City of Bloomington, Indiana City Council, 5 Feb 2020

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From YouTube: Bloomington City Council, February 5, 2020, Part 1

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meeting agenda: https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=5432

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Testing 1 2 3 is this on testing 1 2 3.

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This will come to order. This is a meeting a regular session of.

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The bloomington common council for wednesday february 5th 2020 well the.

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Clerk, please call the roll councilmember rallo here here- tsimmes rollin here here.

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Smith, here burt here we have a quorum. All members are present. Here is a.

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Summation of the agenda for tonight we will approve minutes. We will hear.

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Reports from council members, the mayor and city offices, including a report on.

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The sustainability action plan we will hear from council committees and then.

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Members of the public on items that are not on tonight's agenda, we will.

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Entertain: appointments to boards and commissions, we will hear legislation for.

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Second reading and resolutions, including ordinance 2003, to amend title 4 of the.

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Bloomington municipal code entitled business licenses and regulations.

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Re-Adding chapter 4.3 to non-consensual, towing businesses and ordinance 2001 to.

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Amend the city of bloomington zoning maps by rezoning a 3.2 acre property.

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From commercial limited to a planned unit development and to approve a.

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District ordinance, a preliminary plan regarding 105, south pls drive courier.

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Urban properties, petitioner, we will then go to legislation for first reading.

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Which will include ordinance 2004 to amend the city of bloomington zoning.

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Maps by rezoning property from business park and residential single-family to.

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Join an existing plan unit development and to approve the associative district.

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Ordinance and preliminary plan regarding 1550 north arlington park drive trinity.

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Oz petitioner, we will entertain additional public comment review the.

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Council schedule and then adjourn: why don't we start with the approval of.

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Minutes does anyone have a motion? Yes, I move that the council suspend the rules.

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And consider the minutes listed for approval this evening in the ordinary course of business.

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If a motion in a second, can you elaborate? Yes, we have before us minutes.

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From 2006 that were presented to us for approval about 18 months ago in 2018 and.

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We would normally let me try to see it so when the membership of a deliberative.

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Body changes, robert's rules of order recommends that a committee review the.

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Minutes and make a recommendation for their approval, so the membership of this.

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Body, the city council has obviously changed since they used minutes of 2006.

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But, given that we've all had a chance to read the minutes and check them, we can.

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Make a motion in order to take them up in our ordinary course of business, which.

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Is the motion that I just made, rather than referring them to a committee? Mr.

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Sherman did I capture that accurately? Thank you. Thank you for that explanation.

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Are there any questions from members about the approval of these minutes.

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Seeing none I'll entertain a motion to approve so moved.

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Shall we make this a roll call vote? Madam clerk.

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Let's try this again that counts member rallo. Yes, miss gamble, orie rosenberger.

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Yes, sims bowling; yes, piedmont, smith, yes, flirty! Yes, smith! I'd.

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Like to abstain, okay, do that sandburg! Yes, that's 8:01. The minutes for the 27th.

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28Th to 29th of november and the 4th 7th 11th, 13th and 14th of december 2006 have.

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Been accepted are there any other minutes for room? Okay? Let's go now to.

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Reports from council members I'll start on my sorry, instead of my right with.

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Customer rallo customers campbell laurie. Thank you to those residents who joined.

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Us for my constituent meeting on saturday, they will be held the first.

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Saturday of every month, 130 here in the mccloskey conference room and they are.

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Open to the public, thank you. Councilmember rosenberger.

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Report councilmember sims, no reporter sandburg. I have already made mention of.

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The passing of peter jacoby recently and recently we have also lost some.

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Tremendous contributors to our arts community- I want to make mention of.

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Michel wilkerson, who was a faculty member with the arts administration.

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Program at spea, who recently died too soon, as well as in.

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Yesterday's paper, we read of the passing a pulse term who, for those of us that.

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Knew him he was a force of nature like no one else. He had a personality. That's.

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Larger than life- and it's really hard to imagine him not being with us again, he.

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Was an active member, as was michael wilkerson of the bloomington arts,.

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Commission so many boards, so many supports for lotus and.

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The just it's it's just hard to imagine the passing of those two individuals so.

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I do want to give them tribute. I want to offer thanks for their service, but the.

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Gentleman, whose obituary also appeared in yesterday's paper, along with paul.

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Sturm, who I wish to pay tribute to is someone that was very personal in my.

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Life and that's robert stoll, who was the director of many years with the school.

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Of music and the iu singing hoosiers- and this is a gentleman who was a consummate.

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Professional, he was a gentleman, he had boundless energy and he taught.

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Some of the most valuable lessons in life that I have ever learned that I.

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Still use to this day in my daily activities and in my professional.

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Pursuits, I hope all of us have experienced a teacher in your life who.

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Is a mentor and a true guide? Who really does teach you not to accept anything.

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Less than what is good, what is exceptional and, and what is perfect, he.

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Was an incredible person in my life, as well as anyone who had the privilege of.

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Being a part of the school of music and the iu singing hoosiers so again, a lot.

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Of loss to the arts community in a fairly short time and again, my thanks to.

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Robert stoll and everyone that he has touched throughout his teaching and his.

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Incredible and ethical life. Thank you. Thank you. Councilmember smith,.

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I'd like to thank everybody who participated in a little coffee, we had.

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On saturday, at need more coffee too, because the development on 100, 105 or.

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103 p delos drive, so that was really helpful to me. I learned a lot and I will.

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Try to be a good advocate for for your comments and the information you pass.

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Them on so thank you, councillor, flaherty yeah. We have a local journalist, dave.

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Askance who's in the audience tonight who wrote an opinion editorial earlier.

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This week, the subject of which was indiana's open door law and he invited.

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Council members to report and and share their thoughts about the mayor's local.

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Income tax proposal, which was announced on january 1 of this year at this.

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Meeting and I'd like to oblige, so I'm gonna give a little bit of background in.

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Context and then explain what work I've been doing on this proposal and and.

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Issue so by way of background, indiana's open-door law regulates and provides.

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Guidance on for the the meetings we all have as council members and and how.

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They're open to the public when a quorum of members is meeting to conduct.

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Official business there are exceptions and and narrow the carved rules around.

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This one that one is called a caucus exception, which was the subject of mr.

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Askins editorial a caucus, as defined in the statute, says it is a gathering of.

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Members of a political party or coalition, which is held for purposes of.

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Planning political strategy and holding discussions designed to prepare the.

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Members for taking official action so that's a very narrowly prescribed.

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Allowance for members of a coalition or political party to meet and discuss.

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Political sort strategy, and, while I'm new to this body, my understanding is.

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That the city council and I think our county council colleagues as well, have.

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Have used this exception from time to time to do exactly that, to discuss political strategy around certain issues, and we have done so in my time on the.

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Council so far this year and I think that's a legitimate use as allowed by.

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The state legislature, in fact I spoke with our indiana local sorry, public.

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Access councilor, luke britt up at the accelerate indiana municipalities.

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Conference a couple weeks ago about this very issue.

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Clarifying my understanding, it is my intent to follow it, assiduous li and and.

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Make sure that we are open and forthcoming in our deliberations and.

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Conduction conducting of official business as the open door law prescribes.

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So that said and explained I'll add a little context from mr. haskins.

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Editorial he noted that he believes a lack of public discussion over the last.

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Month by the city council about a proposed local income, tax increase could.

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Be due to the council's use of the caucus exception in the open door law, he.

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Knows that is the city council, not the mayor that has yet the ability to enact.

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A local income tax increase and he noted that this topic has not appeared on a.

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Regular meeting agenda, he posits that one possible explanation for the silence.

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Is that the city council has been discussing the local income tax council in closed caucus gatherings, shielded from public view, instead of at as public.

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Meetings so I wanted use my report to clarify that that is not the case. We.

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Have not been discussing this issue in caucus beyond in mere passing, as it.

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Relates to a political strategy but has not been the subject of serious discussion, I have been putting in a fair amount of work in this area, but it has.

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Not been a caucus meetings, so I wanted to use another minute or two of my.

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Report time here to clarify the work I have been doing so again, additional.

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Context, the mayor on january 1 proposed a 0.5% change in our local income tax to.

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Help provide additional revenue to ensure that bloomington has a strong and.

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Resilient economy and community for decades to come in a world that is.

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Facing substantial environmental disruption and a changed climate will.

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Hear our report from staff later tonight about how our actions on a.

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Sustainability action plan are going so as we explore this possibility this. This.

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Initial proposal from the mayor I and a few other council colleagues have begun.

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To to have some meetings and and and think about next steps and how to get.

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The public involved in a really meaningful way, which I think is important. The public should have a central role in in shaping how this.

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Proposal is crafted and I think also getting our local income tax.

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Councilmembers, especially, and including our county council colleagues involved.

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In a meaningful conversation about this proposal, so the meetings I've been.

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Having have been with other city council members, members of staff.

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Members of the county council, other stakeholders, including the chamber of.

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Commerce, folks from iu's environmental resilience institute and others, these.

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Have all been what I would call ordinary business meetings in the conduction in.

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My conducting business related to this issue. Typically, these meetings are two.

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Or three or four people, sometimes with one or two other council members, but not.

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A quorum and and thus not subject to the open-door law, there aren't public.

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Meetings as as described in the open door law, any any notes or records or.

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Emails related to those exchanges would of course be subject to the the public.

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Records act which, which has to do with with what is a public record in the.

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Course of business, but I guess I wanted to clarify that that mr. haskins worst.

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Fear about what might be happening in a caucus related to this proposal is just.

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Simply not accurate, there have been meetings, it hasn't been a subject of the.

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Agenda yet at a council meeting, but it will be soon we're nearing you know a.

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Agreement on what makes sense, in terms of next steps for public process how to.

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Get the public involved in a in a community conversation, but that takes a.

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Little time to to have those conversations and set a date and make.

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Sure the right people can be involved and figure out what it is you want presented at a meeting like that. So that's the type of preparation work, I've.

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Been doing in relation to the mayor's proposal, but a local income tax increase.

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So I wanted to take this this moment to clarify all that and I'd be happy to.

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Speak with mr. haskins further about those details, but I I thought it would.

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Be relevant for the members of the public who read that piece and who were interested to hear some of the ongoing work that has happened and in what.

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Context that has occurred. Thank you, councilor, piedmont, smith. Yes, I want to.

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Thank my colleague, councilmember flaherty for his report, because it.

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Reflects really what I would have said as well, and that is that the open door.

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Law exception for caucuses has not been used to discuss this particular proposal.

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From the mayor I would like to accept maybe.

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Tangentially, but I would like to add that the proposal from the mayor on a.

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New year's day at his swearing-in and our swearing-in was not something.

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Discussed with city council members beforehand, so we have not had time to.

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Develop ideas of how to implement this tax and how to work with the public and.

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Our colleagues in elseville and on the county government to discuss this.

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Possibility so if it seemed like there was an announcement and then radio.

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Silence, it is perhaps because the announcement.

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Came from one body, the mayor and his office and the radio silence has been.

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Attributed to another body, you know, if maybe the proposal had come from us and.

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Then we had been silent for four weeks, then I could understand some skepticism.

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From the public, so for myself personally, as an elected representative, I am in.

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Support of raising funds to address the economic and social changes that will.

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Undoubtedly impact our community due to climate change. There are many projects.

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That are necessary to become a resilient economy in the face of these changes,.

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Including spending expanding our bloomington transit services and there.

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Are currently not other identified funds to pay for these expensive changes that.

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We need in our community, so with that in mind, I am initially very much in favor.

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Of the proposal, but it remains to be fleshed out and I very much value.

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Talking with our county colleagues and making sure that we are on the same page,.

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It is currently the law that the local income tax council has 100 votes and 58.

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Of those go to the city council, so we currently have a majority, although that.

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There are some noises at the state level that that may change, but to me that does.

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Not mean we should act unilaterally, not at all. We can get a lot more done if the.

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County and the city work together on making the changes needed and just as a.

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Matter of fairness, I think it would be much much more appropriate if a majority.

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Of the county council also we're in favor of the tax, because it affects.

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Everybody in the county, so those are my comments for this evening and again I.

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Welcome any journalist who is wondering about decisions made or decisions, not.

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Made to please reach out to us individually, because I'm not aware that.

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That was the case in this particular journalists. Opinion piece. Thank you.

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Thank you. I've got two items to mention tonight. One is I wanted to echo the.

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Eulogies, given so eloquently by counsel for sandberg to the members of the arts,.

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Community we lost, I did not know bob stole, but I knew that I know the.

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Reputation of the singing hoosiers, which is worldwide and his his loss, is a great.

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One as his pulse terms, he was a friend of wfh b and a composer of some note.

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Among many other artistic endeavors that he engaged in and he was a cut-up as.

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Well- and he will be greatly missed- I did want to say a word to about micro person.

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Who I served with on the lotus festival board of directors about 20 years ago?.

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And you know universal universal opinion of him was a stand-up guy who supported.

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People who were artists or seeking careers in the arts- and I was proud to.

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Count him as a friend, so I you know with all three of these men.

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Will be missed tonight? I also wanted to mention that you know we. I have been.

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Trying to instill a new kind of meeting discipline where we start paying.

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Attention to the time that we use, and so people can see that for several months.

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I've been experimenting with timers and the chambers that have had some success.

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And I've been trying to promote procedures involving committees that all.

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In the interest of preventing late-night meetings, we have a 10:30 rule for a.

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Reason- and I want to respect it- it's gonna try to make sure that this meeting.

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For example, does not go past eleven o'clock, no matter what, but it means time.

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Limits on everybody, including council members, I take that very seriously and.

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I'll be proposing various motions tonight to limit the amount of time that.

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People can speak. I just want to let my colleagues know that if issue is really.

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Pressing and we need to take a few more minutes to discuss a given item, we can.

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Do that with a two-thirds vote, I will just ask that we use that that privilege.

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With caution that the overall goal is to spread the deliberation over calendar.

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Time if we have to rather than to go all night, I don't think that we're going to.

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Need to go all night tonight, but we will have a couple of pretty heavy topics to.

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Discuss so with that councillor, piedmont, smith,.

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Has one additional thing to say: use your privilege wisely.

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I so I said that at a caucus meeting we only spoke tangentially of the proposed.

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Local income tax and I need to correct myself because it actually wasn't agenda.

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Item but it was not, it was more about getting an update from the mayor on his.

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Thoughts on it and not any strategy or plans for implementing it or ideas for.

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How to use it- or it was not really substantive, so I just wanted to correct.

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That, since it was actually an item, we talked about, thank you. We know no legal.

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Fashion, we now go to reports from the public. Is there any member of the public.

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Who would like to speak on an item? Not the subject of legislation tonight raise.

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Your hand please, oh I'm, so sorry, I skipped my bad, I'm so sorry and we have.

