's getting to us late. Correct. So there were a series of NOVs and 00:17:25.346 --> 00:17:33.614 - subsequent appeals that all came in in the same time frame. This was the first one of those four appeals 00:17:33.614 --> 00:17:41.568 - that had gone through. The dating was scant to support not hearing it. And once we got that reviewed 00:17:41.568 --> 00:17:46.686 - by legal, they brought it back to our attention. They said, hey, 00:17:46.818 --> 00:17:53.305 - what we would like to hear this. At the same time, as we were working through these multiple NOVs for 00:17:53.305 --> 00:17:59.793 - this particular site, we were realizing that we needed to improve some of our internal process on how 00:17:59.793 --> 00:18:06.153 - those are communicated to the developers and who and when and how decisions of the board on appeals 00:18:06.153 --> 00:18:12.958 - are then communicate. So not only how we communicate when they're heard and how they need to be submitted, 00:18:13.058 --> 00:18:19.167 - whether it's engineering staff or public work staff that take those in. So we've been working on our 00:18:19.167 --> 00:18:25.275 - internal process for this. So when, and Miranda might have to jump in to correct me when I say this, 00:18:25.275 --> 00:18:31.384 - when a notice of violation is issued, it gets sent directly to the parties that are being issued the 00:18:31.384 --> 00:18:36.222 - NOV. From there, the appeal says it should come to the public works department. 00:18:36.290 --> 00:18:41.641 - Sometimes the appeals at that point in time were going to engineering because the developers or the 00:18:41.641 --> 00:18:47.206 - permit holders were working very closely with engineering. Engineering issued it, and so there was just 00:18:47.206 --> 00:18:52.878 - some confusion on the dates and times of when each one was communicated about, and so we did just decide, 00:18:52.878 --> 00:18:58.443 - hey, we're gonna hear the appeal. It might not have met our deadlines, but given some of that confusion 00:18:58.443 --> 00:19:04.062 - since then, we've come up with an internal process of who communicates what when, including the decision 00:19:04.062 --> 00:19:06.256 - of the board when the appeals are heard, 00:19:06.256 --> 00:19:14.821 - how that official communication goes back to the appellants and such. So, yes. Yeah, it was a situation 00:19:14.821 --> 00:19:23.056 - where a letter was mailed to our office in Champaign, but it was over obviously Thanksgiving break. 00:19:23.056 --> 00:19:31.373 - So it literally was not opened. The letter wasn't even opened and received by our office until after 00:19:31.373 --> 00:19:35.326 - the appeal deadline had passed. And that's when 00:19:35.458 --> 00:19:43.399 - you know, we had reached out to Kyle and his team and and started that process basically the first of 00:19:43.399 --> 00:19:51.339 - December, which leads us here to today. So I have a question just about generally some of the factors 00:19:51.339 --> 00:19:59.280 - that caused your delays, because there are several things issued here about the delays that have been 00:19:59.280 --> 00:20:04.574 - caused. Were any of these items, did any of these items take place? 00:20:04.866 --> 00:20:13.840 - between the August 12th and September 19th time of the permit extension Yes, and which ones took place 00:20:13.840 --> 00:20:23.163 - during that time two of the gas leaks the city Bloomington utility work on Lincoln which was an excavation 00:20:23.163 --> 00:20:31.877 - of the street and then And it's not an unknown. I 100% agree. It's not an unknown but the continued 00:20:31.877 --> 00:20:34.142 - rock excavation that just 00:20:34.242 --> 00:20:42.736 - Was far beyond the borings that we if you recall we had a hearing for an approval to do 10 borings on 00:20:42.736 --> 00:20:51.897 - the street and you know, we had 10 borings on basically eight acres and it was not it was just not indicative 00:20:51.897 --> 00:20:56.894 - of the quantity or the height of the rock in those areas it 00:20:56.962 --> 00:21:04.144 - Even, yes, we've worked in Bloomington. I busted out $2 million worth of Rocket Hub 1. We know it's 00:21:04.144 --> 00:21:11.541 - here. You know where it's not? Under the garage where I spent a million dollars trying to find it, so. 00:21:11.541 --> 00:21:18.867 - You know Bloomington. It is, if you take 10 borings on an eight acre site, you don't know what's down 00:21:18.867 --> 00:21:23.966 - there. But you can't dig up the street to explore it either, you know. 00:21:24.706 --> 00:21:34.972 - So it was those three factors between the permit and the extension, but the extenuating circumstance 00:21:34.972 --> 00:21:45.137 - of the IDEM state permit being issued on July, which allowed us to begin utilities, was the driving 00:21:45.137 --> 00:21:52.862 - factor to the situation. I follow up question to... Manicure. The CBU work, 00:21:53.122 --> 00:22:01.549 - that took place between the 12th and the 19th. Were you aware that it was going to happen before the 00:22:01.549 --> 00:22:10.059 - 12th? No. You thought all the CBE work was done? We weren't aware it was happening at all. They don't 00:22:10.059 --> 00:22:19.070 - ask us, so. It was work that was not associated with the project? No, it was not. So obviously these things 00:22:19.202 --> 00:22:29.586 - happen, you know, surprising elements happen. When engineering had the conversation on September 12th, 00:22:29.586 --> 00:22:39.970 - so this was a week prior to the expiration of the permit, my sense is engineering had a sense that the 00:22:39.970 --> 00:22:45.918 - project was not going to wrap up in time for the deadline. 00:22:46.370 --> 00:22:55.308 - What was that conversation like in the sense of, was there a discussion about a permit extension? 