City of Bloomington, Indiana Board of Public Works, 18 Aug 2020

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From YouTube: Bloomington Board of Public Works, August 18, 2020

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meeting agenda: https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=7473

A

B

I will go ahead and call to order this regular meeting of the board of public.

B

Works: this is tuesday august 18th of 2020.. uh First up on the.

B

Agenda, we have messages from board members. Do we have any messages from.

B

Board members this evening, no not tonight.

B

Next up we have petitions and remonstrances. If you have anyone who is.

B

Here, to make a public comment, something that is not on the agenda now.

B

Is the opportunity to do so? So any public comment on something not.

B

On our agenda this evening,.

C

If you have any public comment, please use the raise your hand, function.

C

On zoom put a message in the chat.

C

I don't see anything here, kyla all right. Thanks.

B

Next on the agenda is a hearing on a noise appeal.

B

Appeal of noise, citation number 41852 at 3425, north stoney, crest, road.

D

Good evening this is chris wheeler with the city of bloomington's legal.

D

Department and I will defer to the appellant for.

D

Him to state his case before the city responds please all right.

E

Thank you for your time, not to state the obvious.

E

But, but just because a neighbor calls it a noise complaint doesn't mean.

E

It is just I'm challenging the police officer's determination that.

E

Any unreasonable or excessive noise could be heard from outside the premises.

E

At the time the ticket was issued.

E

Section 930 c4 states that sound that is clearly.

E

Audible to a person with normal hearing from any place other than the premises.

E

From which the source of the sound is located um so mike, the question is really is: if the uh did, the police officer really.

E

Walk around the perimeter to ascertain the level of noise or.

E

Did an officer simply answer a noise complaint.

E

And walk straight up to the door and maybe get frustrated.

E

After ringing, the doorbell a bunch of times and.

E

Leave a ticket at the screen as far as the ordinance is concerned,.

E

All the adjectives used to determine a violation.

E

Are subjective at best? We know that sound is something that can be measured.

E

Much like miles per hour for a car to determine.

E

How fast the car is barreling down the road.

E

You can only imagine driving down the street with no speed limits.

E

And having an officer pulling you over just for unreasonably fast driving.

E

Or excessively fast driving, so a decimal reader in the documentation.

E

I provided shows readings of about 30 to 40 decibels.

E

Which, in the audio world is whisper level.

E

This was taken at the property line closest to the adjacent neighbors.

E

The property is 70 feet wide in the front.

E

And 202 feet deep in the back, so it's about the size of a soccer field.

E

I feel like reasonable neighbors would maybe have contacted me to try to.

E

Resolve the issue before uh involving the law.

E

And honestly, if anybody's going to hear music on the property, they would have to.

E

Have been trespassing or underneath my porch or.

E

Sleeping next to the window.

E

So they're not exhibiting ordinary sensitivities to sound.

E

um Regardless, since this occurrence, I've taken extensive measures.

E

uh Regarding the noise on the property and have reached out to the neighbors to.

E

Resolve the issue, uh thank you for your consideration.

B

D

Good evening again, this is chris wheeler city, legal.

D

Here to represent the police department's.

D

Citation has issued torrey wallace is an officer with the bloomington police.

D

Department and he's present with us this evening and I'd like to ask him a few.

D

Questions, if it would please the board, go ahead, if, if we could have mr wallace.

D

Unmuted, I don't know if he can do that. There we go.

D

Good evening, mr wallace evening, could you please tell.

D

The board your full name uh story, david wallace,.

D

And where are you fully employed, the bloomington police department.

D

How long have you been with the bloomington police department about a.

F

Year and 10 months in early august.

D

August, 2nd of this year did you have an occasion to.

D

Visit the property at 3425, north stoney, crest, road, yes, and approximately.

D

What time of the evening or day was it that you arrived.

D

To visit this property, I would have been a later evening.

F

I don't remember the exact time off the top of my head, but I believe it was.

F

Probably somewhere around 11, 30 or so 11 30 p.m.

F

Yeah some, I believe it's somewhere in there.

D

And uh what was the reason for your uh going to this property? uh It was.

F

Referenced a noise complaint of music coming from the 3425.

D

And I believe in your uh officer's narrative, you said.

D

As you were approaching the property you recognized, it is that right.

F

As far as recognizing, where the music was coming from.

D

Recognized that address thirty four twelve years. Yes,.

D

And- and why is it that you recognized that address um due to.

F

Several calls in the last couple weeks before that of.

F

The same complaint from that address that you had responded to correct.

D

Correct all right in those other responses.

D

To noise complaints, uh did you come up? Did you walk past the property and.

D

Determine whether any noise was coming from the property, yes and uh in those instances, did you hear any noise coming from the property.

F

I believe I've went there once and I actually.

F

Spoke with mr dorotheo um about the noise coming from the property.

F

I went there, I believe two other occasions and I have.

F

Walked past the property um and found that it was not a valid.

F

Noise complaint at that time didn't hear any noise right right on.

D

August, 2nd 2020 at about 11 30 in the evening. What.

D

Did you hear or observe, as you were, approaching the property as I was approaching, the property.

F

I exited my vehicle was walking up on the on the sidewalk.

F

And I was able to hear music coming from the residence.