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Council committees as well, I I skip down we're going now to reports from the.

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Mayor and city offices- I believe mr. mayor is here to represent.

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Me thank you for that comment. I appreciate that thing. I won't be long.

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I do have to say thank you for for letting me be here with you. It is a.

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Momentous day in american history in washington dc, I hate to bring that up.

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But for the third time in history of our country we had an impeachment. It was an.

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Acquittal today, from my perspective of deplorable conduct at the presidential.

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Level and shameful conduct at the senate level. I will only say it is a reminder.

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Of how important local government is in these days to demonstrate integrity to.

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Reflect our values and to work together to fix problems and meet challenges. So I.

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Look forward to doing that with you, I'm here, to introduce the annual progress.

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Report on sustainability, which lauren travis, will share in a moment summarizing substantial progress that we made in 2019 toward the many dozens of.

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Goals of the very ambitious sustainability action plan adopted in.

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2018 in the past year alone, there are a number of accomplishments that we can be.

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Proud about, among them, opening switchyard park.

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Creating cultivating green space, restoring degraded land, a leed building.

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Raised garden beds, daylighting streams, creating habitat planting trees,.

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Promoting accessibility and alternate transportation options and really.

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Creating a quality of life as asset for all contributing to equity in our.

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Communities second, noting we have installed thousands of smart water.

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Meters in 2019, which will give us much better control over usage and.

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Conservation and eliminate the driving of multiple vehicles checking meters.

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We've also developed several transportation plans to better assess.

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How people in bloomington can and should get around with a goal toward limiting.

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Our carbon footprint, including the transportation plan b t's route.

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Optimization study and a transportation demand management plan to be released.

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Very soon there are many other accomplishments, including the you do.

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Let's not forget that and stormwater grants and many others and some not.

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Completed but most importantly, we are building momentum and leading our city.

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Is recognized on the state, national and global level for climate action winning.

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The greening the government award at the state level earning epa's green power.

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Partner status at a national level and as a member of the global covenant of.

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Mayors of over 10,000 cities and local governments across the globe with.

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Rigorous yearly reporting to the carbon disclosure project, which declared us a.

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Top city demonstrating climate leadership, the sustainability plan is a.

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Living document with a five-year timeline through 2023 with the goals we.

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Have yet to meet we're looking closely to see how best to sequence them over.

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The coming years, nothing is being dropped. Climate change is an existential.

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Threat to our planet and everyone has a part to play in responding. Thank you for.

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Embracing the sustainability plan since 2018, and for cooperating and leading in.

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Our community's momentum, we offer tonight's progress report and.

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Subsequent reports to the community and to the council in the interest of.

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Transparency and accountability for us all. I want to thank our sustainability.

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Director loren travis, who works hard every day to move our community forward.

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In this regard- and I thank you lauren for presenting the report and sharing.

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More details with the council and the public. Thank you. Thank you. The report.

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Will be 15 minutes and there'll be five minutes of questions whenever you're.

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Ready, thank you mayor for introduction. My name is loren travis and I have the.

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Pleasure to serve as bloomington's assistant director of sustainability in.

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This role, I am fortunate to work with every department and the community to.

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Reduce our environmental impacts, I'm here today to provide counsel with a.

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Progress report on bloomington's achievements of the goals of the 2018.

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Sustainability action plan, the.

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Sustainability action plan was the first of its kind for bloomington the intent.

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Of the plan was to provide the community with a five-year roadmap and strategy of.

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How to make bloomington more sustainable? The eight chapters include.

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Recommendations of ways that we can work together to reduce our emissions waste.

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And water use, restore the natural environment and increase access to local.

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Food, this represents the end of the plans first year of implementation as a.

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City, we are learning as we implement the recommendations about what it looks like.

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To build a thriving and resilient community and how to become more.

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Proactive in the face of a rapidly changing climate.

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Bloomington's vision is to lead in sustainability by working.

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Collaboratively as a community to combat difficult challenges like addressing the.

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Impacts of climate change, preserving ecosystems and advancing sustainable.

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Practices in all aspects of our daily lives, the city is working to lead by.

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Example, this plan is the first time that we have.

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An integrated cross, departmental effort to cohesively implement these.

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Sustainability practices into city operations and across the community.

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These goals are measurable and we're identified and prioritized based on.

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Substantial public and staff input to align with past city goals and success.

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Is 2019, as the mayor mentioned was a year of action and the city achieved.

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Many milestones of the 50 actions planned for last year, time and energy.

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Were put towards the ones that were the most fundamental to meeting the plans.

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Objectives, 10 others were not completed by the end of the year, but those goals.

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Are still in progress, others were not met because either they are no longer a.

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Strategic priority right now or either slowed down to technology, staffing or.

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Capacity issues, the 2019 actions that I outline and later in the presentation.

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Were bold, ambitious and challenging to achieve here are some examples of what.

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We achieved in the last year, the city measured, the community's greenhouse gas.

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Emissions to evaluate our contributions to climate change and created new.

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Policies such as incentives for construction to meet higher sustainability standards, the city supported expanding solar power.

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Generation and began the process of switching city and transit fleets.

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Towards electric vehicles, one year ago we had little information about water.

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Usage today, thousands of new water meters are installed across bloomington.

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With last year's focus on local food access, the city started improving the.

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Understanding of issues of community access to local, fresh and healthy food.

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20:19 was also the debut of the largest park in city. History switch art park, the.

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City still has many opportunities for growth in 2020 improvements to waste.

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Reduction practices and alternative transportation, as well as closer.

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Collaboration with other sectors to promote practices, I have provided.

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Counsel with a reference report to offer more details about our progress, while I.

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Have limited time today I recommend reviewing the full 2019.

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Progress report which can be found on the city website, developed in.

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Conjunction with our director of innovation, I will now highlight the areas that we have made the most progress in the last.

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Year, the initiatives of greater impacts are circled on my slides, the 2018.

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Greenhouse gas report was presented to the community to illustrate the sources.

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Of bloomington's carbon pollution and contribution to the climate crisis, the.

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Report confirmed that the focus of bloomington's emissions reduction moving.

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Forward are an energy use, transportation and waste management. The city is.

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Actively organizing to respond to the climate, shortly after the report released, the mayor convened a climate action team of.

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Department heads to better mitigate and manage the city's contribution to.

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Emissions, the city is actively developing strategies to assist the.

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Community and overall reduction in preparation for climate impacts, now that.

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The city has established a consistent methodology for measurement the.

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Administration under the economic and sustainable development department's.

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Leadership is working towards the next sustainability action plan goal. This.

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Year, we are conducting bloomington's first climate vulnerability, assessment.

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And action plan: this is the next step identified to position the city to.

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Better prepare for increasing flooding and heat impacts that bloomington is.

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Already experiencing it is becoming more common in new construction to design.

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Buildings with sustainability in mind, the updated, unified development.

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Ordinance, you do promotes more sustainable land use and development.

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Standards in 2019 planning a transportation led this process to.

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Revise incentives for building practices for new construction; these incentives.

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Will help encourage developers to adopt sustainable building features and the.

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Utilization of this incentive will be tracked and reported on next year. There.

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Is leadership in sustainable design already happening in our community.

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Through green building certification, three new leed certified buildings were.

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Built on iu's campus and the switchyard pavilion and cascade clubhouse have.

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Applied for leed certification, in accordance with the city's green.

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Building ordinance for municipal buildings, we have another exemplary.

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Sustainable business practice close by with the adaptive reuse of the mill, the.

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Mill actually receives the indiana landmarks top award for outstanding.

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Restoration last year, these sort of practices are the ones that helped.

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Bloomington to receive a grant from u.s. bank to be part of a small group of.

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Cities to complete a certification through leed for cities and communities.

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Which will be complete by the end of this year? Bloomington has been.

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Continually supporting the growth of solar energy and was recognized in the.

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2019 as an epa green power partner for our generation on city facilities, now.

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That 32 sites are installed an operational.

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Chené has nearly doubled in over the last year in terms of solar power, the.

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City and nonprofit partnership to support solar eyes bloomington has.

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Exceeded expectations and over the last three years, solarized has resulted in.

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Over 250 homes in bloomington and monroe county with solar forty-eight separate.

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Households signed contracts for the residential solar initiative in 2018 and.

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Last year, participation in the initiative increased to 63 outside of solarize monroe county leads in renewable energy.

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Was over 600 households now producing solar energy on their own? However,.

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There's always room for growth and the upcoming renewables potential study will.

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Serve to guide future investments in energy efficiency and renewables.

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Progress to increase safe, affordable and low carbon transportation options was.

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Led last year, namely by bloomington transit and the planning and.

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Transportation department bloomington was the only indiana city to win a low.

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No emissions grant from the federal transit authority and bloomington.

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Transit will be using those funds to procure electric buses. These buses will.

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Be more sustainable by reducing fuel use and will be delivered and operational in.

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2020 bus route efficiency was also studied through the route optimization.

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Study, the study's recommendations will be implemented in 2020 to improve.

L

Efficiency and service delivery for bloomington transit, non vehicular travel.

L

Is another focus of the sustainability action plan? Pedestrian mobility will be.

L

Improved by was improved by the repair of over 6,500 linear feet of sidewalk.

L

Though there is progress to be made over the trail network, bloomington's.

L

Walkability is improving and investments due to the bicentennial bond projects.

L

And capital in plan capital infrastructure will continue to aid. This.

L

Improvement, as mentioned transportation, planning initiatives were also a crucial.

L

Action taken in 2019 the completion of the transportation plan and.

L

Transportation demand management plan will continue to guide current and.

L

Future investments and multimodal transportation and reduce single vehicle.

L

L

We already know that many in the community experience issues with.

L

Accessing healthy, affordable and locally produced food improvements to the local.

L

Food economy require further understanding of this disconnect between.

L

Local producers and consumers of food, a big achievement last year, was securing.

L

Grant funding through the department of agriculture to hire the city's first.

L

Ever local food coordinator, rachael's work has been helped achieve multiple.

L

Sustainability action plan goals by measuring food purchasing and meeting.

L

With hundreds of different growers and buyers to understand their challenges as.

L

A department, economic and sustainable development has also sought to better.

L

Understand why residents lack access the local food access survey sent last.

L

Month's to 4,000 households was developed last year in partnership with.

L

The bloomington food policy council, after feedback from three focus groups.

L

Of food, insecure residents, we look forward to the results of the survey a.

L

Sustainable action plan goal which will be available publicly this spring waste.

L

Continues to present a challenge and substantial progress must be made to.

L

Improve practices and reduce community waste recycling contamination continues.

L

To be a challenge for haulers, when residents put items in recycling that.

L

Are not acceptable, empty or clean. It threatens the resale value of those.

L

Materials to respond to this and 2019 sanitation worked to send over 15,000.

L

Letters to property owners about what items are collected this year, sanitation.

L

Is now leaving notes and stickers on bins that don't meet standards for.

L

Pickup, for instance, bends that include things like styrofoam or greasy pizza.

L

Boxes as most of bloomington's waste system is controlled by private haulers.

L

2020 will require partnerships for continued waste education and reduction.

L

Measures to improve recycling and composting rates a bright spot is our.

L

Participation in composting it's growing both internally among facilities and.

L

Across the community sitting out, compost at four city locations through green.

L

Camino now known as earth keepers, in fact, across mineral county in 2019 green.

L

Camino is responsible for diverting 77 tons of compost from being sent to lily.

L

Though 2019 was a watershed year for utilities, bloomington made big.

L

Investments in maintaining a safe, sufficient and clean water supply a year.

L

Early utilities began implementation of their action plan goal of installing.

L

Smart meters, which are advanced water metering infrastructure. This was a nine.

L

Million dollar investment that will be critical to better, detecting and.

L

Responding to inefficiency and leaks, more detailed water usage information.

L

For residents will also help consumers make more informed decisions about.

L

Managing their own water consumption utilities is also actively working to.

L

Reduce their electricity use and operations in 2020 plan, modernization.

L

Improvements that the doman plant will help reduce energy use and improve.

L

Functionality, the city of bloomington, also made an investment of watershed.

L

Management to ensure high quality drinking water for years to come.

L

Friends of lake monroe, with matching funds from the city received a 319 water.

L

Quality grant from the epa which will fund a watershed study to help keep our.

L

Drinking water, safe residents can also do their own part to help keep the.

L

Watershed clean by applying for the 2020 residential stormwater grant program.

L

Open now, which provides funding for installing rain gardens, bioswales and.

L

Detention ponds to slow water and filter pollutants at the stores. Finally,.

L

Ecosystem health parks and recreation continue to lead and preserving and.

L

Restoring healthy and vibrant ecosystems across our parks but conserving green.

L

Space, restoring habitats managing invasives and planting native plants, a.

L

Major achievement switch our park opening in 2019 as the largest park in.

L

City history represents a new natural asset for the community, which can now.

L

Enjoy 57 acres of parkland and 640 new trees with 3,000 treelings tree.

L

Seedlings that will continue to mature parks as a nationally recognized.

L

Department continuing to offering exceptional opportunities for volunteer.

L

Engagement on invasive management, gardening and other environmental.

L

Programs engaging over 400 volunteers last year, parks is also active in.

L

Education and holding events for over 1,700 students and places like griffy.

L

Lake griffey will also soupçon girl. Feellike will also soon benefit from new.

L

Trails funded through the bicentennial on funding that will be enjoyed for.

L

Years to come, as you can see, there has been rapid activity in 2019 to meet the.

L

City's sustainability actions with greatest impacts in 2020, we will.

L

Continue to work towards improving community sustainability by aggressively.

L

Reducing our impacts and continuing to improve our capacity to respond to the.

L

Impacts of climate change, the city's working to address the challenges, the.

L

Community is recognized and will continue to strive towards managing our.

L

Environmental, social and economic resources to ensure a healthy and just.

L

Society for current and future residents, thank you for your attention and I look.

L

Forward to working with you in 2020, we should have a bit of time left over for.

L

Questions we do. We have about six and a half seven minutes. Okay. So thank you for.

C

The presentation very much I'll open up the floor to questions from members for.

C

The report customer rallo, you know I make a statement.

M

I said permitted, or is it just for questions? I think a statement is okay. I.

C

Just I want to say I appreciate all the work that you've done. I know you've been.

M

Really dedicated in busy and mayor hamilton on the topic of sustainability.

M

And particularly climate, I just wanted to make a plug that. I think that when I.

M

Look at climate, I think of you, know reducing co2, but I also look at.

M

Adaptation and if we can do both at once, that's yields even better benefits and.

M

If it helps our local economy, that's even better, and so the emphasis.

M

On local food to me, I think I can't overemphasize it because if we reduce.

M

It's implicit that we reduce co2 if we reduce energy costs and transport and at.

M

The same time, we build resilience for the community if we provide local food.