00:22:55.308 --> 00:23:04.519 - And if so, what was the result of that conversation? We had asked, we were told that it wasn't, that 00:23:04.519 --> 00:23:11.998 - an extension of an extension was not allowed. So while there was cooperation and, 00:23:12.450 --> 00:23:21.004 - And what we felt and still feel was an understanding of the conditions of the situation. I also understand 00:23:21.004 --> 00:23:28.918 - that, you know, if an extension of an extension is simply not something that's able to be written, 00:23:28.918 --> 00:23:37.632 - everybody's hands at that point in time were kind of bound. You know, I do, you know, just want to readdress 00:23:37.632 --> 00:23:40.190 - that, I mean, we poured asphalt 00:23:40.770 --> 00:23:50.179 - In in the rain. I mean we we kept the plants open for this project. The crews and the superintendents 00:23:50.179 --> 00:23:58.942 - involved in this did everything they could possibly do and and I I mean I live in Bloomington. 00:23:58.942 --> 00:24:02.078 - I live here. I'm on the job site. 00:24:02.242 --> 00:24:10.363 - every single day and there's nothing as the project director and the liaison directly back to the owner 00:24:10.363 --> 00:24:18.407 - in Chicago. I mean, there's nothing that I know of that could have been done that could have prevented 00:24:18.407 --> 00:24:26.528 - this situation. So, you know, we're not here to fault anybody. We're just asking for your consideration 00:24:26.528 --> 00:24:27.934 - in the situation. 00:24:28.770 --> 00:24:36.123 - I have a follow-up to a follow-up, I think. The CBU work, if it was not related to the project, do we 00:24:36.123 --> 00:24:43.115 - know if it happened prior to that conversation on September 12th, between the 12th and the 20th? 00:24:43.115 --> 00:24:50.612 - It did, and we were in conversation with Kyle and Maria about that as well. And I am not going, we have 00:24:50.612 --> 00:24:57.893 - a great working relationship with every department here. I'm not going to blame CBU for the reasons, 00:24:57.893 --> 00:24:58.686 - it's just, 00:24:58.914 --> 00:25:11.116 - Those are all of the reasons. I think it's questions for Kyle. Setting and negotiating timelines and 00:25:11.116 --> 00:25:24.406 - deadlines. There's been a lot of discussion about that late item permits. When a developer, when a contractor 00:25:24.406 --> 00:25:28.030 - permit holder comes and says, 00:25:28.194 --> 00:25:38.100 - This is my anticipated schedule. Do you say, great, we're gonna hold you to that? Or is there discussion, 00:25:38.100 --> 00:25:47.538 - negotiation? If there are extenuating circumstances, a late state permit, do they ever come back and 00:25:47.538 --> 00:25:52.958 - say, we need to reevaluate the timeline that we gave you? 00:25:53.634 --> 00:26:00.132 - Sure, I would say first and foremost, it's completely context-based. The approval of the original permit 00:26:00.132 --> 00:26:06.321 - was under the basis that we would be able to get it completed prior to the IU school year starting. 00:26:06.321 --> 00:26:12.819 - We saw the initial push to September from that August date and thought, you know, we can make this work. 00:26:12.819 --> 00:26:19.070 - And if I can be frank, this was a situation where we really just needed to rein the project back in. 00:26:19.202 --> 00:26:25.502 - the state of the road and I completely understanding there's not much space to operate there with, but 00:26:25.502 --> 00:26:31.924 - we essentially had what amounted to gravel roads on Lincoln, Washington and 19th before the intermediate 00:26:31.924 --> 00:26:38.102 - layer of asphalt was laid. And that's why we don't see 19th Street listed in the notice of violation 00:26:38.102 --> 00:26:44.830 - because we did have that intermediate layer of asphalt to make it at least passable for the traveling public. 00:26:53.602 --> 00:27:02.566 - I do not believe you were a part of the very original meeting that we had with transportation, okay. 00:27:02.566 --> 00:27:11.441 - These dates were not the dates we came and asked for. We were told no, it was dead in the water. We 00:27:11.441 --> 00:27:20.404 - asked for three months. We were given eight weeks. And that's not atypical for projects. Understand, 00:27:20.404 --> 00:27:23.422 - understand. But to your question, 00:27:23.938 --> 00:27:32.872 - It was, but we didn't have a choice because the sewer line and the storm line ran directly through the 00:27:32.872 --> 00:27:41.892 - project. The project was dead in the water without the reroute. And that goes back to one of my opening 00:27:41.892 --> 00:27:50.566 - statements. It's just an unfortunate confluence of situations, but the entire project was dependent 00:27:50.566 --> 00:27:52.734 - upon rerouting the storm 00:27:53.346 --> 00:28:03.621 - in the sewer around the street that ran through the project. And it was at our permit application that 00:28:03.621 --> 00:28:13.996 - the limitation of constructing all of that infrastructure during the school break was first made aware. 00:28:13.996 --> 00:28:22.974 - As a developer, we had no choice but to accept those constraints or the project was dead. 00:28:23.714 --> 00:28:31.335 - And we have no choice here either, but to abide by your decision. But again, without repeating, those 00:28:31.335 --> 00:28:38.956 - are all the factors that went into. And yes, it was a gravel street, but every single night and every 00:28:38.956 --> 00:28:45.980 - single morning and every single time a resident needed to get to their residence, it may have 00:28:45.980 --> 00:28:49.342 - been inconvenienced, I get it, construction, 00:28:49.666 --> 00:28:58.926 - tends to do that, but at no point in time was a resident ever denied to the point that we rented, bought 00:28:58.926 --> 00:29:08.097 - 10 parking passes at the home two suites and gave them to a certain address of individuals that created 00:29:08.097 --> 00:29:14.270 - some cause for concern and paid that out of pocket for their parking. 