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Common Council Regular Session

Regular Meeting

Bloomington, IN · April 3, 2024

AgendaPacketMinutes

Minutes

In the Council Chambers of the Showers City Hall, Bloomington, COMMON COUNCIL Indiana on Wednesday, April 03, 2024 at 6:30pm, Council President REGULAR SESSION Isabel Piedmont-Smith presided over a Regular Session of the April 03, 2024 Common Council. Councilmembers present: Isak Nti Asare, Courtney Daily, Matt ROLL CALL [6:31pm] Flaherty, Isabel Piedmont-Smith, Dave Rollo, Kate Rosenbarger, Andy Ruff, Hopi Stosberg, Sydney Zulich Councilmembers present via Zoom: none Councilmembers absent: none Council President Isabel Piedmont-Smith gave a land and labor AGENDA SUMMATION acknowledgment and summarized the agenda. [6:31pm] Zulich moved and Stosberg seconded to amend the normal order of business by taking up legislation for first readings before legislation Vote to amend agenda [6:35pm] for second readings. The motion was approved by voice vote. Stosberg moved and Ruff seconded to suspend the rules to consider APPROVAL OF MINUTES the minutes for approval. The motion was approved by a voice vote. [6:35pm] Stosberg moved and Ruff seconded to approve the minutes of February 19, 2003 (Regular February 19, 2003, March 05, 2003, March 26, 2003, and April 16, Session) 2003. The motion was approved by a voice vote. March 05, 2003 (Regular Session) March 26, 2003 (Regular Session) April 16, 2003 (Regular Session) Zulich referenced comments from a previous meeting that equated REPORTS being Jewish with being Israeli, and other anti-Semitic comments.  COUNCIL MEMBERS There were many varying opinions amongst members of the Jewish [6:36pm] community including a call for a cease fire. She urged everyone to use caution when commenting. Daily mentioned her upcoming constituent meeting. Rosenbarger read an excerpt from the National Education Policy Center pertaining to land use and housing reform to address school segregation and provide educational opportunities. Asare reported on his joint constituent meeting with Monroe County Councilor Jennifer Crossley. The discussion included potential collaboration between the city and county by increasing direct funding to social service agencies, and reassessing the budgeting process. Stosberg expressed disappointment at the lack of decorum during public comment at the previous meeting. People had strong feelings about the conflict in the middle east. She urged the public to be respectful of all public commenters even if one disagreed. Piedmont-Smith reported on a neighborhood association meeting in Broadview where there were many concerns about encampments by unhoused people on private property near Switchyard Park. She noted problems that had escalated and residents were getting afraid of things like violent arguments, aggressive dogs, and more. There were no reports from the mayor or city offices.  The MAYOR AND CITY OFFICES [6:47pm] p. 2 Meeting Date: 04-03-24 There were no reports from council committees.  COUNCIL COMMITTEES [6:47pm] A member of the public (declined to state name) expressed gratitude  PUBLIC [6:50pm] that the mayor vetoed the Gaza ceasefire resolution and played audio from John Wayne. Luke Summers spoke about the rules during council meetings. It was morally correct to refuse to listen to racist comments. Jim Atkinson discussed free speech, and the rise in violence against white people. He believed there was a genocide against his people. He said diversity meant fewer white people, inclusion meant excluding white people, and equity meant stealing from white people. Christopher Emge, Greater Bloomington Chamber of Commerce, spoke about their recent events involving the mayor and some councilmembers. He noted upcoming events, and the Convention Center expansion. Jamie Sholl expressed appreciation for the discussion the previous week despite differing opinions. She hoped the city would evaluate the greenways especially the one that would go by her home. Jim Connelly asked council to proclaim June 08 as a day to honor the USS Liberty which was attacked by Israeli forces and killed thirty four service people and wounded one hundred and seventy four. He said that Diversity, Equity, and Inclusion (DEI) stood for “Didn’t Earn It” and disenfranchised white people. Chris Moore said that DEI was not intended to make people feel guilty. It was important to discuss the true parts of history and DEI facilitated that. Ethan [unknown] said that the current president had said that whites would be a minority in the United States (US). He said that whites were the global minority and there were Nongovernmental Organizations that were promoting mass immigration to the US. The speaker espoused hateful speech at the end of his time. Piedmont-Smith moved and Ruff seconded to make the following APPOINTMENTS TO BOARDS Board and Commission appointments: AND COMMISSIONS [7:19pm] - For the Bicycle and Pedestrian Safety Commission - to appoint Drew Yeager to seat C-3. - For the Environmental Commission - to appoint Gabby Robles to seat C-1, Adam Martinez to seat C-5, and Nadia Cain to seat C-6. - For the Dr. MLK Birthday Celebration Commission - to appoint Aniah Fountain to seat C-1. - For the Traffic Commission - to reappoint Sarah Ryterband to seat C- 3, reappoint Ryne Shadday to seat C-6. - For the Commission on the Status of Women - to appoint Shayla George to seat C-2. The motion was approved by voice vote. LEGISLATION FOR FIRST READING [7:21pm] Meeting Date: 04-03-24 p. 3 Stosberg moved and Zulich seconded that Ordinance 2024-03 be Ordinance 2024-03 – To Amend introduced and read by title and synopsis only. The motion was Title 20 (Unified Development approved by a voice vote. Clerk Nicole Bolden read the legislation by Ordinance) of the Bloomington title and synopsis. Municipal Code – Re: Technical Corrections Set Forth in BMC 20 [7:21pm] Stosberg moved and Ruff seconded that Ordinance 2024-04 be Ordinance 2024-04 – To Amend introduced and read by title and synopsis only. The motion was Title 20 (Unified Development approved by a voice vote. Bolden read the legislation by title and Ordinance) of the Bloomington synopsis. Municipal Code – Re: Amendments and Updates Set Forth in BMC 20 Table of Contents and 20.04 [7:22pm] Stosberg moved and Ruff seconded that Ordinance 2024-05 be Ordinance 2024-05 – To Amend introduced and read by title and synopsis only. The motion was Title 20 (Unified Development approved by a voice vote. Bolden read the legislation by title and Ordinance) of the Bloomington synopsis. Municipal Code – Re: Amendments and Updates Set Forth in BMC 20.02; 20.03; 20.05; 20.07 [7:22pm] Stosberg moved and Ruff seconded that Ordinance 2024-06 be Ordinance 2024-06 – To Amend introduced and read by title and synopsis only. The motion was Title 20 (Unified Development approved by a voice vote. Bolden read the legislation by title and Ordinance) of the Bloomington synopsis. Municipal Code – Re: Amendments and Updates Set Forth in BMC 20.06 [7:23pm] LEGISLATION FOR SECOND READING AND RESOLUTIONS [7:24pm] Stosberg moved and Ruff seconded that Resolution 2024-07 be Resolution 2024-07 – introduced and read by title and synopsis only. The motion