WEBVTT

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- Good evening, everyone, and welcome to this regular session of the Bloomington Common Council. Thank

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- you very much for being here. It is November 4th, and I would like to call this meeting to order. Will

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- the clerk kindly call the roll? Yes. Councilmember Flaherty? Here. Stosberg? Here. Piedmont-Smith? Here.

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- Asari? Here. Daly? Here. Rallo? Here. And Ruff? Here.

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- Thank you very much. There are agendas posted there.

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- and somewhere there and there. And they're also posted online. For those of you who need it described

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- today, we have quite a packed agenda. We'll do our best to keep it light and enjoyable all throughout

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- your ride here with us. But we have a bunch of minutes for approval, four different ones, of which we

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- just got some amended minutes. I hope everybody saw those. We'll have reports.

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- from council members the mayor and then the the clerk and at which time there'll be a time for public

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- comment so if any of you want to venture to make public comment that'll be your chance everybody will

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- get three minutes as you know for public comment we have a

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- some question about appointments and removals of boards and commissions. And then we have one, two,

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- three, four, five, six, seven, eight things for first reading. Who approves this agenda? And then we

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- have three things for second reading. And so a fairly packed night. We'll try our best to be concise

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- for the first reading things. We'll have moments of public comment for all of that. And then the meeting

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- will end with a

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- Last time of public comment and just I'll say it once so I don't have to say it again This is for things

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- that are not on the agenda. You can comment at one of the two of those so with that do Do I have any

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- motions for minutes? Clerk Bolden before you move into the rest of your thing. Would it be a

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- So the agenda doesn't have your public hearing listed for your GO bonds ordinance. Could somebody make

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- a motion to amend the agenda to include the fact that it's your public hearing? Oh, great. Wonderful.

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- So let the record note for those who have an old agenda that we will be doing the official hearing for

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- our bond ordinance as required by law. This has now been stated out loud. OK. Thank you.

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- You're very welcome. Do I have any motions? You do. I move to approve the minutes for June 10th, 2026,

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- July 22nd, 2026, July 29th, 2026, August 5th, 2026. Second. Thank you. OK, motion and a second. Any

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- discussion or amendments to the minutes? All those in favor of approving the minutes say aye. Aye. Thank

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- you very much. Anybody opposed?

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- All right, that is wonderful. We'll now move on to reports. Do any of my colleagues, would you like

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- to make any statements or reports? And I'll go to Councilmember Daly, just seeing if anybody else, and

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- then I'll go Councilmember Piedmont-Smith, Councilmember Stasberg, and then we'll wrap it up. OK, so

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- take it away. I won't call on you. All right, thank you very much. What a night to be making this statement.

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- So I want to address the weekend events, the unfortunate weekend events that once again occurred.

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- In town, we're standing in the shadow of yet another horrific episode of gun violence right here in

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- Bloomington. This past weekend over homecoming, Kirkwood, a place that should have been filled with

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- music, joy, celebration, turned into a scene of chaos. And I'll just leave it there. I think we've all

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- heard. Before I move on, I want to thank

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- our police for their presence on Kirkwood and for their quick action. I know we had a heavy presence

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- and they moved fast. And while we did have seven injuries, it could have been a lot worse. And so thank

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- you very much for our police force for being there. I also want to address the victims, their families,

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- and every single person in our city who woke up Sunday morning feeling like I did, shaken and unsafe.

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- And I am deeply sorry. My heart breaks for you,

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- and for all of Bloomington. No one should ever go out for a night with friends and end up in a trauma

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- unit. The grief and anxiety left behind in our community doesn't just disappear when the police tape

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- comes down. So we are mourning with everybody who was involved, and you deserve so much more than just

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- our sympathy. And frankly, my sorrow is mixed with pure unadulterated rage. Because as a local leader,

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- the most infuriating part of this job is knowing that when our community cries out for protection,

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- Our hands are legally tied. The state legislature in Indianapolis has systematically stripped cities

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- like Bloomington of the power to protect our own streets. Under Indiana's strict pre-exemption laws,

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- local municipalities are explicitly forbidden from passing basic common sense gun safety measures. Just

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- think about how absurd that is. We can't even restrict firearms on our own municipal property.

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- We have literally seen residents walking around our public swimming pools with handguns tucked into

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- the waistbands of their trunks. We cannot even guarantee that a public pool or a community park is a

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- fire-free zone for our children because lawmakers in Indianapolis decided we weren't allowed to make

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- that call. And I want to be clear, this is not about the Second Amendment. Responsible gun ownership

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- and evidence-based common sense safety laws can and do coexist

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- elsewhere in this country. But this refusal to act combined with the insistence on blocking us as a

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- city from acting is actively hurting our people. I want to put this into real numbers that are driving

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- this crisis. On average, 1,198 people die by guns in Indiana every single year. Our homicide rate sits

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- well above the national average and has been steadily climbing over the past decade.

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- Indiana ranks 26th in the nation for gun safety. While our state was an early pioneer with extreme risk

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- laws, lawmakers have steadily rolled back progress ever since then, most recently by repealing our concealed

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- carry permit requirement. Not only do we have a high mortality rate, but every year 1,556 Hoosiers are

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- wounded by firearms. And those are not just simple wounds that you can put a Band-Aid over, some of

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- them change your life

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- forever. And beyond devastating human loss, gun violence costs Indiana $13.2 billion every year.

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- And $293.1 million of that is paid directly by the taxpayers. I don't want my tax money going toward

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- a problem that we could easily be preventing when this money is going toward people being hurt. So here's

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- the bottom line. If Indiana simply had

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- the gun death rate of the national leaders in gun safety, the 10 states with the strongest common sense

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- gun safety laws, we could actually save 8,545 Hoosier lives over the next 10 years. That's not just

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- a number, those are our neighbors, our students, our kids, our families. So to the Bloomington community,

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- I hear you, I share your anger.

