It is 5 30 p.m. By my clock on Tuesday February 24th 2026. This is the regularly scheduled Board of Public Works meeting on the agenda and posted on the Web site. There were links to a zoom meeting link for anybody that needed to attend virtually. There's a meeting ID and a passcode for that also listed. So If you are a member of the public on the zoom feed and you do need to offer any public comment this evening Please use the raised hand or for the chat function for that for any of the given items. There will be also a a Petition and remonstrances at the beginning of the meeting for anything that is not on the agenda for public comment Just a quick note for the board. Sorry for the late final packet. We were working on the Tree the award for the High Street tree clearing contract turning those around quickly always can be kind of a challenge from opening those at the work session to getting Everything ready for the packet for your meeting. So sorry for that little bit of a delay. And otherwise I will turn it over to Elizabeth Caron president of the Board of Public Works and we will kick off the meeting. Thank you Adam. I called to order tonight's meeting of the Board of Public Works for February 24th 2026 and we will begin with messages from board members. I actually have a message since this is my first meeting in the president's role and I would like to thank my now vice president, Kyla Cox-Dekert, for her brilliant and thoughtful leadership of the board and to thank her for the very large shoes she has left for me to fill and how much I look forward to continuing to work together. I'll piggyback that I'm not sure that we ever had a single member of the public serve for 10 straight years as the president of the board. But Kyla did so very well and we appreciate her continued service and know you'll do a great job as well as this. So thank you. Thank you. Now we'll move along to appeals. First we have a noise appeal at 2 0 3 8 North Walnut Street. All right. Good evening Adam Wason public works director. As you mentioned this is an appeal of a noise violation for 2038 North Walnut Street Apartment 310 a. This was a noise notice a violation for a noise that was issued on January 29th 2026 about 10 55 p.m. with Officer Tyler Bodie. And we do have the officer with us today. And so the appellant, this was issued after a complaint was called in for the address. The officers arrived, they observed, or they witnessed the loud noise and talked with the residents at the property. The property, the Tyler Bodie that submitted the appeal made note that they were, did have music going, et cetera, but They were requesting a warning in these situations. They're not issuing warnings and the citations are always issued for this type of noise violation. The officers here as is and Adina from legal. Do we have the appellant online or I don't believe the appellants actually here in person or online. So turn it over the board for any questions. All right. Could we hear just. Briefly from city legal if there's anything to add to Adams report Okay, thank you questions from the board on this item Okay, are there questions from the public and again if you are online you can use the raise hand function or chat and Okay seeing none do we have a motion I move that we deny the noise appeal for 2038 North Walnut Street and I second I will call the roll Cox Deckard I Caron I motion passes Next we have a snow appeal at 530 North Grant I was gonna get a stellar introduction at him. That's Taylor from here Well aboard Taylor Brown city legal this is regarding a notice of violation issue January 29th To 530 North Grant Street I'll draw the board's attention to Bloomington Municipal Code title six chapters seven Excuse me chapter six Titles seven no titles say whatever six seven six point. Oh seven point. Oh one I had in front of my I just don't know the exact things Subsection a makes it the duty of every owner of any premises abutting a sidewalk in all parts of the city to remove or cause to be removed all snow and ice From the sidewalk to allow safe and reasonable travel on said sidewalk within 24 hours After snow or ice has ceased to fall or in any way accumulate The next subsection states that unless in a designated area downtown There is a minimum requirement of 36 inches to be maintained on sidewalks and Provided data from the National Weather Service that shows snow stopped accumulating on January 26th I know the new snow occurred after that time hand officer Sean Hampton provided the Actually issued the notice and that was on the 29th to powder monkey LLC Happy to answer any questions Thank you Questions from the board. I have a legal question about the ordinance but with the word accumulate does that also include snow that has been brought upon the surface by other means. So blowing plowing other activities that might take place in this instance the code It specifies this could be instead of just snow falling it could be You know ice that builds up on If they're shoveling like their front walk or something like that They can't just take it and then throw it onto the sidewalk if that makes sense So they can't take it from their driveway and then put it on this on the public sidewalks, right? So technically that would be an accumulation but not a not actually precipitating from the sky if that makes sense. Well the reason I ask I know we have a couple of these so we're going to talk about this more but you know in some cases in There have been some questions about issues related to activities like plowing that then increases the amount of snow that's on a surface and The the violations generally were issued a couple of days after so it would have been in most cases after The plowing had for the most part correct ceased So I just wanted that clarification that these citations were not issued like in the in-between period when Snow had fallen but the plowing had not yet happened the plowing had happened snow had fallen the plowing had happened and the clearing