Common Council Regular Session

In the Council Chambers of the Showers City Hall, Bloomington, COMMON COUNCIL Indiana on Wednesday, November 06, 2024 at 6:30pm, Council REGULAR SESSION President Isabel Piedmont-Smith presided over a Regular Session of November 06, 2024 the Common Council. Councilmembers present: Courtney Daily, Matt Flaherty, Isabel ROLL CALL [6:30pm] Piedmont-Smith, Kate Rosenbarger, Hopi Stosberg, Andy Ruff Councilmembers present via Zoom: Isak Nti Asare (arrived at 6:34pm) Councilmembers absent: Dave Rollo, Sydney Zulich Council President Isabel Piedmont-Smith gave a land and labor AGENDA SUMMATION [6:31pm] acknowledgment and summarized the agenda. APPROVAL OF MINUTES [6:31pm] Stosberg moved, and Ruff seconded to approve the minutes of June June 12, 2024 (Regular Session) 12, 2024, as presented, and the minutes of August 21, 2024, and August 21, 2024 (Regular Session) October 16, 2024, as revised. The motion received a roll call vote of October 16, 2024 (Regular Ayes: 7, Nays: 0, Abstain: 0. Session) Daily mentioned her upcoming constituent meeting. REPORTS  COUNCIL MEMBERS [6:33pm] Asare referenced the letter of support submitted by council for the Economic Development District zone for three counties and gave additional information. Stosberg moved, and Ruff seconded to authorize the Council Motion to authorize Council Attorney: Attorney 1. To represent, defend, and act on behalf of Common Council in all aspects of litigation, including but not limited to preparing and filing pleadings; engaging in discovery; entering into settlement negotiations; appearing and arguing in court; communicating with opposing parties; and taking other appropriate action in the discretion of the Attorney; and 2. To communicate with the Council President regarding such litigation at the discretion of the Attorney in addition to periodically reporting to Council. The motion received a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. Vote to authorize Council Attorney [6:38pm] Flaherty commented on the Deputy Mayor Gretchen Knapp’s violation of the Robert’s Rules of Order Sections No. 4 and 43, through her words to the council at the Special Session on October 30, 2024. He had acknowledged Deputy Mayor Knapp’s behavior at the time and identified possible consequences the Parliamentarian or Chair could have taken as outlined in Section 61. He said if the behavior was repeated, council should consider consequences. Phillipa Guthrie, President of the Board of Directors, Canopy  The MAYOR AND CITY OFFICES Bloomington, gave a report on the non-profit social impact of [6:41pm] Canopy Bloomington, and its work with the city to enhance and maintain the city’s tree canopy. Sarah Mincie, Vice President, Canopy Bloomington, spoke about future canopy cover assessments for the city and Canopy Bloomington’s equity focus. p. 2 Meeting Date: 11-06-24 Ava Hartman, Executive Director, Canopy Bloomington explained  The MAYOR AND CITY OFFICES the priority areas for canopy based on environmental and socio- (cont’d) economic variables and the trees that were planted. There was brief council discussion following the report. On behalf of Zulich, Stosberg reported on the Ad Hoc Salary  COUNCIL COMMITTEES Committee, noting that Crowe was engaged to facilitate discussions [6:59pm] on salaries. Committee meetings were scheduled in person for November 07th and 08th, 2024, at 8:30am and the public was welcome to attend. There was brief discussion about councilmembers not on the committee attendance at the meetings. Council Attorney Lisa Lehner would confirm if it would be considered meetings of council. Piedmont-Smith noted that Mayor Kerry Thomson wished to speak. Daily moved, and Ruff seconded to amend the agenda to insert a Vote to amend agenda [7:05pm] report from the Mayor’s Office following Council Committees. The motion received a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. Mayor Kerry Thomson updated council on her appointment to the Report from the Mayor Historic Preservation Commission (HPC). She briefly described the process and encouraged members of the public who were interested in history to apply. Joe Davis spoke about the harassment he had experienced from the  PUBLIC [7:07pm] city. He handed out materials that he wished to be on record. Stosberg moved and Flaherty seconded to appoint Corry Smith to  APPOINTMENTS TO BOARDS seat C-2 on and Christopher Moore to seat C-1 on the Commission AND COMMISSIONS [7:13pm] on the Status of Black Males. The motion received a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. LEGISLATION FOR FIRST READING [7:14 pm] Stosberg moved and Ruff seconded that Ordinance 2024-24 be read Ordinance 2024-24 To Authorize by title and synopsis only. The motion received a roll call vote of the Issuance of the City of Ayes: 7, Nays: 0, Abstain: 0. Clerk Nicole Bolden read the legislation Bloomington, Indiana General by title and synopsis. Obligation Bonds, Series 2024, for the Purpose of Providing Funds to Piedmont-Smith referred the legislation for a second reading at the Pay for Certain Capital Projects of Regular Session to be held on November 20, 2024. the City and Expenses Incurred in Connection with the Issuance of the Bond [7:14pm] LEGISLATION FOR SECOND READING AND RESOLUTIONS [7:16pm] Stosberg moved and Ruff seconded that Resolution 2024-22 be read Resolution-2024-22 - To Approve by title and synopsis only. The