WEBVTT

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- I call to order the Board of Public Works meeting tonight for Tuesday, October 6th. We are in council

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- chambers at City Hall at 401 North Morton Street. If you are on the Zoom link at the time for public

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- comment, you are welcome to either use the raise hand function or the chat. We will start tonight on

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- our agenda with opening of bids, which occurred at the work session.

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- Yesterday so we will move along to messages from board members any messages from the board. I Do have

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- one message in the interest of the meeting length and the fact that many of these items are ones that

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- we have heard in the past I'd like to make a motion that the board adopt a rule limiting oral public

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- comment on each agenda item to five minutes per speaker All right with the motion is there a second

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- I second that motion. All right, I will call the roll. Roach? Aye. Cox-Deckard? Aye. Caron, aye. Motion

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- passes. So public comment tonight will be limited to five minutes per individual. All right, first we

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- have an appeal for Wells and Wells of the engineering notice of violation issued November 24th, 2025,

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- the second hearing.

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- The appeals process will now be that the appellant will go first and then the city of Bloomington will

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- make their statements. So if someone is here to speak on behalf of Wells and Wells, you may step up

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- to the podium and state your name. Thank you, Miranda. Jesse Graber with Wells and Wells Construction.

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- Sorry, I just want to make sure that the captioning is picking up everything is. There we go, thank

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- you perfect. Absolutely again recording in progress. Here with the same petition and request

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- and understanding as the last time we all met. I think the.

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- You know, there's no reason to rehash what happened at the time. There is a substantial punitive fine

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- for opening the streets a couple days after our permit had expired. We discussed in quite detail last

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- time the reasons why our owners have requested

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- Which was at least an initially favorably received by transportation that we. donate or pay in kind

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- to the amount of the proposed fine.

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- to a capital improvement project on Washington Street that's much needed given the amount of current

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- student traffic and the proposed student traffic with a 600 car parking garage at the end of Washington.

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- The east side of Washington was fully redeveloped under the construction plans with new sidewalks,

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- new curb, new ADA ramps. The west side of Washington is in its original current state

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- There are no curbs. There are no sidewalks for the students. There is considerable amount of erosion

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- and runoff every time it rains down Washington Street and ruts out the property. We do acknowledge that

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- there is some construction damage that has been done to the west side of Washington that will need to be

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- addressed but in no way shape or form to the degree that would be required to support the amount of

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- students and traffic that is that Washington Street is going to receive. We had met transportation on

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- site a few months ago thought we at least had a.

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- plan to move ahead with a proposed capital improvement project, but was asked to come back here for

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- a second hearing. So no nothing new, same position as before. So happy to help the community and the

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- city with a project there that helps everyone. And I think one of the property owners from Washington's

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- here who had reached out to me, I just mentioned to her that there was a hearing tonight as well. So

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- thank you.

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- Hi, good evening, Alex Pratt with City Legal. I will just recap for the board real quick what this appeal

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- is about. So the appellant, Wells and Wells Construction, was issued a notice of violation that occurred

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- on September 20th, 2025. And basically the appellant was granted approval via permit for road closures

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- both North Lincoln Street from July 2nd to July 23rd, 2025, and again at North Washington Street from

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- July 23rd to August 13th of 2025. Appellant requested extension for the closure dates for these both

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- locations and was given a deadline until September 19th of 2025 for completion.

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- The parent was not able to complete the project in a satisfactory condition and was assessed a fine

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- of 27,000 in accordance with Bloomington Municipal Code. And we asked the board to uphold the notice

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- of violation and deny the appeal. And we would also request that the board just refrain from

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- adjudicating how the funds will be spent because under the code, their authority is to render a decision

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- and uphold or reduce or eliminate the fine. Yes, thanks. Just a general clarification, and I think you

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- I'm sorry, I forget your name. I think you said it right there at the end. Tonight's request and the

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- charge of the board is to determine whether a fine or excuse me, excuse me, a violation happened and

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- whether the city should uphold the fining structure that exists in city code.

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- not to make any kind of determination about any negotiation that may or may not have happened or negotiations

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- that fell apart or how those fine dollars should be spent. Is that correct? Yes, that is correct. Just

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- a little clarification that you are able to reduce the fine if you see extenuating circumstances in

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- this appeal. Thank you.