M

For the community- and it has all of the economic benefits that are that are tied.

M

To that so- and I know you've been working on that as well and I appreciate.

M

That thank you. Thank you. Thank you. Customer burello, councillor, piedmont,.

C

Smith, yes, thank you very much for your presentation and for sending the slides.

E

Ahead of time, the slides we got our little more detailed. So that's that's.

E

Great, I have some reading to do in the next few days, but.

E

Just it I mean it's so broad and- and you have a lot of great information here and.

E

A lot of different initiatives that are going on this year so but just one thing.

E

That kind of caught my eye in the category of climate mitigation and.

E

Adaptation there is an action of social equity, trainings mm-hm and I think.

E

Social equity is kind of the leg of the three chaired sustainability, stool. That.

E

Often is overlooked and I'm not sure how it fits in with climate mitigation and.

E

Adaptation, but could you talk a little bit about the social equity references.

E

And the plan and and how we might implement them- and I think this does.

L

Really take councilman roles, comment that oftentimes in sustainability, the.

L

Social equity component is not always equally considered, so that particular.

L

Goal was included, I think, in the climate section just to make sure that we are.

L

Adequately trained as an organization to make sure that we're always making.

L

Decisions to make sure that we're continuing to serve underserved.

L

Residents so like well mention, I think, there's a nexus between things that help.

L

The environment to help people that helped us become more economically.

L

Resilient and that was identified in 2018 as something that we could work on.

L

Improving not just within our organization but more broadly, to make.

L

Sure that it's continuing to be addressed so it didn't happen last year.

L

I'm part of a network of sustainability directors and I think we'll be able to.

L

Get additional support for training as to how to make sure that we are.

L

Adequately, considering that in the decisions we make, thank you.

L

Further questions for the sustainability report, I'll just ask: where was this.

C

Photo taken that was near griffey, so both pictures I took, I mean I'm sure.

C

There are tools to extract that image from a pdf right.

C

I would fire you I'd circulate that that's going to be my desktop background.

C

Soon, I'd like to to get a copy of that image, if you would send it along thanks.

C

Again for the report and to the department for for its work and to the.

C

Director of innovation, as well and to the mayor, thank you all for the report.

C

We, you know, I can think of worse things, but I think it's gonna get moved, got the.

C

Screen: okay: now we go to reports from council committees on items that are not.

C

The subject of legislation seeing none- we go to reports from the public at last.

C

Again, hewers is here to report all right. You'll have five minutes. Please go ahead.

C

And go podium and sign in after you, you speak. You'll have five minutes hi! I'm.

N

Greg alexander just to the blade or the obvious parks are awesome. I love this.

N

Mature park, even but they're, not environmentally friendly by, even though.

N

The environmental damage that was done to build this, which I parked my goodness.

N

Anyways also, if you guys, are meeting behind.

N

Closed doors with the mayor, you have to stop doing that. I don't know if that's.

N

True or not, but that would be a big problem because he's engaged in a habit.

N

Of acting unilaterally behind closed doors, without consulting with the public.

N

And then he expects you guys driver stamp it and you guys don't want to have.

N

The appearance that you're negotiating behind closed doors with him is kind of.

N

By my impression, anyways, that's not what I came to talk about. There was recently.

N

On facebook, people have been discovering this, this bus route redesign and every.

N

Time, there's a posting about it: ton of people post their excuses for why they.

N

Don't write the bus and you know I say excuses that sounds prejudicial, so you.

N

You decide here's one from I'll just use our first.

N

Name, jenny, I don't know her, she says this is verbatim. Ridership is.

N

Down because the sketchy surface makes it not worth it, I rode the bus for the.

N

First, nine months I lived here but my particular route had a special class.

N

Break schedule that was differ from the regular schedule, which meant.

N

That in the winter in the dark and cold, I'd have to wait outside for an extra.

N

Hour after work, if I wanted a bus- and there are spots with no sidewalks.

N

Between my work and my home, so walking wasn't an option, so I had to switch from.

N

Riding a bus which is better for the environment to driving, which includes.

N

Paying for parking- but at least this means I get to work on time and get to.

N

Leave at the end of the day so because we don't provide sidewalks this woman.

N

Change from someone who was willing to ride the bus, someone who's not willing to ride the bus. Now she has no choice because.

N

There's no sidewalks I've been telling you this. Everybody actually knows this.

N

That's why they drive, and so she was someone who was willing to ride the bus.

N

And now she's someone who's complaining that there's no parking, I don't know if.

N

You cut that transition, but people who are always complaining that there's no.

N

Parking, that's not decreed by god. That's caused by this body systematically.

N

Failing to provide sidewalks over a span of decades, consistently failing to.

N

Provide sidewalks for decades, and so if we provided sidewalks that same person.

N

Wouldn't necessarily be complaining about parking anyways. Well, I'm on the.

N

Subject of buses and sidewalks, there was some discussion I think last week about.

N

Whether we can use tif funds or what funds we can use to build sidewalks and.

N

I thought I should bring your attention. There is a tremendous sidewalk gap, one.

N

Block south of the courthouse that is in a tif district that you could use.

N

Sidewalk funds to fix it is between 3rd and 4th street on the west side of.

N

Walnut there is no sidewalk between 3rd and 4th street on the west side want one.

N

Block south of the courthouse between the courthouse and the bus station less.

N

Than half a block from the bus station, there is no sidewalk huge sidewalk gap.

N

And I know you guys have a lot of difficulty controlling the rtc. You know.

N

You can't just spend tif funds per se, but tif funds could be spent to fill in.

N

That sidewalk gap now, unfortunately, that's not what's happened. What's.

N

Happened is this body has authorized the tif funds to be used? We spent eighteen.

N

Million dollars last year to close that side, that sidewalk is at the parking garage and they got a permit to close the.

N

Sidewalk for more than a year to build that parking garage that you guys.

N

Allocated eighteen million dollars, for I know some of you guys are new, but so.

N

We're going in the wrong direction. That is a huge sidewalk gap. I if I have to.

N

Explain to you why it's important to have sidewalks right by the courthouse than I've already lost. I think, but instead of spending tif money to make.

N

Sidewalks, better we're making sidewalks worse and the mayor. I would love to know.

N

If he's told you anything about this at the caucuses, but the mayor has has.

N

Decided that we're gonna do the long road on this parking garage. So it will.

N

Be another year or two years of this sidewalk being closed. If nothing is done,.

N

And you guys could just pass a resolution by a voice. You just pass.

N

Introduced and passed resolution by voice action tonight to say that this.

N

Sidewalk should be reopened. I know that this is possible because the board of.

N

Public works did it to authorize that parking garage, they didn't put it on the.

N

Agenda they didn't announce it, they just introduced a resolution at a meeting. It.

N

Passed at that same meeting, so if you're willing to do extraordinary measures to.

N

Destroy sidewalks, could we please get that sidewalk back? Thank you very much.

C

Thank you any other public comment seeing none. We will now go to.

C

Appointments to boards, the commission's do we have any tonight seeing no.

C

Appointments important commissions will go to legislation for second reading and.

C

Resolutions, mr. president, I move that ordinance 2003 be introduced and read by.

E

Title and synopsis only we have a motion in a second all in favor, say: aye aye, aye,.

C

Opposed say, nay, you guys have it with a clerk. Please read ordinance 2003 to.

G

Amend title 4 of the bloomington municipal code entitled business.

G

Licenses and regulations regarding him adding chapter of 4.3 to non-consensual.

G

Towing businesses, the synopsis is as follows: this ordinance initiated and.

G

Shaped by the efforts of former councilmember andy ruff and former.

G

Councilmember dorothy granger amends bloomington municipal code, title 4 by.

G

Adding a new chapter 4.3 to provide for the licensing.

G

And regulation of towing companies that engage in the practice of non-consensual.

G

Tows, the ordinance includes provisions related to licensing requirements.

G

Insurance coverage, signage requirements, fee limitations on the retrieval of.

G

Towed vehicles, among other provisions, the purpose of this ordinance is to.

G

Increase community safety and protect residents from the harmful effects.

G

Associated with predatory commercials, private towing, the committee of the.

G

Whole recommendations do pass zero. Eight zero. Thank you. Mr. president, I moved.

E

That ordinance 2003 be adopted a motion a second mr. president. I move that the.

E

Council suspend the rules to structure deliberations on ordinance 2003 such.

E

That members of the public may only speak for five minutes each on the.

E

Ordinance and that the total time spent on ordinance 2003 not exceed one hour.

C

Needs a second.

C

It needs a second before we can entertain the motion action. We have a.

C

Second, can we get a sense of how many people are here to speak on ordinance.

C

2003, the towing ordinance one, two, three four, so only a few people. I think five.

C

Minutes will be fine. I was hoping to make it three, but okay, any discussion on.

C

The motion, the gist of it, is that I anticipate that there's more based on.

C

The meeting of the 22nd that the council needs to gather in order to and we'll.

C

Hear tonight from some people who have some knowledge of it, I know, but I'm.

C

Expecting that we'll refer it to an ad hoc committee to take it up and with.

C

Looser rules that would there can be a back and forth discussion between all.

C

The parties who are interested in it so I'm interested in seeing that this.

C

Particular issue should not exceed one hour of total deliberation. Any questions.

C

Or comments is there a motion? I move approval of a motion. A second will. The.

C

Clerk, please call the roll on the motion to structured deliberations.

G

Council members campbell larry sims, yes, boland, yes,.

G

Piedmont. Smith; yes, flirty; yes, smith! Yes, sandburg! Yes,.

G

Rallo, yes, the eyes have it, so we will limit. Discussion to an hour will be done.

C

At by 824, and so let's now go to a presentation of it, mr. simms, thank you.

O

And council attorney mr. lucas is here to help us this evening. This ordinance.

O

Was introduced on regular session on january 15th and then the committee of.

O

The whole on the 22nd and as a result of the feedback received at that meeting.

O

And I will also say I took up being sponsorship of this ordinance from.

O

Councilmember ruff and councilmember grainger. They are no longer here with us.

O

And mainly because we had discussed it before, I think the majority of us have.

O

Shown have indicated that this is necessary, but I also am carrying it.

O

Forward as a sponsor, because I'm I gave those council members previous council.

O

Members my word to do so and I think that's important so, as I was saying, we.

O

Have worked since the january 22nd meeting, I have worked with staff on.

O

Different ordinances, reviewing information that have been submitted by.

O

Petitioners by some of our council members and others. We also this evening.

O

At the suggestion of some members of the council during that 22nd january 22nd.

O

Meeting council staff directly contacted and invited various organizations with.

O

Potential interests in the legislation and we invited them to review and.

O

Comment at tonight's regular session meeting for an example, the.

O

Organization's contacted include, to my knowledge, every towing company in monroe.

O

County, the chamber of commerce, downtown bloomington, incorporated monroe county apartment association, indiana legal.

O

Services, district 10 pro bono project and the south central community action.

O

Program now some of the amendments that we have prepared this evening and I will.

O

Say that I don't anticipate that we'll get to them, since we have a pretty full.

O

Agenda and we would like to use the time differently, but some of the agendas.

O

Amendments that we have prepared one it aligns one would be to propose to align.

O

The towing and storage fees allowed under bloomington municipal, both lublin.

O

Bloomington municipal code, 4.3 2.13, o with those fees allowed by other local.

O

Agencies, it also includes a new subsection under bloomington municipal.

O

Code for both point three 2.06 o to provide the city discretion to refuse to.

O

Renew a license for a company that has previous violations of the ordinance or.

O

Has operated in a manner contrary to any federal state or local law, and we also.

O

Have more of a housekeeping amendment referring to language in bloomington.

O

Municipal code, 4.3 2.16, o b3, which changes the wording from the.

O

Controller's office to the city, now at that january 22nd meeting many council.

O

Members expressed a desire for further consideration of the ordinance beyond.

O

Tonight's meeting it is possible that a motion will be made to refer the.

O

Ordinance to further committee consideration to provide additional time.

O

For council members to get answers to questions and to prepare any other.

O

Appropriate amendments, such a referral, could also provide a venue for a more.

O

Direct conversation with stakeholders, including including towing companies, I.

O

Was on vacation was when this was introduced or actually discussed on a.

O

January 22nd meeting I have reviewed that information that.

O

Have had several conversations so we are, we have a clear understanding. We believe.

O

Of where we head it with this, we also- and I do acknowledge- that there were.

O

Many questions and some clarifications that we needed to take care of, and I do.

O

Believe that, with these amendments and with some of the other conversations and.

O

Communications that these three amendments, if we were to go there, this.

O

Evening or soon would alleviate most of those concerns and make this palatable.

O

To move forward within our process, I.

O

Will also add too, in addition to my a commitment to my previous council.

O

Members, one of the things when I try to do my legislative duties up. Here's our.

O

Tend to try to look through everything through the lens of social justice.

O

Social equity and non discriminatory practices, and that is everything that we.

O

Talk about now, we have a whole lot to do, but I think that component is important.

O

I also believe- and I think many of us would agree our community have- can be.

O

Divided almost into a community of haves and have-nots with regard to local.

O

Income streams, as we discuss this a little further deceive me: this is not.

O

Intended to nor will it hinder any commerce of the tow companies affected.

O

By this there will be some discussion on one of the changes for an example.

O

There's an inclusion or potential inclusion of a proposed administrative.

O

Fee of $25 one of the things in one of the discussion- and I hope I hear that.

O

This evening is what does that administrate, a fee consists of from an.

O

Itemized standpoint, I have no doubt that on.

O

Who brought it up, it may have married, but if we are going to do the.

O

Legislation, I think it's incumbent on us to ask for that to be itemized and broke.

O

Down so it may only be an additional fee of $12 that would cover the.

O

Administrative fees such things as potentially using electronic cards in.

O

Order to pay, for you know things like that, but it may not be $25 and others.

O

Don't want a blanket offer such an amendment if the actual cost to that.

O

Particular company is less than the $25, so I'm hoping that will come out in the.

O

Discussion or any comments that we have this evening, questions from my.

O

Colleagues- and I also plan to in the effect that we do not dispense with this.

O

This evening I am prepared to offer a motion that this legislation be.

O

Forwarded on to the committee of the whole, as opposed to an ad hoc committee,.

O

That has been discussed and I'm sure we'll get to that.

O

So mr. lucas did we did I miss anything here. Okay, thank you. Okay, thank you for.

C

The presentation well now have a maximum 20 minute period for questions. I would.

C

Ask my colleagues to try to keep it brief to make sure everyone has a chance.

C

To ask a question: are there any questions from my colleagues to the.

C

Sponsor that's beber, piedmont, smith. Yes, there was some confusion at our january.

E

22Nd meeting, at least from members of the public as to whether this works in.

E

Conjunction with state law or or contradicts state law in some way, so I.