motion received a roll call vote of an Update to the City of Ayes: 7, Nays: 0, Abstain: 0. Bolden read the legislation by title and Bloomington’s Americans with synopsis. Disabilities Act Transition Plan [7:16pm] Stosberg moved and Ruff seconded that Resolution 2024-22 be adopted. Michael Shermis, Human Rights Director, Americans with Disabilities Act (ADA) Coordinator, and staff liaison for the Council for Community Accessibility (CCA), presented the legislation. The  Meeting Date: 11-06-24 p. 3 Transition Plan was to be updated every two years and was not Resolution 2024-22 (cont’d) substantially different from 2022. The city’s Digital Accessibility Strategic Plan, currently under development, would be considered for the next Transition Plan. Council questions: Piedmont-Smith asked about the mobility options listed in the ADA Standards and Guidelines section of the Transition Report, and for details on the tactile map. Shermis said the city owned a golf cart and minibus and would confirm if all-terrain wheels had been received by the city. He said the city had selected a vendor, and the tactile map would be available in early spring of 2025. The first tactile map would be placed in Switchyard Park. Stosberg asked about the timeline of the planned improvements on Kinser and how the city would accommodate changing traffic demands in that area. Andrew Cibor, Director of Engineering, was unsure of the timeline but would follow up. Flaherty asked for details on the ten inaccessible park facilities. Shermis said the city did not have an adequate survey of park accessibility. He and Tim Street, Parks Director, would likely use the ADA compliance software platform called BlueDAG for the development of a parks inventory in the coming year. There was no public comment. Public comment: Piedmont-Smith referenced an email exchange she had with Public Council comments: Works (PW) Director Adam Wason regarding an in-depth sidewalk assessment. The contract, scope, and cost of the assessment would be presented to the Board of Public Works (BPW) for approval. The inspection data would be available in quarter one of 2025. Flaherty appreciated the presentation and staff for updating the plan on a two-year cycle, as required. Piedmont-Smith thanked the CCA members for volunteering their time and Shermis for his work on the Accessibility Plan. The motion to adopt Resolution 2024-22 received a roll call vote of Vote to adopt Resolution 2024-22 Ayes: 7, Nays: 0, Abstain: 0. [7:30pm] Stosberg moved and Ruff seconded that Resolution 2024-21 be read Resolution 2024-21 - Resolution by title and synopsis only. The motion received a roll call vote of of the Common Council of the City Ayes: 7, Nays: 0, Abstain: 0. Bolden read the legislation by title and of Bloomington, Rejecting the synopsis. Establishment of a Merit System for the Bloomington Police Stosberg moved and Ruff seconded that Resolution 2024-21 be Department [7:31pm] adopted. Christopher Wheeler, Assistant City Attorney, presented the legislation. Under state law, a merit system would automatically be established for eligible police departments in Indiana by January 01, 2025, unless the governing body adopted a resolution rejecting the establishment of such. The Police Department’s unofficial poll rejected the merit system. If council adopted a resolution, then it would be voted on by the active, full-time, paid members of the Bloomington Police Department (BPD). p. 4 Meeting Date: 11-06-24 Police Chief Mike Diekhoff stated that the Board of Safety existed Resolution 2024-21 (cont’d) and performed many of the same functions of a merit system. The department was not in support of a merit system board. Council questions: Asare asked if a merit system could be adopted in the future, if rejected presently. Wheeler said the resolution could be repealed and a merit system could be adopted. Stosberg asked if a merit system had to be considered periodically even if it was initially rejected. Wheeler said there was no requirement or time frame for review. Piedmont-Smith asked about the benefits of a merit system and why the state would require one. She asked if the Fire Department would be presenting their views on the merit system. Wheeler was not certain about the state’s history related to the merit system. A benefit allowed BPD to provide input on decisions since it would had two appointments to the merit system board. The Fire Department supported a merit system, so that board would automatically be established on January 1, 2025. He gave additional information. Joe Davis expressed concern on BPD’s decision not to establish the Public comment: merit system and commented on the benefits of a merit system. Stosberg said council should respect the wishes of BPD regarding Council comments: the merit system. The motion to adopt Resolution 2024-21 received a roll call vote of Vote to adopt Resolution 2024-21 Ayes: 7, Nays: 0, Abstain: 0. [7:48pm] Stosberg moved and Ruff seconded that Ordinance 2024 -23 be read Ordinance 2024-23 – To Amend by title and synopsis only. The motion received a roll call vote of Title 15 of the Bloomington Ayes: 7, Nays: 0, Abstain: 0. Bolden read the legislation by title and Municipal Code Entitled "Vehicles synopsis. and Traffic"-Re: Amending Section 15.12.010 (Stop Intersections) to Stosberg moved and Ruff seconded that Ordinance 2024-23 be remove one stop intersection on