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- Hello, my name is Mitzi Lewis, I live at 110 East 19th Street I am here regarding the poor and unsafe

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- condition of North Washington Street between 19th South to the new parking garage and

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- I own two student rental properties on North Washington directly across from Hub 2. And we've rented

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- those properties 135 years, 120 years, at least. And I would just want to say the relocating and new

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- level of North Washington Street has left the west side of the street with wide gaps of dirt, unsightly

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- and unfinished sections.

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- My own asphalt parking area in front of 1321 destroyed The asphalt was replaced with compacted fill

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- which is treacherous as my tenants Step out from their cars onto these loose stone pebbles on a slope

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- now there's a slope because Washington's lower than it was before and

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- But maybe worst of all is there is now a significant drop off from the edge of the pavement along the

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- west edge of the street. Because the street was also moved to the east a bit. So I call this drop off

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- a gully because after every hard rain or two, the rock which gets repeatedly replaced to fill this gap

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- washes out and we're quickly back to this significant drop off.

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- I believe this gullies a liability for the city and will become a bigger problem when the traffic and

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- significantly increases once Hub two is completed in the parking garages in full use I Did send pictures

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- today of North Washington Street to your public works email I don't know if you had a chance to look

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- at those and I just would encourage this may not be your you know a wheelhouse but

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- Or your decision, but I just encourage you maybe to visit the area and take a look in person what I'm

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- trying to describe and with the pictures. This section of North Washington Street badly needs curb slash

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- gutter. Install to eliminate the goalie and the side and they need sidewalk replacement and much more I just.

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- guess I'd like to know maybe you're not again not the party to ask but does the city have a plan and

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- money to do these much needed upgrades and so I just like to say I vote in favor of the appeal not to

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- find them but rather let them use their resources toward this capital improvement project that needs

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- to be done. Seems like that would be a better use of resources. Thank you.

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- Any final questions from the board Excuse me, I guess this is for city staff probably Andrew Are there

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- any short or long-term plans for any public improvements in this general area? Good evening, Andrew

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- seabor city engineer

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- The city of Bloomington does not have a city-funded capital project programmed on North Washington at

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- this time. We are aware that the condition of some of the work in the area still needs to be remedied,

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- and that's been coordinated and in process with the developer, but there are no city capital projects

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- currently planned. What I'm hearing you say is that

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- problems created as a direct result of construction will be remedied. That's what I would expect, not

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- knowing the details, but any damages caused should be brought back to equal or better condition. But

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- not necessarily other capital plans. Correct. Okay, thank you.

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- engineering program manager. Just to state that those conditions are very common around any work area

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- and the expectation if there's no planned improvements for that section would be for restoration to

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- at least the standard that they were currently existing in prior to the start of the project. And before

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- the start of the project was that area of North Washington

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- on any kind of future list for improvements? Not that I'm aware of. Okay, thank you. All right, is there

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- any other public comment, Miranda? None on Zoom. Okay, thank you. Is there a motion? I move that we

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- uphold the engineering notice of violation issued to Wells and Wells on November 24th, 2025.

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- Second. With a motion and a second, I will call the roll. Roach? Aye. Cox-Dekard? Aye. Caron, aye. Motion

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- passes. Next, we have the CGR appeal of engineering notice of violation, issue June 10th, 2026, second hearing.

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- There's a representative from CGR to speak on behalf of this appeal. You may step up to the microphone.

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- If you would state your name, please, and then you'll have five minutes. Thank you. Yes. My name is

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- Carvin Thomas. I am the managing partner of CGR services LLC Bloomington, Indiana.

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- And when I left here the last time, I wasn't for sure what the reason was for the table. Adam suggested

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- we table this motion into this meeting. I'm not sure what he was seeking to find. But I will just go

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- back and reiterate what I said before, that this project that we started begun under RAD 2. It was a RAD 2.

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- project up at Crestmont. Actually, Rad 1, we were involved in down at Stonewood on the south side of

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- Bloomington. Not, I'm sorry, Walnut Woods south side of Bloomington. And continued up at Reverend Butler,

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- Rad 1. Rad 2 began on Crestmont, and that's where we started this project. After Rad 2, we were contracted,

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- we were contracted to do some sidewalk repairs.