E

Wonder if either mr. lucas or mr. rooker from our legal staff can address that hi.

P

Stephen lucas city council staff, I've reviewed the ordinance thoroughly in.

P

Conjunction with our legal department, we do not believe it conflicts with any.

P

Provisions of state law, there was a new state law passed in.

P

The middle of 2019 that largely impacted this ordinance and as part of the reason.

P

That it wasn't completed before now, but we've reviewed both that law and.

P

Previous state law thoroughly, this ordinance does include restrictions.

P

Beyond those included in state law, which the city is allowed to do under its home.

P

Rule authority, but we don't believe any provision conflicts with state law. Thank.

E

You thanks further questions from members on the ordinance seeing none. I.

C

Guess it's time to go to the public? Oh wait! We have a question from mr.

C

Flaherty ask questions related to amendments? Yes, yes, it is.

B

Amendment number 1 mentions changing the amount in section at four point. Three.

B

Two point: one: three: zero: a one from 125 dollars to 135 dollars as the maximum.

B

Fee allowed for the towing service itself that excludes storage of vehicles.

B

And that sort of thing I'm wondering specifically if we could talk about.

B

Where the 135 number came from at our meeting on january 22nd january 22nd.

B

There was a discussion that there is a difference in the business models.

B

Between the contract telling that the city engages in, for which we pay, if we.

B

Have 125 dollars versus the type of towing that other businesses that work.

B

With local private entities engage in whether it's due to patrolling or.

B

Something like that, there's just a different business model that might justify a different fee than what we had initially anticipated. So I'm just.

B

Looking for a greater clarity into who we spoke to and how we arrived at, the.

B

Hundred and thirty-five dollar figure in his amendment, I mean to step on your.

P

P

The $135 is what one of the tow companies represented as the amount.

P

Allowed by other public agencies, including monroe, county and iu, I did.

P

Confirm that directly with those agencies that they allow towing.

P

Companies to charge one hundred and thirty five dollars and an additional 25.

P

Dollars for an administrative fee, so that's where that amount came from as well. um I think one of the questions that the council members had at the.

P

January 22nd meeting was what are the differences for the towing companies.

P

Perspective of doing business for city initiated tows versus these private tows.

P

And I'd like to invite the tow companies to comment on that tonight or at any.

P

Future meetings to help provide clarification for the council. One of the.

P

Things we did recommend at the january 22nd meeting, both myself and the legal.

P

Department would be for the city initiated towing prices, which are.

P

Currently, 125 dollars to match those under this ordinance, both for ease of.

P

Administration and for the public's point of view, if your cars towed, I don't.

P

Know that it matters from the drivers perspective, whether you're on the street.

P

Or in a lot that you shouldn't be in charging different prices for those.

P

Things doesn't might not seem right, so the 135 dollars is from what other.

P

Agencies, charge and and companies are free to comment more on that if they'd.

P

Like to thank you further questions, seeing none we'll now go to the public.

C

If you would like to speak about this issue, what I'd ask is again that you.

C

Limit your comments to the potential problems that need to be addressed and.

C

What questions that, whatever committee it gets referred to, you know you set up.

C

The questions for that committee, which would take it up as early as next week,.

C

Please come to the podium state. Your name you'll have five minutes.

Q

Jordan evans: I am with the monroe county apartment association, our understanding.

Q

Is that the proposed ordinance will closely follow the state statute, a state.

Q

Statute requires a 24-hour notice to the owner of an abandoned vehicle before.

Q

Towing, unless a vehicle interferes with the normal business operations of set.

Q

Business, we didn't see any clear definitions of abandoned vehicle or.

Q

Business interference in the state statue.

Q

We believe that our interests align to prevent future ambiguity, but we suggest.

Q

That the following language be in the ordinance if a parking lot is permitted.

Q

A vehicle park there without a permit is deemed to an interfere with business.

Q

Operations of the lot and may be towed without notice. Thank you for your.

Q

Consideration. Thank you further public comment. If you're here to speak about.

C

This, what we're gonna talk about next week, please that now is your time. If.

C

People could line up so that we can expect footitis. That would be helpful.

R

Sorry about that my name is jacob padawan, I'm the owner of thoth, I'm.

R

Towing here in bloomington, if you could bring the mic a little closer to you,.

C

Cammi much better. Okay, I wanted to touch base on a couple things. The admin fee.

R

Breakdown that you guys were asking about administrative fee. I do believe.

R

That fee needs to cover quite a bit of what it takes to employ. Somebody for.

R

These type of tows, we are required to release by 24/7 standards, which means we.

R

Have to staff somebody day and night for the releases.

R

Themselves, I think it's important to get that off of the drivers right now. That's.

R

Kind of how we solve our problem is some of the drivers have to take up that.

R

Responsibility because we can't even afford to pay somebody to do that.

R

As far as the max pricing thing that sitting in at 135, I understand that.

R

That's with other municipalities and everything I'm not so much. I guess.

R

Against that that price, as much as there has to be some way in the verbage to.

R

Change it for special occasions. One of the situations I recently ran into in.

R

The private lot sector of this is like a bank when a bank, like they foreclosed on.

R

Homes right, the banks will foreclose on homes. They get contractors to clean them.

R

Out and for example, there will be the one I did had: a boat, a pt cruiser, a a.

R

Bunch of stuff that was abandoned on the property for years. You know and for me.

R

To remove those required about six hours of labor, lynching them to the road.

R

Changing tires on the boat trailer to be able to pull it. You know loading in a.

R

Car that was full of spiderwebs look. I was made of cotton, I mean it was just a.

R

Lot of work a lot of gross things to touch it obviously had no plates on it.

R

Anymore, things like that and that, in the extra things that I had to go through to.

R

Figure out who owned the car how to properly dispose of it? How to safely.

R

Move it from that location to my shop and then I got to store it. But there's.

R

As far as like the winching and recovery of that car, to get it to the road.

R

Because you can't take it a 20,000 pound truck into somebody's front yard so that.

R

I guess we just have to find a way to word it to where, if there is some kind.

R

Of circumstance like that, I'm not doing that for 135 bucks. So what I need to.

R

Understand and what other people, other businesses, banks and stuff when you run.

R

Into a specific issue like that, are we stuck at 135 bucks because that's going.

R

To mean no company is going to take that on and honestly nobody came after those.

R

Cars anyway, so I lost money on it, but the point is: if somebody would, if the.

R

Car had the value that I need to be able to charge.

R

That what that takes to do, you know like the amounts that would make sense to me.

R

R

I think that's really the only comments I got. Thank you for your time.

S

Did you take the pin okay follow me around there, we'd have two people sign.

C

In after they speak so tex, oh okay, hello, a martin poteet, probably the.

S

Biggest thing I would like to address is the misinformation how the towing.

S

Industry in this entire situation has been villainized. A quick example is last.

S

Week's discussion on the vehicles that were disappearing going to indianapolis.

S

Charging $800, all of that hmm due to the great work of the bloomington police.

S

Department that was tracked down to individual criminals, a maintenance man.

S

Who hired a towing company to move them and with their work solved that it.

S

Wasn't a towing company doing wrong other than the fact they were working.

S

For a criminal, but that's not good but to clear up most of the misinformation.

S

That is going on with us towing. It's been determined that it's highly.

S

Necessary to protect the private property rights, other people within the.

S

City of bloomington and to have their choice of who they hire because it's a.

S

Private industry, you ask the business model. The business model is hugely.

S

Different, if you check in to the state law, they had a clause reasonable and.

S

Customary to adopt the feed, reasonable and customary would be assumed by.

S

Surveying all the companies that do this in average their fee, not what a police.

S

Agency tows their fees. How them are restricted, then we're more set because.

S

We have the constitution when the police or a government agency take someone's.

S

Private property: you got to have due process fairness. All of that, the.

S

Business model for this type of towing we end up apartment complexes, have tons.

S

And tons of vehicles and end up abandoned when scrap value is very low.

S

Recovered the fees are nor in processing all of the legislative.

S

Rules that are included in this there's fees to run a national.

S

Background check this is required by state law. It's not even available to do.

S

So as you pass this ordinance being, the state requires this city of bloomington.

S

Police have the ability to do so incorporate that into the ordinance so.

S

That state law can be followed. One of the other biggest conflict issues is.

S

Massive wasted time of the bloomington police department, so we definitely need.

S

To create ways to inform people quickly where their car is signage, that.

S

Identifies ways of doing that in the past, what would happen is your car.

S

Disappears: people don't even read the sign, unfortunately, and when you even.

S

With the police initiated toes instead of people just calling the police.

S

Department to find out, they start calling towing companies. Irish, you is. We.

S

Don't know we don't know so then we send them over to. But that's our wasted time.

S

And that's on something: that's already happening. Has ordinances rules so.

S

Establishing ways to greatly reduce our officers time and then the other thing.

S

That happen as kenny from westside described last week, is you call us when.

S

It's a private lot. Their response is, I don't know, what's probably stolen.

S

So then bloomington police department has to get a report like that and you.

S

Got to investigate stolen vehicle, they got to call all the towing companies. It.

S

Is- and this is highly frustrating to our officers from the ones most of them.

S

Highly professional, the ones we've worked with, but some of them get.

S

Frustrated some of them take matters into their own hands. Some don't follow.

S

The rules you got one minute as I was informed earlier. This is gonna.

S

Go hopefully to another. I will end my time now, because that.

S

Would give us a proper way to describe them issues? I thank you for your time.

C

Thank you further public comment, I'll sign a near few minutes. mmm Kent parish.

T

Kids, westside towing, keep it short and sweet. I just want to let you guys know. I.

T

Was here last time when it was introduced to the committee and all that I am still super hopeful for this? I hope it goes through. I think it's a great.

T

Idea, the city of bloomington needs it very badly. In my opinion, I still think.

T

It needs a lot of work. I would hate to see that you guys would postpone this for a long time. I think a committee on the side to start one have discussions.

T

To try to resolve this sooner than later would be phenomenal. I know there's.

T

Several of us that would volunteer our time and efforts to come in and help not.

T

Just myself but property owners other towing companies, so on and so forth that.

T

Could get this resolved? I'd also like to state again real quick about the the.

T

Payment, the prices on the tows, I think is- is in conjunction with anything else.

T

That we're doing I still don't like the no pay issues. I think we need to fix our.

T

Own in-house problems on a lot of city initiated toes currently, where we have.

T

To default this, and we have to pursue legal obligation ourselves to get this.

T

Money back when the customer comes in and refuses to pay, I can't tell you how.

T

Much money, that's involved in or attorney fees, court costs so on and so.

T

Forth to try to get somebody to come, pay a tool bill that the city of bloomington.

T

Had us removed and we have to release for free, although the city collects $25.

T

To give them that release first, so that city collects their $25 for have to.

T

Initiate paperwork? I don't get nothing! That's my towing company, even though.

T

I've done exactly what you guys have asked us to do by your rules completely.

T

You guys are actually in this ordinance stating about 20% down and in making.

T

Some kind of payment agreement on that we don't even get that optional.

T

Obligation on our city initiated toes and quite frankly, at 20%, most of the.

T

Operators that, on our own, your city, towing the operators of the truck not.

T

The towing company, the operators get 30% on an.

T

Okay, it's just an average, I'm not saying that's what everybody is. The driver gets.

T

30%, so these towing companies are paying out 30% of what you guys delegate that.

T

We charge we're already paying that out as payroll and then for it to be okay,.

T

That they come and pick up this car with no payment. Now we have to go collect.

T

That's more money out of our pockets right off the get-go and I think 20%.

T

Almost in my opinion is an insult to the towing companies in which you guys.

T

Already have, if you would even they'll, get a legate that I think that cost.

T

Should be more and if you call around other cities or check on another city,.

T

Ordinances around the country or in a state that, like terre haute fort wayne,.

T

South bend kid cities that are equivalent to bloomington. They don't get.

T

Their cars released to them just because they don't want to pay those cities.

T

Don't allow that to happen. Okay, interpretation of the law. I know you.

T

Guys have heard from others, city, legal and all that stuff and again a lot of.

T

Times law is interpretation, indiana, towing and wrecker association, which I'm.

T

A member of feels differently towards it. You just don't get your car picked up.

T

Until the tow bill is satisfied, a lot of these towing companies, including myself,.

T

Will discount try to get something out of these people? We don't technically.

T

Stand fast, if the car's been there for three weeks. Well, as you guys know, we.

T

Have fees we have to pay if the cars left in our standards for 72 hours, we.

T

Have a said: we have to send out the 72 hour notice by law, okay, so these.

T

Paperwork that we file on again cost us more money after it's set in our lot.

T

Because nobody knows who towed their car, these are fees, we're paying to try to.

T

Contact the owner to let them know hey, I have your car. This is why I have it. You.

T

Know we're spending this extra money which actually isn't even in the.

T

Contract that we've signed for the city of bloomington and most of us are okay.

T

With that, it's not an issue. The only time it becomes an issue is when we've.

T

Sent these papers we've sent all this and now we're actually filing for a lien.

T

On the abandoned vehicle, that's been set on our lot, we're now filing for this, and.

T

We're not a month with a storage, and I know it's really quick and I apologize.

T

I really think these fees should be be taking consideration for all of us. These.

T

Are costs of doing business? We have to have money to do what we do and we do it.

T

Not only for ourselves, but we do it for the community. Somebody has to remove.

T

These cars, it has to be done. The city that can't afford to buy their own tow.

T

Trucks and do and so forth, we try to do it as cheap as feasible as what you guys.

T

Allowed us to do, we agree to your terms. You know we we we do this under what you.

T

Guys a legate to us to do, but at times it feels I'm just being honest with you.

T

It doesn't feel like you're actually on our side, to help us here's this. That.

T

We're not going to stand behind you with everything that we do, and I know it caused cost of doing business. Employees payroll all these things. You know and.

T

We've talked several other times before about you know, making a good payroll for.

T

These guys, well, if I wouldn't, if I would hold my payments for these cars, that.

T

Don't pay me my drivers wouldn't make merry much money. They still get out of.

T

Bed, they still go to leave their families, they leave their dinner on the table and they do this. I mean, while I still pay and these other folks that.

T

They get their tow cars towed in don't so. As far as a committee, I really hope.

T

This goes through. I would really like to think that somebody would have a.

T

Committee that where we could all sit down and speak everybody, you know you.

T

Know get some better ideas where we could spend more time asking more.

T

Questions where you could get the proper answers from this side. That's not only myself but property owners. That's established.

T

To everything anyway, thank you. Thank you, everybody good night. Thank you any other.

C

Public comment on this ordinance see now we come back to council for questions.

C

Yes, what I would like to do is offer be pd officer, odom a chance to speak if he.

O

Would like to, we do still have public comment time he's: okay! Okay, thank you. I.

