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From YouTube: Bloomington Board of Public Works, February 28, 2023
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A
A
B
B
Next
we
have
petitions
and
remonstrances
before
we
bring
the
first
items
under
this
category
forward.
I
will
ask
that
if
anybody
has
any
public
comment,
that
is
not
on
the
agenda
this
evening
that
you
go
ahead
and
make
that
now.
So,
if
there's
public
comment
on
anything
that
is
not
on
the
agenda,
now
is
the
opportunity
to
make
a
comment.
B
C
Thank
you
board
members,
Michael
Rooker,
City
attorney
for
the
city
of
Bloomington.
Do
we
have
the
petitioner
here
we
do?
Okay,
thank
you.
I
think
the
petitioner
may
be
here
via
Zoom
on
at
approximately
11
45
pm
on
February
4th
2023.
The
Bloomington
Police
Department
received
a
complaint
regarding
unreasonable
noise
at
the
property
located
at
423
East
Southern
Drive
in
Bloomington
officer.
Chad
Dorman,
who
is
here
with
me
today,
responded
to
the
call
and
arrived
on
scene
at
approximately
12
27
a.m.
C
The
following
day,
February
5th
2023
as
officer
Dorman
approached
the
property.
There
were
a
large
number
of
persons
in
the
vicinity
and
he
could
hear
loud
noise
emanating
from
the
property
from
at
least
100
yards
away.
He's
going
to
testify
to
those
facts
at
approximately
12
27
officer,
Dorman
made
contact
with
Marisol
Sanchez,
who
is
the
appellant
here
and
is
the
an
occupant
of
the
property
Marisol
was
issued
a
ticket
for
unreasonable
noise
and
assessed
fine
to
fifty
dollars.
C
The
facts
establish
a
prima
facial
violation
of
the
city
of
Bloomington
noise
ordinance,
which
says
that
sound
that
is
clearly
audible
to
a
person
with
normal
hearing
from
any
place
other
than
the
premises
from
which
the
source
of
the
sound
is
located.
When
the
sound
occurs
between
the
hours
of
9
pm
and
7
AM
is
prima
fascia
evidence
of
a
violation
of
this
chapter
and
I
believe
officer.
Dorman
is
going
to
testify
to
some
of
those
facts.
D
Hi,
so
when
we
receive
the
call,
we
usually
let
them
pin
for
15-20
minutes
more
or
less
per
Department
policy
that
way
it
gives
it
an
ample
opportunity
for
them
to
turn
down
themselves
while
thus
responding
well
I
did
respond.
I
responded
with
officer
Britton
also
I
want
to
turn
from
Henderson
on
to
East
Southern
Drive
I
could
have
my
windows.
Cracked
I
could
hear
the
music
from
there
traveled
approximately
100
to
150
yards
away
from
the
intersection
to
where
the
residence
is.
D
When
I
first
arrived,
there
were
several
people
outside
the
residence
in
the
road
and
coming
in
and
out
of
the
doorway
facing
to
the
east
to
the
residence
I
arrived
I
made
contact
with
a
intoxicated
female
ended
up
finding
out
later
on.
That
was
the
other
roommate
that
lived
there
once
I
did
speak
to
Miss
Sanchez,
Miss,
Sanchez
I.
Believe
main
concern
is
not
receiving
a
warning,
usually
with
something
this
size.
B
Thank
you
and
if
the
appellant
is
on
the
line,
does
the
appellant
want
to
make
any
comments.
B
B
Yeah,
if
you'd
like
to
just
say
anything
about
your
account
of
that
night,
you're
welcome
to
now.
E
When
the
police
officers
got
there,
I
definitely
complied
with
every
single
thing
that
they
needed.
My
ID
everything,
but
before
the
police
officer
got
there,
I
did
already
like
dismissed
everyone
from
being
there.
That's
why
there
was
people
coming
in
and
out,
because
I
was
telling
people
to
leave
so
before
the
police
got
there.
E
I
was
de-escalating
everything,
so
therefore,
I
I
do
wish
that
it
would
have
been
a
warning
instead
of
a
ticket,
because
everybody
was
already
gone
more
while
leaving
and
I
did
comply
with
everything
and
the
female
that
was
intoxicated
that
the
police
officer
described
was
not
my
roommate.
