I call to order the Board of Public Works meeting tonight for Tuesday, October 6th. We are in council
chambers at City Hall at 401 North Morton Street. If you are on the Zoom link at the time for public
comment, you are welcome to either use the raise hand function or the chat. We will start tonight on
our agenda with opening of bids, which occurred at the work session.
Yesterday so we will move along to messages from board members any messages from the board. I Do have
one message in the interest of the meeting length and the fact that many of these items are ones that
we have heard in the past I'd like to make a motion that the board adopt a rule limiting oral public
comment on each agenda item to five minutes per speaker All right with the motion is there a second
I second that motion. All right, I will call the roll. Roach? Aye. Cox-Deckard? Aye. Caron, aye. Motion
passes. So public comment tonight will be limited to five minutes per individual. All right, first we
have an appeal for Wells and Wells of the engineering notice of violation issued November 24th, 2025,
the second hearing.
The appeals process will now be that the appellant will go first and then the city of Bloomington will
make their statements. So if someone is here to speak on behalf of Wells and Wells, you may step up
to the podium and state your name. Thank you, Miranda. Jesse Graber with Wells and Wells Construction.
Sorry, I just want to make sure that the captioning is picking up everything is. There we go, thank
you perfect. Absolutely again recording in progress. Here with the same petition and request
and understanding as the last time we all met. I think the.
You know, there's no reason to rehash what happened at the time. There is a substantial punitive fine
for opening the streets a couple days after our permit had expired. We discussed in quite detail last
time the reasons why our owners have requested
Which was at least an initially favorably received by transportation that we. donate or pay in kind
to the amount of the proposed fine.
to a capital improvement project on Washington Street that's much needed given the amount of current
student traffic and the proposed student traffic with a 600 car parking garage at the end of Washington.
The east side of Washington was fully redeveloped under the construction plans with new sidewalks,
new curb, new ADA ramps. The west side of Washington is in its original current state
There are no curbs. There are no sidewalks for the students. There is considerable amount of erosion
and runoff every time it rains down Washington Street and ruts out the property. We do acknowledge that
there is some construction damage that has been done to the west side of Washington that will need to be
addressed but in no way shape or form to the degree that would be required to support the amount of
students and traffic that is that Washington Street is going to receive. We had met transportation on
site a few months ago thought we at least had a.
plan to move ahead with a proposed capital improvement project, but was asked to come back here for
a second hearing. So no nothing new, same position as before. So happy to help the community and the
city with a project there that helps everyone. And I think one of the property owners from Washington's
here who had reached out to me, I just mentioned to her that there was a hearing tonight as well. So
thank you.
Hi, good evening, Alex Pratt with City Legal. I will just recap for the board real quick what this appeal
is about. So the appellant, Wells and Wells Construction, was issued a notice of violation that occurred
on September 20th, 2025. And basically the appellant was granted approval via permit for road closures
both North Lincoln Street from July 2nd to July 23rd, 2025, and again at North Washington Street from
July 23rd to August 13th of 2025. Appellant requested extension for the closure dates for these both
locations and was given a deadline until September 19th of 2025 for completion.
The parent was not able to complete the project in a satisfactory condition and was assessed a fine
of 27,000 in accordance with Bloomington Municipal Code. And we asked the board to uphold the notice
of violation and deny the appeal. And we would also request that the board just refrain from
adjudicating how the funds will be spent because under the code, their authority is to render a decision
and uphold or reduce or eliminate the fine. Yes, thanks. Just a general clarification, and I think you
I'm sorry, I forget your name. I think you said it right there at the end. Tonight's request and the
charge of the board is to determine whether a fine or excuse me, excuse me, a violation happened and
whether the city should uphold the fining structure that exists in city code.
not to make any kind of determination about any negotiation that may or may not have happened or negotiations
that fell apart or how those fine dollars should be spent. Is that correct? Yes, that is correct. Just
a little clarification that you are able to reduce the fine if you see extenuating circumstances in
this appeal. Thank you.