F

I walked past the residence to determine that it was exactly coming from there.

F

And I was able to hear that from the sidewalk.

D

All right so you're on the sidewalk, when you can hear the music. Yes.

D

And, were you using any kind of a special hearing device or hearing aids or.

D

Anything at that time to hear the music, no just using your regular auditory.

D

Abilities from your own ears correct correct, having heard noise and walked.

D

Past the property and determined that the noise was coming from this property.

D

What next did you do? I attempted to make contact.

F

At the front door with whoever the homeowner may be, walked up to the.

D

Property knocked on the door: did anybody come to the door.

F

No, so you left a ticket at the property and left correct, correct after.

D

That, then, I believe the next day did you take any.

D

Steps to try and determine who actually was living at the property.

F

Yes, I went back to the residence and did you speak with anybody nope no.

D

Answer, did you ever make contact with richard.

D

Dorothea's, father, yes, and what did you learn from.

D

Mr dorothea ricardo dorothea that he owns the.

F

Property on stoney crest and that his son.

F

Lived at the property all right, I don't have any other questions for you.

D

Mr wallace uh officer wallace, thank you very much.

F

Thank you if I could give a brief uh summation.

D

Then to the board. um So when you're looking at.

D

The code that uh mr dorothea decided he's citing the correct section: it's.

D

14.09.030 subsection c four, but he doesn't read.

D

The whole section that's uh important here: yes, if.

D

Sound is clearly audible to a person with normal hearing from any place.

D

Other than the premises from which the source of the sound is located.

D

When the sound occurs between the hours of 9 pm and.

D

7 am that is prima facie evidence of a violation.

D

Of this section, what that means is, if you can hear the sound.

D

That's a violation: if you're hearing it from off property, it doesn't matter how.

D

Loud, it is at that point just that you can hear it from off.

D

Property from somebody with ordinary hearing abilities, uh obviously.

G

Wallace was off property, uh he wasn't using any extra audible.

D

Equipment to hear the sound just his own hearing and he could hear it.

D

He's been to the property before and hasn't heard any noise coming from the.

D

Property and didn't do anything about it because rightfully so there was no violation, but in this particular situation he did hear.

D

Music coming from the property and then properly issued a citation to.

D

The resident of the property richard dorothea.

D

Staff is recommending that the board um deny this.

D

Appeal um and uphold the ticket. Thank you.

B

About it, thank you, questions from the board on this item.

H

um I have a question: he has not received a citation before.

H

This is the first citation he has received.

H

D

To my knowledge, this is the first citation that's actually been issued for.

D

Mr dorothea, all right, thank you. Was there a warning.

B

Issued in the first conversation that was.

B

Mentioned in the chronology of the.

B

Various visits no.

F

I I spoke with, uh I believe, with mr dorothea, the first time and just.

F

um As normal told him, you know, hey your neighbors have.

F

Complained about the music, you don't care to keep it down for me, I'd appreciate it. He agreed to do so, and there was no.

E

Music being played at that time right, there was that's why I made contact at.

F

The front door there there was none.

B

Other questions from the board.

H

B

One one question: I have just generally that this brought to my mind.

B

Is when we have a noise ordinance, violation, citation.

B

Are those items I know it was posted on the door, but are those items that we.

B

Would simply handle by mail in some cases.

B

Or do are they required to be delivered in person, no matter what the.

B

D

It can be left at the residence.

B

Okay, so that's and the appeal was uh yeah.

H

The appeal was uh yeah, I just was clarifying that that's the.

B

Only method of delivery.

H

And they did appeal it timely, so they didn't receive the.

H

Nov, yes, we got the appeal. Yes, that is true.

A

B

All right any other board questions.

B

Is there a motion on this item.

H

I move that we deny the appeal and uphold the ticket.

I

I second that motion.

B

All in favor, I I motion, passes.

D

Thank you very much. Thank you. Next is, uh let's see, we have no.

B

um Title six enforcement so we're moving on to the consent agenda.

B

Under the consent agenda, we have the approval of minutes for august 4th.

B

2020. we have resolution 2020-38 approved mobile vendor renew renewal in.

B

Public right-of-way for top shot at jerk chicken llc.

B

Resolution 2020-43 approved donation and recycling surplus from its.

B

Approved property exchange with iu trustees.

B

Resolution 2020-40 approved declaration of surplus fleet vehicle.

B

Approved service agreement with bounds, flooring for maintenance and repair of.

B

Flooring and carpeting at city hall facilities.

B

Approved service agreement with commercial service inc.

B

For maintenance and repair of hvac and plumbing at city hall facilities.

B

And approval of payroll do we have any items that need to be removed from the.

B

Consent agenda this evening.

B

Okay hearing none is there any public comment on any of the items within the.

B

Consent agenda.

B

All right, seeing none is there a motion on the consent agenda.

H

I move that we approve the consent agenda. Are you second.

B

All in favor aye aye motion passes next under new business. We.

B

Have resolution 2020-37 approve order to.

B

Remove structure at 1209, west 11th street.

J

uh Yeah hi, this my is, is that there is, um I think,.

J

Some individuals would like to speak. I think an attorney present.

J

Who want to discuss this particular item and I would refer to them.

K

Okay, just ask a question really quick, all right, this adam waston here public.