was Establishing the Goal of approved by a voice vote. Bolden read the legislation by title and Reducing Traffic Deaths and synopsis. Serious Injuries on the City’s Roadways to Zero in the City by Stosberg moved and Ruff seconded to adopt Resolution 2024-07. the Year 2039 [7:24pm] Ryan Robling, Planning Services Manager, Planning and Transportation department, presented the legislation. The goal was to have zero traffic deaths and serious injuries and to implement the Safe Streets and Road for All (SS4A) safety action plan. Dean Chamberlain, Toole Design Group, said the US Department of Transportation (USDOT) funded a bipartisan infrastructure law to support the National Roadway Safety Strategy with the goal of zero roadway deaths. There was $5 billion available from 2022-2026 for planning and demonstration grants, and implementation grants. He described the components of the plan, the project overview, the safe system approach, and the safety analysis preliminary findings. He summarized crashes by year from 2018-2022 by mode and severity. He gave comparative information from similar communities. Asare asked about the timeline, and easy projects with a big impact. Council questions: Chamberlain said that the easier projects, like signage and striping, would be done first. p. 4 Meeting Date: 04-03-24 Flaherty discussed easy-build projects, like recent improvements on Resolution 2024-07 (cont’d) 3rd Street between Eagleson and Indiana avenues, but noted that they had taken a long time, despite addressing safety concerns. He asked if Council questions: there was a way to rapidly implement some of the easier projects. Robling said yes; via the action plan’s goals. Rollo asked to what extent collected data would be detailed. Chamberlain said the level of detail was limited to information the state provided on crashes. Rollo asked if staff only used state data. Robling clarified that the state was the clearinghouse, and included local information. Stosberg asked how the SS4A would fit with other city plans like the Transportation Plan. Chamberlain said they would be incorporated and work together. Rosenbarger said that fifteen years was a long time to address public safety issues on city streets. She asked if funding was the largest barrier. She asked if Toole Design could assist with grant writing. Chamberlain confirmed funding was a constraint. There were grants that could be pursued to help with funding. Toole Design could help with grant writing. Piedmont-Smith asked about equity considerations. Chamberlain said it was important to identify where people of disadvantaged communities were, and learn from their lived experiences. Piedmont-Smith asked how those communities were identified. Chamberlain responded that census data was analyzed and other factors, like underrepresentation at meetings, were considered. Asare noted the lengthy time it took to do projects and asked how the process could be meaningfully moved forward. Chamberlain said that there would be regular updates to ensure progress with the projects. Asare asked for clarification on the projects that would be done. Robling stated it was important for council and the administration to hold themselves accountable for implementing safety projects in the current and proposed plans. Stosberg noted the SS4A map and areas that had no comments, either positive or negative, and encouraged more input from the public. She asked staff and Toole Design to consider seeking input from the areas where there were no comments on the map. Chamberlain explained how public input was sought, and how areas lacking information would be captured in the data; whether there were no problems or many. He urged council to get the word out about the map. Stosberg appreciated that they were going out into the community and said it would be useful to have a computer for residents to provide information in the moment. Flaherty asked about translating plans into actions. He noted that city plans did not necessarily include funding priorities. He asked what the action plan needed in order to fully implement projects. Chamberlain clarified that the plan would identify different types of counter-measures and their ability to be quickly implemented. The next step was to address high injury areas via larger projects. The plan would inform the next steps, too. Meeting Date: 04-03-24 p. 5 Rosenbarger asked if council would be presented with cost estimates Resolution 2024-07 (cont’d) and crash modification factors and their impacts. She gave examples. She asked if other cities had similar plans and if it was useful for Council questions: council to budget funding for implementation of a plan. Chamberlain said it varied greatly amongst municipalities. Asare spoke about current city plans and asked how notions within the community, like bicycle safety mattering more than pedestrian safety, could be resolved. He asked why not address safety across the city all at once, immediately. Chamberlain explained that the set budget was up to council and staff. It was important to develop clear communication materials on why certain projects were done. Robling clarified that the plan included all roadway users. Asare said that painted crosswalks were basic city services. Chamberlain said that the plan would review things like if the city was painting crosswalks citywide. There would be policy recommendations to come out of the plan. Greg Alexander spoke about city plans, and prioritizing pedestrians Public comment: over drivers. He discussed the incident where a drunk driver killed a young man on a scooter on N. Walnut. He noted his comment was primarily for Rollo and Ruff. YY Ahn supported the legislation and referenced Helsinki and other cities within the United States, with hundreds of thousands of people and zero fatalities. He spoke about low cost, effective measures. Katie Yoder expressed enthusiasm for the plan and spoke about her cousin who passed away from being hit by a distracted driver. She noted the important of stopping for school buses with the stop sign out, greenways, and more. Dave Askins, B Square Bulletin, said the slide deck presented that evening was on the city website. He appreciated Robling and others for putting the useful website together. Jeff Richardson spoke about having been hit by a car many years ago and the lasting impacts. He supported traffic-calming efforts. He hoped someone was tracking data on the efforts to reduce accidents. Christopher Emge discussed fatalities on S. Walnut Street Pike due to a lack of sidewalks. Adam Martinez commented on the benefits of having safer streets including health benefits from biking and walking, and more. Anna Soka supported making streets safer for all. As a bike rider, she hoped that maintenance of bike paths was included in the plan. Stosberg said no road users were perfect and measures were put in Council comments: place to facilitate safety like seat belts, bicycle helmets, and safe driving speeds. She referenced the list of unsafe roads and noted that many of those roads were state owned. It was important to collaborate with the county and state to ensure road safety. Rollo looked forward to the forthcoming data. It was important to report crashes