Still needed to happen Correct. That's the case with I think all of these. Yeah, we're about to review. Yeah, and I'll just make note here So this is one of the biggest challenges we have with in particularly monolithic sidewalks Sorry, we have Okay This is for that address. Okay, perfect. All right. We see that you're here for the gold word gold worthy miss Goldwater We'll get to your comment here in just a moment. So to go to your question Kyla is that Oftentimes the sidewalks that are considered to be monolithic sidewalks are the sidewalks that are directly adjacent to the roadway And there's no tree plot So those are the most challenging when it comes to the snowplows You know past practice has always been that you know We recognize that the snowplows are gonna move the snow off of the streets, but the sidewalks still do need to be cleared That's been past practice for many years now as far as as long as I've been in public works That the property owner is still expected to get that snow cleared. We do recognize this was a large snowfall that I You know was challenging for folks but in the end, you know, we do have plenty of examples where citations were issued for a lot of addresses across the city for not having the sidewalks cleared. Thank you. I understand we have the appellant online. So that's what's interesting is the appeal is actually. from Powder Monkey LLC, which is a rental agency or a contracting agency, so that was what threw me off with. Andrew, are you online for 530 North Grant? Yes, this is Susan Goldsworthy. Okay. And I'm online, yes. Okay, the actual appellant is Powder Monkey LLC. Is that your business? Yes, I am. Able to speak on behalf of pattern monkey. Yes Can you clarify that I'm a managing member and I'm a property manager for okay pattern monkey. So yes, okay I can speak on behalf of pattern monkey. Got it. Perfect. Okay It's now a good time for them to make comment. Yes, please. Yes, please. Go ahead Okay, so I gave you a packet I believe you should have. What we're requesting tonight is a waiver for the snow removal citation that was issued for the tenants and the property at 530 North Grant. We understand and support the city's initiative to keep the city sidewalks safe and accessible. However, the extreme circumstances of this winter storm within this time period did make it difficult not only for us, but for the county, city, the state, IU. Multiple people were having difficulties. So we are asking for grace based on the following factors that we've not had this kind of a snowfall in decades actually We have a lot of property. This is the only violation. We had the tenant that is there did call me on Monday and They were requesting a snow shovel. I did have one here they but they couldn't get their car out to come to the office to get one. Most of my people also lived out in the county did not make it and I didn't have a car to take one because I wrote in with my husband that day and had one other person that was here. We we actually started with the multiple properties that we do have. We actually started shoveling on Sunday and Monday. So we had people working around the clock even before that accumulation period had stopped. But people do need to rest. We had two or three companies ourselves spent thousands of dollars on snow removal because we do believe it is very very important obviously. One of the crews they were having trouble even went up to Greenwood because they had backed in and popped tires and these crews are that we subcontract out. They're not just plying for me, they're plying for other people or shoveling for other people as well. But another one, they were having trouble with their cylinders. I had talked to somebody with IU and I heard 20 or 30 percent of their equipment and some of their equipment was even new. They were having trouble during that period of time. This was not a typical snowfall. The city, as you know, was also having trouble on that same day at that night in your packet. You will see this is 15th Street and the street itself is not plowed. And I think we know that the streets should be plowed. This is the Bloomington, the old convalescent center, and these sidewalks are not plowed, which we're on the very same day. This is down by Showers building the very same day. I'm not saying we shouldn't and the tenants shouldn't have it Shoveled absolutely we want to have them shoveled, but we're just asking for grace that it be reduced to a warning This time and to just be thinking with some common sense that everybody was having trouble earlier that week We didn't even have a turn lane on the bypass to the Bloomington Hospital I've got another picture in the packet that shows you 10th of the bypass So this that was the state not just the city was having trouble or private contractors and individuals But I know that one of the companies told me they couldn't even buy a snow shovel except for black lumber, that those places were having trouble. I had seen some other people trying to use little toboggans and trying to shovel out. So I think everybody was trying to work on this. I'm not saying that we shouldn't be shoveling our sidewalks at all. I'm just asking that we do have some grace in this situation. And I think we do take pride in our properties. We want to maintain them in a safe manner for all of our residents throughout the entire city and the county. We're just asking this be reduced to warning because it is an unusual storm. We don't get this type of storm very often at all. And so I think it's made difficult situation for everyone. And so I would just have to be reduced to a warning. I appreciate the comments and you know, we do recognize this was a Challenging snowfall in terms of the amount of volume What I see when the in the picture that I see for what the citation was issued for was that there had been no effort at all made at this address when the citation was issued there hadn't been any any clearing done what I can tell you is from all of the