00:29:14.370 --> 00:29:20.940 - parking and again, did everything that we could possibly do to make it as small of an inconvenience 00:29:20.940 --> 00:29:27.642 - as possible while it was a gravel street. I have a question for staff. This is a question I feel like 00:29:27.642 --> 00:29:34.278 - I should know the answer to, but I don't fully understand the nuances of the fee schedule. Are there 00:29:34.278 --> 00:29:41.176 - fees associated with this permit, like the issuance of this permit, any costs associated with the permit 00:29:41.176 --> 00:29:43.870 - for the contractor or the permit holder? 00:29:44.034 --> 00:29:51.341 - Yes, absolutely. So there is a cost associated with any excavation within the right of way based on 00:29:51.341 --> 00:29:58.647 - paved or unpaid surface that is going to be disturbed. There's a cost for every week of a sidewalk, 00:29:58.647 --> 00:30:06.100 - lane, street closure. So all of those are based on the timeline that's given to us by contractors. Do 00:30:06.100 --> 00:30:13.918 - you happen to know, and it's OK if you don't, this was not asked at any point prior, what the cost of this 00:30:14.082 --> 00:30:21.490 - permit was, like even roughly, but it's okay if you don't have that number. If you promise not to quote 00:30:21.490 --> 00:30:28.898 - me. I believe lane closures are $200 a week. Permit fees $100 for the review of said permit. I couldn't 00:30:28.898 --> 00:30:32.958 - even make a guess as to what the actual disturbance was. 00:30:33.058 --> 00:30:38.945 - I can say that, you know, once this extension came in and, you know, we were reviewing everything and 00:30:38.945 --> 00:30:44.890 - trying to play catch up to make sure that everything was driving from our internal systems. We did ask 00:30:44.890 --> 00:30:50.892 - that Wells and Wells, you know, paid for the extension and the time they went past on all that to which 00:30:50.892 --> 00:30:53.374 - they have done since then to their credit. 00:30:53.762 --> 00:31:03.191 - I do, yes. The original permit fee was somewhere in the $4,200 range. Since then, we have paid an additional 00:31:03.191 --> 00:31:12.014 - $10,000 in permitting for the use of the street during construction. So we're about right at roughly, 00:31:12.014 --> 00:31:20.924 - if you don't quote me, roughly $15,000 in permitting directly attributed to the streets and the street 00:31:20.924 --> 00:31:22.654 - use and work there. 00:31:23.170 --> 00:31:33.144 - And that was for the permitting for the dates of, let's see, June 5th through what ultimately was September 00:31:33.144 --> 00:31:42.842 - 19th? In fairness, it's permits for the duration of the project. So it extends, it includes this period, 00:31:42.842 --> 00:31:49.214 - but extends past it, yes. Okay. Additional questions from the board? 00:31:54.178 --> 00:32:01.904 - All right, I'll make a suggestion and knowing that staff has approached wells and wells about the possibility 00:32:01.904 --> 00:32:06.750 - of investing this fine amount into other improvements near the site. 00:32:07.010 --> 00:32:12.747 - and knowing Mr. Graber is local. If it's okay with Mr. Graber, we'll table this for right now. And it's 00:32:12.747 --> 00:32:18.539 - not to say that it won't come back and come to the board for the same exact decision we would be seeking 00:32:18.539 --> 00:32:24.277 - tonight. But I'll give it the two week. I think we can give it the two weeks for engineering to discuss 00:32:24.277 --> 00:32:29.848 - and determine if that amount being invested in the west side of the road makes sense for us. I don't 00:32:29.848 --> 00:32:35.806 - know that it does. I'm not sure where things stand there. That's the first we've heard of it at this level. 00:32:36.258 --> 00:32:42.465 - I think if we can just do that for two weeks. If two weeks from today you could agree to be here again 00:32:42.465 --> 00:32:48.793 - and maybe at that point in time we can have this all figured out in terms of how to do that. But I guess 00:32:48.793 --> 00:32:55.120 - I'd ask you to table it for now and then we'll come back in two weeks with either an update to the board 00:32:55.120 --> 00:33:01.388 - on what took place or was agreed to or if we would ask for a final decision on the appeal at that time. 00:33:01.388 --> 00:33:04.702 - So just a motion to table. Is there a motion to table? 00:33:05.282 --> 00:33:13.388 - I move that we table the request for appeal of notice of violation issued to Wells and Wells on September 00:33:13.388 --> 00:33:21.034 - 20th, 2025. Second. Hearing a second, I'll take the roll. Cox-Deckard? Aye. Roach? Aye. Caron? Aye. 00:33:21.034 --> 00:33:26.846 - Motion to table passes. Thank you. Thank you very much. Thanks. You betcha. 00:33:28.514 --> 00:33:38.090 - Next on our agenda is petitions and remonstrances. This is time for the public to make comment on anything 00:33:38.090 --> 00:33:47.039 - that is not on our agenda. Seeing no one in council chambers, if there is anyone on Zoom, feel free 00:33:47.039 --> 00:33:56.257 - to use the raise hand function or chat. All right, moving along to the consent agenda, we have minutes 00:33:56.257 --> 00:33:58.494 - from January 13th, 2026. 00:33:58.626 --> 00:34:05.053 - Minutes from January 27, 2026, Resolution 2026-014, Mobile Vendor Travel and Tom's Coffee, Right of 00:34:05.053 --> 00:34:11.738 - Way Special Event for the Tuesday Farmer's Market, Right of Way Special Event for the Saturday Farmer's 00:34:11.738 --> 00:34:18.616 - Market, Right of Way Special Event for the Bloomington Handmade Market, Outdoor Lighting Service Agreement 00:34:18.616 --> 00:34:25.172 - with Duke Energy for South Southern Pines Court, Public Improvement Bond Estimate and Street Lighting 00:34:25.172 --> 00:34:27.614 - Plan Waiver for Oakstead Subdivision, 00:34:27.778 --> 00:34:34.929 - Supplemental number three to construction contract with Crossroads Engineering for Beeline Extension 00:34:34.929 --> 00:34:42.151 - Project. On-call service agreement with Blood, So, Rigort, Cooper, and James for engineering services 00:34:42.151 --> 00:34:49.515 - and payroll. Is there anything that needs to be removed from the consent agenda tonight? Does the board 00:34:49.515 --> 00:34:57.374 - have any questions on tonight's consent agenda? Is there public comment on the consent agenda? Anyone on Zoom? 00:34:58.434 --> 00:35:07.568 - All right, is there a motion? I move that we approve the consent agenda for this meeting on March 24th 00:35:07.568 --> 00:35:16.613 - of 2026. Second. I will call the roll. Cox-Deckard? Aye. Roach? Aye. Caron? Aye. Motion passes. First 00:35:16.613 --> 00:35:25.570 - on the new business agenda is the Pete Ellis discovery transfer with NDOT. Good evening, Neil Popper 00:35:25.570 --> 00:35:27.166 - with Engineering. 