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PUBLIC AGENDA SESSION
<br />APRIL S, 2010 95
<br />the parties that have not been resolved, will still be an issue. Mr. Gilot stated under Statute the
<br />Board has the authority to demolish the structure, but given the testimony he has heard and after
<br />giving the issue much thought, he would make a motion to deny the encroachment to persist and
<br />remain in the right-of--way and travel-way of the alley. Mr. Littrell seconded the motion but
<br />added he would allow the petitioner to come back to the Board with an alternative plan to allow
<br />the encroachment to exist. He added that improvements need to be made, the alley is not
<br />sufficient to gain access to the property. Ms. Ann Puzzello, Common Council, stated the Area
<br />Plan commission addressed a variance request by the property owner's of this property last night
<br />and denied the request. Mr. Gilot asked Chief Al Kirsits, Fire Department, if he had any more
<br />comments on the subject. Chief Kirsits stated "you've seen the alley and you've made the correct
<br />decision." Mr. Gilot added the Board's authority is not over some of the other issues that were
<br />presented in the previous meeting. Mr. Gregg Zientara, Controller, asked if the zoning still exists
<br />as before, can the property become the multiplex apartment as originally requested. Mr. Mark
<br />Lyons, Building Department, stated the variances were denied. Mr. Dwayne Neureburg, property
<br />owner, stated he is the most affected because the encroachment is on his property. He stated he
<br />had an informal meeting with the building inspector at the property and he gave the impression
<br />that until the encroachment issue is resolved, there won't be anymore building permits issued.
<br />Board Attorney, Cheryl Greene, stated what has been approved is in the Board's authority to
<br />deny the petition but they still have the authority to order the structure demolished, then the
<br />encroachment would go away. She added that would be a separate action. Mr. Lyons confirmed
<br />that the Building Department can't issue any permits until the encroachment is resolved. Mr.
<br />Gilot stated the Board has a motion and a second, motion is carried. He stated it is now in the
<br />property owner's court to come back with an alternative plan. Attorney Greene added they will
<br />still have to deal with the encroachment. Mr. Gilot added they need to work something out with
<br />their neighbors to show they support any technical plan and work through the City Engineer an
<br />the encroachment issue, and Building Department, Area Flan, and the Zoning Board on the other
<br />issues; the Board's scope is the right-of-way issue.
<br />- Opening of Quotations -Coveleski Stadium
<br />Mr. Rob Nichols, Engineering, informed the Board that after talking to the Controller and
<br />the Mayor, permission was given to allow to solicit quotes on these four projects for the
<br />Coveleski Stadium including Restroom Improvements, Gutter Improvements, Dugout
<br />Heater Improvements, and Sewage Ejector Improvements, He noted the improvements
<br />are needed and there is an issue of time. Mr. Nichols stated he was allowed to follow
<br />State law guidelines that allow the quote process for projects up to $150,000.00. He noted
<br />local policy requires bidding on any projects over $75,000.00. Mr. Nichols stated the
<br />projected costs on all of these projects except the restroom remodel are under $75,000.
<br />Board Attorney, Cheryl Greene, stated there should be something in writing authorizing
<br />these projects to be quoted instead of bid, for the legal record.
<br />- Award Bid - 2010 Street Materials
<br />Mr. Rob Nichols, Engineering, stated an Addendum was sent out to all plan holders with
<br />a new Bid/Proposal Sheet that included five additional materials to bid on. Twa of the
<br />bidders, Klink Trucking and Bit Mat Products of Indiana, used the original bid sheet
<br />because they were not bidding on the additional materials. The other two used the new
<br />bid sheet included with the Addendum. He noted his bid tabulation has the award
<br />numbering correct. Mr. Gilot questioned the dollar amounts of the totals of the materials;
<br />he stated he didn't think that much funding was appropriated. Mr. Nichols stated when
<br />the bids went out, the quantities were not tweaked from the previous year's bid, but the
<br />bid is being awarded in unit prices, not total dollars. He noted the City will not use the
<br />quantities of the bid sheet.
<br />- Professional Services Agreement -Carl Walker, Inc.
<br />Board Attorney, Cheryl Greene, noted this agreement is using an AIA Contract. The City
<br />is trying to get away from these contracts due to previous complications. Mr. Littrell
<br />stated there is a Proposal attached also that could be used, it is not necessary to use the
<br />AIA Contract also.
<br />- Safety Report -Engineering
<br />Mr. Toy Villa, Engineering, stated there were no accidents to report for the month of
<br />March, 2010.
<br />The Clerk was instructed to post the agenda and notify the media and other persons who have
<br />requested notice of the meeting agenda. No other business came before the Board. The meeting
<br />adjourned at 12:06 p.m.
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