appeals and different Conversations for all the addresses across the city that had notices of violation issued if there was shown to be an attempt made Staff was working with them and in almost all cases if an attempt had been made it appears that there was no attempt made at this property whatsoever This was the tenant that called me on Monday to see if she could borrow a shovel They couldn't get their car out. She asked if we could drop a shovel off I was unable to I had didn't even have a car myself, but we did offer a If they could walk up to here to even get a shovel from us, they certainly could as well. I think they were trying to shovel out. It didn't obviously you have a picture of that as well. But again, I point you to some of the city properties that it didn't look like an attempt had been made on theirs either in those pictures, if that's what we're going to go by. Not saying that we shouldn't have it safe. I'm just saying this was a really Big storm that caught everybody by surprise. A lot of people didn't even come into work for a couple of days. A lot of people were out there trying to work. My husband and my son, they were out shoveling. We were trying to do what we could as well. But I'm just asking for some consideration and grace in this situation. Thank you. Taylor, is it fair to say, is it four days after that the snow, that the ticket was issued? Ticket was issued on the 29th accumulation according to National Weather Service stopped on the 26th So Monday they had two inches and then that Thursday is when the ticket was issued. Okay All right additional questions from the board I like to know in a multi family residence such as this is that the property owners responsibility or the tenants responsibility to clear snow. I have an answer but I'll let you answer first. I think that always depends on the lease and the language in the lease. So whether it's lawn mowing or snow removal some leases will stay at state that its attendance responsibility some leases will state that its property owner responsibility. But I think that all comes down to the lease itself. Okay. Thank you. Ultimately I will say as the looking at the the law and the statute itself it says every owner of any premises. So ultimately statutorily the responsibility is on the owner. Thank you. Is there any additional public comment on this item. All right. None is there a motion? I move that we deny the appeal for 530 North Grant Street and uphold the notice of violation Second I will call the roll Cox Deckard. I Caron I motion passes Next we move on to the snow appeal at 801 West Howe Hi Taylor Brown city legal This was issued by hand inspector Sean Hampton I Will refer you to the same codes already cited to you this ticket was issued on February 2nd 2026 well after snow had ceased to accumulate This was the following week, I believe I'll spare you from repeating the previous Arguments that it's going to be very repetitive the next But I'm happy to restate should you really just be interested in Bloomington code? That's fine. Thank you. Okay, is the opponent available either in person or on zoom? Don't believe are either mr. Mrs. Newton in the audience Okay questions from the board for this Notice of violation at 8 1 West how was it a single notice of violation at fifty dollars. Was that what we're reviewing. Any additional questions. All right. Any public comment or question on this item. Seeing none do we have a motion. I move that we deny the snow appeal for 801 West House Street and uphold the notice of violation And I second I will call the roll Cox Decker. I Caron I motion passes Next we have a snow appeal at 28 11 through 28 17 East 3rd Street Hi Taylor Brown city legal see previous arguments above this particular Violation was issued by hand inspector Rob council on again February 2nd Snow cease to accumulate on the 26th. It does not appear that there was any Attempt to clear this snow at this time as well I'll just make note. This is on East 3rd Street on heavy commercial area with lots of pedestrian traffic this would be in front of chilies and Arby's as a point of Direction of which properties this is from And so this the notice was granted to The owner of either chilies or Arby's yes, okay same property owner same property owner, okay Is the appellant Online or in person today? Any questions from the board. I'm having a little bit of trouble reading the appeal but I just wanted to make sure I'm understanding their appeal. It looks like that they say they receive the notice by mail on the fifth which would align with the notice being issued on the second on that Friday January 30th, they received a call from the owner of the Chili's parcel about the citation So were they issued two citations? I'm just trying to figure out how How that was communicated a warning was issued, okay a warning and then a citation So a warning was issued on the 30th and then the citation was issued on the second. Okay, and then Let's see It says we immediately had our snow removed Removal vendor clear the sidewalks the snow issue was caused from city clearing the streets therefore blocking the sidewalks we responded immediately So that what their appeal is stating is that They after receiving the warning They did a clearing but then somehow following January 30th February or January 30th 31st. Let's imagine this happened by the 31st that somehow it became so blocked by plowing activity that it was then covered again. I just is this. This silly I have the inspector here. Yeah, so let me make a comment and then Rob I think can clarify here So what's East 3rd Street here is a state road? I can tell you from our practices within with within the city. We were not going back and clearing all the way to curb lines I'm not sure if the state went back and cleared to curb lines here or not These would that would have been an in dot route so I can't clarify specifically there But did you ever see any effort for snow removal Rob? I Hi board Rob council from the hand department