to inform data. He was interested in seeing what peer cities were doing. He spoke about the importance of the public’s participation and stated that members of the public had been berated by a current commissioner. p. 6 Meeting Date: 04-03-24 Asare agreed with Rollo and said it was important for councilmembers Resolution 2024-07 (cont’d) to disagree because it made ideas better. Departments that worked with streets were severely underfunded. He expressed frustration that Council comments: city goals were set after the budget process. The city should be more walkable and safe. Council needed to fully fund large projects in order to truly make the city safer. Rosenbarger spoke about traffic-calming efforts on 3rd Street and Indiana University’s opposition to it. She noted the misplaced solution of disallowing scooter-riding at night after a drunk driver killed a young man. She expressed concern with the city having allocated $30 million for a parking garage on 4th Street and $20 million for the Building Trades District parking garage. The city’s Comprehensive Plan called for prioritizing alternative modes of transportation. She believed it was possible to budget towards the Comprehensive Plan’s goals and hoped councilmembers were in agreement. Flaherty appreciated staff’s work, outreach, and public engagement. It was important to get the public’s feedback and was foundational to inform policy. Zero deaths on city streets was achievable. In Europe, pedestrian death numbers were halved in the previous thirty years and the US’s numbers had remained stagnant and in some places had risen. Funding and political will was necessary to effect change. He noted successes like the No Turn on Red legislation that passed and was led by Rosenbarger, after a pedestrian was struck and killed in the downtown. He referenced the Accessible Transportation and Mobility Principles led by former councilmember Steve Volan and the Council for Community Accessibility as well as legislation he led on leading- pedestrian intervals in most signalized intersections, by default. He spoke about bicycle and pedestrian connectivity and the lack of full funding for the Sidewalk Committee. At least $2 million per year was needed. There was a need for medium term transitional infrastructure, and transparent capital planning information. He had worked with the previous administration to obtain that information, but it was not immediately available. Council could codify implementation timelines for projects and require the administration to maintain and report annually on a rolling capital plan. Ruff spoke about the community’s efforts, years ago, opposing new- terrain I-69 and its exorbitant cost. It was one of the less traveled interstates. He also spoke about the Hawthorne/Weatherstone greenway which had a design cost of about $800,000. He questioned if that helped the city given that funding was always needed. He said that political will was based on political credibility. He believed the city was spending funds on questionable projects. Daily supported increasing alternative modes of transportation, and safety. There were changes to city streets in order to increase safety; it was important for the public to understand the reasoning. She said it would be helpful to educate drivers, bicyclists, and more on road uses. Piedmont-Smith appreciated the equity considerations as part of the transportation planning process. She spoke about the subjugation of the Black community over centuries. The Black community in the city did not have an equitable share of the city’s resources. She also recognized that city land, and more, was taken by white settlers from indigenous peoples. It was important to not ignore that history and to try to remediate it. She believed equity and inclusion goals in the city were extremely important and attainable. Transportation planning was an area where the goals could be taken into account. There were some public comments that led her to believe the commenter had no Meeting Date: 04-03-24 p. 7 sense of justice, history, or humane context. It was important to Resolution 2024-07 (cont’d) recognize the difficult and racist history and try to do better. Council comments: The motion to adopt Resolution 2024-07 received a roll call vote of Vote to adopt Resolution 2024- Ayes: 9, Nays: 0, Abstain: 0. 07 [8:52pm] Zulich moved and Asare seconded to recess for ten (10) minutes. The Recess [8:52pm] motion was approved by a voice vote. Piedmont-Smith announced a 10-minute recess, with the meeting to recommence at 9:02pm. Stosberg moved and Ruff seconded that Resolution 2024-05 be Resolution 2024-05 – A introduced and read by title and synopsis only. The motion was Resolution Authorizing the approved by a voice vote. (Rollo out of the room). Bolden read the 2024 Outdoor Dining Program legislation by title and synopsis. in the Downtown Corridor [9:02pm] Stosberg moved and Ruff seconded to adopt Resolution 2024-05. Chaz Mottinger, Special Projects Manager, Economic and Sustainable Development (ESD), presented the legislation and gave a brief history of the outdoor dining program and parklets. Staff recommended continuing the programs. The improvements to the Clear Creek reconstruction project required closing some of Kirkwood Avenue. There would be temporary parklets during IU’s graduation weekend. Participating businesses were required to pay a $250 fee plus a $50 Engineering fee. A study showed that parking revenues had not been impacted and drivers simply parked in other areas. Rosenbarger asked about the private construction projects. Council questions: De de la Rosa, Assistant Director, Small Business Development, ESD, said there were several including the lot next to the CVS store, and also at the Peoples’ State Bank, on Kirkwood and Washington, Rosenbarger noted the alleys in the construction areas and asked what would have happened if the street closures were permanent. De la Rosa explained that for the purposes of the legislation, the decision had been made to not close the street since it was not permanent. The goal was to be equitable to all the businesses and the topic was discussed among multiple departments. Rollo asked if there were restaurants that felt disadvantaged. De la Rosa said no, and that most were in support of the program. Staff worked hard to ensure fairness with the program. Zulich asked if the street closure could have happened if more streets from Indiana to Walnut were two-way and not one-way. Mottinger said that ESD staff were not the experts to answer that. Daily asked what the radius was for the parklet program. Mottinger said it included the square, restaurants on Kirkwood Avenue, and Indiana Avenue. Daily asked how the parklets would be marked. Mottinger said staff was looking at alternatives to the orange jersey barriers and would update council when a decision was made. There was a partnership with local artists to design covers for the barriers. The artists would be paid. Flaherty asked about extensions and if the program would be codified in 2025, to operate the same continuously. Mottinger said yes, and a multiyear closure could be proposed. p. 8 Meeting Date: 04-03-24 Stosberg said the plan converted parallel parking spaces