E
B
F
C
Yeah
that's
correct
under
the
code.
First
offense
is
a
fifty
dollar
fine,
which
is
what
Ms
Sanchez
was
cited
for
here
again,
depending
on
the
circumstance.
If
it's
not
an
enormous
amount
of
noise
or
it's
not
an
enormous
party,
an
individual
officer
might
exercise
some
discretion
and
simply
ask
somebody
to
turn
the
volume
down
on
a
TV
or
something
like
that.
If
that's
the
nature
of
the
complaint,
obviously
that's
not
what
you
heard
the
officer
describe
today.
B
Are
there
any
other
public
comments
from
any
others.
C
Thank
you
board
members,
Michael
Rooker
again
at
approximately
4
16
p.m.
On
February
18
2023,
the
Bloomington
Police
Department
received
a
complaint
regarding
unreasonable
noise
at
the
property
located
at
437
East
16th
Street.
In
fact,
I
believe
they
received
multiple
complaints,
officer,
Colin
Deckard
responded
and
approached
the
property
in
his
Patrol
vehicle
from
several
blocks
away.
Officer.
C
Deckard
is
here
and
is
going
to
testify
in
a
minute
that
he
could
hear
noise
emanating
from
the
property
from
as
far
away
as
Lincoln
and
16th
Street,
as
well
as
from
16th
and
Grant
Street
Lincoln
is
approximately
two
blocks
from
the
property
at
approximately
4
49
pm
on
February
28th.
Excuse
me,
February
18th
officer
Deckard
made
contact
with
William
Johnson
the
appellant
and
issued
him
a
ticket
and
a
sestifying
of
fifty
dollars
for
unreasonable
noise.
The
facts
established
that
the
noise
emanating
from
the
property
was
unreasonable.
C
G
Helloborn
officer
Deckard,
Balloon,
City
police,
so
on,
let's
see
here,
February
18th
2023.
According
to
Monroe
County
Social
dispatch,
the
cad
record.
They
received
a
noise
complaint
for
the
address
at
437,
East,
16th,
Street,
Northwest,
Illinois
complaint
at
the
time
of
4
16
on
February,
18
2023
and
additionally,
they
received
another
noise
complaint.
G
A
short
time
after
that,
within
about
one
or
two
minutes,
I
arrived
at
the
scene
at
around
4
37,
in
which
traveling
around
was
that
16th,
Street
and
Lincoln
I
could
hear
the
noise
coming
from
the
East,
which
is
the
direction
of
the
47437
East
16th
Street.
When
I
got
closer
to
Grant.
I
could
still
hear
the
noise
in
which
I
could
pinpoint
that
the
noise
was
strictly
coming
from
437
East
16th,
Street
I
approached
the
residence
spoke
to
William.
G
There
was
a
speaker
outside
or
in
the
doorway
cannot
recall
correctly
pointing
towards
the
road
explain
to
William
that
we
received
a
noise
complaint.
He
gave
me
his
information
while
is
while
advising
resolution
you
made
noise
complaint
or
noise
citation
I
explained
to
him
that
the
Ordnance
code
1409.0303,
and
which
another
Resident
wanted
to
do
her
own
research
and
I.
G
Don't
remember
who
this
female
was
but
continued
to
tell
William,
but
not
to
sign
the
ticket,
because
in
that
she
that
he
should
read
the
whole
orange
code
in
which
it
became
I,
don't
think
I
violated.
This
I
told
him.
I
was
going
to
argue
with
it
so
on
the
citation
I
wrote
refused,
and
that
was
the
end
of
the
inner
counter.
G
It
was
country
music,
Luke,
Combs,
I,
can't
remember
the
actual
name
of
the
song.
H
Johnson
good
afternoon,
ladies
I'm,
here
to
appeal
my
noise
complaint
I,
don't
think
the
music
was
that
loud.
We
were
very
conversational
in
front
of
the
speaker
and
there
wasn't
a
ton
of
people
around.
So
it
was
very
easy
to
communicate.
It
was
country
music,
so
there
was
no
profanity.
No
loud
beats
nothing
like
that.