on the second when I issued that ticket previously I had spoken to the restaurant manager and said hey guys you know this needs to be addressed. This is a hazard. She said of course we'll get on it and I think that's what they're alluding to and they reached out when I returned there on the second. Nothing had been touched at that point. That's when I issued that ticket. So. Like it was bad guys. I mean it was piled pretty darn deep I will say that you know, the state trucks had pushed a pretty significant mound onto the sidewalk I'm sure it was very difficult for them to clear but as Adam stated before this is a very high traffic area It needed to be cleared. I tried to speak to him as friendly as possible and then I got you know nothing out of that so Thank you, and we have no photos of this location. Is that correct? There was a photo Jeremy did you? send that photo in. I had a photo looking down Third Street and Taylor might have it. I might have missed it. That one is not in the packet that is not in the packet. Okay. Yeah. We're not going to be able to show it on the screen at this point. I do have it. Okay. Any additional questions from the board. None. Any questions from the public on this item. Again if you are online feel free to use the chat function or raise your hand and zoom. Okay. Seeing none. Is there a motion. I move that we deny the appeal the snow appeal for 28 11 through 28 17 East 3rd Street and uphold the notice of violation And I second I will call the roll Cox Deckard. I Caron I motion passes And our last snow appeal Contains for notice of violation appeals for 10 13 North College Avenue Taylor Brown for city legal This is four for the price of one as president so eloquently stated Issue the notices were issued January 30th the second the sixth and the ninth On the so for your Ease of access on the weather data I highlighted in red the First was when the last snowfall accumulated and then in the next The next 1 2 3 4 Highlighted portions again in the red circles were when the tickets were issued As you can see there was no snowfall after the 26th Just make quick note here. So you see there are four four notices of violation after each notice of violation. No progress had been made in any of the subsequent photos through the February 9th final notice of violation there. Okay. Is the appellant online or in the room tonight. We were just not sure who one of the online. OK. Questions from the board. I'm trying to I see the photos that are included and I'm just trying to gain a sense as to like is there Is there an obvious reason why those sidewalks would appear to not be like contiguous with the property to me? It looks like the sidewalks belong to the Property and there's not a lot of lack of clarity there. I just want to make sure I'm seeing it right though It's not like a stretch of sidewalk that somehow Apart from the property in a way that would cause them to not realize it was we have our inspector can explain it to you Sean Hampton Neighborhood compliance officer with the hand department the sidewalks in question were along college and then the adjacent along the side 14th Street. Yes And yeah, there was no attempt to clear those When I spoke with the person that was working there at that day they said that they had no idea that they were responsible for that and questioned the city bus stop being there too and And that is on their property. So they are required to clear the snow. I'll just make note the sidewalk sits behind the bus stop and the tree plot. There's two driveway and three driveway entrances to this property one on 14th two on college. The sidewalk sits behind the driveways. I'm looking at the Google map. Overview right now without the snow on it. So the the sidewalk is contiguous from ramp to ramp on 14th all the way up to 15th Street There's the next apartment complex to the north that you can see in the pictures had cleared their snow But they do sit off the roadway about six feet. So this wouldn't even really be an issue where Plows were pushing that snow up there either Okay And it may have been the lack of awareness since the appellant isn't here we can't clarify this but the lack of awareness could simply be a lack of awareness of the ordinance that requires the sidewalk to be cleared. Not so much that it was not the sidewalk that was part of their property. And it does look like the address for the business is at the local address but the appears that the property owner has an address in Chicago. So I'm not sure if that how long that property has been in the same hands or not. OK. Just thinking back to the last appeal and the first, was the first one given at that address a warning or a citation? A citation. And so the first on this one was a citation instead of a warning. Yes, because it was five days after the snowfall. Okay, thank you. And I might have misstated whether or not Rob actually issued did you he did Rob did issue a warning on the East 3rd Street ones on the 30th after talking to the managers Trying to and this is the same day the 30th Okay Can you I'm sorry to ask you to repeat this but could you When you spoke to someone who was working in the business, they said that they were not aware that it was theirs Yes, and then no progress was seen thereafter. I So they had admitted that they have a contractor that plows their drug or the parking lot and that that contractor may have piled the snow on the sidewalks as well. And they were unaware that this was their responsibility to take care of. Even after speaking with that, they waited till the very end when the snow was melting to address it. And actually the pictures pretty clearly show that the parking lot was cleared onto the sidewalk as well. All right. Other questions from the board. Questions from the public on this item. All right. Seeing none do we have a motion. I move that we deny the snow appeals for 1013 North College Avenue and uphold the four notices of violation. I second. I will call the roll. Cox Deckard. I