into outdoor Resolution 2024-05 (cont’d) dining, which eliminated some parking. She asked if some spaces could be converted into Americans with Disabilities Act (ADA) spaces. Council questions: Mottinger said yes, and gave the example of Trinity church requesting additional ADA spaces near them. The city was able to add an ADA space nearby. There was a need for additional ADA spaces around town. Staff worked with Michael Shermis in Community and Family Resources department who was knowledgeable with accessibility concerns. Asare thanked staff for their work and asked what the core goal was for closing Kirkwood Avenue given that the program started in response to the COVID-19 pandemic. Mottinger said the program promoted vibrancy and a community- like feeling, as well as encouraged economic development. Jane Kupersmith, Director of ESD, concurred with Mottinger and explained the reasons for the program not being the full year. Asare asked if the program could be expanded to a longer period of time and not be closed in the winter months. Rosenbarger asked for about traffic being redirected onto Kirkwood Avenue and if it was part of the legislation. Mottinger clarified the different areas on Kirkwood Avenue. The closures near Indiana Avenue were not part of the legislation, it was part of the Clear Creek reconstruction project. Rosenbarger asked if it was worrisome to redirect traffic into a pedestrian-heavy area. De la Rosa said the decision had been based on expert advice from Engineering, the project managers of Clear Creek reconstruction project, and Public Works. Mike Klinge, owner of The Orbit Room, urged council to pass the Public comment: legislation and provided reasons. Luke Summers was disappointed that Kirkwood Avenue would not close over the summer. He supported permanent closure. He said COVID-19 was still a serious problem and public health emergency. Collin Nielsen expressed disappointment that the closure would not happen. He supported a more permanent closure and making it plaza- like with beautification. Asare said that he supported a more permanent, and longer duration Council comments: for the street closure. Zulich agreed with the many benefits of having street closures. She noted a comment from de la Rosa from a few weeks ago stating that closing Kirkwood Avenue was the physical embodiment of connecting IU to Bloomington. Many students felt they were residents of IU and not the city. She noted examples and stated that she supported full- year closure. Rosenbarger appreciated being able to do the parklet program and expressed disappointment that Kirkwood would not be closed. She supported permanent closures and its predictability. Flaherty thanked staff for their work. He supported a longer-term, codified closure of streets. He noted that the Transportation Plan called for converting Kirkwood Avenue, between Walnut Street and Indiana Avenue, to a shared street which was curb-less and used different materials than blacktop, and had more trees. He believed that Meeting Date: 04-03-24 p. 9 extending the closure on Kirkwood to the B-Line was ideal. He gave Resolution 2024-05 (cont’d) examples including connecting networks. Council comments: Stosberg spoke about outdoor dining on busy streets like Walnut Street and College Avenue. Kirkwood Avenue could be a pedestrian mall or a shared street. College Avenue and Walnut Street could be made more pedestrian-friendly. The motion to adopt Resolution 2024-05 received a roll call vote of Vote to adopt Resolution 2024- Ayes: 9, Nays: 0, Abstain: 0. 05 [9:45pm] Piedmont-Smith passed the gavel to Ruff. Resolution 2024-08 – A Resolution Calling for a Stosberg moved and Ruff seconded that Resolution 2024-08 be Cessation of Hostilities and for introduced and read by title and synopsis only. The motion was Delivery of Humanitarian Aid to approved by a voice vote. Bolden read the legislation by title and Civilians in Gaza [9:46pm] synopsis. Stosberg moved and Ruff seconded to adopt Resolution 2024-08. Piedmont-Smith presented Resolution 2024-08. She said over one hundred municipalities had passed similar legislation demanding that humanitarian aid reach civilians in Gaza. The focus was on the humanitarian catastrophe and not on the military and political causes of the disaster nor on long term solutions to the conflict between Hamas and the state of Israel. The legislation called for a ceasefire so that humanitarian aid could reach civilians because while there were many humanitarian crises, the one in Gaza was supported by United States (US) taxpayer dollars, used to send weapons to one of the warring parties. There was a petition with hundreds of signatures from community members. She acknowledged there were community members who opposed that council take any action on the topic. She gave reasons in support of council’s choice to consider the legislation. She provided further context for the whereas clauses in the legislation and a brief history of the current military crisis. She summarized the request in the legislation including a cessation of hostilities directed at civilians, a lasting ceasefire, financial support for humanitarian aid, immediate release of hostages, and a sustainable, peaceful solution to the conflict between Palestinians and the state of Israel. Rollo concurred with Piedmont-Smith and noted that councilmembers had many conversations with community members. He thanked them for the input. The legislation was based on verifiable facts through reputable sources. As of March 17, 2024, more than thirteen thousand children had been killed. He described other atrocities civilians in Gaza faced including famine, and amputations done without anesthetic due to a lack of aid. He believed it was crucial to speak out against the humanitarian catastrophe. Mayor Kerry Thomson expressed sadness and anger at the white supremacist and Nazi comments made at the beginning of the meeting. She condemned all hate speech and while she stood for freedom of speech, she urged the public to speak out against hate speech. She was committed to making the city safe for everyone. Stosberg asked the sponsors if they felt they had drafted the best possible legislation without alienating anyone. Piedmont-Smith said yes. p. 10 Meeting Date: 04-03-24 Rollo believed there were community members that were Resolution 2024-08 (cont’d) disappointed. The legislation was an attempt at something that everyone could agree to, especially the protection of children. Council questions: Asare asked about feedback that the sponsors received and the process the legislation undertook. Piedmont-Smith described the process including the original, proposed legislation brought to council for sponsorship. She described some of the items that were omitted from the final draft. Rollo added that it was not possible to send aid without a ceasefire. Ruff asked about the inclusion of a strong statement regarding October 07 and if it was an effort to appease community members who did not want council to take any action. Piedmont-Smith said yes. Asare asked about how much time was spent in outreach efforts. Rollo said dozens of hours and it was constantly on his mind. Piedmont-Smith added that there had been only one