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- in addition to the continuation of the RAD2 project. During the... when we signed the initial contract

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- for the concrete sidewalk repair, there was nowhere in the contract that had stated we needed a right-of-way.

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- We just can... we, CGR, just assumed we were continuing to work under the RAD2 project, which didn't

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- require right-of-ways to finish the project.

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- So we were approached after we were shut down. Rhonda from the city of Bloomington shut us down for

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- like a month and a half. We weren't allowed to continue our repairs, so we come back shortly in January

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- and continued our repair when we were approached by the city to have right-of-way permits, which we

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- thought was unfair to CGR, because we would have put that in the cost of the contract.

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- for right-of-way permits. So we were under the assumption we would continue to operate under the RAT2

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- agreement, which was what we were doing was to fence off all of our repairs, and mind you, like I repeated

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- last time, like I said the last time, we were talking probably 10 feet, sometimes five feet of concrete,

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- sometimes 10 feet of concrete, and there were probably

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- you know, 10 to 15 spots all over Crestmont that we had repaired. And like I said last time, we had

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- came together under the Rad2 agreement and agreed that the best way to partition off these sidewalks

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- for safety was to put up the orange fencing, which is what we continued to do under this project. Then

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- we were approached,

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- about the right-of-way, which for our position, again, had we known from the beginning, we would have

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- factored in those costs. So for that to happen to us midstream, we kind of felt like that was a little

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- unfair to us. But as Secretary Roach had discussed last time, it was all about the city,

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- and putting up the signs for street closures, which, at that time, I thought was not as effective as

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- the orange fencing. I get what you said about the safety, and I just wanted to reiterate that.

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- We know up at Crestmont, there's tons of kids, there's tons of folks. It was around starting back to

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- school, and we knew there would be a lot of folks getting on buses, so we put up the orange fencing,

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- which we thought was the best way to proceed with that. And just a further one last point I'd like to

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- make, that when we received our final payment for this project, it came out of the RAD2 funds for our

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- final payment.

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- So just to try to boast our point that we thought we were continuing this project under the Rad2 agreement,

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- which called for no right-of-way offsets or permits. Again, I'm not sure why Adam tabled that. I never

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- did get an excuse on why this was tabled. I don't know what he was looking at. If there was additional

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- information, I'm not sure what that was. All right.

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- You have someone from the city, please. Alex Pratt with CityLego again. So a brief recap of this appeal,

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- the appellant's CGR services, LLC, was issued a notice of violation that occurred from April 7th.

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- 2026 to April 24th of 2026 Appellant applied for right-of-way permits with the city and After that staff

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- repeatedly requested additional information in order to issue the permit The appellant failed continuously

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- failed to provide that information and was on

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- April 24, 2026 there was issued a fine of $3,000 for working in the right of way without a permit. The

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- parent was eventually issued a retroactive permit. And so we asked the board to uphold the notice of

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- violation and the fine and deny the appeal. Thank you. Questions from the board?

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- Alex, don't go away too fast. Just to, like I did last time, I just want to reiterate my understanding

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- of our charge tonight. Our charge is to determine whether a violation took place, and whether that's

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- the fine assessed by the city is in line with city code, but we do have the ability to adjust that fine

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- as necessary.

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- Charge is to not adjudicate contract disputes That is correct. Okay. Thank you All right seeing no other

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- board questions is there public comment on this item I

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- None on Zoom. Thank you. Is there a motion? I move that we uphold the engineering notice of violation

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- to CGR issue June 10th of 2026. Second. I will call the roll. Roach? Aye. Cox-Deckard? Aye. Crohn? Aye.

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- Motion passes.

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- Next on tonight's agenda is petitions and remonstrances. This is a time for public to comment on any

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- item that is not on tonight's agenda. Again, if you are on Zoom, feel free to use the raise hand function

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- or chat. None on Zoom. All right, so we will move along to the consent agenda. Tonight is a noise permit

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- request for 50 year celebration at Rinseable Spoon.

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- Contract renewal with Ivy Tech for CDL training. Engineering service agreement with Rundle Ernstberger

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- Associates Inc. Preliminary engineering contract amendment two with Crossroad Engineers PC for Hopewell

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- South and payroll. Are there any items that need to be removed from the consent agenda tonight? Any

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- board questions on the consent agenda? Is there any public comment on the consent agenda?