Hello, my name is Mitzi Lewis, I live at 110 East 19th Street I am here regarding the poor and unsafe
condition of North Washington Street between 19th South to the new parking garage and
I own two student rental properties on North Washington directly across from Hub 2. And we've rented
those properties 135 years, 120 years, at least. And I would just want to say the relocating and new
level of North Washington Street has left the west side of the street with wide gaps of dirt, unsightly
and unfinished sections.
My own asphalt parking area in front of 1321 destroyed The asphalt was replaced with compacted fill
which is treacherous as my tenants Step out from their cars onto these loose stone pebbles on a slope
now there's a slope because Washington's lower than it was before and
But maybe worst of all is there is now a significant drop off from the edge of the pavement along the
west edge of the street. Because the street was also moved to the east a bit. So I call this drop off
a gully because after every hard rain or two, the rock which gets repeatedly replaced to fill this gap
washes out and we're quickly back to this significant drop off.
I believe this gullies a liability for the city and will become a bigger problem when the traffic and
significantly increases once Hub two is completed in the parking garages in full use I Did send pictures
today of North Washington Street to your public works email I don't know if you had a chance to look
at those and I just would encourage this may not be your you know a wheelhouse but
Or your decision, but I just encourage you maybe to visit the area and take a look in person what I'm
trying to describe and with the pictures. This section of North Washington Street badly needs curb slash
gutter. Install to eliminate the goalie and the side and they need sidewalk replacement and much more I just.
guess I'd like to know maybe you're not again not the party to ask but does the city have a plan and
money to do these much needed upgrades and so I just like to say I vote in favor of the appeal not to
find them but rather let them use their resources toward this capital improvement project that needs
to be done. Seems like that would be a better use of resources. Thank you.
Any final questions from the board Excuse me, I guess this is for city staff probably Andrew Are there
any short or long-term plans for any public improvements in this general area? Good evening, Andrew
seabor city engineer
The city of Bloomington does not have a city-funded capital project programmed on North Washington at
this time. We are aware that the condition of some of the work in the area still needs to be remedied,
and that's been coordinated and in process with the developer, but there are no city capital projects
currently planned. What I'm hearing you say is that
problems created as a direct result of construction will be remedied. That's what I would expect, not
knowing the details, but any damages caused should be brought back to equal or better condition. But
not necessarily other capital plans. Correct. Okay, thank you.
engineering program manager. Just to state that those conditions are very common around any work area
and the expectation if there's no planned improvements for that section would be for restoration to
at least the standard that they were currently existing in prior to the start of the project. And before
the start of the project was that area of North Washington
on any kind of future list for improvements? Not that I'm aware of. Okay, thank you. All right, is there
any other public comment, Miranda? None on Zoom. Okay, thank you. Is there a motion? I move that we
uphold the engineering notice of violation issued to Wells and Wells on November 24th, 2025.
Second. With a motion and a second, I will call the roll. Roach? Aye. Cox-Dekard? Aye. Caron, aye. Motion
passes. Next, we have the CGR appeal of engineering notice of violation, issue June 10th, 2026, second hearing.
There's a representative from CGR to speak on behalf of this appeal. You may step up to the microphone.
If you would state your name, please, and then you'll have five minutes. Thank you. Yes. My name is
Carvin Thomas. I am the managing partner of CGR services LLC Bloomington, Indiana.
And when I left here the last time, I wasn't for sure what the reason was for the table. Adam suggested
we table this motion into this meeting. I'm not sure what he was seeking to find. But I will just go
back and reiterate what I said before, that this project that we started begun under RAD 2. It was a RAD 2.
project up at Crestmont. Actually, Rad 1, we were involved in down at Stonewood on the south side of
Bloomington. Not, I'm sorry, Walnut Woods south side of Bloomington. And continued up at Reverend Butler,
Rad 1. Rad 2 began on Crestmont, and that's where we started this project. After Rad 2, we were contracted,
we were contracted to do some sidewalk repairs.
in addition to the continuation of the RAD2 project. During the... when we signed the initial contract
for the concrete sidewalk repair, there was nowhere in the contract that had stated we needed a right-of-way.