00:35:27.394 --> 00:35:34.179 - This is an Indiana Department of Transportation project. It's on State Route 45. It includes the intersection 00:35:34.179 --> 00:35:40.408 - with Pete Ellis and Discovery Parkway, which is the city's infrastructure. The project dates back to 00:35:40.408 --> 00:35:46.823 - before the hospital relocation and identification of some safety concerns in that area. This memorandum 00:35:46.823 --> 00:35:52.991 - of agreement would temporarily transfer portions of Pete Ellis Drive and Discovery Parkway from the 00:35:52.991 --> 00:35:53.854 - city to NDOT. 00:35:53.954 --> 00:35:59.463 - for construction and then after project completion those roadways would transfer back to the city. The 00:35:59.463 --> 00:36:04.811 - memorandum of agreement also clarifies the city's maintenance responsibilities for the sidewalk and 00:36:04.811 --> 00:36:07.806 - multi-use paths that are being constructed in the area. 00:36:08.418 --> 00:36:16.037 - An aspect of this project that has gotten a lot of public attention is the plan to remove 15 mature 00:36:16.037 --> 00:36:23.733 - oak trees on the south side of SR 45 on Pete Ellis. We've had significant coordination with NDOT and 00:36:23.733 --> 00:36:31.504 - we are going to be able to save eight of those 15 trees. This transfer agreement wouldn't normally be 00:36:31.504 --> 00:36:36.990 - required to approve the tree removal that has been discussed a lot, but 00:36:37.090 --> 00:36:42.925 - we've been coordinating with our urban forester and typically that would be more of a staff-level approval. 00:36:42.925 --> 00:36:48.437 - But given that it's wrapped up in our discussions with NDOT and there's been so much attention on it, 00:36:48.437 --> 00:36:53.894 - we did want to bring it in front of you specifically just for that transparency, just wanting you to 00:36:53.894 --> 00:36:59.405 - be aware of it and that it is a part of this project. We discussed that at the work session yesterday 00:36:59.405 --> 00:37:00.702 - and noted that it would 00:37:00.866 --> 00:37:06.436 - probably occur any day now and today was actually the day that it started occurring. There has been 00:37:06.436 --> 00:37:12.061 - work out there today. I haven't seen it myself. I don't know the extents and for sure that they made 00:37:12.061 --> 00:37:17.630 - it into any of the city trees, but I'm guessing that they did. Unfortunately, the agreement that is 00:37:17.630 --> 00:37:23.479 - in your packet is still not final. We discussed at the work session that there's a typo in the signature 00:37:23.479 --> 00:37:29.438 - line. There's some language on the permitting and inspection that we've been trying to clean up with NDOT. 00:37:29.538 --> 00:37:37.129 - However, due to the time constraints on the project and in our reaching agreement with NDOT, we do want 00:37:37.129 --> 00:37:44.793 - to approve this agreement, at least in principle, and vote to allow a temporary transfer under the terms 00:37:44.793 --> 00:37:51.070 - as written, pending future approval of the memorandum of agreement in its final form. 00:37:51.234 --> 00:37:58.900 - This will allow NDOT to begin managing work that's occurring in that right-of-way, begin working in 00:37:58.900 --> 00:38:06.796 - that right-of-way, avoiding delays to the project. Staff is recommending that we approve the agreement 00:38:06.796 --> 00:38:14.538 - as it's written, allow us to indicate at least this high-level agreement to NDOT, and know that this 00:38:14.538 --> 00:38:21.054 - would come back to you again shortly in its new final form for the formal approvals. 00:38:21.186 --> 00:38:27.748 - Staff, that's what engineering and the legal department have worked out and support, and I would be 00:38:27.748 --> 00:38:34.310 - happy to answer any questions. Thank you. Questions from the board. Regarding the trees, since that 00:38:34.310 --> 00:38:40.938 - is an issue that has had a lot of attention and there's been a lot of conversation and compromise in 00:38:40.938 --> 00:38:46.910 - the way that the trees are handled. Is there a planting plan? Like, do you know if NDOT is 00:38:47.618 --> 00:38:55.444 - planning to plant new trees that don't interfere with the right of way. NDOT is planting a small number 00:38:55.444 --> 00:39:03.194 - of trees. I don't know that there are any planned replacements actually in these areas where the trees 00:39:03.194 --> 00:39:11.020 - are being removed, but we have been working with the Parks Department. One of the things that they have 00:39:11.020 --> 00:39:11.998 - said is that 00:39:12.130 --> 00:39:18.389 - The most important thing to them was protecting as many trees as we could. They had had a goal actually 00:39:18.389 --> 00:39:24.587 - of protecting seven or eight of them and we achieved eight. They also said replanting is what we would 00:39:24.587 --> 00:39:30.785 - typically require in a project and what we want. But what's most important is if we have a space where 00:39:30.785 --> 00:39:36.924 - we can replant, we don't mind as the city going back in and replanting some of those trees ourselves. 00:39:36.924 --> 00:39:40.414 - That's not a huge cost to replant them given that this is 00:39:40.610 --> 00:39:47.685 - or will become city right of way again, we'll have the authority to go in and replant some of those. 00:39:47.685 --> 00:39:54.900 - So the answer is there are some replacements, but not to a scale that we want. That agreement at least 00:39:54.900 --> 00:40:02.044 - hasn't been reached yet, but we do have the ability and the intention of replanting some trees there. 