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- None on zoom. All right. Is there a motion? I Move that we approve the consent agenda for October 6th

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- of 2026 second I will call the roll Roach. I Cox Decker. I Caron I motion passes Next we'll move along

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- to new business. We have a right-of-way closure request from Duke energy on Grimes Lane and

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- Good evening, Kyle Ball from Engineering again. Duke Energy had submitted this request for a right-of-way

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- closure along Grimes Lane just west of the South Walnut intersection to relocate some power that's currently

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- running to that signal ahead of some intersection improvements that are becoming, I believe in 2027.

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- The proposed closure includes or closures rather include the southern sidewalk and the southern eastbound

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- traffic lane. So this would actually be in between the B line trail overhead crossing and the intersection

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- itself roughly. Flaggers would be utilized for the lane closure and there would be a hard closure point

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- for the pedestrian traffic that would have folks

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- move around that closure to the north side along South Walnut Street and then we would actually get

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- to utilize our new mid-block crossing on that section of street just about 50 feet to the west of this

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- work area. So they're planning to perform this work between November 2nd and December 18th of this year

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- and plan for three to five days for the work to be completed.

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- Seeing none, is there any public comment on this item? None on Zoom. All right, is there a motion? I

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- move that we approve the right-of-way closure request from Duke Energy on Grimes Lane. Second. I will

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- call the roll. Roach? Aye. Cox-Deckard? Aye. Caron? Aye. Motion passes.

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- Next is a right of way closure request for August Mac environmental on North Morton between West 6th

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- Street and West Kirkwood and West 6th Street between North Morton and North College Avenue. Hello Rebecca

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- Davis from engineering department August Mac environmental is requesting approval of a temporary right

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- of way closure at the

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- on the 200 block of West 6th Street to accommodate removing environmental monitoring wells as well as

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- the repair of the sidewalks. The request includes temporary closures of the south sidewalk of West 6th

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- Street as well as the west sidewalk of North Morton Avenue in the same block. The closures are proposed

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- for periods of approximately 48 hours including overnight hours.

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- to allow for demolition and repair. Pedestrian traffic will be detoured in accordance with the approved

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- maintenance of traffic plan. The date of the closures is as of yet to be determined, but is anticipated

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- to be late October or early November. Again, the sidewalk closure of the south sidewalk of West 6th

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- Street will

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- be detoured to the north sidewalk of West 6th Street and the sidewalk closure of the east sidewalk of

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- North Morton will be detoured to the west sidewalk which is the beeline trail. The petitioner shall

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- install and maintain all required signage, barricades, and traffic control devices, maintain access

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- to adjacent properties, and limit the closure to the minimum area and duration necessary to complete the work.

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- Seeing none is their public comment on this item None on zoom, okay, I will call the roll Roach.

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- Oh I'm sorry. Is there a motion first? Oh

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- Yeah, I'll make a motion. I move that we approve the right-of-way closure request for August

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- MAC environmental on North Morton between 6th Street and West Kirkwood and West 6th Street between North

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- Morton and North College Avenue. Second. Now, with a motion and a second, I will call the roll. I apologize.

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- Roach? Aye. Cox-Dekard? Aye. Caron, aye. Motion passes.

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- On staff reports, we have a settlement agreement for Beacon Builders, Kinzer Ridge Engineering Notice

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- of Violation. I know there was a brief report at the work session yesterday, but is there anything you'd

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- like to include today? If I can pull it up, yes. So just noting, sorry, Kyle Ball, Engineering,

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- once again, just noting that this settlement is a little over a year in the making, so we're happy to

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- get this done with.

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- We have agreed in principle between both legal teams to settle on an amount of $21,250 to settle the

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- two NOVs surrounding the Kinzer Ridge development on Prow, Acuff area north of the Bloomington North

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- High School. And we're in the middle of executing that agreement at this point in time. So I just want

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- to make note of it. Great, thank you. Thank you. Next on the agenda is the approval of claims.

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- in the amount of $1,220,488.95. Does the board have any questions tonight on claims? Is there any public

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- comment on claims? None on Zoom. Is there a motion? I move that we approve the claims for this evening

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- in the amount of $1,220,488.95. Second. I will call the roll. Roach? Aye.

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- Cox Deckard? Aye. Caron? Aye. Motion passes. And with nothing else on the agenda, I will call for adjournment.