C

Works director, uh mr dixon from the city just asked. Mr manz, are you? Are you here to uh speak to the matter of um west 11th.

C

Street, yes, sir okay and then the 31288 number.

C

You're here to speak to that as well. Yes, sir great thank you.

C

Go ahead, mr manz! Well, I just wanted to inform the board that.

L

The property, uh the owner of the property, mr mobley,.

L

Thomas movie passed in may 2020.. He uh has a surviving uh wife spouse who.

L

We petitioned the court this week to establish her as the personal.

L

Representative of the estate, the court has not ruled on that motion.

L

On that petition yet, but there are also he has four children.

L

Adult children, who are the uh heirs who are deceased, uh they are the.

L

Intestate heirs, mr mobley, with his without a wheel and.

L

They are, they are thomas e, mosley, junior and adult.

L

Frederick mobley of the adult son, charles hayes, mobley and crystal.

L

Mobley daughter, they're, all adults we have to determine there seem to be.

L

Some question about the well there's some liens on the.

L

Estate, whether the state, the property, is really.

L

Actually, a part of the estate, because there was uh some years ago a.

L

Foreclosure in this state I've never finished the research there's been a foreclosure on their property by a bank.

L

And there was a tax deed issued to the property, so we don't know exactly.

L

Who is the uh owner or whether the property is part of the estate? I guess.

L

I'm trying to have to have the court determined make that determination. Nevertheless, uh we're asking the we asked the board.

L

To hold off on a determination of uh of.

L

That is uh tearing down the property shack. It is in pretty.

L

Bad shape, um but we like to hold off on the motion for that. To give us.

L

Enough time to establish to the board, who is the true owner and what their.

L

Positions might be on the cost of it and dealing with those.

L

Kinds of matters, but I just want to update the.

L

Aboard on those particular matters regarding the estate, I missed them over.

L

I don't know if his spouse may be on. Is she catherine? Are you.

L

I

L

There are apparently some other members of the maybe.

L

Mr mobley's children, adult children, are they on.

L

Are they three one? Two three eight eight? Yes,.

L

Okay, good so they're aware, I I, I think they think the nose to be aware of the.

L

Fact that the resolution that has been offered or.

L

Been tendered and uh and that the.

L

What we're trying to do is resolve the issues that may come up.

L

And we ask the court to hold off on packing the resolution to this.

L

To demolish the property until we straighten some things out with the core.

L

And, for example, we also have some some.

L

Some uh creditors who may have a stake in it.

L

As well in the property, so we need to get notification out for those persons.

L

L

I didn't hear that all right go ahead. Sorry, daniel.

J

All right, um mr man, I was going to ask in the reaction you have pendant, who are.

J

You representing currently.

J

In your court case, who are you who do you represent, I'm representing miss.

L

Catherine mowglia she's, the surviving spouse.

J

When was that filed file, let me see here it just this recently. I think last.

L

Last friday,.

L

Date on it for you yeah it's filed uh august, the 8th 17th.

L

August, the 17th.

L

No, no, no! Actually, it fell sooner than that late. I entered my appearance.

L

uh It was filed on the 14th, but because I didn't have a cause number.

L

At that time I couldn't find my appearance until the 17th.

L

But the court has not ruled on the motion to.

L

Have her appointed as a personal representative, yet.

L

So that's pending before the court that I think the court will issue an order.

L

Order granted or deny it sometime this week, more likely.

L

But she has to post a bond and want to be in order to act as a representative.

L

Of the state of the estate is your client's position going to be opposing.

J

A removal of the structure, or are you just trying to determine ownership.

L

Well, we have to determine who well the record would show. I think the court.

L

Records uh these recorders often show that the.

L

Living the the heirs are the intestate um owners of the property.

L

They wish the records would show that, but.

L

Miss mobley at the surviving spouse has an interest in the property because, if.

L

It's a part of the estate by she should have uh not only the.

L

Survivors or spouse allowance, but she also had the 25 interest in the.

L

Estate uh minus the any liens on the property.

L

So we had to sort those kinds of things out, as well as the interests of.

L

Of the uh of the intestate heirs of his previous marriages.

L

As well as the creditors who may have a claim against the estate.

L

And then there's like I haven't been able to sort out.

L

Whether the foreclosed reaction to steel and effect.

L

Was it somehow abandoned, the price was abandoned and then.

L

uh It was subject to a served cell and did whether the service cell.

L

Closed our clothes was transferred to someone else like whom I do not know.

L

And whether or not the person who who bought the property surf, sale.

L

Exercise their right, so we have to be notified them as well.

L

Of these proceeds in the state court probate court.

L

Now she has moved out, so no one is honest, thing is living there and they've.

L

Locked the place up, that's why I instructed her to do.

L

I don't have any questions. Thank you.

K

I'm talking on behalf of charles mobley, he um he filed.

K

The um for the on the deed to the house, when we.

K

Called and checked on it, there was only ruth mobley.

K

And um thomas mobley on the bead.

K

And he put the deed in all four children's names.

K

And uh we have a copy of that deed that we can provide for you guys.

K

um There was no.

K

uh No other thing on there or no other name on there.

K

Originally the it was supposed to go to um crystal mobbly.

K

When it was, uh you know a long time ago when she was.