constituent in her district engaged on the topic. Stosberg moved and Asare seconded to limit public comment to two minutes per speaker for a total of three hours of public comment. There was brief council discussion on process, structure on debate, and an end time for the meeting. Stosberg withdrew her motion. Stosberg moved and Asare seconded to limit public comment to two Vote to limit public comment minutes per speaker, and to end public comment at 11:40pm. The [10:28pm] motion was approved by a voice vote. David Keppel thanked the sponsors of Resolution 2024-08 for Public comment: diligently working on the legislation and obtaining feedback from the public. He spoke about the crucial need for a ceasefire and in favor of humanitarian aid. He referenced a strike by Israeli military on a food aid convoy run by World Central Kitchen, where three vehicles were struck and seven aid workers were killed. The Prime Minister of Israel apologized for the strike but said things happen in war. Keppel reiterated that was why a ceasefire was necessary. Carl Weinberg commented on dark conspiracy theories against Jews. He spoke against the Islamic resistance movement, Hamas’s charter, and the antisemitism of the Nazi’s. He said that twelve hundred people were killed on October 07 and more than two hundred were taken hostage as an effort to provoke war. He spoke against a ceasefire and the resolution. Bob Arnove, Citizens Concerned for Justice in Palestine and Israel, was a member of the Jewish faith. He seconded Keppel’s comments and thanked the sponsors. The legislation was drafted with diverse input from the public, but was not perfect. It was a reasonable call for a cessation of hostilities, for humanitarian aid, for the release of hostages, and a step towards a solution to the conflict. Ramsey Harik thanked council for considering the resolution. He noted the pressure and bullying towards councilmembers to not consider the legislation. He noted the relevancy of the resolution since taxpayer monies were funding the slaughter. He asked why some opposed a ceasefire. The point of the resolution was to oppose injustice. Meeting Date: 04-03-24 p. 11 Lawrence Levy opposed council taking action on global affairs since its Resolution 2024-08 (cont’d) mandate was to enact legislation that fostered health, safety, welfare, and services. He asked why council did not take action on harm to Public comment: children like with the lead-contaminated water in Flint, MI and Jackson, MS, or Rohingya children who faced disease and malnutrition. He said there was a ceasefire on October 06 which was broken by Hamas, and speaking against Zionists was also against Jews. Jim Conley supported Resolution 2024-08 because of the long history of ethnic cleansing of Palestine, done by the terrorist state of Israel. There were thousands of Palestinian political prisoners held by Israel. He referenced reasons for the October 07 attack on Israel that were shared by a Hamas spokesperson. [Unknown] supported the ceasefire resolution but was extremely alarmed by the anti-Semitic comments. It was dangerous to conflate support for Palestine with anti-Semitism. Having a ceasefire, supporting freedom and equality for Palestinians, and criticizing a government was not anti-Semitic. She spoke against anti-Semitic comments. Amir Rosenfeld was a dual Israeli and American citizen and did not support a ceasefire. He commented on the Jewish people that had been kicked out of Yemen, Afghanistan, Guatemala, Uganda, Poland, Algeria, Cuba, and Egypt. He believed that Israel had a right to defend itself. He said that a child throwing a rock would grow up to launch rockets. He believed Jews were God’s chosen people and had more rights. He said that Israel had the right to exist, and once the campaign against the terrorists in Gaza ended, he would have a beachfront property there. Lori Havener spoke about her experience with the Olive Harvest in the West Bank, Palestine alongside Palestinian farmers. The international presence helped diminish Israeli settler violence, like shooting, harassing, and throwing trash at Palestinian farmers harvesting on their own land. She spoke about a Palestinian farmer who was shot and killed which was not an unusual situation. Settler violence had occurred for decades and had escalated since October 07. Old Palestinian cities, like Hebron, had steel netting to protect people from items thrown by Israeli settlers. She said the violence would not be possible without the unconditional support of the US government and some evangelical churches. She urged council to pass the legislation. Bryce Green, an IU student, presented council with a petition with over two thousand signatures in support of a ceasefire resolution. He spoke about the violence, attacks, destruction and bloodlust against Palestine. He noted that Israelis openly say in telegram channels that they were “exterminating the cockroaches.” Aid work trucks and workers were targeted and with an effort to cause maximum destruction. He said future generations would ask what actions people took to stop the violence. Hana Yuisa Vargas supported Resolution 2024-08 because the conflict was an indigenous issue. Vargas was from Toro, an indigenous island, and opposed settlers and colonizers, and was in solidarity with Palestinians, as indigenous people of their land. The US, and Israeli state, were perpetuating colonialism in Palestine, Puerto Rico, Congo, Haiti, Guatemala, and many more places. Vargas spoke against the violence and called for an immediate and permanent ceasefire. Elliot Josephine Leila Reichert supported the resolution and thanked the sponsors. Reichert was grateful for the debate and for their experience in Palestine. The situation was worse than what was on the p. 12 Meeting Date: 04-03-24 news. The oppression of Palestinians was total, and was supported for Resolution 2024-08 (cont’d) the past seventy five years by billions of US taxpayers’ money. There were thousands of settlers in the West Bank. Reichert was wearing Public comment: their grandfather’s keffiyeh who was stationed in Jordan in the 1960s while in the military. [Unknown] Madhi thanked council for considering the legislation. He compared the Israeli treatment of Palestinians to an abusive husband to his wife. He noted the US’s support of Palestine and urged council to vote in favor of Resolution 2024-08. Molly Cogner said that her grandmother was born in 1942. Israel did not become a state until Cogner’s grandmother was seven years old. It was disgusting to her to continue the violence. People had more access to knowledge of what was occurring in Palestine because of the internet. It was not anti-Semitic to criticize the violence. She said the silencing of opposition to Israel was bad. Maxwell Wolf expressed disdain for council processes and the discussion on the public comment portion of the meeting because it took a long time. It appeared that the legislation would now have to wait until the following meeting. In that time, more people would die in Gaza, and the police in Bloomington would still clear the homeless camps. Money would still be sent to Israel. He said most of the US was oppressed; primarily people of color. He believed