adopted. Seventh Street from Schedule A and add one multi-stop Flaherty presented the legislation which would codify the all-way intersection on Seventh Street to stop at the intersection of Dunn Street and Seventh Street. It would Schedule B [7:49pm] initiate a collaborative process to explore design or traffic control interventions for the Seventh Street corridor that aligned with the city’s goals. Stosberg said the proposed legislation supported continued discussion on measures other than a multi-stop intersection, to reduce the possibility of collisions along the Seventh Street corridor, while maintaining it as an effective transit and bicycle corridor. She reviewed options for slowing traffic and increasing awareness of crossway traffic. Flaherty highlighted city goals that guided the Seventh Street corridor design. He reviewed the different approaches by council and the city engineer regarding traffic design. The next step was to coproduce solutions that better met the city’s goals. Ruff asked if there was data showing an increase in bicycle traffic on Council questions: the Seventh Street corridor or an increase in bicycle traffic overall. Cibor said there had been a significant increase in bicycle traffic on Seventh Street following the improvements.  Meeting Date: 11-06-24 p. 5 Stosberg said that increased traffic was good; from Ordinance 2024-23 (cont’d) transportation mode changes and diversion from other streets. Flaherty noted it was a positive step forward to make it safer on Council questions: Seventh Street for any number of riders. Research in other jurisdictions showed an increase in the number of new riders due to infrastructure improvements similar to the Seventh Street corridor. Daily asked about the traffic calming measures, and data about crosswalk signs and reduced traffic speeds. Stosberg said traffic calming measures may or may not make a difference in speed, but it was worthy of discussion. Cibor stated that traffic calming measures could be considered but they may not impact crash patterns. He recommended the use of stop signs because they reduced the number of crashes. He noted the Engineering Department was open to discussing other options. Ruff asked if there was data that showed a reduction in bicycle accidents resulting from the Seventh Street corridor. He asked if there was an increase in pedestrian and pedestrian crashes. He asked why the stop signs on Seventh Street had been removed. Cibor said there was inadequate data on bicycle or pedestrian accidents due to their infrequency. Following the all way stop installation at Seventh Street and Dunn Street, the crash rate per user was lower but the crash rate total was approximately on par with that prior to the corridor installation. Stosberg said there was a reduction with incapacitated injuries following the improvements which lessened the severity of crashes. Cibor stated that the number of pedestrian crashes was essentially the same as prior to the improvements though there were more pedestrians crossing Seventh Street. He added that the reason for adding the stop signs on Seventh Street was due to an increase in vehicle to vehicle crashes. Ruff asked if Cibor could make the presentation he was prevented from giving to council during a meeting in early 2024. Cibor clarified the purpose for his attendance at the meeting was to answer questions. Joe Davis stated that pedestrians should be warned of bicycles, Public comment: scooters, and skateboarders; not just cars. Chris Sturbaum spoke in support of four way stop signs, noting that data indicated four-way stops were the simplest and safest solution. Steve Bowen supported codification of the stop signs at Seventh and Dunn. He spoke about bicycle accidents. Ruff commented on the cost of the improvements on Seventh Street and the need for data to support the investment. He asked Cibor to about a thesis study conducted by a student of Texas A&M that examined the safety of separate bike lanes. Stosberg thanked Cibor for the presentation and her fellow councilmembers for supporting a conversation about the corridor. She noted there were two signs on the corridor warning bicycles to yield to pedestrians. She said it was important to balance city goals and safety for all users. The motion to adopt Ordinance 2024-23 received a roll call vote of Vote to adopt Ordinance 24-23 Ayes: 7, Nays: 0, Abstain: 0. [8:49 pm]  p. 6 Meeting Date: 11-06-24 Christopher Emge, Greater Bloomington Chamber of Commerce, ADDITIONAL PUBLIC COMMENT commented on a previous council meeting and urged council to [8:50pm] work together, and focus on governance. Flaherty spoke about personal privilege, related to Emge’s comment. His previous comments about the deputy mayor’s behavior was with respect to the integrity of council processes. Piedmont-Smith called a Special Session of the Common Council COUNCIL SCHEDULE [8:53pm] on Wednesday November 13, 2024, at 5:30pm in Executive Session regarding pending litigation. She reviewed the upcoming council schedule. Piedmont-Smith adjourned the meeting. ADJOURNMENT [8:55pm] APPROVED by the Common Council of the City of Bloomington, Monroe County, Indiana upon this 26 day of _____ March ____________________, 2025. APPROVE: ATTEST: _________________________________________ __________________________________________ Hopi Stosberg, PRESIDENT Nicole Bolden, CLERK Bloomington Common Council City of Bloomington