K

Born it was all told to all family that she was to get the property and.

K

um We said we've heard that katherine mobley has tried to sell it.

K

Several times and um we got it, court reported.

K

That it's in all for the names and what we want to do is.

K

Make it the neighborhood safe, because that house is.

K

Very bad: we have a condemn order from the courts.

K

As well as a eviction that we're taking miss kathy.

K

To mobley to court on the 20th.

K

At one o'clock um in order to proceed and get this house.

K

Toward them so that um crystal we can make up a crit a.

K

Trust fund for crystal mobley, with rosemary leroy as her.

K

uh That trustee, you know the one on the trustee with her.

K

To trust with her, thank you um I just want to interject in.

J

A second uh here just to say that um you know we're.

J

Not really really determining tonight the ownership of the property we got to set the court action uh really tonight. uh The only issue to.

J

Evaluate um is whether the board at this point is.

J

Going to uh approve the resolution, uh the.

J

Existing order to remove and um or whether it will modify it or.

J

Whatever, but that is really, I think the only thing for consideration right now.

J

I mean we're not here to litigate ownership um that responsibility for the.

J

Assessed uh pure different court, but as soon as mrs.

K

Mobley gets out of there, we we will be. uh The house will be got down.

K

Or tore down, we were all ready to go and it will be according with hands.

K

Hands orders: everything will be, you know, took with it or did with their.

K

Orders they're the ones that actually let them.

K

In to actually see the house and contacted them.

K

And on our paper, we had to october 1st to get it, but it took us a while.

K

To get a court hearing, which is the 20th to be assumed.

C

Okay, thank you. If I could, this adam wasting again.

C

Public works director, um mr dixon, are you.

C

Comfortable, if we do a table of this or.

C

Into for two weeks from tonight, um see if anything gets cleared up by then.

C

um I know I would ask, as for on behalf of hand, staff.

C

I took a look at the property to today. There are a few.

C

Windows that need uh further boarding up the basement window.

C

So maybe if if we could get some type of commitment to that, are you comfortable.

C

For waiting two weeks.

J

Oh, I'm sorry, I'm sorry, I I think I'm okay with two weeks. I don't know.

J

That you know, like I said before I don't know whether permanent ownership uh necessarily uh changes anything has to be ordered to.

J

Remove but it would potentially change who has the obligation um if there is some kind of change.

J

C

Okay, mike arnold, do we have you? Yes, I'm here? uh What are your thoughts.

C

Mike, are you okay, with two weeks to try to yeah? We would not have a.

M

Problem with that, we would like to have make sure that the property remains.

M

Sealed um during all of the court issues, though,.

C

Okay, all right, uh so I think at this point.

C

We'd entertain a motion of the board to table this until our next meeting. Okay, should me, and or should charles mobley, be.

L

uh I ask that the mr mobley, if you have a copy.

L

If you have a copy six o'clock, I'm sorry if you, if you have a copy of that.

L

I would appreciate you providing me with the company because it helped me.

L

Make my work easier to determine who the true owner of the property would.

L

Help me because I have not seen that deed. If you haven't, please give it to me. I do have a d.

K

I do have the copy okay good. That would help us a little bit.

L

Along okay there's the date: oh no just if you would just bring it to.

L

My office or give me a copy of mail, a copy to me.

K

And your attorney, who yes ma'am? What's your name alfonso.

K

Okay, all right at this time uh we are gonna move forward. Is there a.

B

Motion from the board on this item I'll make a move that we okay go ahead.

I

Sure we'll table uh the resolution 2020-37.

I

Until our next meeting of two weeks.

H

Second, all in favor, aye aye motion passes.

B

Kyla, yes, kyla, do we need to have an order to seal? It sounds like.

H

They want the property sealed from hand. Yes,.

K

Yes, we would like to be able to go up and seal the house.

C

Yes, please, I will be honored to do that. Great. Thank you so to.

M

Just to be clear, you would like me to do an orders to seal for less than 90 days.

M

On this property, yes, yes, and we will go up there.

K

And seal the property? Okay mike, why don't we just make sure we.

C

Inspect this week and throughout the next several days and see that we get this, it's sealed and then be.

C

We may need to be prepared at the next board meeting, with an order to seal.

C

Very good permit, sir. May I make a comment.

L

Don't make a comment? Yes, I have no problem with the ceiling.

L

Mr, mr chairman, I'm not a chairman. We have a problem.

L

We have no problem with stealing the property, because I haven't instructed my.

L

Client to lock things down so that nothing would be stolen removed because.

L

The personal property in the house, it no question.

L

Belongs to her least by the laws of intestate.

L

Nevertheless, uh the place is locked down. We don't want anybody to go inside the.

L

Residence because it's unsafe first of all, I've instructed her to remove.

L

Herself and items from the place, so it should be.

L

You keep preventing her from leaving taking her things out of there.

L

That's could be that create a problem so, but what I'm saying is.

L

That she is supposed to. I had instructed her to lock the place down.

L

So that nobody would make any entry into the facility.

M

Yeah this is mike arnold again, um so orders to seal would just mean that.

M

You keep um the openings, the doors, the windows.

M

Accesses to the crawl space sealed in such a manner that.

M

Unauthorized persons cannot get into the property.

M

It's not meant to be uh something that prevents.