own I motion passes. Thank you very much. Thanks. Thank you. Now we will move to petitions and remonstrances which is a time for questions about anything that is not on tonight's agenda. If anyone has a question about something not on the agenda, please come to the microphone and council chambers or if you were on zoom use the raise hand function or chat Thank you now we'll go to the consent agenda on tonight's consent agenda is renewal to with IMI for concrete supply bid acceptance with milestone contractors LP as primary and ENB paving and secondary for the asphalt supply. Contract addendum to asset condition project imagery with IMS and payroll. Is there anything that needs to be removed from the consent agenda tonight? No. All right, any questions from the board on the consent agenda? No. No, any questions from the public? None on Zoom. Hearing none, is there a motion? I move that we approve the consent agenda for February 24th of twenty twenty six. I second. I will call the roll. Cox Decker. I Caron. I motion passes. Now we'll move along to new business. First our new business is the preliminary engineering contract infrastructure engineering incorporated or IEI for third in Woodlawn and third in Hawthorne signal replacement project. And I see that we've made no short thing to the agenda title since yesterday's work session. Apologies for that. Neil Copper with the engineering department. So this is a project to replace two existing traffic signals at Third and Woodlawn and Third at Hawthorne. We have selected infrastructure engineering incorporated, IEI, to perform the preliminary engineering. for this project. The contract amount is set at a not to exceed of one hundred and three thousand nine hundred and forty seven dollars. We're tentatively expecting construction in summer of twenty twenty seven. Staff has reviewed and supports this contract and I'd be happy to answer any questions. Thank you. Questions from the board. Questions from the public on this item. Do we have a motion. I move that we approve the preliminary engineering contract infrastructure engineering incorporated for third and Woodlawn and third and Hawthorne signal replacement project. Second with a motion and a second I will call the roll. Cox Deckard I Caron I motion passes. Thank you. Next item is to award the high street multi use path tree clearing contract. The bids were opened at the work session yesterday. Jason current with engineering again. This project is for the multi-use path along High Street This is for the tree clearing aspect of it bids were open like you mentioned yesterday at the work session Excuse me again. This is for tree removal in selected areas and installing tree protections along particular areas along that section maintenance of traffic and the project will include lane restrictions while the tree removal process is going on and Bids yesterday there was three Bluestone tree was at sixty one thousand thirty eight and twenty one cents. Gerald and tree experts was at fifty three thousand four hundred and forty five dollars and Monroe LLC was at thirty nine thousand five hundred and fifty. At this current time Monroe LLC was the lowest responsible responsive quota and engineering recommends that we award the contract to Monroe LLC. Any questions. Thank you. Questions from the board. I infer from the recommendation that we don't have anything outstanding related to Monroe LLC. Everything's in good standing. The proposal was all in alignment with what the engineering department had anticipated. That is correct. Yes. Yes. Everything was passed within our open gov computer system so we were good. Thank you. And I have no additional questions. Are there any questions from the public on this item. Seeing none. Is there a motion? I move to award the high street multi-use path tree clearing contract to Monroe LLC Nice second. I will call the roll Cox Deckard. I Korone I motion passes. Thank you Next we have the contract with Stewart and Associates for elevator consulting All right, you get me for the next two Adam Wason public works director This is a contract with Stewart and Associates Stewart Steward and associates for engineering consulting services for the Morton and Walnut Street garage elevators they will do a review of Both of those elevators and the work that was recently completed on them to assure Quality assurance they'll do an on-site electrical elevator visual inspection assessment of current equipment and condition quality review of recent alterations Provide a report and any follow-up the total not to exceed on this one is eighteen one thousand eight hundred dollars Thank you questions from the board on this item no, I'll just reiterate what we had discussed in the work session which was the This is reviewing specifically the elevator work. It's not associated with some of the other work that we have done recently on those garages. That was a question I had asked and it was confirmed it was specific to the elevators. Yes, so the Walnut Street garage had a major rehab project over the last couple years and the Morton Street garage had a full replacement of the elevator over the last couple years. Those projects went longer and had some challenges and so this is kind of a third party inspection of that work to make sure that everything is as it should be. And just to clarify, both elevators have been signed off by Homeland Security. They are currently permitted all of those things. This is just more of the An audit of the projects as much as anything is this kind of audit typically requested after Such work is done or there are likely issues based on I will say this with With my legal representation in the room. These projects did not go like we would have liked them to they The vendor had a lot of problems with their subcontractors with a lot of staff turnover on their end. So projects that were supposed to take eight to 12 week eight weeks in one case and 12 weeks in another took a couple years. So this is our follow up