We just can... we, CGR, just assumed we were continuing to work under the RAD2 project, which didn't
require right-of-ways to finish the project.
So we were approached after we were shut down. Rhonda from the city of Bloomington shut us down for
like a month and a half. We weren't allowed to continue our repairs, so we come back shortly in January
and continued our repair when we were approached by the city to have right-of-way permits, which we
thought was unfair to CGR, because we would have put that in the cost of the contract.
for right-of-way permits. So we were under the assumption we would continue to operate under the RAT2
agreement, which was what we were doing was to fence off all of our repairs, and mind you, like I repeated
last time, like I said the last time, we were talking probably 10 feet, sometimes five feet of concrete,
sometimes 10 feet of concrete, and there were probably
you know, 10 to 15 spots all over Crestmont that we had repaired. And like I said last time, we had
came together under the Rad2 agreement and agreed that the best way to partition off these sidewalks
for safety was to put up the orange fencing, which is what we continued to do under this project. Then
we were approached,
about the right-of-way, which for our position, again, had we known from the beginning, we would have
factored in those costs. So for that to happen to us midstream, we kind of felt like that was a little
unfair to us. But as Secretary Roach had discussed last time, it was all about the city,
and putting up the signs for street closures, which, at that time, I thought was not as effective as
the orange fencing. I get what you said about the safety, and I just wanted to reiterate that.
We know up at Crestmont, there's tons of kids, there's tons of folks. It was around starting back to
school, and we knew there would be a lot of folks getting on buses, so we put up the orange fencing,
which we thought was the best way to proceed with that. And just a further one last point I'd like to
make, that when we received our final payment for this project, it came out of the RAD2 funds for our
final payment.
So just to try to boast our point that we thought we were continuing this project under the Rad2 agreement,
which called for no right-of-way offsets or permits. Again, I'm not sure why Adam tabled that. I never
did get an excuse on why this was tabled. I don't know what he was looking at. If there was additional
information, I'm not sure what that was. All right.
You have someone from the city, please. Alex Pratt with CityLego again. So a brief recap of this appeal,
the appellant's CGR services, LLC, was issued a notice of violation that occurred from April 7th.
2026 to April 24th of 2026 Appellant applied for right-of-way permits with the city and After that staff
repeatedly requested additional information in order to issue the permit The appellant failed continuously
failed to provide that information and was on
April 24, 2026 there was issued a fine of $3,000 for working in the right of way without a permit. The
parent was eventually issued a retroactive permit. And so we asked the board to uphold the notice of
violation and the fine and deny the appeal. Thank you. Questions from the board?
Alex, don't go away too fast. Just to, like I did last time, I just want to reiterate my understanding
of our charge tonight. Our charge is to determine whether a violation took place, and whether that's
the fine assessed by the city is in line with city code, but we do have the ability to adjust that fine
as necessary.
Charge is to not adjudicate contract disputes That is correct. Okay. Thank you All right seeing no other
board questions is there public comment on this item I
None on Zoom. Thank you. Is there a motion? I move that we uphold the engineering notice of violation
to CGR issue June 10th of 2026. Second. I will call the roll. Roach? Aye. Cox-Deckard? Aye. Crohn? Aye.
Motion passes.
Next on tonight's agenda is petitions and remonstrances. This is a time for public to comment on any
item that is not on tonight's agenda. Again, if you are on Zoom, feel free to use the raise hand function
or chat. None on Zoom. All right, so we will move along to the consent agenda. Tonight is a noise permit
request for 50 year celebration at Rinseable Spoon.
Contract renewal with Ivy Tech for CDL training. Engineering service agreement with Rundle Ernstberger
Associates Inc. Preliminary engineering contract amendment two with Crossroad Engineers PC for Hopewell
South and payroll. Are there any items that need to be removed from the consent agenda tonight? Any
board questions on the consent agenda? Is there any public comment on the consent agenda?