council profited from serving on council and were complicit in the oppression. David Thelen spoke about the importance of stopping the violence. Many of the Big Ten larger cities had passed legislation similar to Resolution 2024-08. He urged council to pass the legislation. Nejla Routsong thanked the sponsors. She said the violence was supported by the US government. She believed the resolution did not go far enough but was appreciative of council’s efforts. There was a connection between the resolution and local efforts for social justice. She urged council to pass Resolution 2024-08. Margaret Steiner strongly urged council to pass Resolution 2024-08. The situation in Gaza was dire with over thirty two thousand people killed in Palestine. She agreed that keeping hostages should be condemned. The indiscriminate bombing of homes and infrastructure, and the use of starvation as a weapon, by Israel was atrocious. As a Jew, she believed that all life was sacred and she supported solidarity with all people, especially Palestinians. [Unknown] Hadar asked council what made them believe that they were qualified to make a statement like Resolution 2024-08. She asked if they knew better than federal governments and why not care about human suffering in places like Congo. Rachid Madhi was born in Algeria during wartime. He discussed his activism including being anti-Apartheid, pro-Palestine, and against the Vietnam war. He knew that Resolution 2024-08 would not stop the war but it would establish Bloomington’s stance. Eventually, Israel would be condemned for their actions. He spoke about international law. Amaya Tala Shahrani thanked council for the resolution. It was extremely important that Bloomington affirm that its residents were against using taxpayer dollars to fund the war. Israel was on trial at the Hague for its atrocities. He spoke about the twelve hundred that Meeting Date: 04-03-24 p. 13 were killed in Israel on October 07 but noted that some of them were Resolution 2024-08 (cont’d) killed by Israeli forces. The complete decimation of a society cannot be justified by the actions on October 07. There were Israeli atrocities Public comment: committed against Palestine for a long time. There was an inhumane siege against Palestine through repeated attacks even against children, and even when Palestine chose peaceful resistance in 2018. Allison Strang thanked council for proposing the resolution. She referenced the comment about the beachfront property and noted there was a superiority complex to those who aided and abetted brutality. Israelis and settlers had been given free rein to slaughter. She recognized that she was one voice but she spoke for many who did not have an opportunity to comment to their city council. She encouraged councilmembers to vote in favor of the resolution. Michael Whitman stated that a ceasefire resolution was not enough; a boycott was necessary on those who advocated genocide on the people of Gaza. There were those supporting a ceasefire and ending the spilling of children’s blood, and those who did not. There were Jewish supremacists who were upset at being exposed. Supremacy and violence against others who looked different or had a different faith was wrong. He believed that Zionism was Judaism which was Communism. He spoke against Jews. Aidan Khamis, President of the Palestine Solidarity Committee at IU, said that as a Palestinian it was important to denounce those who hijacked the movement and spewed hatred. Palestinians wanted liberation and an end to the bloodshed. Israel was guided by American imperialism and settler colonialism. Palestine stood for their right to exist, and sovereignty on their own land. Palestinian resistance was justified. He asked if those in opposition would condemn Jews who rose up against Nazis in the Warsaw ghetto, or Haitian slaves who stood against their masters. It was important to stand alongside Palestinians who were standing for themselves and wanted a life free of settler-ism and capitalism. He said Palestinians deserved freedom from occupation and land theft. Herbert Fertig said it was hard to listen to the Nazi-like comments that evening. He was a child of Holocaust survivors. It was also hard to listen to the minimization of what Hamas had done. The resolution called for a ceasefire that would allow Hamas to continue to commit atrocities which they had publicly stated they would do. He referenced Hamas’s founding charter, which was reaffirmed in 2017, that contained anti-Semitic tropes. He could not support the resolution. Mr. Shaban had been a resident of Bloomington for sixty years. He referenced Ruff’s comment at a prior meeting stating that council responded to concerns and values of the community in supporting justice, peace, and human rights. He commented on previous council's and mayor’s support of resolutions like ending the Vietnam war, stopping of nuclear weapons, and against the Iraq war. He hoped Mayor Thomson would not try to stop council’s actions by vetoing the resolution. He reminded everyone of the thousands of starving people on the verge of destruction. He spoke of the hundreds of thousands of Jews calling for a new election. David Szonyi had lived as a proud Jew in Bloomington for twenty one years and the first anti-Semitic statements he had heard were at the meeting. He hoped the ugliness caused by the proposed resolution cautioned council. He was sympathetic to the Israeli and Palestinian people and supported a ceasefire, but not Resolution 2024-08 because p. 14 Meeting Date: 04-03-24 it was flawed by leaving Hamas in power. Hamas had caused the war Resolution 2024-08 (cont’d) which undermined humanitarian aid. He called for releasing the hostages, and for a sustainable solution on the conflict. Public comment: Anees Azzouni, a Palestinian, appreciated council’s efforts with the resolution but noted it would not bring back the tens of thousands of dead civilians. There were millions of people displaced, children orphaned, and human rights violated. The resolution was a statement against the human suffering and in favor of securing humanitarian aid, protecting civilians, and initiating the reconstruction of Gaza. It would motivate Palestinians and Israelis for permanent peace and coexistence both internationally and locally. He spoke about the people and history of the land of Palestine and Israel. Elisa [unknown] wanted a ceasefire and long-standing peace in the region. She wanted the release of hostages, including babies. She noted that women that had been released stated that they had been raped. She spoke about the safety of Jewish people, locally and globally, and said there had been harassment of Jews and gave examples. She discussed other communities that had passed similar legislation. Sharon Wainshilbaum said that it was incorrect that the US did not give arms to Palestine. In 2023, the US gave $15.7 million to United Nations Relief and Works Agency (UNRWA) which were embedded in Hamas. She said that Hamas had been firing rockets into Israel for the past twenty years. She believed that Resolution 2024-08 was incomplete and biased because it did not call for the disarmament of Hamas. She believed that the word ceasefire had anti-Semitism