Nothing
that
would
be
disturbance
of
the
piece.
The
third
thing
the
officer
did,
mess
up
twice
on
the
ticket
that
he
wrote
me.
He
messed
up
my
sex
and
my
race.
F
C
Standards
are
slightly
different
outside
of
that
time.
It's
not
prima
facie
evidence
of
a
noise
violation
simply
because
the
noise
can
be
heard
heard
off-premises,
so
the
standard
we
have-
and
it's
in
the
staff
report-
is
it's
unlawful
for
any
person
to
cause
or
make
any
unreasonable
noise
or
to
allow
any
unreasonable
noise
to
be
caused
or
made
in
or
on
any
real
or
personal
property
occupied
or
controlled.
By
that
person,
the
code
does
give
a
little
bit
more
meat
to
the
term
unreasonable
noise.
C
It
says
for
purposes
of
this
chapter,
unreasonable
noise
shall
mean
sound,
that
is
of
a
volume,
frequency
or
pattern
that
prevents
disrupts
injures
or
endangers
the
health,
safety,
welfare,
Prosperity,
Comfort
or
Repose
of
reasonable
persons
of
ordinary
sensitivities
within
the
city
of
Bloomington.
Given
the
time
of
day
or
environment
in
which
the
sound
is
made
here,
we
had
two
calls
that
came
into
the
Bloomington
Police
Department,
stating
that
the
noise
was
unreasonable.
You've
heard
the
officer's
testimony
that
he
could
hear
the
noise
from
as
far
as
two
blocks
away.
B
Next
up
we
have
the
consent
agenda
under
the
consent
agenda.
We
have
approval
of
minutes
for
January
14th
of
2023.
We
have
bonding
agreement
with
Indiana
University,
bonding
agreement
with
city
of
Bloomington
utilities
resolution
2023-05,
Declaration
of
surplus
fleet
vehicles,
resolution
2023-08
Declaration
of
surplus,
its
revised
2023
service
agreement
with
Precision
concrete
ink
to
remove
sidewalk
trip
hazards
and
approval
of
payroll.
Do
we
have
any
items
that
need
to
be
removed
from
the
consent
agenda
this
evening?
B
All
right
one
note
I
just
want
to
correct
myself:
I
read
the
report,
it
it's
actually
the
minutes
from
February
14th
2023.
B
J
Hello,
everyone
stack
stack,
recommends
the
approval
of
the
memory
of
understanding
with
Duke
and
injury
Incorporated
for
the
upcoming
Final
Phase
of
the
Duke
reliability
project.
It'll,
connect
transmission
lines
between
the
substation
on
14th
and
done
to
the
substation
on
11th
and
Fairview
city
has
previously
worked
with
Duke
Energy
to
negotiate
two
prior
phases.
Phase
one
was
completed
in
2019
phase.
Three
is
currently
underway.
J
Both
phases,
both
phase
two
and
three,
are
hope
to
be
completed
by
Spring
of
24,
the
installation
of
transmission
lines
for
phase
two
result
in
a
loss
of
approximately
16
city-owned
Street
trees.
Duke
Energy
has
agreed
to
compensate
the
city's
6443
dollars
and
20
cents
for
the
loss
of
these
trees.
This
money
will
be
used
to
replant
sweet
trees
in
Bloomington
along
this
line.
J
This
project
will
also
necessitate
working
the
right-of-way
and
on
trails
in
this
mou.
Additionally
outline
steps.
Duke
Energy
will
take
to
coordinate
with
the
city,
including
the
board
of
Park
Commissioners
and
the
Board
of
Public
Works,
foreclosures
and
other
impacts.
F
I
B
K
Good
evening
Roy
ayton
with
the
city
of
Bloomington
engineering
department,
this
project
was
awarded
on
May
11
2021,
the
Milestone
contractors
in
the
amount
of
2
million
five
hundred
seventy
two
thousand
four
hundred
fifty
five
dollars.
The
project
instructed
a
protected
bike
lane
along
7th
street
from
the
beeline
Trail
to
Woodlawn
Avenue.
K
F
K
F
B
K
Roy
810
again
with
City
engineering.