M

The owner or the resident or the person who has property inside there.

M

uh From gaining access, okay, okay, but the number she's able to have access to get.

L

Her things out, then that's, okay, that's all.

L

Okay, thank you very much all right. Thank you. We will.

K

Have the we will leave the door alone and we will board up every other.

K

Place on there on the house.

B

Thank you. Next, on our agenda, we have approved preliminary engineering.

B

Contract with bledsoe rigor cooper, james for the smith road at.

B

Moores pike and the south walnut sidewalk projects.

N

Good evening, neil copper playing in transportation.

N

So this contract includes design services for two.

N

Sidewalk projects that were prioritized by the council, sidewalk committee.

N

The projects install curb ramps and mark crosswalks at the intersection of smith.

N

Road and moore's pike may also install sidewalk along the east.

N

Side of south walnut from winslow to ridgeview, but so rigor.

N

Cooper james was selected from the city's pre-approved consultant list based on their qualifications. The.

N

Compensation for these services is set at a not to exceed amount of fifty three.

N

Thousand one hundred and twenty dollars and staff recommends approval of this.

N

B

Thank you, questions from the board on this item.

H

No, I don't have any questions all right. Any public comment on this item.

B

Hearing none is there a motion on this item.

H

I move that we approve the preliminary engineering contract with blood cell.

H

Right cooper, james for the smith, road at morse pike and.

H

South walnut sidewalk projects; second, all in favor.

B

Hi motion passes.

B

Next is approved, construction inspection contract with strand associates inc for.

B

Crosswalk improvements project, neil copper, again: this is a project that.

N

Improves crosswalks at numerous locations throughout the city.

N

The board has seen this project a few times now.

N

It is funded federally funded through the metropolitan planning organization.

N

For both construction and construction engineering.

N

We do expect construction to begin in 2021.

N

Stanton associates was selected from seven engineering firms that responded.

N

To a request for information to perform the construction inspection.

N

For this project that is required on all federally funded.

N

Projects, the total contract amount for these services is set at a not to exceed amount of fifty two thousand five hundred dollars and staff recommends approval of this.

N

Item. Thank you. Questions from the board on.

B

H

I have no questions all right. Any public comment on this.

B

B

Okay, seeing none is there a motion on this item.

H

I move that we approve construction inspection contract with strand.

H

Associates inc or cross work, crosswalk improvements.

H

I

A second all in favor, aye aye aye motion passes.

B

Next up, we have approved use of right-of-way at 1800 north walnut by.

B

Bloomington indiana properties.

B

The llc also known as collegiate development group.

O

Oh, this is paul kerberg from planning transportation.

O

Bloomington indiana properties, llc, formerly collegiate development group, is.

O

Requesting to close the sidewalk and bike lane, which is adjacent to 1800,.

O

North walnut street, the closure is part of their development.

O

Project and work within the right-of-way includes relocating a water line and replacing the curbs and sidewalks.

O

They will also be utilizing and improving existing.

O

Crosswalk to the south, and also construct a new crosswalk to.

O

The north of their property- and they have an agreement with parks to.

O

Construct a new property, a new sidewalk on the property on the.

O

West side of north walnut street that will provide the walkway to get.

O

Around the construction.

O

The travel lanes for vehicles will be separated with.

O

Water filled barricades and the closure would be in place from september 1st.

O

2020 to august 31st 2022, and I did just want to clarify that the.

O

Times on the closure, application are only for when traffic control will.

O

Be in place and not allowing them to work through all of.

O

Those times, and also uh the closure is contingent.

O

Upon the full executive execution of the memorandum of.

O

Understanding from a petitioner.

O

We've reviewed their maintenance of traffic plans and worked with them on that, and they have sent notices to all the adjacent property owners and.

O

We recommend draining permission for the closure.

B

Thank you, questions from the board on this item.

I

So what would the hours of work be then.

C

I can speak to that. I spoke with adam again. I spoke with.

C

The representatives of this development and they fully understand the local.

C

Noise ordinance for any construction activities.

B

For that memorandum of understanding is that.

B

uh Going through planned mission now the mou is actually with you folks.

C

That's what we sign off on and it just outlines the terms of the.

C

They did enter closure. The separate mou with the parks and recreation department.

C

About the sidewalk and the bond that is part of the gateway projects and.

C

Things like that, that's a separate issue. Our mou is about them. Maintaining you.

A

Know mutcd compliant walk closures.

B

Okay, beth did you have a question? Yes, I just.

H

Wanted to know if the um signage will go up, maybe a week ahead of.

H

Time so that travelers are aware that this is going.

H

To be happening because it's a it's a fairly large lane closure. How early will they put the signage up in the barricades.

O

I'm not exactly sure I can mention that to them.

O

um I just I hesitate to put signs up without.

O

The barricades in place and I'm actually working.

H

Okay, so you're working on that now to see how yeah.

H

That will go up, we can yeah. We can see what that.

C

Paul is this an actual language or two? I thought it was just the sidewalk in the.

C

Bike lane, it's not an actual full road lane closure right.

O

Right, it's just the sidewalk and bike lane yeah and then.

O

They might need to narrow the lanes down a little bit, but it'll still provide the.

O

Two through lanes like it does now: okay, okay, all right.