to make sure that we are before we make final payments on those projects to really have a third party independent review. Thank you. I hope Audrey's not mad at me. Other questions from the board. Any questions from the public on this item. None, is there a motion? I move that we approve the contract with Stewart and associates for elevator consulting. I Second I will call the roll Cox Deckard. I Caron I motion passes Next we have the contract with route where for Recollect software. There you go on behalf of Lazarus Sears director of our sanitation division Adam Wason here. This is a Software system that we use to both push information out and allow the public to get information from with website outreach tools for our sanitation waste collection recycling operations. And so we had a contract before you earlier in the year that we pulled did some more negotiating with the software provider got a bit of a reduced cost want to give this another year to see if it can really improve our communications both to our residents and when they need information about various aspects of sanitation collection. So we request your approval. Thank you. Questions from the board. We talked a little bit yesterday in the work session about How residents may use this or not be aware of it. Could you just talk a little bit what we spoke about yesterday how you might be trying to increase. Residents use of this software. Yeah, so It's become more dynamic to the the company that Purchased the recollect software as a larger company They've added some new features to this but residents can just go to our sanitation web page sign up for this service So if we have a great example of when we're pushing information out during the recent snow storms We had a two-day delay of sanitation services So anyone that signed up to receive information was getting that sent directly to them, but via their perfect preferred communication method, some of the things that we're looking to integrate into the system. Right now we use some Google Forms online for if you want an extra Friday pickup or if you have an appliance pickup. We're hoping to integrate those requests directly into this system. And so just trying to make it more robust as we move forward with this next calendar year. Thank you. Questions from the public on this item? Seeing none. Is there a motion? I move that we approve the contract with route where for recollect software. I second I will call the roll Cox Deckard. I Caron I motion passes Next we have resolution 2026 dash zero zero six for the 2026 outdoor dining guidelines Get this to short person height Good evening Cassie. We're need Department of Public Works I'm going to summarize the staff report that we presented in full yesterday at the work session Staff recommends that the board adopt resolution 2026 dash 06 and approve the 2026 outdoor dining program guidelines The recommendation maintains Kirkwood Avenue as an open public right-of-way while continuing to allow parklets for outdoor dining This approach balances stakeholder interests and maximizes overall public benefit Under the ordinance 2025-02 staff update the outdoor dining guidelines each year through the Board of Public Works The ordinance also authorizes the city engineer to temporarily or permanently suspend all or part of the program See the memo that we included in the packet suspension of seasonal Kirkwood closure which cites lack of participation and impracticality which we discussed yesterday as well Kirkwood serves a wide range of users, including restaurants, retailers, service businesses, visitors and motorists, event organizers as well. Regarding a full street closure has been mixed with business surveys reflecting approximately a 50-50 split which historically it has been that split and it was during this last outreach period as well of more than 25 restaurants located along Kirkwood 5 Participated in outdoor dining during the previous closure period construction on the 100 block will further decrease participation None of the non-restaurant businesses activated the street and several expressed concerns regarding access and operational impacts. operational observations indicate that while outdoor dining spaces were active during peak meal periods a 24-7 closure resulted in extended periods of underutilized public space and increased public safety concerns during lower activity hours as stewards of the public right-of-way staff's responsibility is to consider all perspectives and recommend an approach that serves the corridor as a whole and Maintaining the street as open to vehicular traffic while permitting parklets supports outdoor dining in a flexible format preserves accessibility for service businesses promotes equitable access to the right-of-way inclusive of downtown festival organizers and reduces extended periods of inactivity staff Respectfully requests the board's approval of the outdoor dining guidelines Thank you Board questions on this item As we talked quite a bit about this during the work session yesterday, we reviewed the ordinance language and understood the relationship between the city engineer the relationship between public works related to this ordinance and the relationship of the City Council related to this ordinance which what you've brought forward today Basically includes information about all but it is Part of the ordinance that public works will review this on an annual basis And and bring forward the outdoor dining agreement will come forward to public works on an annual basis So that's the part that we are reviewing and understanding today City Council has governance over the ordinance and any adjustments to that ordinance city engineer has governance over the recommendation to cease or change the use of the street in this way due to the different Situations that you described and this so I just wanted to capture most of our conversation yesterday was around the relationship between these different entities and Why we're hearing it today Why we