baked into it. She said that Hamas did not believe in human rights for anyone, not even fellow Palestinians. She asked why Hamas had not been brought to trial at the Hague. Lillia Wolf, a Jewish student at IU, expressed disdain about the cooption of the movement for peace by neo-Nazis. She urged council to understand that the movement was diverse, filled with Black and Brown people, with a strong Jewish presence united for a lasting peace and liberation for Palestinians. They supported Palestinians. Daniel Siegel, a Jewish community member, had grown up in New York city and had neighbors with numbers from the camp burned in their arm. He represented Jewish Voice for Peace Indiana, and thanked council for the resolution and encouraged its passing. He conveyed two lessons of love in Palestine; in 2018 he was welcomed at the Al- Aqsa Mosque as part of a faculty delegation. The head of the mosque association spoke to him and other Jewish faculty assuring that they were welcome there. They did not welcome Zionists because they were settler colonists. Five years later, he was with a Palestinian family that lived under the occupation, and the parents had to explain it to their children. He had been part of the Palestinian Solidary movement for twenty years and had never experienced anti-Semitism. The movement was anti-colonialism. The ceasefire was needed to stop a settler colonial state from committing genocide. Anne Kavalerchik, a Jewish student at IU and member of the Jewish Voice for Peace, was part of the multicultural, multiracial group of people who supported the resolution. She had not felt more supported than at the time, standing with Palestinian and Muslim people. The appropriation of the movement by the neo-Nazis was incredibly disappointing. It was crucial to learn from the Holocaust and never again allow such dehumanization. She referenced the petition with two thousand diverse signatures. The resolution was uniting and not Meeting Date: 04-03-24 p. 15 divisive and supported one of the most important projects at the time; Resolution 2024-08 (cont’d) opposing genocide. She urged council to send a message to the world supporting a ceasefire and stopping a genocide. Public comment: Anna Green thanked the sponsors for their work and expressed her profound gratitude. She urged council to pass the legislation. She reminded everyone that the Israeli military had been killing Palestinians with impunity for many years. Israel’s current attacks were not a direct result of October 07 and to believe so was disingenuous. She referenced headlines from 2004, prior to Hamas being in power, to 2024, before October 07 including fatal shootings of Palestinians by Israeli soldiers. Beverly Stoeltje led Citizens for a Just Peace in Palestine Israel, which was a group of about seventy members who had worked for eight years on disseminating correct information about what was happening in Palestine and Israel. She appreciated council’s work on the legislation. It was possible to repeatedly debate on the cause of the attacks, but it was undeniable that the Palestinian people were driven out of their homes in 1948. There were many people in the region of Israel and Palestine; Muslims, Christians, Jews, and other people. Rosenbarger moved and Zulich seconded to move to final council comment and to limit council comment to two (2) minutes per speaker, and to allow councilmembers to give their time to one another. There was brief council discussion. The motion received a roll call vote of Ayes: 5 (Flaherty, Piedmont- Vote to limit council comments Smith, Rosenbarger, Stosberg, Zulich), Nays: 4 (Asare, Daily, Rollo, [11:42pm] Ruff), Abstain: 0. FAILED (Clerk’s Note: Motions to limit council comment needed a 2/3 majority to pass.) Rollo moved and Ruff seconded to allow the final speakers to speak for one minute and then go to councilmember comment limited to one minute. Lucas suggested allowing the same amount of time to all speakers. Rollo amended his motion and Ruff seconded to allow public comment limited to two minutes per member of the public and one minute per councilmember for comments. Stosberg moved and Flaherty seconded to divide the question. The Vote to divide the question motion to divide the question was approved by voice vote. There was [11:47pm] brief council discussion. The motion to allow two minutes per member of the public received a Vote to limit public comment roll call vote of Ayes: 3 (Daily, Rollo, Ruff), Nays: 6 (Asare, Flaherty, [11:52pm] Piedmont-Smith, Rosenbarger, Stosberg, Zulich), Abstain: 0. FAILED The motion to allow one minute per councilmember for final Vote to limit council comments comments received a roll call vote of Ayes: 7 (Daily, Flaherty, [11:53pm] Piedmont-Smith, Rollo, Rosenbarger, Stosberg, Zulich), Nays: 2 (Asare, Ruff), Abstain: 0. Flaherty thanked the public for their engagement and was sorry for Council comments: not having more time for public comment. He urged them to contact him via email. He was saddened and disturbed by the hate speech from some public speakers; he condemned that language. He thanked council for their work on the resolution and would vote yes. Rosenbarger concurred with Flaherty and donated her time to Asare. p. 16 Meeting Date: 04-03-24 Stosberg said that the hate speech and anti-Semitism expressed that Resolution 2024-08 (cont’d) evening was disgusting. She was sorry that people had to hear that. It was protected, free speech despite being terrible. She expressed Council comments: disdain that anyone might leave the meeting and feel unsafe in the city. Zulich, the only Jewish councilmember, would support Resolution 2024-08 and planned to publish a press release with her opinion on the topic. She noted that most of the hate speech was made via Zoom, and while she appreciated the accessibility of a hybrid meeting, it allowed for hate speech without looking at councilmembers in the eye. She noted the cowardice in making hate speech comments via Zoom. Daily agreed with Zulich and was disturbed by, and condemned the hate speech. She had deep reservations about council weighing in on the ceasefire issue, but she stood for peace. She could not vote against offering humanitarian aid to innocent civilians and would support it. Asare was frustrated with the process because it was rushed. He believed that the meeting was not the best forum to have constructive conversations towards the best outcome. He believed the efforts of the sponsors were as thorough as possible. The resolution was clear and focused on humanitarian aid, so he would support the legislation. Rollo appreciated that council was unified in condemning hate speech. He and Piedmont-Smith had sponsored the legislation because of the risks to and killing of innocent people; 40% of which were children. The Oxford Committee for Famine Relief had called the situation the worst crisis ever. He urged council to support the legislation. Ruff agreed with the condemnation of hate speech. He pointed out that members of the public did not engage with those speakers. The motion to adopt Resolution 2024-08 received a roll call vote of Vote to adopt Resolution 2024- Ayes: 9, Nays: 0, Abstain: 0. 08 [11:59pm] Ruff passed the gavel back to Piedmont-Smith. Stosberg moved and Flaherty seconded adjourn the meeting. ADJOURNMENT [11:59pm] Piedmont-Smith adjourned the meeting. APPROVED by the Common Council of the City of Bloomington, Monroe County, Indiana upon this 22 day of January _____ ____________________, 2025. APPROVE: ATTEST: _________________________________________ _______________________________________ Hopi Stosberg, PRESIDENT Nicole Bolden, CLERK Bloomington Common Council City of Bloomington