O

Just wanted to okay. Thank you. Okay, go ahead, any follow-up questions.

C

Councilmember, piedmont, smith. Yes, um I know this is just tangential, but it has.

E

Been raised twice now by a member of the public.

E

That, apparently, the police department can order the towing company to release.

E

A car without having the person pay and since we have a an experienced ranking.

E

Police officer here, mr. oldham- maybe you could tell us about this program because.

E

It's the first I hear of it good evening. I am scott ol, I'm honored.

U

To be the operations captain for bpd, in answer to your question for years the I.

U

Guess the rule that we lived by was from the monroe county prosecutor's office.

U

Regarding non, I guess entity tows, meaning there was no contract between.

U

The individuals whose car was towed and the owner of the vehicle and/or the tow.

U

Service that was working on a mechanic's lien last year.

U

Can't say the exact date that law changed, so that law really is no longer.

U

In effect, and right now, we're kind of in another world as to what exactly we're.

U

Talking about in that regard, for decades, we had gone by the rule that, if you did.

U

Not contract to have your vehicle towed than if you provided a name and.

U

Information where you could later be served summons, the vehicle had to be.

U

Retold had to be returned to you and again, that was on the advice of monroe.

U

County prosecutor, and at that time, city legal, that has now changed with.

U

Implementation of a state law which came to light late last year, so it is no.

E

Longer the policy of the bloomington police department to order towing.

E

Companies to release vehicles with no pay if they have been told that is.

U

Correct we do not order those released. Okay. Thank you. Further questions in.

C

Ordinance 2003.

C

If not it's time to entertain a motion as to what to do with this, actually, we.

C

Do have common, I take it back. We will have up to 20 minutes for.

C

Comment we still have time so, if there's comment on there, no, no I'm bollixed.

C

Myself so please customer sims well, this is actually we're, not in committee of.

C

The whole, so it's whoever it speaks up. First comes over sandburg, okay. I know.

J

This has been brought forward by council members, and so our council staff has.

J

Been working on this with both previous council members and now councilmember.

J

Sims, who, on the staff here in the city of bloomington, whose full-time job it is.

J

Kind of monitoring these kinds of things is this: a public works issue could.

J

Anybody answer that as to who, from the staff could get involved with this to.

J

Meet with the different towing companies and bpd well, certainly bpd and council.

C

Staff have been involved, but we largely have seen it as a licensing issue with.

C

Economic and sustainable development, but it touches on several departments who.

C

Would like to and legal I guess to, we have been working with legal to kind of.

U

Craft a document that met the needs, as as we experience in the field daily.

U

Because, while some of these issues are easy to work at a two o'clock in the.

U

Afternoon at two o'clock in the morning those are not so easy to work out, so we.

U

Need some guidance from the council as a whole as to what your decision is and to.

U

Kind of guide us in how we move forward okay, so there really isn't staff whose.

J

Responsibility, it is to make sure we're getting the details and having.

J

Additional meetings and there's several meetings between the legal staff and the.

U

Police department- I know they've brought other people in as well from the.

U

Community that they've spoken with, so I guess I'm not really sure. As far as a.

U

Full time staff know other than the full time staff that works on other problems.

U

As well as this, thank you maybe we have a follow up comment from the sponsor.

O

Just wondering if I may help I'm not sure if it was clear the department of.

O

Economic and sustainability development or the licensing agent for lack of a.

O

Better term so, as far as the licensing fee, the registrations, many of those.

O

Requirements such as the insurance will be maintained by that office and as the.

O

Gentleman said earlier, the city would get $25 for that administrative fee, but.

O

It like I said it is itemized on what it is they do and how they follow-up. How.

O

They have to store certain records, so I hope that answers that that that's the.

O

City entity I've been working with our council legal staff as well as city.

O

Legal and they have enforced referred to bpd and other law enforcement agencies.

O

In the city, which is how we're kind of trying to align some of these fees so.

O

That will hopefully will lessen confusion. Thank you. That's remember. A.

C

Few months smith, I was a bit confused about what captain oldham was referring.

E

To when you said that you're working with the city and trying to get some.

E

Guidance is that you were working with the city on this ordinance or on how to.

E

Replace your former no pay release program with something new, I'm a little.

E

Confused michael rooker city attorney, I think he was referring to the crafting.

D

Of this particular ordinance, not two, but I suppose I should verify that so yeah.

D

To the crafting of this ordinance this, that was a team that worked on it. Oh.

E

Okay, great, thank you further questions before.

C

We go to a motion of some kind.

C

So actually, we're still looking at comment. So we'll start with customer.

C

Simps. Thank you, sir, for keeping me straight on this mystery. I first of all.

O

Just want to thank the public, and particularly some of our vendors, that.

O

Have brought up some issues, many of these we vet have anticipated, and I do.

O

Believe that's many of the things within this ordinance have addressed many of.

O

Those concerns now there's still some details for minor details to to consider.

O

But with regard to legality with state law, it has been thoroughly researched.

O

There is this concept of home rule in our attorney can explain that, but we.

O

Feel we're that this ordinance would be in compliance with state law and is in.

O

Similar line to what has been instituted in the indianapolis area on a similar.

O

Ordinance in the past there has been confusion with folks who have had their.

O

Vehicles towed and not knowing, where part of this ordinance again addresses.

O

That with clearly defined signage at the entrances and exits with and very clear.

O

With the numbers on where they can call to locate their vehicles, these sorts of.

O

Things I did hear that 20% down means we may not get the rest of our money. I.

O

Think I'm with the research and- and there will be I'm sure, occasionally some.

O

Of those issues, but I think for the most part and I'll give an example in just a.

O

Second, most people have the vehicles told I don't think that's an issue. This.

O

Is meant to address the folks that cannot afford to do that again, I said.

O

Earlier this is a city of haves and have-nots and sometimes and we're not.

O

Trying to begrudge accompanies and then you know we'll do all we can to make.

O

Sure that they get full compensation. But one of the problems that if, in fact and.

O

Also want to say this is not an ordinance for people to park free.

O

And get away with anything scot-free, we just wanted to be equitable and fair and.

O

Transparent, but the great majority of folks will pay the fee for their car.

O

Because they were illegally parked and legally told, so I understand that.

O

Concept, but I wouldn't think that it would be the great majority of folks who.

O

Want to get their car would try to abscond with the difference. There are.

O

Some examples that was brought up that I don't think this ordinance is going to.

O

Particularly address the example one: that's, the car was abandoned, full of.

O

Spider webs debris and this that and the other if this is an owner of that lot,.

O

Initiated tow as part of the agent, then those fees matter or there's what we go.

O

By now, if this vehicle has been sitting, I think you said four months or.

O

Something like that. Well then, that's a deal between the owner and the tow.

O

Company- and you know- that's really not part of this ordinance- that is an.

O

Abandoned vehicle- and I think that's and legal- you can correct me on this, but I.

O

Think that's a different thing and I would want you to get compensated if it.

O

Takes you six hours of load up a car, and you know who would do that for 100 150.

O

Bucks I mean I understand that, but that's something else. I think that's.

O

Outside the realm of this ordinance, thank you. We don't want tow companies, be.

O

Villainized good businesses in this town.

O

And I don't think that the 20% has to do with folks who don't want to pay or.

O

Cause them not to want to pay again. My I want us to consider what about the.

O

People who cannot pay that full amount? Okay, and sometimes that amount on that.

O

Tow bill is a difference between maybe medicine for their key.

O

Paying a utility bill- and I don't want that to say that we don't tow companies.

O

Just take your licks and move on that is not to intend for this. I think we have a.

O

Really good relationship with all the tow companies in this town, at least that.

O

I'm aware of, but we want to maintain those, and I think everything else that.

O

We can address through through any amendments or what we've built into this.

O

Ordinance that has been vetted by legal through our council folks through public.

O

Comments and I anticipate that there will be at least one more discussion.

O

Where we can dig a little deeper to make sure that it's fair and equitable and.

O

Acceptable for all involved. Thank you. Thank you. Any other debate on the.

C

Ordinance before we entertain a motion, councilmember piedmont, smith yeah- I mean.

E

I think we do need more discussion on this. One thing that stands out and I.

E

Just thought of do too councilmember simms comments is that.

E

Currently, in the ordinance, you don't have to show hardship to get the payment.

E

Of 20% down and a payment agreement to pay the rest, I mean anybody can just do.

E

That so and we we know that a payment agreement is sometimes hard to enforce.

E

So, even though the attention the intent of that is good to say, okay, some people.

E

Really cannot pay $135. I understand that, but some people may just not want to pay.

E

$135, you know maybe graduating leaving town.

E

And they really don't care, and so they could just sign and save 20 percent. So I.

E

Don't know if maybe we could, we could add something at least they have to.

E

Attest that it's a financial hardship, something I don't know, but um that's.

E

Just one of the many outstanding questions as to the details of this.

E

Ordinance, which I think it's fundamentally sound but just needs more.

E

More detail work. Thank you. Thank you. Further.

C

Ordinance 2003, I will take an opportunity to say that I've heard a lot.

C

Of things tonight that I think need work, we need a clear definition of abandoned.

C

Vehicles we need breakdown of what the administrative fee is for the tow.

C

Companies are concerned about how they pay their drivers special occasion.

C

Pricing, a single hotline for towed cars that 20% that de facto payment is too.

C

Low these are all structural problems with the existing law and perhaps the.

C

Ordinance that that need work- and my particular concern here is not about the.

C

Organs, but how we take it up, we don't have any mechanism in the committee of.

C

The whole to really have the kind of back and.

C

Forth that we need, while, theoretically, we could do that in committee with all.

C

Nine members here it appears it like the formal meeting we're having right now.

C

And this really needs to be sort of a sensitive conversation with all.

C

Stakeholders at the table and maybe even add a table instead of the dais back and.

C

Forth like this, but we need the tow come because we need the apartments we need.

C

Economic, sustainable development. We need somebody from the police, we need just.

C

Whoever can clarify a these problems and be the most sensitive solutions to them.

C

That will make it work, so you know my preference and the motion. I will make.

C

Tonight, if I get the opportunity, is to refer this to an ad hoc committee of.

C

Four members, I would recommend councillors rallo scan bellary, who did I.

C

Have piedmont smith and chaired by a customer flaherty that would to refer to.

C

An ad hoc committee would trigger the two meeting opportunity that they would.

C

Have a chance to meet on february 12th and if they saw fit to and needed to.

C

February 26th, I foresee that the discussion that would happen next week.

C

No matter who hears it, there's gonna be a couple of hours of clarifying ideas.

C

And and determining what amendments we need to write and then having two weeks.

C

To write those amendments and at the committee hear them again on the 26th.

C

And then final acts will come back to full council on march 4th. This is what.

C

The committee system triggers it allows that committee to have a second meeting.

C

Where, as the committee of the whole cannot extend itself, we'd have to send.

C

That to a meeting on the 12th they'd have to send head back to us on the 19th.

C

If we needed another two weeks that we'd have to see same process again just to.

C

Write the amendments, otherwise we're writing the amendments in a hurry and.

C

Councillor sims has already spent a lot of time. Developing this there's no sense.

C

In rushing it, we want to get it right. So to that end, that's the motion. I want to.

C

See customer sims would prefer the committee of the whole. We have competing.

C

Motions, I would ask that no matter which motion comes first, that both of them be.

C

Considered if one is defeated, the other option is is the other reference to a.

C

Committee, that's what I have to say at this point I'll, entertain a motion.

C

Councillor since we have another question, so I'm sorry about that come on.

O

Smith, oh you both already spoken. If there's, I have a question for you. Oh.

C

Okay, I don't know if the motion has not been made, but I wonder why your ad hoc.

E

Committee does not include the sponsor of the legislation he's presenting it.

C

It's was not intended to be a slight to the. I have a great deal of respect for.

C

The sponsor I figured he'd want to present it rather than be in the committee that heard it, but you know I am open to swapping them out. Customer.

C

Simms is it my tournament? Yes good question council member p, most men, I was.

O

Thinking that myself, but one of the things that I want to be clear about, is.

O

That I'm not so sure that I appreciate that characterization that every car.

O

That is legally told from being illegally parked. Is I don't want them.

O

Painted with the same brush that everyone has no intentions of paying.

O

Their legal debt- there are some folks that will not be able to at least.

O

Initially- and I think we are well aware of that- I still think as of now most people are.

O

Going to pay their bill in full and I haven't heard any type of evidence that.

O

60% of those folks don't pay the bill. I don't think it's there, maybe a few and I.

O

Don't want to micromanage any business. I just want everyone to be compensated.

O

Fairly and taken care of one of the other things and we've all heard and.

O

I'll be brief, one of the that we've all heard horror stories of folks are.

O

Getting their cars towed and and and most of them are legit I mean I'm not.

O

Going to sit here and say we're of the bad people, because we're doing it that.

O

There's rules and we're trying to highlight those, but as an example and.

O

This did not hurt this person. This person happened to be a retired iu.

O

Professor and can afford to do that without impunity, but here's the example.

O

And I do not cite other reports because I can't confirm them this one. I can.

O

Sunday morning she went to church servers parked in a closed by law.

O

Clearly marked hill legal so that it's not our issue, clearly marked it legal.

O

Probably should have been told based on our rules and ordinances, leave.

O

Church see that a vehicle is gone one of our members. They called a number so.

O

Here's your car within the hour. She is there to retrieve her vehicle and was.

O

Charged 230 dollars, okay, now after some negotiation and this, and that they.

O

Settled on $200 that to me is the definition of predatory towing that.

O

Affects some of the folks that could ill that can most non equipped to do that.

O

She could you know, there's many of us that can pay the $200, whether I like it.

O

Or not, if that's what you charge, but you would still get the feed that we said.

O

That we think is fee if it's approved and and I think we can just move on so.

O

And I do appreciate all input and comments that we've heard this.

O

Evening and if it's proper- and I know you've mentioned about these motions, I.

O

Don't know if I'm allowed to offer a motion or how hard you like to handle.

C

That, sir, well, I mean as a president, I need to defer to other members to offer.

C

First, so if you would, please make the motion dear mr. president, I move that.

O

The council report refer ordinance 2003 to the committee of the whole to meet on.

O

February 12th and, if necessary, february, 26th to consider and report back on the.

O

Legislation do I need to do. I need to motion in a second any questions for the.

C

The maker of the motion- councilmember flaherty or customer simms, and also.

B

Council president boland, is it possible first to refer to coming.

B

To the whole, in two meetings february, 12th and 26, there is this something that.

B

You hinted at that. If we do not come to a conclusion on the 12th that we feel.

B

Like we hope to handle in a third reading rather and a third reading, we'll have to refer to committee the whole again on the 26th indeed. Well, it's.

C

What's not proper, I mean it was quite a two-thirds vote to suspend the rules. I.