H

Thank you, I'm clear on that. Thank you.

B

And I took a look at the aerial view of this stretch and it looks like.

B

What I perceive to be happening is that basically we're tapering off the bike.

B

Lane a little earlier than it would naturally.

B

Taper off because it it goes away as you head into the bypass.

B

um So basically we're moving that taper off and bringing the bikes over into the.

B

Regular uh traffic lanes um a little bit earlier.

B

And then it there is a multi-use path in the miller showers park.

B

On the other side, up to that crosswalk is that correct.

B

So, basically, you have a bike and a pedestrian pathway.

B

On the other side of walnut street, on the.

B

Western side, if you will of walnut street until you get to the crosswalk.

B

At which point that drops off so if as a pedestrian.

B

I'm just thinking through what that walkway looks like as a pedestrian. If.

B

You're heading along walnut street.

B

Where are you walking when you get into the construction zone.

B

From that crosswalk does that make sense.

O

Well is a pedestrian on the east side or west side.

O

If they're on the east side, where the construction site ends.

O

Uh-Huh, yes, they will. They will cross on the crosswalk across.

O

And then going where the side path is on the west side.

B

And then they'll pick up a side walk there.

B

um A side all the way through to the bypass. It won't go that far.

O

It will join just south of the entrance to walmart's apartments.

I

That'll be the newly constructed one is what you're referencing right.

I

Yes, yeah, okay, but currently like before that's put in place.

I

They'll have to cut west and then, if they were.

I

Trying to get north they'd have to either go up old state.

I

Road 37, probably well, the sidewalk will be constructed.

O

Before they can close down the other sidewalk.

I

Okay, cool okay, yeah yeah. That sidewalk is.

O

Part of their maintenance for traffic throughout the pedestrians- oh okay,.

I

Got it so so this is mitch, I'm with the developer. Now I guess, can you guys.

P

Hear me yeah, we can hear you it's a little.

B

Muffled but we can hear you yeah sorry uh just to explain. What's going on.

P

So the sidewalk in front of the site will be going away, but before that goes away, we'll we've agreed with the parks department.

P

On putting a new sidewalk in to ignore towers park so that there's no.

P

You know no pedestrian traffic, they can basically cut across the crosswalk and.

P

Go forward on the new sidewalk and then right at the walnut knolls.

P

Apartment, I think that's a private street right.

P

There there's another crosswalk and at that point they can cross back over onto the other side of walnut and pick up.

B

Okay, that makes sense so the construction of that.

B

New sidewalk will happen before the sidewalk closure.

B

On the eastern side of walnut yeah, okay.

B

Are there other questions from the board.

I

No thanks for clarifying that, though,.

B

Is there any public comment on this item? I don't see any in the chat function.

C

B

All right is there a motion from the board.

I

Can I move approval of the use of right-of-way at 1800 north walnut by.

I

Bloomington indiana properties, 1 llc, also known as collegiate development.

I

Q

Until august 20 22.

C

Just to clarify the motion that would be august, 31st 2022.

I

B

All right, we have a motion in a second all in favor.

B

Aye aye motion passes thanks thanks. Next, we have.

B

Resolution 2020-42 approve right-of-way encroachment.

B

Agreement for 1003 east hunter avenue.

Q

Hi, this is sarah gomez, with the planning and transportation department.

Q

um Can you all hear me okay? Yes, we can um so howard, uh fick and catherine.

Q

Phillips owners of property located at 1003.

Q

East hunter avenue are requesting approval for an existing deck.

Q

Encroachment and proposed accessible ranch and ramp.

Q

Encroachment the owners have a reserve parking space.

Q

Approved by the parking enforcement personnel adjacent to their home since.

Q

2013. the parking space is located on faculty.

Q

Avenue the pros proposed, accessible ramp would.

Q

Be installed in order to make their route to that parking space.

Q

Accessible, the request for encroachment includes one.

Q

39 foot five inch long wooden, accessible ramp.

Q

With landings and 27 feet of concrete sidewalk ending at the.

Q

Concrete accessible ramp uh adjacent to the.

Q

Parking space all encroachments are or will be located along the west side of.

Q

The property adjacent to faculty avenue, where there.

Q

Are currently no sidewalks planning staff has approved the czc.

Q

Monroe accounting building department has approved the building permit.

Q

And hand staff has approved the coa. All approvals are in the packet.

Q

And staff recommends approval of the encouragement agreement.

Q

And I believe lucas brown is here um as their representative. Thank you.

B

Are there questions from the board on this item.

H

I have no questions.

B

All right, any public comment on this.

B

B

Seeing none is there a motion from the board on this item.

H

I move that we approve resolution 2020-42.

H

Approve right-of-way encroachment agreement for 1003 east hunter avenue.

H

Second, all in favor, aye aye motion passes.

B

I just want to want to thank you all for your work appreciate your time.

B

Thank you. Thank you.

B

Next up we have resolution 2020-39 approved mobile vendor and public right.

B

Of way- and this is for unomas taco truck llc.

C

Good evening board adam wayson here public works director on behalf of.

C

Marnina, I don't see her on the meeting tonight.

C

This is for a new taco truck uno mas they've gone through all the.

C

Application procedures and since it's a new one, we do ask the board.