Agenda

MEMORANDUM Bloomington Common Council-Regular Session Bloomington City Hall, 401 N. Morton Street, Bloomington, Indiana Wednesday, April 03, 2024 Meeting called to order: 6:30pm Council President Isabel Piedmont-Smith presided. ROLL CALL Councilmembers present: Isak Nti Asare, Courtney Daily, Matt Flaherty, Isabel Piedmont-Smith, Dave Rollo, Kate Rosenbarger, Andy Ruff, Hopi Stosberg, Sydney Zulich Councilmembers present via Zoom: none Councilmembers absent: none City staff, officials, and guests present: Ryan Robling, Dean Chamberlain, Chaz Mottinger, Andrea “De” de la Rosa, Jane Kupersmith, Mayor Kerry Thomson, Stephen Lucas, City Clerk Nicole Bolden AGENDA SUMMATION Council President Isabel Piedmont-Smith gave a land and labor acknowledgment and summarized the agenda. MOTION: Zulich moved and Stosberg seconded to amend the normal order of business by taking up legislation for first readings before legislation for second readings. ACTION: The motion was approved by voice vote. APPROVAL OF MINUTES February 19, 2003 – Regular Session March 5, 2003 – Regular Session March 26, 2003 – Regular Session April 16, 2003 – Regular Session MOTION: Stosberg moved and Ruff seconded to suspend the rules to consider the minutes for approval. ACTION: The motion was approved by a voice vote. MOTION: Stosberg moved and Ruff seconded to approve the minutes of February 19, 2003, March 5, 2003, March 26, 2003, and April 16, 2003. ACTION: The motion was approved by a voice vote. REPORTS Councilmembers 1 The Mayor and City Offices Council Committees Public APPOINTMENTS TO BOARDS AND COMMISSIONS MOTION: Piedmont-Smith moved and Ruff seconded to make the following Board and Commission appointments:  For the Bicycle and Pedestrian Safety Commission - to appoint Drew Yeager to seat C-3.  For the Environmental Commission - to appoint Gabby Robles to seat C-1, Adam Martinez to seat C-5, and Nadia Cain to seat C-6.  For the Dr. MLK Birthday Celebration Commission - to appoint Aniah Fountain to seat C-1.  For the Traffic Commission - to reappoint Sarah Ryterband to seat C-3, reappoint Ryne Shadday to seat C-6.  For the Commission on the Status of Women - to appoint Shayla George to seat C-2. ACTION: The motion was approved by voice vote. LEGISLATION FOR FIRST READINGS Ordinance 2024-03 – To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code – Re: Technical Corrections Set Forth in BMC 20 MOTION: Stosberg moved and Ruff seconded that Ordinance 2024-03 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. Ordinance 2024-04 – To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code – Re: Amendments and Updates Set Forth in BMC 20 Table of Contents and 20.04 MOTION: Stosberg moved and Ruff seconded that Ordinance 2024-04 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. Ordinance 2024-05 – To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code – Re: Amendments and Updates Set Forth in BMC 20.02; 20.03; 20.05; 20.07 MOTION: Stosberg moved and Ruff seconded that Ordinance 2024-05 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. 2 Ordinance 2024-06 – To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code – Re: Amendments and Updates Set Forth in BMC 20.06 MOTION: Stosberg moved and Ruff seconded that Ordinance 2024-06 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. LEGISLATION FOR SECOND READING AND RESOLUTIONS Resolution 2024-07 – Establishing the Goal of Reducing Traffic Deaths and Serious Injuries on the City’s Roadways to Zero in the City by the Year 2039 MOTION: Stosberg moved and Ruff seconded that Resolution 2024-07 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. MOTION: Stosberg moved and Ruff seconded to adopt Resolution 2024-07. ACTION: The motion to adopt Resolution 2024-07 received a roll call vote of Ayes: 9, Nays: 0, Abstain: 0. MOTION: Zulich moved and Asare seconded to recess for ten (10) minutes. ACTION: Piedmont-Smith announced a 10-minute recess, with the meeting to recommence at 9:02pm. :: RECESS :: Resolution 2024-05 – A Resolution Authorizing the 2024 Outdoor Dining Program in the Downtown Corridor MOTION: Stosberg moved and Ruff seconded that Resolution 2024-05 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. (Rollo out of the room) MOTION: Stosberg moved and Ruff seconded to adopt Resolution 2024-05. ACTION: The motion to adopt Resolution 2024-05 received a roll call vote of Ayes: 9, Nays: 0, Abstain: 0. Resolution 2024-08 – A Resolution Calling for a Cessation of Hostilities and for Delivery of Humanitarian Aid to Civilians in Gaza ACTION: Piedmont-Smith passed the gavel to Ruff. MOTION: Stosberg moved and Ruff seconded that Resolution 2024-08 be introduced and read by title and synopsis only. ACTION: The motion was approved by a voice vote. 3 MOTION: Stosberg moved and Ruff seconded to adopt Resolution 2024-08. MOTION: Stosberg moved and Asare seconded to limit public comment to two minutes per speaker for a total of three hours of public comment. ACTION: Stosberg withdrew her motion. MOTION: Stosberg moved and Asare seconded to limit public comment to two minutes per speaker, and to end public comment at 11:40pm. ACTION: The motion was approved by a voice vote. MOTION: Rosenbarger moved and Zulich seconded to move to final council comment and to limit council comment to two (2) minutes per speaker, and to allow councilmembers to give their time to one another. ACTION: The motion received a roll call vote of Ayes: 5 (Flaherty, Piedmont-Smith, Rosenbarger, Stosberg, Zulich), Nays: 4 (Asare, Daily, Rollo, Ruff), Abstain: 0. FAILED (Clerk’s Note: Motions to limit council comment needed a 2/3 majority to pass.) MOTION: Rollo moved and Ruff seconded to allow two (2) minutes per member of the public and one (1) minute per councilmember for comments. MOTION: Stosberg moved and Flaherty seconded to divide the question. ACTION: The motion to divide the question was approved by voice vote. ACTION: The motion to allow two (2) minutes per member of the public received a roll call vote of Ayes: 3 (Daily, Rollo, Ruff), Nays: 6 (Asare, Flaherty, Piedmont-Smith, Rosenbarger, Stosberg, Zulich), Abstain: 0. FAILED ACTION: The motion to allow one (1) minute per councilmember for final comments received a roll call vote of Ayes: 7 (Daily, Flaherty, Piedmont-Smith, Rollo, Rosenbarger, Stosberg, Zulich), Nays: 2 (Asare, Ruff), Abstain: 0. ACTION: The motion to adopt Resolution 2024-08 received a roll call vote of Ayes: 9, Nays: 0, Abstain: 0. ACTION: Ruff passed the gavel back to Piedmont-Smith. ADJOURNMENT [11:59pm] MOTION: Stosberg moved and Flaherty seconded adjourn the meeting. ACTION: Piedmont-Smith adjourned the meeting. Memorandum prepared by: Clerk Nicole Bolden 4 City of Bloomington 5

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