C

Mean it would be with the rules, the committee, the whole cannot extend itself.

C

And it it meets as a courtesy to the council and it's all men, nine members.

C

But I would defer to mr. sherman.

F

This is the best way if you want to allow the committee of the whole to take.

F

It up unto two occasions rather than one make an emotion from the council at a.

F

Regular session or special session, I'm sorry, I didn't follow that. What we're.

C

Let's work out right now, I know you're sad, it's how you do it. That's, okay! As to.

F

Way to to have the committee require two-thirds vote to approve, to give it a.

C

Second reading, otherwise it's supposed to come back to regular session. Then it can be recommitted to exactly the whole once again, okay, so by a two-thirds vote of council tonight, we could refer it to.

B

Committee the whole for two meetings. Potentially, yes, all tonight, 26 may not.

F

Need two-thirds vote but I I think it might be a majority. Can you confirm it.

C

Because I think that makes a difference, can you confirm that? That's not in my.

C

Experience take, it must be second, it is debatable.

O

And I in the vote and needs a simple majority to pass correct me if I'm wrong.

O

Please yeah, that's a literally. Never my understanding of committee of the whole.

P

Let me just clarify that that draft motion was contemplating both.

P

Possibilities, so I don't know that the two dates necessarily when we, when we.

P

Crafted that draft motion, the two dates were applicable to the committee of the.

P

Whole, I think it was contemplating the competing motion to refer to this ad hoc.

P

Committee that could meet on the 12th and the the other date yeah. I mean city.

C

Code says committee: the whole cannot extend itself, we don't just suspend that.

C

We'd have to have be a two that this should be a two right, but it's silver.

C

Parts: a two-thirds majority to the two meetings once committee. The next is.

O

Legislative action, which is what's going to happen anyway, that's related in.

O

Theory, I anticipate one more meeting for details and then we're ready and it'll.

O

Either it'll either fail or it'll pass. Second question: I think you've now.

B

Addressed, which is basically, how did how do you, mr. simms or council member cincy,.

B

See the crafting of amendments and that sort of conversation with relevant.

B

Stakeholders happening would there be invitees to a work session ahead of time.

B

Email and communications between staff and stakeholders, or would this all take.

B

Place at the committee of the and come back to us for actual regular.

B

Session, I would, what is your anticipation, I think, as as we have been.

O

Doing is that our council legal folks have been clearly communicating with all.

O

Council members with all updates and necessary information, so I don't.

O

Anticipate any changes without we've communicated sharing that with everyone.

O

I don't think it'll require a work session schedule, in fact, and there's.

O

Just me, I really think that one more meeting is sufficient. I think we're.

O

Close enough that we can move forward and part of the issue with this and.

O

Moving it around is that we have such a full council agenda schedule. I think, and.

O

I do not want to minimize this its importance, but we gots a lot of.

O

Important stuff to go- and I don't want this- to drag along and as one of our.

O

Public commenters say: let's get this done and the sooner the better as long.

O

As it's fair and equitable and again recalling the lens of which I look at.

O

Those things I think that would be my preference and the most we're still in.

C

Questions for this done questions of constant, repeat month, smith. Yes, my.

E

Question is in a committee of the whole: can the format be a round table with a.

E

Discussion, or does it have to be the typical council sits up here and the.

E

Public just comments that counts: do whatever it wants sure. What do you want.

F

To do if you want to be have a typical on camera, if you want to do it on camera,.

F

We've done tables in the middle of this room. You could do that.

F

Just work through the president and we'll make sure that the room is.

F

Configured as you wish, I think that you're allowed to there's no prohibition.

F

Against referring matters to the committee of the whole, so I don't do not.

F

Think you need a two-thirds majority at this meeting. You can say: kick it back to.

F

The committee of the whole and also the next two committee, that's a whole. You.

F

Can do that as it is a at a regular session by a simple majority. That's my.

F

Take on the boat required further questions you made. The motion: did you.

C

Have a question any other questions: okay, any comments on the motion before.

C

We vote on it. I have one if no one else does: okay.

C

This is been exactly my point, first of all, I'd if no companies are.

C

Being villainized, it's because the towing law is inadequate to prevent that.

C

Perception everyone in the agrees we need to address these problems.

C

Sensitively, the committee of the whole is not a sensitive instrument. It's all.

C

Nine members here it's formal, we've, always treated it formally. We've never.

C

Had rules we've never adopted rules, for example the limiting of comment we will.

C

Have to do that as well, and that's done in regular session, not in during the.

C

Committee of the whole, the the all nine members here wide.

C

Walleye members be the you'll you'll have a chance all nine members. Okay, I.

C

Know you, I know you want to talk all nine members are here it. It leads to.

C

More talk and we're trying to limit the amount of time there's going to be a pud.

C

On the twelfth and 26 the trinity, oz, pud, so and and staff has been eager to.

C

Planning staff is eager to have those meetings the beginning so already.

C

Looking at a committee of the whole around 8 p.m. there needs to be a lot of.

C

Back and forth, a lot of people need to be there and counsel for sims is motion.

C

Compresses the time if he believes it only needs one more meeting, I disagree.

C

With them, I think it needs to. I think that we need to just have that.

C

Conversation with all the players to figure out what the amendments need to.

C

Be, I don't know they're gonna be written by then, but they should be discussed in.

C

Public first and then written, and we don't need everybody here to do it. Ok, I.

C

Certainly am not volunteering to be on the committee. I will serve if people.

C

Would prefer me to, but I think I'm doing enough for the council as it is for.

C

Members is plenty it's we have this mechanism in code 2. I would urge.

C

Everyone to to let it let it go to an ad-hoc committee, which automatically has.

C

A second meeting we don't do anything special to to go to a second hearing for.

C

The committee- thank you, customer sims 1 meeting will be plenty before we got.

O

Here tonight there was anticipation such that we did liber8 it to change a.

O

Structure of this meeting because we anticipated so many folks to have public.

O

Comments tonight and that did not work itself out, so I am not saying that it.

O

Won't happen, but I see no reason why we need to anticipate something like that.

O

In the future, we are very close to where we need to be one of the things with.

O

Myself and and some of the other council members have been involved in so has our.

O

Legal folks, on both legal off city, legal and our council legal, I have gotten.

O

Emails directly from some tow company owners, they have expressed their.

O

Concerns we have kind of communicated back. Some of these amendments reflect.

O

Some of those concerns- and I think that we went- is or continue to do- that I read.

O

A list earlier at the beginning of this of all the folks that we have invited.

O

There are stakeholders here and everyone, it's posted, so we've had a.

O

Chance to review all that- and this is the comment we got- I'm happy to get it.

O

But it was nothing near what we anticipated and I have no real reason to.

O

Think that will be totally bombarded as we move forward again. I will repeat: I.

O

Think we're very, very close to settling working through this and then I'll shut.

O

Up and the councilmembers sanbir sanbir my question about who on the staff is.

J

Responsible to assist this council in making decisions like this is that I.

J

Think if there needs to be a more informal meeting around a table with the.

J

Stakeholders with bpd with economic and sustainable development, whoever legal we.

J

Need to get that's the meeting I was hoping to have not to have us. Do.

J

Additional work through ad hoc or whatever committees, it's one of my.

J

Reasons for opposing the whole standing committee system to begin with is I want.

J

To make sure that this is properly vetted, that everything is, you know.

J

Worked out to the satisfaction of all the stakeholders here, but I'm not sure.

J

That's our job up here. I think I would depend more on the professional staff to.

J

Work things out make recommendations back to us for a committee of the whole.

J

Discussion or a regular session vote something up or vote something down the.

J

Additional work- that's being created here in my mind, is a little bit.

J

Cumbersome and of course, we all want to get to clarity, but I'm relying more on.

J

Our professional staff, after we've, heard all the concerns tweak this get it back.

J

To us in a way that that the sponsor this legislation is comfortable with and.

J

Then we take it, take it up there as a body the whole, all nine of us not just a.

J

Few of us, thank you that reflects one hour, so we are, and I.

C

Will allow counselor people on smith to have the final say, and then we must vote.

C

On the motion, yes, I I disagree with councilmember sandburg. I think that.

E

Standing committees, if they had been in place, would have been the ideal way to.

E

Handle this legislation: this is legislation that originated with.

E

Councilmembers not with the administration, a standing committee.

E

Could have held hearings round table had all the stakeholders and city staff.

E

Involved before writing, the legislation could have avoided kind of a half or.

E

Three quarters of the way baked cake being presented to us on january 22nd.

E

That's what standing committees are for to to specialize in certain areas and to.

E

Take public input, stakeholder input and in draft legislation. I think that if we.

E

Had had the standing committees standing committee on transportation or on.

E

Sustainable and economic development could have taken this up and been much.

E

More efficient with it, I think that at this point you know it's fine, we've.

E

Already heard it in committee the whole, let's hear it again and committee of the whole, I'm not gonna. You know go to bat for that, but I think this this issue.

E

Really makes the case for standing committees with that. We must conclude.

C

We're out of time, sorry, we need to get to the next thing. We limited this to an.

C

Hour, if emotional table with okay, we will have a roll call vote and the.

C

Motion to recommit to committee of the whole meeting, I still think that that.

C

This goes against code motion is for one meeting, so come back on the 19th.

F

In other words, yeah.

O

As a theory, actually, the motion said, if necessary, question quick question.

C

Customer sentence gambler meeting as we choose, so if we wanted to have a.

I

Dialogue, rather than a more formal, dance thing, we could do that correct. Certainly.

I

All right do we need to would we need to document that in any special way in the.

I

Context of this motion, or do we just do it? I think we will go through the.

F

President, the council and arrange the room according arranged then great. Thank.

I

You ready, yes, please councilmember, rosenberger, no simps, yes, bowen! No!.

G

Piedmon smith. Yes, clarity! Yes, smith! Yes, sandburg! Yes, bravo.

G

Yes, family, yes, the vote is seven to two. We will recommit to committee of the.

C

Whole on february the 12th, and we will make arrangements for how the meeting.

C

Will be conducted between now and then thank you now to the next item. I moved.

E

That ordinance, 2001, be introduced and read by title and synopsis only needs a.

C

Second, we have a motion, a second all in favor, say aye, aye opposed, say, nay, well,.

C

The clerk please read ordinance 2001 to amend the city of bloomington zoning.

G

Maps by rezoning a 3.2 acre property from commercial limited to a planned.

G

Unit development and to approve a district ordinance and preliminary plan.

G

Regarding 105, south pete ellis drive, curry urban properties, petitioner, the.

G

Synopsis is as follows, or in its 2001 word, rezone a 3.2 acre property from.

G

Commercial limited to a planned unit development and approve a pud district.

G

Ordinance and preliminary plan to allow the construction of a mixed-use building.

G

Land use committee recommendation is: do you pass for.

G

Zero-Zero, thank you. I move that ordinates 2001 be adopted. We have a.

C

Motion in a second here to present is jacqui scanlon trim. I have a motion.

E

About how to structure deliberation about that? Yes, please go ahead. I move.

E

That the council suspend the rules to structured deliberations on ordinance 2001 in the following manner. There will be a presentation of the proposal by.

E

Planning a transportation staff and the petitioner, these shall be limited to ten.

E

Minutes for staff and ten minutes for the petitioner council members may then.

E

Ask questions and receive answers. These shall be limited to three minutes per.

E

Council member, which includes the response and is further limited to a.

E

Total of 30 minutes the council will then consider any reasonable conditions.

E

For each reasonable condition there will be a presentation by the sponsor which.

E

Shall be limited to three minutes, then council members may ask questions and.

E

Receive answers: these shall be limited to two minutes for council members, which.

E

Includes response and is further limited to a total of ten minutes, then members.

E

From the public will have an opportunity to speak to the reasonable condition.

E

Once and for no more than two minutes each then the council members may follow.

E

Up with another round of questions, subject to the above restrictions,.

E

Lastly, the council members may comment before voting on each reasonable.

E

Condition when commenting council members are limited to two minutes per.

E

Reasonable condition, then, upon consideration of the final, reasonable.

E

Condition, council members may ask questions and receive answers limited to.

E

Two minutes per council member and further limited to a total of ten.

E

Minutes then, members from the public will have an opportunity to speak to the.

E

Proposal once and for no more than two minutes, this is on the overall revised.

E

Proposal then the council members may follow up with another round of.

E

Questions subject to the restrictions as both and then lastly, the council, members.

E

May comment before voting on the proposal as modified by the reasonable.

E

Conditions and when commenting council members are limited to three minutes per.

E

Member and no more than thirty minutes total and finally, a motion to extend.

E

This time will require a for a majority vote. Is there a second? We.

C

Have a motion in a second any discussion of the motion. I'll simply say it's our.

C

Goal to get out of here at a reasonable hour, we've got about two and a half.

C

Hours left, so we hope I hope that this will make sure of that any other.

C

Questions or comments, if not I'll, entertain a motion. I think a.

C

Voice note is okay if we want to take a voice vote. Mr. chairman.

C

So we need a roll call vote. They have a motion in a second with the clerk. Please.

C

Call the roll on the motion, councilmember simms,.

G

Out of the room, councilmember boland, yes, come to member piedmont, smith. Yes,.

G

Council member clarity- yes, council, member smith, yes councilmembers,.

G

Sandburg, yes, kent's member rallo, councilmember.

G

Rosenberger, you skipped one, I'm sorry, council members kimberly. Yes, captain.

G

Murphy rosenberger. Yes, that's a 700 votes, so the motion is adopted.

C

We are now ready to present council. I will just combine the ten minutes and.

C

Ten minutes into one 20-minute period go right ahead. Okay, good evening tonight,.

V

We are discussing a pud 34:19, the property is located at the corner of.

V

Pete ellis and longview with 7th street on the west side. This is on the east.

V

Side of town you can see here in the location map, the property is 3.2 acres.

V

Currently, zoned commercial limited the comprehensive plan designation has this.

V

Property at the southeast corner of the regional activity center for the new.

V

Hospital location and part of that focus area and it's currently undeveloped. The.

V

Pud proposal before you is a preliminary plan and district ordinance to rezone.

V

The property to a planned unit, development and this planning and.

V

Development would include one four-story building that.

V

Would contain a roughly nineteen thousand square feet of commercial space.

V

It would also contain multifamily with 264 units at 344 beds, the bed makeup.

V

Would be a combination of studios ones and twos and I believe, a third of those.

V

Units would be two bedrooms. The petitioner is proposing 306 on-site.

V

Parking spaces and 15 on street parking spaces back in only would be designed.

V

For pete ellis the property, because the property is smaller than five acres, that.

V

Requires a waiver for approval. The proposed uses on the site include those.

V

Uses allowed and commercial limited, adding the use dwelling multifamily so.

V

That units could be placed on the first floor at the location and removing a.