would anticipate hearing it today and in future years when we're making these decisions Yeah, I'll just add a quick comment to that Is that you know you see a memo from the city engineer about You know being the authorized and you know staff person that can make the call on this That was not done in a vacuum or just by the city engineer that was done with the support of all city departments that are involved in this That's the public works department the economic sustainable development department planning and transportation mayor's office police fire You've got all of the different departments that are supportive of this approach. It is good middle ground And you know, I'll just further say that I kind of mentioned this yesterday in the work session This is a very typical Bloomington issue in some ways that you've got very Passionate folks on both sides of it. You got some folks that want it completely closed year-round All day every day. You've got some folks that want it seasonal. You got some folks that don't want it at all And so this has been a challenge for staff we're trying to thread the needle for lack of better terms here with trying to you know, really balance all of the users and the You know this being a public right-of-way, so we think this is a good approach and Just want to further say thanks to Cassie and all the folks that have been working on this. It's been a big staff effort Something else that's mentioned in the report is that the plan is to conduct a Kirkwood corridor study starting in 2027 If that Study is engaged. I'm assuming that the contract for that study will come to the Board of Public Affairs Works as well as with the other corridor studies those have all come to you. I wouldn't see why this one would not okay So just for clarity this is it's mentioned in this report, but that is a decision the Board of Public Works would make In a different meeting the other what we're deciding today is about the outdoor dining For this summer not specifically the corridor study or some of those other elements, correct? I I'll just make just a couple other quick comments because I I can't help myself but okay, you know two things that We've talked about a lot in the last couple days around this outdoor dining and the Kirkwood closure aren't mutually exclusive They're still gonna be outdoor dining. There's still gonna be opportunities. It's just it's not the full closure and Cassie made another great statement that I want to credit to her she's you know in some ways folks want it to be kind of like a bourbon street environment at night and then during the day more of a pearl street environment out in Boulder if anybody's been out there and Those are two hard things to intermix and make happen and balance. And you know that's that's the sort of thing that the Kirkwood study would really look to like what is the highest and best use. What does it look like. We're simply not there today. Any other questions from the board. No. All right. Any questions or comments from the public. If you are in person you may approach We have no members of the public comment on this online for this And seems no public comment in the room With that you're good you're allowed to If you would state your name at the mic, please sure, my name is John Santos I'm a business owner in the Kirkwood neighborhood I I wanted to just point out like a basic concept that seems to be lost is that this is a public You know Kirkwood is a public access and public parking and the closure Whatever you guys do. I'm okay with that. Just you know, but whatever is done should be done with the you know with the benefit of the entire public in mind not five businesses that are financially profiting from it and while the rest of the businesses are losing parking spaces and these parking spaces aren't replaced. You know there's not a new one that when they're closed their clothes that's that many less. The more people that are there the more we will do. What I am seeing is it started for me hearing it from the customers about them whining about they can't find parking they can't even drive around a block because of the closure and all that. I didn't think much of it at the first but then I'm seeing When I walked down Kirkwood 24 7 the dining spaces aren't even being used and there's all these empty spaces that could have been used by the you know the restaurants and then someone else also pointed out another issue of Emergencies if there's a fire on one of these buildings, you know, you got to remove barriers Some of these barriers are concrete Barriers things like that. So that would be an issue Handicap people I got a friend this handicaps and he can't park in front of the business He wants to go to because all those spots are taken away on every corner You know if you want to make it a pedestrian place make it a pedestrian place You know like like your rails to trails or whatever But if it's going to be shared I mean it's not I'm not seeing it being shared because the only thing place is benefiting other places using it for dining and And the cost you know frankly the cost of retail space on Kirkwood is a lot more than what you guys charge for the for taking that street away. So you know I'm just I'm just here to kind of point out it's a public thing. Just keep in mind what's actually benefits everybody. I mean I love some of these restaurants. I like going there. It's nice that they got extra seating so I know I can get a place. But at the same time It wasn't their place in the first place. You know it's a place that people should be able to drive through and park and visit other places. You know a lot of times people are if they're there a lot of decisions that they might go there for one business but then there's a lot of impulse of decisions on other businesses to go to too. So just being there convenient you know right now people have to know the secret places to park and stuff like that but it's still spots are still taken away. And that's the part. And then