This
project
was
awarded
Milestone
contractors
on
April
12
2022
in
the
amount
of
1
million
one
hundred
ninety
two
thousand
901.58
this
project
installed
in
the
multi-use
path
on
the
north
side
of
17th
Street
from
Walnut
Avenue
to
Grand
Street
change.
Your
number
one
this
evening
will
add
twenty
five
thousand
four
hundred
fifty
three
dollars,
and
this
was
for
additional
work
at
the
Red
restaurant,
the
corner
of
17th
and
Walnut
change.
Order.
K
Two
we'll
also
add
two
thousand
fifty
four
dollars
and
twenty
eight
cents,
and
this
was
for
some
additional
curb
work
that
we'd
ask
the
contractor
do
at
the
intersection
of
17th
and
Grant.
Pending
approval
of
these
change
orders
and
funding
approval
through
the
Redevelopment
commission,
the
final
contract
price
will
be
one
million
two
hundred
twenty
thousand
four
hundred
and
eight
dollars
and
86
cents.
F
B
K
K
With
the
bids
that
were
opened,
the
lowest,
responsive
and
responsible
bidder
was
blue,
stone,
Tree
Incorporated,
and
we
asked
that
the
board
approved
the
contract
for
blue
stone
tree
to
remove
the
trees.
F
B
L
Hi
Patrick
durges
engineering
department,
the
Adam
Street
sidewalk
project,
was
a
program
through
Council
sidewalk
and
has
been
in
design
since
2021.
L
We
now
have
approval
for
funding
through
Council
sidewalk
and
also
through
Community
Development
block
grant
for
140
000.,
the
sidewalk
will,
or
the
project
will
construct
sidewalk
on
the
west
side
of
Adams
Street
from
Kirkwood
to
Fountain
the
existing
right-of-way
along
that
road
is
not
sufficient
to
construct
the
sidewalk,
so
we
need
to
purchase
right-of-way
from
Seven
Parcels.
L
Those
seven
Parcels
are
detailed
in
appendix
a
of
the
packet.
Ask
the
board
to
support
this
resolution.
So
we
can
proceed
with
the
project
happy
to
answer
any
questions.
L
L
L
This
right-of-way
process
is
costly
because
there's
a
consideration
of
Damages
as
you
get
closer
to
someone's
front
door,
it
moves
them
out
of
they
would
be
a
legal
non-conforming
building
with
the
movement
of
the
right-of-way,
but
it
would
prevent
them
from
future
expansion,
at
least
towards
that
right-of-way,
so
there'd
be
damages
with
that.
F
B
I
Jason
Kerr
engineering
here
with
three
areas
for
AEG,
requesting
lane
closures
and
sidewalk
closures.
It's
a
continuation
of
the
city-wide
fiber
project,
three
areas
that
are
entertained
this
evening
is
University
Street
area
near
Tamarack
Trail,
which
is
off
of
Dunn
and
up
on
Acuff
Road
along
kinzer.
Again
looking
for
lane
closures
and
sidewalk
closures
to
let
this
project
proceed.
B
All
in
favor
aye
aye
motion
passes.
Thank
you
thanks.
Next
we
have
resolution
2023-09,
IU,
Carnival.
A
There
is
requesting
permission
to
close
7th
Street
between
Indiana
Avenue
and
North
Woodlawn
to
host
an
IU
Bloomington
Carnival
featuring
large
carnival
rides
food
trucks,
live
music
games,
prizes
for
IU
students
and
their
guests
to
celebrate
the
end
of
the
semester,
but
is
also
open
to
the
public
if
they
wish
and
I
do
have
the
organizer
here
on
Zoom.
If
you
have
any
questions.
A
B
We
talked
a
little
bit
during
the
work
session,
just
confirming
the
route
for
the
closure.
Is
there
along
7th
Street
from
Indiana
Avenue
to
North
Woodlawn
Avenue
and
that
there
is
no
longer
a
rain
date,
so
that
was
an
adjustment
correct.
A
A
I
guess
that's
me
again:
April
Rosenberger,
Pebble,
Corks,
And
I
have
no
staff
reports
all
right.
All
right.
Adam
took
care
of
that
yesterday
and
his
brief
update.