V

Square footage limitation on allowed retail in the district development.

V

Standards proposed include a maximum of 30 units per acre. They are proposing 29.

V

In this current design, they would use commercial, limited, architectural.

V

Standards accepting some of the modulation requirements for first-floor.

V

Commercial which they have replaced with other modulation, but not meeting the.

V

Exact existing you do standards, some some of the other relevant data is set.

V

Back from the north property line would be a minimum of 15 feet for the majority.

V

Of the building and the cl setback is 7 feet, so double the double the existing.

V

Requirement and then the setbacks along the three frontage is very the.

V

Petitioner is planning 34%, open space and again 4 storeys with a maximum.

V

Height of 57 feet, currently, the commercial limited density allowed is 15.

V

Units per acre and again this site is proposing 30, as they are district.

V

Ordinance with the actual design of this building being 29, we have 306 parking.

V

Spaces designed in the center of the building in a parking garage in the.

V

Middle module with 346 beds, that's 0.88 parking spaces per bedroom. Some of that.

V

Parking, though, should be allotted for the 19 thousand square foot of commercial space and would be which gives us an actual ratio of 0.7. One.

V

So these are the conceptual site plans again tonight you are actually approving.

V

A zoning ordinance not a site plan, but because this is one parcel we often.

V

Receive a lot more detail, and that is why this appears to be a site plan. So.

V

You can see there are two open areas to the building. The one on the left would.

V

Be for residents and the one on the right would be for residents and tenants.

V

Of the commercial space with some other outdoor areas programmed in the north.

V

West and southwest corners of the property, so they did were able to.

V

Provide renderings, so this is the southeast elevation. So when you're.

V

Looking to the right that is pete ellis, you can see some of the design that is.

V

Planned for the site, which includes these on building cisterns, which is part.

V

Of the stormwater management plan that has been planned thus far for the.

V

Location and then this street here is longview. This is 7th street to your left.

V

With longview to your right- and some of you may remember that this petition to.

V

This came forward previously and the council did not hear that petition. One.

V

Of the large changes architectural ii from that petition was that that this.

V

Corner this was the previous corner, which red, obviously as five stories at.

V

The corner, 14 beds and 14 units were removed and the site was redesigned.

V

Because this is the lowest location on the lot, so these are actually basement.

V

Units that that this building could still read, as for at this location, with.

V

An open terrace on top and this module immediately adjacent to the corner.

V

Excuse me was pushed back to make room for open area pocket park, area and less.

V

A less kind of heavy experience for pedestrians, which was a large concern of.

V

Staff, the first time around this location, so these are the elevations we.

V

Actually received some information from the petitioner today that the northern.

V

Elevation has been tweaked a little bit, so we can. We have that data and they can.

V

Go over that with you as well, but this is the panellist drive which you saw in.

V

The first rendering and the long view drive here again with the parking garage in the center, and then we have the 7th.

V

Street elevation here with the corner that was amended located on the right.

V

And the north elevation, which I will show again, has changed so, as I mentioned.

V

This is in the corner of the edge of a focus area here related to the new iu.

V

Campus hospital- and you can see that here with the red square of the petition.

V

Site so we've included the floor plans if you'd like to discuss those again, not.

V

Necessarily approving an exact site plan, but approving a set of guidelines for.

V

Site plan that this building needs, so the pud district intent comes from 2004.

V

0 10 and the department concluded that the proposed pud does offer a unique.

V

Architectural design, especially in this area and a range of benefits and.

V

Features for tenants, additionally, the plan offers diverse housing and.

V

Obviously, the needed addition to housing stock in general, which is a clear desire.

V

Of the comprehensive plan, the petitioner is proposing on-site workforce housing.

V

Units with 10% of the beds being available for a maximum to a maximum of.

V

100% of area median income and 5% of the beds at a maximum of 120 percent. So that.

V

Is a 99-year agreement for on-site units so that that's great that's what we have.

V

Been working toward with other locations, so they have agreed to do that. The.

V

Petition did receive a favorable recommendation from plan commission and.

V

We had seven conditions that came out of that. They also recommended waiver of the.

V

Five acre minimum: some of these are typical some typical conditions that we.

V

Include including delegation, the final plan approval to pnt departments, staff.

V

Receiving encroachment agreements from word of public works before grading.

V

Permit issuance the recording of their work house, workforce housing, commitment.

V

And other things related to board of public works.

V

And we put in as well that they will submit a traffic study with the.

V

Application for their final plan approval and that we will receive more.

V

Information about what lead compliant practices they have planned. So this.

V

Petition went to land use committee for the first time on january 15th. The five.

V

Main issues that came out of that that hearing were a questions about plan for.

V

A bike path: the request for a shadow study, more information on bike parking.

V

Questions about traffic, especially at pete, ellis in longview and information.

V

About greenhouse gas reduction, so the petitioner was able to supply some of.

V

That which I think was answers were in your packet and the petitioners here.

V

Tonight as well, I did include two images from the shadow study, so this building.

V

Is the by right building allowed in cl and you can see the neighboring property.

V

To the north, the apartment building immediately to the north here and so.

V

This would be the effect of a by rights building on that structure, and then this.

V

Is the effect of the proposal on that structure as well, so that was discussed.

V

At the january 29th lien use committee, and then we received these elevations.

V

Today, as I mentioned, the petitioner can describe these in more detail, but.

V

Basically, this is the northern elevation here there have been some changes made.

V

Since land use committee and these pockets here, 1 2 3 & 4, where they were.

V

Further recessed than had previously been- and you can see the cut out here in.

V

This design, showing, where that lines up on the building and that those areas.

V

Would be recessed to provide more separation from the property to the.

V

North, so the land use committee also recommended approval to common council.

V

With a vote of 4 to 0, reasonable conditions were discussed at the hearing.

V

None specifically were were voted on at that time, but I know I believe you have.

V

Received some today that I'm happy to discuss as well- and I think that's all- I.

V

Have and I'm happy to answer any questions. Thank you that's here. So, let's hear now from the petitioner, you'll have ten more minutes.

W

Good evening my name is tyler, curry, I'm the petitioner. I want to thank you.

W

All this, this has been a long time coming and and we and my team have been.

W

Working on this for almost two years now, so I'm very excited to be here tonight.

W

Even though it's late with me, I have a lepton, the chief.

W

Architect of the building- and I have steve bri hop with smith, pre-op civil.

W

Engineering firm, many of you know him, and we hope that we can address your.

W

Questions and and put your mind at ease over any issues that you might have so.

W

Again, thank you and we look forward to answering your questions tonight. We've.

C

Come in early just over ten minutes, so it now it's time for council questions.

C

On the the project as a whole, before we get into reasonable conditions, are there.

C

Any questions oh wait. First, we have together report from the land use.

C

Committee will the chair please report. Yes, I'm very sorry. I forgot to mention.

E

This when I proposed how to structure the debate, but we do need a brief report.

E

From will angie's committee to our colleagues that are not on the land use.

E

Committee, so this was in the council packet, but.

E

And some of it has been covered by miss scanlan's report. There were concerns.

E

About stormwater drainage, which were addressed by engineers both for the.

E

Petitioner and through the city staff that assured us that the drainage would.

E

Not be any more than previously according to state law, that has to be.

E

The case and then there were concerns about traffic and the fact that there.

E

Was no recent traffic study done? There were some questions about bike lanes on.

E

Pete alice and how the how the transportation plan might dictate.

E

Certain pedestrian and bicycle facilities in this area we talked about.

E

Parking, we talked about screening the parking garage we were interested in.

E

More specifics about the green building features and there were concerns about.

E

Sound and light pollution from the exterior amenities there is an.

E

Amphitheater in the north west corner of the site proposed, and there were some.

E

Concerns about how that would be used, and there was not in the. I don't think.

E

It's in the final proposal, but previous hearings indicated that the developer.

E

Wanted to have a large screen movie viewing opportunity for people in this.

E

Residential complex, and so there were some concerns about sound and light.

E

Coming from that, so these concerns led us to propose the reasonable conditions.

E

That we will hear tonight, I will not rattle them off now, since we will take.

E

Them one at a time I just did want to say that if you, if you look at the.

E

Report reasonable the the ideas for reasonable conditions, the first and.

E

Second, one have been combined into one and reasonable condition: number nine has.

E

Been dropped because it's already city code to maintain pedestrian access.

E

Around a construction site, although I believe that we can do and should do a.

E

Better job in enforcing those rules, but we did not feel the need to actually.

E

Propose that as a condition as it's already required, so that's my report. We.

E

Voted for zero on january 29th, with the understanding that we would have.

E

Reasonable conditions attached to this proposal, thank you for the report.

C

Are there questions for the project as a whole from council members.

C

Councilmember smith, like mr curry, we had we've had some.

H

Meetings with district 3 residents that are right there by by the development.

H

And so one of the one of the look that you know broader sense, the question is.

H

How do how do you think that this impacts, the quality of life in the.

H

Neighborhood and I guess people were concerned about, you- know the traffic and.

H

Size and and commotion that it may disrupt the cambridge square residents.

H

So I think it's your building looks great. It's really a nice many nice.

H

Features in it, so don't don't take this as that, I'm a naysayer, but the the.

H

Residents have people in the neighborhood, they have some concerns.

H

That it's going to negatively affect their quality of life. So if you'd like.

H

To kind of respond to that, so that they get a sense of how you feel about that.

H

Or any mitigating factors, and I'm new at this- so pardon me if, if I ask it in an.

H

Improper way, thank you. I don't take offense to your comments and I.

W

Appreciate the fact that you, like the building design, I opened myself up and.

W

Dealt with the neighbors, however, you want to categorize that wherever that.

W

You know near and by and some of them are sitting here and I think we've had.

W

Very good conversations in my opinion, they've been very positive. I've.

W

Addressed their concerns, I don't see this building being a negative or having.

W

A negative impact on the nearby community. I see it as having a positive.

W

Impact number one we're not doing a student oriented development, okay, so by.

W

The sheer fact of doing the size of the units of studios and then one bedrooms.

W

Which are the general makeup of the the density we're attracting a certain.

W

Hopefully, trying to attract a certain type of perfume, professional or people.

W

That want to be in that area and live in a nice building, but the positive impacts.

W

Are you know where we are in this infill a lot? You know it's it's attractive to.

W

Many places nearby and we're promoting walking we're promoting bus routes, we're.

W

Promoting bike routes- and I think that it that increases the quality of life.

W

Because people can have the choice to go out and get to their destination by.

W

Walking or writing other means in a car and just by the sheer building materials.

W

And the amount of the emphasis we put on just the architectural design, I think, is.

W

Going to increase not increase, it will not negatively impact anyone's quality.

W

Of life, this will be the nicest building anywhere we're close to that area. If you.

W

Know the area you know there's some aging's structures out there. We also are going after in the 19 or 20 thousand square.

W

Feet of commercial space that we have on on a single use tenant, so hopefully that.

W

Would be medical oriented in some way shape or form it's my time. Thank you.

H

Very much thank you next question from cast members on the project as a whole.

C

Seeing none it's time to go to reasonable conditions. This may go faster.

C

Than we expected, who has the first condition to present, I move reasonable.

E

Condition one to ordinance 2001, he just needs a second.

C

We've motion in a second go ahead: concert fume on smith,.

E

So this reasonable condition is intended to address concerns about noise and.

E

Light pollution affecting the neighbors by one prohibiting the use of sound.

E

Amplification that can be heard beyond the site, in violation of bloomington.

E

Municipal code 1409, which is our noise control ordinance and to prohibiting.

E

Light trespass or glare beyond the site, in violation of the newly adopted, but.

E

Not yet implemented you do so that is basically what it says. I'm open to.

E

Questions questions for a councillor, peapod smith, about reasonable condition.

C

One conference minute, councilmember simms, thank you. I would just like a.

O

Little clarification on point number two, and what does that look like prohibiting.

O

Light trespass or glare beyond the site. What is what is your vision for that? I.

O

Think I understand I just want to be sure. So is it in this with them I'll go.

O

Ahead, I'm sorry there's in in the you do there is a section on lighting and there.

E

Is there are rules about light from a site? Cannot project more than I don't.

E

Know one candle for so: yes, there's a maximum number of foot candles. This is a.

O

Down lighting and all of that that we talked okay, thank you just wanna make.

O

Sure, thank you. I have a question council member smith.

H

How is the, how is the light pollution mitigated, or how might it be? um It's.

E

Maybe miss gamlen can talk about the section and sure, so I think that this.

V

You know and miss p dot smith and correct me if I'm wrong is trying to so.

V

You can see here on the screen. There's an outdoor amphitheater designed for.

V

This area there's also been some discussion of movie viewing. I believe, in this area, trying to reference the portions of the.

V

Code that would minimize the adverse effects on the immediate neighbors.

V

Including lighting, so we have lighting standards that don't allow for certain.

V

Amounts of light to cross over a property line, and we would, if a neighbor.

V

Said: hey there's there you know having a program out there and it's shining into.

V

My lights, we would go and measure and see if it meets the requirements. So the.

H

Individuals in came in came at cambridge square if they said. Oh, it's, it's really.

H

Light, they could call us and we would check and make sure it met cope. Yes,.

V

Thank you further questions on reasonable condition. One I'll take a.

C

Crack at it, the noise control ordinance has been it.

C

Since it was made more stringent several years ago, it seems to have been quite a.

C

Little bit more successful, can you characterize very briefly the like how.

C

The noise control ordinance would be enforced in this case, like what I mean.

C

The concerns the neighbors had about sound projecting from the building that.

V

Is the noise control ordinance is not enforced by claiming transportation.

V

That's they would call the police and they would come out and then- and I don't.

V

Know the exact rules of what the what is allowed to occur there, but they would.

V

Make sure it was within the bounds of code well, there is, if I'm correct, if I.

C

Remember correctly, a $50 first $500; second, fine $500, third, five, but it's a.

C

Multi-Family building so would the fine be assessed to the building owner. I.

C

Don't know we are not involved with that at all. That's not something. We looked.

V

Into and apologized okay, thank you any further questions, unreasonable condition.

C

One I have another question cast member smith. Yes,.

H

Well, the trees tree-lined be preserved or part of it be preserved, and I'm.

H

Asking for somebody who likes the lancashire, mr. smith, this is not related.

C

To is it related to outdoor lighting standards? We're talking about yes under.

H

That, okay, under that guys, I'm asking all right steve bourie up for the record.

X

In if miss scanlon can bring the exhibit back up again and I'm thinking of the.

H

Ones between them and cambridge square between 9, cambridge. Yes, I understand and.

X

I was going to point out which ones could not be preserved, in which ones we.

X

Believe would be preserved if you look at the ones at the far north west corner.

X

Near the amphitheater, where there was a lot of concern about noise and light in.