00:40:02.044 --> 00:40:09.049 - Very good. Not a question, but I just wanted to say these improvements have been a long time coming 00:40:09.049 --> 00:40:10.590 - and only exacerbated. 00:40:10.946 --> 00:40:18.030 - I can't talk tonight, by the hospital and changes in that area. And I think East 10th Street has seen 00:40:18.030 --> 00:40:25.114 - a lot of improvements with the pedestrian improvements further to the east on Smith. So thank you for 00:40:25.114 --> 00:40:30.878 - your work and thank you for everyone's involved in saving these atries. Thank you. 00:40:30.978 --> 00:40:39.707 - And just to clarify, this is kind of a phase of NDOT's plans for that whole area, so their project stretches 00:40:39.707 --> 00:40:48.036 - from the bypass to just a little ways east of Pete Ellis, and then continued improvements up past Smith 00:40:48.036 --> 00:40:56.045 - and further would be a future phase. Any other questions from the board? All right, is there public 00:40:56.045 --> 00:40:57.406 - comment on this? 00:40:57.602 --> 00:41:06.346 - Again, if you are on Zoom, feel free to use the raise hand function or chat. None on Zoom. All right, 00:41:06.346 --> 00:41:15.347 - is there a motion? I move that we approve the Pete Ellis discovery transfer with NDOT. Just a clarifying 00:41:15.347 --> 00:41:24.262 - question. Do we need to phrase that in a specific way, since it's not an actual contract approval, such 00:41:24.262 --> 00:41:27.262 - as the board approves the contract 00:41:27.682 --> 00:41:34.476 - concept of the of the transfer So in staff's discussions with legal we kind of asked, you know, what 00:41:34.476 --> 00:41:41.405 - would the motion look like and ultimately the answer was let's just approve it as written just pretend 00:41:41.405 --> 00:41:48.199 - It's a normal item just basically approve it but knowing that it would come back again in the future 00:41:48.199 --> 00:41:54.590 - approve but not sign Yeah, it's just not being signed. It's not in that case second. All right 00:41:55.138 --> 00:42:05.063 - Thank you for clarifying. I will call the roll. Cox-Duckard? Aye. Roach? Aye. Caron? Aye. Motion passes. 00:42:05.063 --> 00:42:15.083 - Thank you. Sorry, Miranda. Next, we have the contract with Sarah Road Mitigation Project with Echo Logic. 00:42:15.083 --> 00:42:19.998 - Hello, Sarah Gomez with the engineering department. 00:42:20.642 --> 00:42:28.374 - here to award the project for the Sarah Road mitigation. The project includes the removal and replacement 00:42:28.374 --> 00:42:35.669 - of 22 dead native trees and the treatment of woody invasive species at an IDNR permitted mitigation 00:42:35.669 --> 00:42:40.702 - site for a former city project from Buttonwood to College Mall Road. 00:42:41.410 --> 00:42:54.500 - Quotes were received at noon on Monday, January 15th, 2026. The quotes were as follows. Steve Chafin, 00:42:54.500 --> 00:43:04.638 - $14,655. EcoLogic, $35,395. Sorry, $35,395.47. And Habitat Solutions, $52,335. 00:43:04.866 --> 00:43:13.491 - Although Steve Chafin was the lowest bidder, it was unresponsive in meeting the city insurance requirements 00:43:13.491 --> 00:43:21.557 - for the quote, and EcoLogic was the second lowest responsible and responsive bidder, and engineering 00:43:21.557 --> 00:43:29.942 - recommends awarding the contract to EcoLogic. Thank you. Questions from the board? Question here. Sarah, 00:43:29.942 --> 00:43:34.814 - I'm at a loss. Where is this located? I'm a little confused. 00:43:36.162 --> 00:43:43.828 - Let's see, just south of where Moores Pike and College Mall intersection is at, the trail that comes 00:43:43.828 --> 00:43:51.569 - down goes over a creek, and there's a pedestrian bridge, and to the right-hand side, if you're headed 00:43:51.569 --> 00:43:59.767 - south, there is about an acre of land that has what looks to be dead trees and shrubbery. A little triangle 00:43:59.767 --> 00:44:06.142 - there at the lighted intersection? Yes, correct. And those were, that was a minute, 00:44:06.274 --> 00:44:14.307 - Those were a mitigation planning from another project. Correct. So the Sarah Wood Sarah Road project, 00:44:14.307 --> 00:44:22.339 - I believe it was in 2019, goes from Buttonwood to College Mall Moores Pike intersection. And that was 00:44:22.339 --> 00:44:30.530 - for that trail extension along there, including that pedestrian bridge, as well as it's associated with 00:44:30.530 --> 00:44:35.806 - I'm sorry, I'm forgetting the name of the street, but in any case, 00:44:36.066 --> 00:44:44.222 - There were a number of trees that were taken down as part of that project. And so the IDNR said we need 00:44:44.222 --> 00:44:52.064 - to have a mitigation site where we can plant other trees because of those trees will not be able to 00:44:52.064 --> 00:44:56.926 - be replaced in their current location. Great. Thank you. Yes. 00:44:57.602 --> 00:45:04.621 - Could you just mention briefly the project schedule, how long it will take for what phases of this? 00:45:04.621 --> 00:45:11.992 - I see it in the service agreement, but it says three one-day visits between April and November. Correct. 00:45:11.992 --> 00:45:19.152 - So they'll come in and it's a process of each item has to be taken care of separately. So there'll be 00:45:19.152 --> 00:45:25.118 - multiple times where they'll come in and they'll do their invasive species spraying. 00:45:25.890 --> 00:45:33.795 - for the kind of ground cover invasive species in shrubs. And then they'll have to do that a number of 00:45:33.795 --> 00:45:42.165 - times. And then they'll come back out for tree removal. And then they'll come back again for tree planting. 