summer, it seems great in the summer, but no one wants to be out when it's raining. No one's going to be out on asphalt when it's really hot. But summers are also the times when a lot of businesses struggle in Bloomington. So anything that helps them get through the summers, I think the first three summers for us was disastrous. I think we've been in business for 41 years, and it was just disastrous. And I've heard a lot of other business owners tell me that, you know, you'll make enough money during the school year that it doesn't matter if you lose money in the summer and that was not true. It wasn't until we started breaking even in the summer and making money in the summer that our business actually became viable year round. So it didn't matter about the students. It's the town people. I think what helped us through covid was you know a lot of places were closed and the university was closed and there was a lot of town people that came to Kirkwood and they said you know It was a great opportunity. It's the first time they actually had parking and places to go. So they thought it was a great opportunity to try new places. We also survived by you know like what's it called the curbside pickup which we couldn't have had if we were on a closed street you know but that actually helped save us. We had a delivery service established but obviously we had no dining anymore or anything like that and it's nice that you guys Offered dining for some but only five are taking advantage of it over five blocks. And and that's you know and they're definitely benefiting. You know that's great. But charging them a couple of hundred dollars or whatever it is you know is free in the beginning and then I think it's a nominal fee now. But that's not that's not benefiting the public. I think that's just benefiting certain places. And that's the only thing I just kind of want to point out is just think in terms of what's really beneficial. Most of the people are not going to come here when it's sub zero to speak out about it. They're not going to come during a game night to say but everybody criticizes but they're not going to come forward. So I thought I'd take the opportunity to come here and just say that. Thank you very much. All right. Thanks. Any other comments. I just wanted to add something that we did discuss yesterday, but we didn't clarify today. With the parklet program, that is looking at the spaces directly in front of the businesses. So if businesses are opting into that parklet, they're looking at basically the spaces that are directly in front of their own storefront. They wouldn't be picking other spaces that might impact other Businesses, they'll be picking the spaces right there in front of their Storefront All right. Thank you. Do we have a motion? I Move that we approve resolution 2026 dash zero zero six the 2026 outdoor dining guidelines I Second with a motion and a second. I will call the roll Cox Deckard. I'm Caron. I motion passes. I Next is staff reports and other business. Good evening folks. Adam Wason again. I'll try to be brief as we've got a little longer than we normally do. But do you want to make note of a couple of important things or not important but recent events. Just want to say thanks to our partners over in Monroe County government and others. You know we had another tornado touchdown in Bloomington last week and once again became very lucky as a city proper you know for that tornado to stop to have its last touchdown right west of I-69 right before city limits over there and the heart of the city just you know just really recognizing how lucky we were that there wasn't a major incident within city limits there want to say thanks to our friends at the county. Humane Association Andrew Krebs and their team dr. Sarah nickel and others doing great work to try to get that facility back up and running on the west side Partnering help. We're trying to help with the animal shelter wherever we can there But just want to make note that you know, that's two tornadoes in almost the same very similar path within a 10-month period so these weather events seem to be more active and that west side corridor seems to be the hot spot and Know from personal experience as well that you know, so just you know Thankful to all the crews that were responding that night public safety all the linemen out there doing the work for the power grid Just want to thank everybody for those efforts and trying times and a big shout out to Jamie Nibel over at the Monroe County Emergency Management Agency Jamie does great work to make sure folks are keeping up to speed with exactly what's going on You know minutes after it was going on. Jamie took my phone call. We were coordinating So just want to highlight that partnership between the agencies that all respond and say thanks again and Of note there is a cleanup that the Van Buren Township is promoting for this Saturday in the area for residents So if you look up Van Buren Township, whether on Facebook or social medias or their website, they'll have information but planning a cleanup for This Saturday for the general public to come help So wanted to make note of that and otherwise I'm you know we had a lot of conversation about snow this evening and I'm just really really glad we're not in New York City and the East Coast right now seeing what they're dealing and digging out of. I said my well wishes to our public works friends out East because it can't be anything but challenging. So that's all for today and thank you. Thank you for your service. Thank you. Next we have approval of claims any questions on claims tonight Any public comment on claims Seeing none is there a motion I move that we approve the claims for February 24th 2026 in the amount of one million two hundred and seventy nine thousand seven hundred and thirty one dollars and sixty seven cents Nice second. I will call the roll Cox Deckard. I Caron I motion passes And with nothing else on the agenda I will call for adjournment tonight.