C

To take official action through the regular agenda, but we recommend.

C

Approval. Thank you. Questions from the board on.

B

This item, this is for a year with your approval.

C

Yes, yes, okay, okay,.

B

Any public comment on this item.

C

I don't see any no all right seeing none is there a motion from the board.

H

I knew that we approved resolution 2020-39 approval of mobile vendor and.

H

Public right-of-way, for unless chocolate truck, llc.

B

Second, all in favor, hi hi motion passes.

B

Next is approved, seated scooter operating agreement with.

B

R

Thank you board members. This is michael rooker city attorney,.

R

As the board probably knows, because the board is the licensing entity, the city.

R

Currently has three scooter companies that are licensed to operate, shared use.

R

Scooter businesses in the city of bloomington that's bird lime and veo ride. I say I'm here tonight because one of.

R

Those companies vo ride, requested permission to deploy a model of seated scooter called a cosmo.

R

Within the city's right-of-way, because seated scooters do not meet the city's.

R

Definition of motorized scooter, they cannot be licensed using the.

R

Process, that's used for traditional stand-up scooters.

R

So uh therefore we we have the present seated scooter operating agreement.

R

uh Before the board for consideration so that these devices can be deployed.

R

Legally, within the city's right-of-way, uh just some quick, um a quick rundown of.

R

What's in the agreement, the seated scooter operating agreement authorizes vo ride to deploy merely a trial quantity of 25 seated.

R

Scooters these 25 scooters are authorized to be to be deployed for a trial period of eight weeks just and that trial period.

R

May be renewed by city staff, provided that the seated scooters do not create.

R

Issues within the community during the first eight weeks or subsequently viewer ride, seated scooters will be subject to the same.

R

Rules as traditional stand-up scooters with regard to parking and use.

R

So those rules should be familiar to the board. Those were codified by the city.

R

Council, and so we respectfully request that the board approve this agreement for a trial of seated scooters of 25 seated scooters.

R

Excuse me from vo ride. If you have questions.

R

Tonight with me are alex crowley, the city's director of economic and sustainable development. He may want to make some.

R

Comments after this, and also I believe, ben thomas, is here.

R

Who is a representative from vo ride alex? Can you confirm.

R

That uh ben thomas is here alex, is, I think, headed to he's switching over to.

C

His phone, so he can get to a athletic event for a child, so I think.

C

It's me, I don't know if you can hear me adam, I'm here. Oh there you are hi alex.

G

We can hear you out yeah, so I just wanted to thanks. Mike did a great job.

G

Summarizing this, the only thing I would add is uh you know, number one um uh and ben can get into some of.

G

The details, but uh they have launched the scooter in atlanta already so.

G

There's some preliminary learning about how this integrates with other scooter fleets and and um so we're.

G

You know eager to learn a little bit more about that, uh but we are.

G

Containing the initial launch, so that we can see how this plays.

G

Out in the community, and I should also say that veoride has a slightly.

G

Different and unique approach to how it manages its sleep.

G

That other scooter companies typically will remove their scooters.

G

And then return them, which means that mostly they're keeping an eye on their.

G

Scooters at the beginning and then the at the end of the day um they remove.

G

Them to charge them at night, vo ride has a model both for stand-up.

G

And a sit-down scooter that it replaces batteries while leaving the.

G

Device in place, which means that their operating model has.

G

More of a kind of hands-on eyes on the street approach.

G

Which gives us a greater sense of comfort that any issues related to.

G

Parking of these new devices can be and will be addressed.

G

Quickly- and I can let ben talk about that as well, but but that's.

G

That's really the reason for our confidence in.

G

Launching them, uh but also our limitation on this on the size of the.

G

Initial fleet ben, are you there.

G

Yes, I am here, I don't know if you want to add anything.

S

Yeah, you did a great job. uh Thank you board uh for allowing.

S

Us to present this to you um yeah, we are really excited for the opportunity.

S

uh To uh possibly bring the cosmo there to bloomington.

S

um uh We have I've sent to alex, we also have a safety.

S

Our desire for launching these includes also a.

S

A demo period uh whenever we would bring these.

S

Into the city uh to make sure we have demo events where we will be one passing.

S

Out helmets, as well as providing users an.

S

Opportunity to ride and test ride the vehicles before we actually deploy them.

S

Out and to be available for rent, as well as passing out flyers with information, including pricing, how to park them and also proper turn signal uh hand signals things of that.

S

Nature but, as alex mentioned, our operational.

S

Model is 24 7.. We have a local manager there who operates and runs uh our local team there, uh where we are constantly having uh techs on uh on on the clock.

S

24 7., so if any issues do arise with parking or vehicles need to be removed,.

S

And rebalanced to different locations throughout the city, we will have.

S

Team members who can respond within 30 30 minutes to grab that vehicle and.

S

B

Thank you, questions from the board on this item.

H

I'm just wondering about the helmets um and how will you.

H

uh How will the rider access the helmets as they're.

H

Renting the scooter.

S

Yes, yes, so we plan uh here in the next. uh Obviously, students are.

S

Moving in this week, but we plan to do a heavy push in the next two or three weeks uh with tabling events uh on and off campus, uh we have about 250 helmets to pass out.

S

And so uh there won't be helmets necessarily available as.