00:45:42.165 --> 00:45:50.147 - Yeah, got it, thank you. And we had talked yesterday during the work session about the fact that there 00:45:50.147 --> 00:45:55.262 - is a renewal clause in the agreement that if the work should have 00:45:55.522 --> 00:46:05.863 - should have to continue beyond the planned timeline that we do have the opportunity to renew for another 00:46:05.863 --> 00:46:15.712 - potentially additional two one-year terms if something was needed during that time. Correct. Great, 00:46:15.712 --> 00:46:19.454 - is there public comment on this item? 00:46:24.706 --> 00:46:32.822 - Is there a motion I Move that we approve the contract for say road mitigation project with eco logic 00:46:32.822 --> 00:46:40.857 - Second I will call the roll Cox Decker. I roach. I grown I motion passes. Thank you. Thank you Next 00:46:40.857 --> 00:46:48.972 - is the contract with precision concrete for sidewalk cutting Yep, Adam Wason on behalf of our Street 00:46:48.972 --> 00:46:52.990 - Division at Public Works. This is a contract with 00:46:54.274 --> 00:47:03.232 - Sorry, with precision concrete for sidewalk cutting. This is a annual project and contract that we put 00:47:03.232 --> 00:47:12.104 - out for sidewalk trip hazard mitigation. And we will have precision start this work here this spring. 00:47:12.104 --> 00:47:21.758 - The amount not to exceed is 300,000 and we'll focus on roughly 4,500 plus trip hazards in this contract alone. 00:47:23.170 --> 00:47:24.766 - Thank you, questions from the board. 00:47:25.634 --> 00:47:32.549 - I just wanted to voice that this has been a really successful partnership. We've seen a lot of improved 00:47:32.549 --> 00:47:39.331 - sidewalks for greatly reduced costs compared to something like a replacement through this. I'm amazed 00:47:39.331 --> 00:47:46.047 - by the fact that they're going to have the opportunity to correct the 4,500 plus trip hazards that's 00:47:46.047 --> 00:47:52.762 - going to make a huge difference for walkability. Just appreciate the city's work to make this happen 00:47:52.762 --> 00:47:55.422 - so that we have the improved sidewalks. 00:47:55.586 --> 00:48:05.267 - Thank you. Any public comment on this item? All right, is there a motion? I move that we approve the 00:48:05.267 --> 00:48:15.140 - contract with precision concrete for sidewalk cutting. Second. I will call the roll. Cox Deckard? Aye. 00:48:15.140 --> 00:48:18.878 - Roach? Aye. Caron? Aye. Motion passes. 00:48:20.162 --> 00:48:28.057 - Next we have the right-of-way closure request for Duke Energy on Grant Street, Dunn Street, and Sixth 00:48:28.057 --> 00:48:35.875 - Street. Hello, Zach Bell, Engineering. Duke Energy is requesting lane and sidewalk closures on Grant 00:48:35.875 --> 00:48:43.770 - Street, Dunn Street, and Sixth Street from 511 26 to 706 26 for work on IU's circuit loop. There will 00:48:43.770 --> 00:48:48.414 - be 10 total work zones. They have supplied traffic control, 00:48:48.578 --> 00:48:58.486 - and communicated to adjacent businesses and all affected people. I also reached out to them about the 00:48:58.486 --> 00:49:08.588 - reasoning for the night work and encouraged them to apply for a noise permit. Thank you. Questions from 00:49:08.588 --> 00:49:18.398 - the board. There was some confusion yesterday about the accessibility of the supplemental documents. 00:49:18.914 --> 00:49:38.558 - I don't see them on the drive. Was that something that I should be seeing on the track? Miranda scrolling 00:49:50.370 --> 00:49:57.898 - No, this is a section and I can take this section out the relevant materials included in the packet 00:49:57.898 --> 00:50:05.802 - section is a was on the standardized template And that is if if they provided those items that we should 00:50:05.802 --> 00:50:13.781 - have those However with the maintenance of traffic plan. It is a portion of the MUT CD that they normally 00:50:13.781 --> 00:50:16.190 - provide to us as Duke Energy so 00:50:16.290 --> 00:50:22.022 - What happened here is we use a template document for the accessibility of these staff reports. We should 00:50:22.022 --> 00:50:27.536 - have just removed that last section for this one and not included it at all, but then it looked like 00:50:27.536 --> 00:50:33.050 - it should have been hyperlinked like the rest of them. Yes, so that was on us. So that's part of the 00:50:33.050 --> 00:50:38.564 - kinks we're working out with this new program here. We talked about that in our coordination meeting 00:50:38.564 --> 00:50:39.710 - today, actually, so. 00:50:40.834 --> 00:50:46.280 - And I'll just add, so we talked about this a little bit in the work session yesterday. This is a major 00:50:46.280 --> 00:50:51.621 - project for Duke to, for the transmission lines that go into Indiana University. Starts in the alley 00:50:51.621 --> 00:50:57.014 - there behind Village Deli and Osterio Raggo, moves out to Grant Street, goes up to Sixth Street, back 00:50:57.014 --> 00:51:02.407 - over towards campus and down behind the Von Lee. Major project, we've been coordinating with Duke for 00:51:02.407 --> 00:51:08.382 - some time on this. They know they need to work with all the adjacent property owners, maintain access, work with 00:51:08.514 --> 00:51:15.126 - you know, work through all that. So big project in coordination, also with all of our other downtown 00:51:15.126 --> 00:51:21.803 - projects that we've got going this summer. So lots of work to take place, but all in the name of good 00:51:21.803 --> 00:51:28.415 - progress and such. So thank you. Did Duke Energy give an indication that they did believe that there 00:51:28.415 --> 00:51:34.962 - would be some additional noise, whether that be from the trucks or any kind of boring activity? No, 00:51:34.962 --> 00:51:38.366 - no, I only encourage them to do that because of the 00:51:38.530 --> 00:51:45.563 - time period that they did. I have not heard back from them on the noise level specifically with this 00:51:45.563 --> 00:51:52.945 - application. All right, yeah. And I think we had discussed the possibility that the nature of the closure 00:51:52.945 --> 00:51:59.978 - may not indicate active work or noise being created. But if they do determine that, it would be good 00:51:59.978 --> 00:52:06.942 - to have us approve. Yeah, I expect to hear back from them soon. Any other questions from the board? 