X

That area and those at the northwest corner would be preserved. The ones.

X

Between the building and cambridge square, some are on this site summer on.

X

The cambridge square site, obviously the ones on the cambridge square site- would.

X

Be preserved the ones on this site. Now we will attempt to preserve and then the.

X

Ones at the far eastern edge are eight to ten feet on to this site. Those can't.

X

Cannot be preserved? Okay, thank you for responding to that further questions on.

C

Rc1, seeing none, we will go to the public now for comment on reasonable condition.

C

One only we would like to comment on it. Please come to the podium.

C

There will be there's no public comment on it.

C

You'll have two minutes. Okay, I am still concerned about that. Could you state.

C

Your name, honey, cook, 'land resident of the area, I'm still concerned.

Y

About that amphitheater and not understanding why it is so essential.

Y

The cambridge square residents are elderly and disabled, and most of them go.

Y

To bed at 8 o'clock- and I suspect most of the residents in this building will.

Y

Not in an amphitheater will encourage them to stay outside.

Y

I'd like to ken talked about quality of life and consider what else could be in.

Y

That space I've suggested to tyler what about some kind of exercise area I mean.

Y

There are many things that would be wonderful in that green space that are not loud at all, so that is a major concern for me about quality of life. The.

Y

Light I'm looking at in the reverse, I'm looking at the lack of light. Oh, I guess.

Y

I shouldn't talk about that right now, right, ok, so just I'm concerned about the.

Y

Lack of light- and I don't quite know what tyler's explained here- I'd love to.

Y

Hear more about how those setbacks will change things.

Y

That's certainly light across a property line. hmm I mean that doesn't get in your.

Y

Windows- I don't know that that seems like quite an ordinance. That is not.

Y

Going to help very much for the elderly. Thank you comment on reasonable.

C

Condition 1, if there's no other public comment, we'll come back to council for a.

C

Second round of questions, no more than 10 minutes are there any follow-up.

C

Questions, councillor repeat: mun smith. Well, I don't.

E

Know if mr curry wanted to respond to that public comment since he rose, I want.

E

To give him a chance, can I yes, please I'll make this real.

W

Quick that amphitheater is not near and dear to my heart.

W

I mean seriously, it was an afterthought to begin with, I'm happy to throw it out.

W

The door because we are still dealing with the change in the landscape in the.

W

Northwest corner: that's not going to change the sidewalk and stuff down there.

W

Is it is what it is and we were just trying.

W

To be creative, so I'm not going to take that space away. It still is what it is. I.

W

Can't change it. Let's just get rid of the fact that it's an amphitheater, it's.

W

Nothing it's a place to go, sit and read a book. That's it.

C

If I can actually ask a follow-up question to that, would you please define.

C

What your understanding of an amphitheater is well, my understanding is.

W

A place that gives you a platform to perform outside, but I mean this.

C

Reasonable condition of removes the right to to amplify any sound from that.

C

Point that's right, but it doesn't remove the fact. I can still take my acoustical.

W

Guitar and set out there on a saturday afternoon and right I mean, is there any.

C

Any thing like special about what you had planned to how you would plan to.

C

Prepare the site in order to help amplify sound or even acoustically. No so.

C

Amphitheaters, a euphemism for an empty space that you put yes again, we're.

W

Dealing with the topography in the change in elevation in that left.

W

Northwest corner of the property that is not going to change, I believe, and so.

W

We're still gonna have the sitting stones there and I understood that's all.

C

Thank you any further questions before I go to comments on rc one, seeing the.

C

Question comes from for clarity. Yes, the reasonable condition addresses.

B

Amplification of sound and the potential for a mitigating light pollution or.

B

Limiting light pollution, how will we not vote on this with this.

B

Reasonable condition be withdrawn now, in light of the petitioners statement, just.

B

Now, how is that incorporated into the planned unit development that we vote on.

B

Now it does that make sense that it has sort of changed the condition we are.

C

Looking at it's only changed part of it, it's not a change. In writing. Part two is.

C

Still applicable, there's still a concern about light emanating from the building.

C

And it requires the building to comply to the outdoor lighting standards, but I.

C

Mean I think you can argue in the final comment that if it's unnecessary to vote.

C

On this well, but they don't think it changes it until there's an amendment to.

C

The amendment- I guess the other part of the question remains, which is if mr.

B

Curry wishes to scrap the amphitheater from the plans. Does that need to be.

B

Incorporated in some way, by way of amendment tonight, in order to actually.

B

Include that, and it I mean it needs to be in writing mr. sherman direct that.

F

Question to miss scanlon is the amphitheater unnecessary and element of.

F

This project, okay, so first I would no, I would say no so, and what what they've.

V

Designed here for this amphitheater is, it looks like three tiers of limestone.

V

Seating with a flat concrete area in the front of it, and that's basically about.

V

It so whether that's installed or not, I don't know that you can stop people from.

V

Going out there on a saturday and playing their guitar, if that's all they're able to do now, I'm not sure I mean you would all would have to decide.

V

What the benefit of making sure this tiered seating is removed. I think it.

V

Could be a nice air, I mean we saw it as a nice outdoor area that was initially.

V

Pitched as available to not just residents, but basically anyone in the.

V

Area, no, I don't think it's integral and as a reminder, we're not approving a site.

V

Plan here we're approving a zoning code for this lot. So something like this if.

V

They don't want to put it in, we wouldn't, you know, hold them to it. It's not.

V

C

Okay: let's go now to debate on reasonable condition. One.

C

Any comments remembers: we have ten minutes, two minutes per person per bite.

C

Anybody, no, no, no! No! No! No I'm gonna say one thing. I I think I'll take my two.

C

Minutes the the amphitheater is in name only I mean we can. We could amend this.

C

To just say there will be no amphitheater, I don't think it's.

C

Necessary at this point, I think that we've discussed it enough to realize.

C

That it's a a sitting area, so I don't see any harm in passing this as it is.

C

Like it doesn't really, it just puts restrictions on the place. You know like.

C

I don't know it puts the the restrictions that would prevent it from.

C

Being used in a way that was a concern of the neighborhood, so I think we should.

C

Just pass it as it is, we have a motion in a second well, the clerk. Please call.

C

The roll on reasonable condition, one.

G

Council member :, yes.

G

Piedmont? Smith. Yes, clarity! Yes, smith! Yes, sandburg! Yes,.

G

Rallo, yes, scam, blurry! Yes, rosenberger, yes, sims! Yes, the.

C

Regional condition passes nine zero. Let's go to the next one. We have motion.

C

In a second we'll customer burrows marker, please present you'll have three.

C

Minutes this reasonable condition is asking to record in writing that the.

Z

Petitioner install an art feature or green screen on both sides of the.

Z

Parking garage that are visible to the public, so the the main side of the.

Z

Garage is on longview avenue, that's what we're looking at on the screen and then.

Z

The north side also has just a little bit of garage president that we would.

Z

Also request an art installation of some kind. Thank you. Are there any questions.

C

For constable rosenberger on my left on my right, seeing none, we will go to it.

C

Look, can we hear from petitioner and staff at least response to it? Is there.

C

Any objection to any objection from positioner.

W

We have no objection. Thank you, okay, seeing none. There are no questions.

C

We will go to the public for comment on reasonable condition. Number three seeing.

C

None we come back to the council for debate there. Any comment on our c3.

C

Promotion in a second with a clerk, please call the roll on reasonable.

C

Condition number three: councilmember piedmont: smith; yes, clarity,.

G

Yes, smith, yes, sandburg; yes, bravo! Yes, scambler e, yeah, rosen barker! Yes,.

G

Simms, yes, boland. Yes, that passes 9-0.

C

So go to the next one needs a second second. We have motion a second we'll.

C

Customer flaherty, please present you'll have three minutes. Yes, following.

B

Discussions at the landy's committee meetings, this reasonable condition.

B

Specifies that the roof of the parking structure will meet the cool or.

B

Vegetated roof standards, as laid out in the new unified development ordinance as.

B

Adopted by plan commissioner, earlier this year, specifically that anticipates.

B

70% coverage of either a white surface, which again is specified in code or a.

B

Vegetated roof. It includes a provision that allows for that percentage to be.

B

Reduced if the installation of rooftop solar photovoltaic panels require it's.

B

Reasonable condition number six relates to solar energy and, if in examining the.

B

Economics of that and how much they would like to install if going above, the.

B

Minimum petitioner decides that they want to do more solar. That would impact.

B

This seventy percent threshold we wanted to allow for that. So that is the reason.

B

Condition, thank you. Can we get a brief comment from petitioner and staff as to.

C

Their opinion of reasonable condition number four: I have no objection to that.

W

Okay, we've heard a presentation I'll have now ten minutes for questions.

C

Anyone have a question about rc number, four to my right to my left. Seeing no.

C

Questions we're gonna go to the public for comment, unreasonable condition.

C

Number four you'll have two minutes: hi steve acres from park ridge, neighborhood.

AA

I would just like to underline that we would love to see some sort of solar.

AA

Installation on the rooftop to lower the carbon footprint of this building and to.

AA

Power things that are in the buildings, such as lighting or pumps for the.

AA

Cisterns or anything related to that, so I don't know if you could ask tyler.

AA

Specifically for what that's gonna look like, but we would love to see that.

AA

Rather than a white roof, or something like that, thank you. Thank you. Any.

C

Further public comment on reasonable condition: number four seeing no may come.

C

Back to the council for debate there, anyone with a comment on our c for.

C

Council, member piedmont, smith you'll have three minutes. I just wanted to.

E

Respond to mr. akers and say that there is a forthcoming, reasonable condition.

E

Number six about solar voltaic panels. Thank you. Thank you. Any further comment.

C

Busch motion is second: will the clerk please call the roll on rc4.

G

Council member clarity- yes sims; yes, burt smith, sorry sandberg! Yes,.

G

Rallo, yes, scam, boo, larry, yep rosenberger, yes,.

G

Sims, yes, bowen, yes, piedmon smith. Yes, that passes nine zero. We now go to.

C

Reason rc number five motion is: second: will customers, rosenberger percent.

C

You'll have three minutes. This condition is asking to record in.

Z

Writing that on site parking only be offered ala carte, so that is not.

Z

Included in rent, the purpose of this is that people will then think about it. A.

Z

Little more than normal and as the petitioner has already spoken to tonight,.

Z

He's really trying prioritizing and encouraging walkability and bikeability.

Z

So it's just a way to have folks think about their use of an automobile. Thank.

C

You can I get feedback from petitioner and staff. No objection. This petitioner have any objection to rc number five. Thank.

C

You there's the presentation, will now go to stop that to ten minutes of questions.

C

Are there any questions about rc 5 to my left to my right.

C

Seeing down will go to the public for comment on reasonable condition. Number.

C

C

Yes, see, no public comment come back to council for debate. Is there any comment.

C

On reasonable condition, number five or emotion motion in a second will, the.

C

Clerk, please call the roll on rc five. Yes,.

G

Councilmember smith, yes, sandburg, yes, rallo! Yes,.

M

Scam, burglary, yeah rosenberger, yes, simms, boland and enthusiastic. Yes, piedmont.

G

Smith, yes, 30, yes, that passes 9-0 we now go to our see. Number six motion is.

C

Second, will mr. flaherty go ahead? Yes, so this reasonable condition specifies a.

B

Minimum power capacity of 15 kilowatts for rooftop solar, photovoltaic panels.

B

For reference that is roughly equivalent to two large or perhaps three medium.

B

Large home power system, solar power systems, the second element requires the.

B

Installation at least 10 electric vehicle charging stations in an area of priority parking and a design for the garage that includes features such as.

B

Conduit throughout the facility that would allow for the garage to be easily retro fred retrofitted in the future, for more electric vehicle charging stations.

B

If, if demand for stations grows over time, that element of the reasonable.

B

Condition mirrors the guidelines for the redesign of the 4th street garage that.

B

Council approved last year and with the help of planning a transportation staff.

B

To review the design elements that that will be accomplished, and then that is.

B

The whole of the original condition opinion from.

C

Petitioner and staff no objection from us. I have no objection but I will say.

W

This I will use this opportunity. You work with the city in alex crowley,.

W

To fine-tune their model in a commercial use setting, because right now they don't.

W

They have one it's more residential based, so that's kind of the initiative.

W

Moving forward in 2021, I believe, and so in working with them to how this model.

W

Works in this sort of setting in a commercial use so, based on that, I do not.

W

Have any objections to this rc? Thank you will now come back to council for.

C

Questions on our c6 any questions to my left. To my right, I have one I wonder how.

C

Much power you're thinking about installing mr curry, and do you plan to.

C

Be able to have it up and running in time to take advantage of the state's.

C

15-Year net metering, which I think is expires the end of 2022 the building is.

W

Certainly up and running by 2022, it's actually our hope that the building is.

W

Up and running in late 2021, but all considering all of this you know.

W

We hope to break ground this year, and so I think that we can get it done in order.

W

To take advantage of that right, so I mean that's. The other question then, is I.

C

Think there's more room on the roof than a 15 kilowatt array. William, so I mean do.

C

You have any thoughts about how much you might want to build before the state.

C

Deadline for 15 years and that metering runs out, which would make it.

C

Cost-Effective, I don't because I'll be honest with you, I don't fully understand.

W

The cost impact on adding this solar power energy to this sort of a project.

W

And so it's going to be a learning curve for us also- and I did a couple crash.

W

Courses here in the last 24 hours to get where I needed to get for this, but I.

W

Don't have a plan, was it correct to assume that that you're not gonna have.

C

Separate power bills for each apartment, that'll be one electrical meter. That's.

C

Right so I mean it does benefit you, or at least your your.

C

Tenants to pass on the savings that the solar would would bring. Yes, oh, but I.

C

Mean do you plan to only build the minimum, or do you expect that you'll.

C

Build more than 15 kilowatts, I mean my house is a third of that. That's just one.

C

On one one house, so it doesn't sound like very much for a building with 300.

C

People, yes plus in it yeah, you know, iii, can't honestly answer that question. I.

W

Would like to build more, I think it's a great initiative and there are benefits.

W

To it, especially long-term, so we're gonna put in conduit in the parking.

W

Garage in thinking that the that is going to expand the use of charging.

W

Stations so and I'm sure there's a lot- that's going to change over the next.

W

Couple of years moving forward on the solar initiative, so I think it's wide.

W

Open very good, thank you. Any other questions for the sponsor or the.

C

Petitioner, the staff seeing none we'll go to the public for comment on our c6.

AA

From partridge, I think tyler's pledge to look at it is is sufficient. I think I.

AA

Don't think we need to hold them to a certain amount says he's still it's it.

AA

Is new commercially, even though it is around some commercial places? I know of.

AA

In bloomington the auto place, I can't think of the name of it. Sorry, but I.

AA