S

People are renting them uh throughout the day, but we will be using our demo.

S

Events and tailing events primarily to be handing out uh a vast majority of helmets to make sure that we're supplying uh them as.

S

Well in in, uh if need be, we also allow people.

S

To call in or customer service service line, they can't order helmets, so we can.

S

Have those uh shipped into market and then handed out specifically to those users.

H

Okay, so you're planning to launch this as soon as it's approved, you'll, be in.

H

Town soon, that's correct upon upon approval.

S

Approval we will be uh shipping these into town, but then, as I mentioned, we.

S

Will be setting up demo demonstrations before we physically put these out in the street uh for rent okay, thank you and.

B

uh This agreement is an eight-week agreement. Is that correct.

R

It is an eight-week trial period that may be renewed up to five times by city.

R

Staff, provided that our experience with the 25.

R

Scooters is not negative, so that would that would mean a total possible period.

R

Of 48 weeks before the scooters would have to be authorized for deployment again by this board.

B

And what is the the profile of of this like in comparison, maybe to.

B

Either a standing scooter and potentially like a bicycle.

B

Like is, is this: do riders sit about as high as they do.

B

uh Riding a bicycle: are they lower? Are they higher? I don't know like. What's.

B

The difference in how they sit when they're riding in.

B

The right-of-way I'd defer to ben on that that question.

S

Sure, yes, the vehicle itself is about five feet. Long. It's about three.

S

Feet high, so the seat comes about three feet off the ground.

S

So it is a little bit lower in the sense of uh overall.

S

Center of gravity compared to compared to our e-bikes that we have in other.

S

Markets, that's a little bit higher about four feet high. Obviously, that has an adjustable seat, the cosmo that we would be bringing to bloomington uh the seat is stated. It's.

S

Stationary so it doesn't move up and down, but is about three feet off the.

S

A

H

I also wonder about the top speed: how what is the top.

H

Speed for these there's our the governor on them.

S

Yeah, the top speed is 15 miles per hour. They go the same speed as our.

S

Standing scooters, your other ones, okay, thank you.

R

And just to jump in that is a requirement of the agreement and just as.

R

As I mentioned quickly, that mirrors the requirements in the.

R

City code for stand-up scooters 15 miles per hour, is the the max top speed that they have to be governed at on a flat surface.

H

All right, that's that's good! Thank you.

H

Did they bring bicycles in was it feel right to also provide.

H

Bicycles for the city was that part of the agreement, the initial agreement.

G

Mike I can answer that. I can't do that if you like.

R

That sounds good alex go ahead, so uh when we set up the ordinance and the.

G

For the stand-up speeders, we provided the.

G

Option for companies to reduce their per-ride charges.

G

If they were to bring e-bikes uh as part of their package,.

G

So uh if they're only offering stand-up.

G

Scooters that is 15 cents per ride that is paid out.

G

uh To the uh to the city, if they were to bring.

G

um An e-bike um as an option as part of the ordinance that would be.

G

Reduced to 10 cents, uh but we made the judgment because this.

G

Is not e-bike uh that this would not apply this.

G

Sit-Down scooter does not apply to that reduction.

G

So it is optional, it was not required at the time optional. Okay,.

G

B

Any other questions from the board. No any public comment on this item.

C

I do not see any okay seeing none. Is there a motion from the.

B

H

I move that we approve the seated scooter operating agreement with theoret.

I

I second all in favor, aye aye aye motion passes.

B

Next, we have staff reports and other business.

C

uh Good evening, adam wayson public works director again uh just real brief. We.

C

Got the board up speed yesterday, we'll be doing a pretty.

C

Big purchase down at the animal shelter for an incinerator replacement project.

C

That'll be taking place over the next couple weeks.

C

Outside of that, um just want to remind folks of.

C

You know, we've got students returning and uh you know the city.

C

uh As a whole is uh a little nervous about all this, but uh just reminding.

C

Folks to practice all the physical distancing, they need wear a mask when.

C

They're supposed to um you know when physical distancing.

C

Isn't uh possible and go through the next few.

C

Weeks with some grace and patience, um you know do everything you can to stay.

C

Safe out there, um you know we're uh sanitation, crews.

C

Are really really busy right now with all the move-in traffic and the amount.

C

Of stuff being left at the curb, um and so uh just.

C

Public work staff is gonna, be staying busy here, but I hope everybody stays.

C

Safe and well and we'll all get through this together.

C

So have a great evening on. Thank you.

B

Next up is approval of claims.

B

uh Do we have questions on the claims.

H

B

um I had it wasn't so much a question as just a.

B

um I wanted to make note of it. There were two.

B

um Ant bertha charges for the social services system.

B

It may be that split between accounts, but they weren't even splits.

B

So I wasn't sure one was um on page five under cfrd and then the other one was.

B

Page 13, under uh the safe and civil.

B

Department, so related departments.

C

It's probably just a fun how they were being funded. The purse.

C

Being funded from two separate funds,.

B

I didn't have any other questions on claims.

B

If there aren't any other claims questions, is there a motion on claims.

H

I knew that we approve claims nine million six hundred thirteen thousand.

H

Two hundred seventy four dollars and twenty six cents.

B

And if there's nothing else this evening, then I will call for adjournment.

A

A