00:52:08.930 --> 00:52:16.443 - All right, public comment on this item? None on Zoom. Seeing none, is there a motion? I move that we 00:52:16.443 --> 00:52:24.253 - approve the right-of-way closure request for Duke Energy on Grant Street, Dunn Street, and Sixth Street. 00:52:24.253 --> 00:52:31.914 - Second. I will call the roll. Cox-Dekard? Aye. Roach? Aye. Caron? Aye. Motion passes. Thank you. Next, 00:52:31.914 --> 00:52:35.038 - we have the right-of-way closure request. 00:52:35.266 --> 00:52:47.069 - and noise permit for City of Bloomington Utilities on Gates Drive. Good evening, Kyle Wall from Engineering 00:52:47.069 --> 00:52:59.091 - again. City of Bloomington Utilities is requesting road closure and a noise permit for starting around 7 p.m. 00:52:59.091 --> 00:53:04.446 - on Thursday, April 9th until Friday, April 10th. 00:53:04.546 --> 00:53:13.535 - morning along North Gates Drive, so pretty adjacent to the IU credit union on that stretch of road there. 00:53:13.535 --> 00:53:22.524 - So it's just a single night closure, no sidewalks are planned to be impacted with a detour route planned. 00:53:22.524 --> 00:53:31.089 - So that's just south of the roundabout there near Circle Prosko and north of, I think it's Whitehall 00:53:31.089 --> 00:53:32.446 - crossing there. 00:53:34.850 --> 00:53:43.042 - Questions from the board. Is there public comment on this item? All right, is there a motion I move 00:53:43.042 --> 00:53:51.235 - that we approve the right-of-way closure request and noise permit for city of Bloomington utilities 00:53:51.235 --> 00:53:58.526 - on Gates Drive I Will call the roll Cox Deckard. I roach. Hi, Korone. I motion passes. I 00:54:00.898 --> 00:54:08.078 - Our final item of new business tonight is a right of way closure request for A&A Concrete at 1307 and 00:54:08.078 --> 00:54:15.398 - 1317 South Henderson Street. Zach Bell again, engineering. A&A Concrete is requesting sidewalk closures 00:54:15.398 --> 00:54:22.649 - totaling up to two weeks for sidewalk replacement at 1307 and 1317 South Henderson Street. I've spoken 00:54:22.649 --> 00:54:29.758 - with Angelo the applicant. His intended start date at this moment, which is tentative, is April 1st. 00:54:31.042 --> 00:54:37.907 - I'm also in discussions with him about finalizing the traffic control there. We're going to base it 00:54:37.907 --> 00:54:45.115 - off a typical application. He's also going to notify the local schools. The detour, the sidewalk detour, 00:54:45.115 --> 00:54:51.980 - will route pedestrians around the eastern sidewalk, via the western sidewalk, and cross at Hillside 00:54:51.980 --> 00:54:56.030 - and Henderson and Grimes and Henderson via the curb ramps. 00:55:01.506 --> 00:55:12.733 - Okay, thank you questions from the board As long as we're talking about packets and accessibility just 00:55:12.733 --> 00:55:24.288 - a quick question so in a case like this the staff report written in Verbal and if there are no additional 00:55:24.288 --> 00:55:30.174 - documents because nothing is accessible Currently yes 00:55:30.466 --> 00:55:37.357 - In our discussion this morning, we're going to provide more information on which portion of the MUTCD 00:55:37.357 --> 00:55:44.316 - that they will be using, making sure that we, in addition to duration, we get sort of a window of time 00:55:44.316 --> 00:55:51.478 - that they're going to be using. If it's an approval of something that you're approving a two-week closure 00:55:51.478 --> 00:55:58.234 - for, say, the month of April at some point, we're going to be including more of that information in 00:55:58.234 --> 00:55:59.518 - that staff report. 00:56:00.194 --> 00:56:07.006 - And that's where you'll see that come down. But yes, currently if we're using portions of the MUTCD, 00:56:07.006 --> 00:56:13.885 - if we include just one page, we have to make that page accessible. Otherwise we have to give you guys 00:56:13.885 --> 00:56:20.697 - the entire document in its entirety to not have changed the, to change the accessibility of that. So 00:56:20.697 --> 00:56:28.318 - you'll start to see more where it's just a staff report with an explanation of where that closure will be versus 00:56:28.514 --> 00:56:37.534 - a map of that closure at this time until we can. That's very helpful, thank you. Is there any public 00:56:37.534 --> 00:56:46.733 - comment on this item? None on Zoom. Is there a motion? I move that we approve the right of way closure 00:56:46.733 --> 00:56:53.342 - request for ANA Concrete at 1307 and 1317 South Henderson Street. Second. 00:56:54.114 --> 00:57:01.529 - I will call the roll. Cox Deckard? Aye. Roach? Aye. Caron? Aye. Motion passes. Thank you. Thank you. 00:57:01.529 --> 00:57:07.550 - Now we're on to staff reports and the 2026 fiscal year sidewalk improvement plan. 00:57:09.122 --> 00:57:15.188 - again, Public Works. We talked about this some yesterday in the work session, but just wanted to bring 00:57:15.188 --> 00:57:21.137 - this for the board for official acceptance. So each year we have a certain amount of limited dollars 00:57:21.137 --> 00:57:27.262 - amount of dollars and limited resources towards sidewalk improvement citywide. For several years, we've 00:57:27.262 --> 00:57:33.269 - come to you with our kind of annual sidewalk improvement plan to identify the locations and the types 00:57:33.269 --> 00:57:36.862 - of repairs we'd like we plan to make in a given year. As you 00:57:36.962 --> 00:57:46.534 - Approved tonight. We have the $300,000 contract for trip hazard removal. We also have plans for as part 00:57:46.534 --> 00:57:56.289 - of our paving season to do operate updated ADA compliant ramps 122 of those. Over the next several paving 00:57:56.289 --> 00:57:57.854 - seasons and then 00:57:58.178 --> 00:58:05.586 - We also have trip hazard repairs that we've listed by location in the document as well. Beyond that, 00:58:05.586 --> 00:58:13.141 - we have a sidewalk assistance program for residents that are in income eligible areas of the community 00:58:13.141 --> 00:58:16.222 - development block grant geographic zones. 