None on zoom. All right. Is there a motion? I Move that we approve the consent agenda for October 6th
of 2026 second I will call the roll Roach. I Cox Decker. I Caron I motion passes Next we'll move along
to new business. We have a right-of-way closure request from Duke energy on Grimes Lane and
Good evening, Kyle Ball from Engineering again. Duke Energy had submitted this request for a right-of-way
closure along Grimes Lane just west of the South Walnut intersection to relocate some power that's currently
running to that signal ahead of some intersection improvements that are becoming, I believe in 2027.
The proposed closure includes or closures rather include the southern sidewalk and the southern eastbound
traffic lane. So this would actually be in between the B line trail overhead crossing and the intersection
itself roughly. Flaggers would be utilized for the lane closure and there would be a hard closure point
for the pedestrian traffic that would have folks
move around that closure to the north side along South Walnut Street and then we would actually get
to utilize our new mid-block crossing on that section of street just about 50 feet to the west of this
work area. So they're planning to perform this work between November 2nd and December 18th of this year
and plan for three to five days for the work to be completed.
Seeing none, is there any public comment on this item? None on Zoom. All right, is there a motion? I
move that we approve the right-of-way closure request from Duke Energy on Grimes Lane. Second. I will
call the roll. Roach? Aye. Cox-Deckard? Aye. Caron? Aye. Motion passes.
Next is a right of way closure request for August Mac environmental on North Morton between West 6th
Street and West Kirkwood and West 6th Street between North Morton and North College Avenue. Hello Rebecca
Davis from engineering department August Mac environmental is requesting approval of a temporary right
of way closure at the
on the 200 block of West 6th Street to accommodate removing environmental monitoring wells as well as
the repair of the sidewalks. The request includes temporary closures of the south sidewalk of West 6th
Street as well as the west sidewalk of North Morton Avenue in the same block. The closures are proposed
for periods of approximately 48 hours including overnight hours.
to allow for demolition and repair. Pedestrian traffic will be detoured in accordance with the approved
maintenance of traffic plan. The date of the closures is as of yet to be determined, but is anticipated
to be late October or early November. Again, the sidewalk closure of the south sidewalk of West 6th
Street will
be detoured to the north sidewalk of West 6th Street and the sidewalk closure of the east sidewalk of
North Morton will be detoured to the west sidewalk which is the beeline trail. The petitioner shall
install and maintain all required signage, barricades, and traffic control devices, maintain access
to adjacent properties, and limit the closure to the minimum area and duration necessary to complete the work.
Seeing none is their public comment on this item None on zoom, okay, I will call the roll Roach.
Oh I'm sorry. Is there a motion first? Oh
Yeah, I'll make a motion. I move that we approve the right-of-way closure request for August
MAC environmental on North Morton between 6th Street and West Kirkwood and West 6th Street between North
Morton and North College Avenue. Second. Now, with a motion and a second, I will call the roll. I apologize.
Roach? Aye. Cox-Dekard? Aye. Caron, aye. Motion passes.
On staff reports, we have a settlement agreement for Beacon Builders, Kinzer Ridge Engineering Notice
of Violation. I know there was a brief report at the work session yesterday, but is there anything you'd
like to include today? If I can pull it up, yes. So just noting, sorry, Kyle Ball, Engineering,
once again, just noting that this settlement is a little over a year in the making, so we're happy to
get this done with.
We have agreed in principle between both legal teams to settle on an amount of $21,250 to settle the
two NOVs surrounding the Kinzer Ridge development on Prow, Acuff area north of the Bloomington North
High School. And we're in the middle of executing that agreement at this point in time. So I just want
to make note of it. Great, thank you. Thank you. Next on the agenda is the approval of claims.
in the amount of $1,220,488.95. Does the board have any questions tonight on claims? Is there any public
comment on claims? None on Zoom. Is there a motion? I move that we approve the claims for this evening
in the amount of $1,220,488.95. Second. I will call the roll. Roach? Aye.
Cox Deckard? Aye. Caron? Aye. Motion passes. And with nothing else on the agenda, I will call for adjournment.