00:58:16.770 --> 00:58:23.754 - And so that's $100,000 that we make available for matching program for residents that are in low income 00:58:23.754 --> 00:58:30.402 - areas wanting to make sidewalk repairs that are their responsibility will help offset their costs. 00:58:30.402 --> 00:58:31.678 - So overall, we are 00:58:32.066 --> 00:58:38.761 - presenting this to you tonight as our annual plan. It is possible that some of this would get moved 00:58:38.761 --> 00:58:45.455 - into a subsequent year or if resources don't allow for a certain project to be made, we'll add that 00:58:45.455 --> 00:58:52.217 - to a plan for next year and update the board with that. Otherwise, I'm happy to answer any questions 00:58:52.217 --> 00:58:56.702 - and appreciate your support of all of our efforts here. Thank you. 00:58:58.210 --> 00:59:05.729 - Next on the agenda is the approval of claims any questions that can you actually if you're so inclined 00:59:05.729 --> 00:59:13.394 - We'd ask that you make a motion to just accept the sidewalk improvement plan. Oh my apologies The Paving 00:59:13.394 --> 00:59:21.278 - list. Mm-hmm. It's a three-year period. Yes. Is that typical? It's like rolling three years. So next year's 00:59:21.378 --> 00:59:28.018 - sidewalk plan will be 27 28 29 yeah we're working on three years we'd love to work on a five-year plan 00:59:28.018 --> 00:59:34.465 - but depending on any given winter and what road decides that it's going to deteriorate more quickly 00:59:34.465 --> 00:59:41.041 - than planned that changes year to year but yes that's exactly what we're trying to do in the the road 00:59:41.041 --> 00:59:42.782 - sections listed that's the 00:59:42.978 --> 00:59:51.753 - the blocks that are being paved and the number of curb ramps that are associated with those. Yes. Okay. 00:59:51.753 --> 01:00:00.529 - So for the 2026 paving list on the two 11 look there's 11 specific locations for paving there that will 01:00:00.529 --> 01:00:08.966 - have updated ramps in the amount of 44 total. Thank you. And one thing we discussed during the work 01:00:08.966 --> 01:00:11.582 - session was that these are all 01:00:11.778 --> 01:00:19.294 - repair sites and not new. Yes, that new will be 01:00:19.394 --> 01:00:25.562 - taken care of by the City Council. Yes. So sidewalk connections and requests for new sidewalks go through 01:00:25.562 --> 01:00:31.497 - a completely separate process. That's not part of our annual maintenance and repair budget. I'll just 01:00:31.497 --> 01:00:37.315 - reiterate what we talked about a little bit yesterday was sidewalk repairs and maintenance falls to 01:00:37.315 --> 01:00:43.134 - the adjacent property owner per city code as the responsible party for those. The one area where we 01:00:43.134 --> 01:00:49.360 - do make our investments is that one of the areas where we make our investments specifically is if the city 01:00:49.360 --> 01:00:55.419 - So this tree between the roadway and the sidewalk and the tree plot, which is city owned, if that's 01:00:55.419 --> 01:01:01.478 - what's causing the damage, that's where you're going to see us doing the trip hazard repairs. Those 01:01:01.478 --> 01:01:07.718 - are all going to be mostly all related to street tree related heaving of sidewalks and such. So that's 01:01:07.718 --> 01:01:13.898 - where we really try to focus our efforts and then work with the private property owners on what their 01:01:13.898 --> 01:01:19.230 - responsibilities would be. One more question for me, sorry. The maps that are included. 01:01:19.426 --> 01:01:44.670 - What are they supposed to represent? These are Sorry, I wasn't focused on the maps James I was focused on the 01:01:53.154 --> 01:02:02.706 - these these might be these might have been included by mistake okay sorry I was only focused on the 01:02:02.706 --> 01:02:12.926 - staff report trying to just look at that associated it does not associate directly with the paving list so 01:02:24.994 --> 01:02:32.153 - I will get back to you on exactly what those are. Those were submitted by Danny. Danny's not in today, 01:02:32.153 --> 01:02:39.381 - sorry. I'll follow up with you on that. The main point and the information that's most relevant to this 01:02:39.381 --> 01:02:46.749 - is the locations and the information located in the actual staff report. Thank you. All right, any public 01:02:46.749 --> 01:02:51.614 - comment on this item? None on Zoom. All right, now is there a motion? 01:02:52.226 --> 01:02:58.659 - I move that we approve the 2026 a fiscal year sidewalk improvement plan Second, I will call the roll 01:02:58.659 --> 01:03:05.092 - Cox Decker. I wrote I Caron I Motion passes. Okay. I think I figured it out But definitely follow up 01:03:05.092 --> 01:03:11.780 - for sure to make sure I think those maps are the locations in which the sidewalk grinding is gonna occur 01:03:11.780 --> 01:03:18.341 - So they'll go into those neighborhoods and find the trip hazards that qualify for remediation in those 01:03:18.341 --> 01:03:19.806 - geographic areas those 01:03:19.938 --> 01:03:28.131 - Those are some of the targeted areas. Yes, but I will follow up and make sure that I'm correct in that 01:03:28.131 --> 01:03:36.245 - response. Excellent. Now we will move to claims. Does the board have any questions on claims tonight? 01:03:36.245 --> 01:03:43.006 - Is there any public comment on claims? None on Zoom. Seeing none, is there a motion? 01:03:43.586 --> 01:03:50.273 - Move that we approve the claims for tonight's meeting in the amount of four million eight hundred eighty 01:03:50.273 --> 01:03:57.088 - nine thousand three hundred fourteen dollars and seventy one cents second I Will call the roll Cox Decker. 01:03:57.088 --> 01:04:04.094 - I Roach I Caron I motion passes and seeing there's nothing else on the agenda. I will call for adjournment. I