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- and I promise that we will not treat shootings on Kirkwood as an inevitable cost of living here. We

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- will keep demanding change, we will keep fighting state preemption, and we will do everything in our

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- power to keep this city safe. I am starting to work on legislation right now that will hopefully help

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- with some preventative measures in as much as we can to keep our Bloomington residents safe, so thank you.

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- Yes, thank you, Councilmember Daly. I was going to talk about the shooting as well, but I think you've

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- covered it very eloquently. Another incident happened in the past week in Parkridge East neighborhood.

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- There were several flyers found that were from the KKK that were blatantly racist and totally unacceptable

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- in our community.

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- And I find it very, very disturbing that anyone would distribute such hate literature in Bloomington.

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- And I want to say very clearly that myself and all of us up here say there's no space for hate in our

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- community. We are committed to upholding the rights of all people, regardless of color in particular,

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- trying to redress systemic inequities that black Americans have faced in this country and continue to

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- face as is obvious by those hateful flyers that were distributed. So I just wanted to say that in case

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- you hadn't heard. Bloomington, we think it's a safe place and these two incidents, the shooting and

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- the racist flyers tell us that we are unfortunately not an exception to the hatred that

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- that spread sometimes in this country and the violence that is facilitated by lax gun laws in this country.

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- So my heart goes out to anybody who received those flyers. And I say to anybody who was involved with

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- distributing them that you're not welcome here.

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- need to actively say every day and every week that we will fight racism and look at things, policies

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- that we make from an anti-racist perspective. Thank you. Well, following those two very serious

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- announcements, I have one that's maybe more

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- fun I'm a little hesitant to make now but I wanted to share an event that the Bloomington Township trustee

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- is having at their office on 17th Street this Saturday between 10 a.m. And one their fall into fun and

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- they're gonna have hot cocoa kits and blankets and board games and fun and one of the things that

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- Has been pointed out kind of recently is this kind of outstanding question of what is it that townships

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- do? And so I just like this might be a good opportunity to go and hang out at Bloomington Township trustees

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- office and see what it is that the townships and the trustee does And so once again that event is this

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- Saturday between 10 and 1 and their office on 17th Street and it of course is geared toward folks that live in a

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- Bloomington Township. And so, you know, we just had an election yesterday. So if your precinct starts

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- with Bloomington, then you're in Bloomington Township. And that is a good bit of east side, east and

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- north in terms of the within the city of Bloomington. And I think also going out into the county there,

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- I was trying to find a map so I could be more precise, but I just wasn't that fast. So if you have any

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- questions, let me know. Maybe I'll see you there. Thanks.

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- Thank you all so very much. Mary, did you want to give comments today? Go ahead. I want to just start

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- by thanking President Nassari for his leadership on Sunday and helping communicate with Council and

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- others as we were dealing with the aftermath of that shooting.

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- really appreciate Council Member Daley's ongoing work. She's been working on gun violence since long

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- before she's been serving on council and I look forward to partnering with you on legislation for the

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- city. A very special thanks to Bloomington Police Department and our partners at IU Police and Indiana

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- State Police

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- who worked in incredible coordination ahead of Saturday's game, as they have been for all of our larger

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- events in Bloomington of late, making plans in case such a tragedy would hit. And because they had that

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- plan together, the response was in absolute lockstep and could not have been more rapid or more seamless.

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- But unfortunately, due to the gun laws that Councilmember Daley was referring to, it's very hard to

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- do much until those guns go off. And we are seeing an increase in the presence of guns in Bloomington

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- and around the state. And it is time that we ask our state legislators to change their policies. And

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- I've been working since April

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- on some legislation at the State House that would enable us to, when we pull a permit for a special

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- event to close a street, would enable us to limit firearms during those special times. So, more to come.

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- As we all know, there was an election last night and

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- some of the folks that we thought might carry this legislation are now no longer going to be in office.

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- And so it'll be a few weeks, I think, before we get any traction. But I'm hopeful we can at least get

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- a bill on the floor. And my thanks to our local legislators, Matt Pierce and Shelly Yoder, who've been

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- incredibly helpful with this already.

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- We're, in addition to that legislation, our police are beginning to work on even more steps to increase

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- intelligence ahead of time and do whatever it is that we possibly can do to try to mitigate these events

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- before they happen. And we will plan to keep you all up to date. I appreciate that Council Member Daley

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- is going to

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- hopefully put some legislation forward. Other things happening, appreciate Councilmember Piedmont-Smith's

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- address about the flyers that were distributed in Park Ridge East.

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- This is serious and we must stand up against any hate that shows its face in our community and let our

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- community know that that is not what we stand for as a community and it's not welcome here. In more

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- boring events, we also have been active at the State House in between sessions here

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- working on two things in particular. First, the impacts of SEA-1 and the hopeful changes that may be

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- forthcoming in the upcoming session. Have been meeting with Republican leaders on some tweaks that we

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- would like in order to make Bloomington more whole as a municipality, working with AEM in partnership

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- on that as well.

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- And then finally, the implications of SB 285, which is the bill that illegalizes sleeping outside in

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- public spaces and asking the state house for funding that assists with housing needs and mental health

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- needs for those who are no longer allowed to sleep outside.

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- So those are the things happening. I'm happy to answer questions or provide updates offline for folks

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- who need them. Council members any questions comments. OK. Thank you very much. All right. We'll now

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- move to council committees. And do we have any reports or motions or anything of the sort. All right.

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- We'll now move to a time of public comment. He's leaving just before your chance. But thank you, Group

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- Fleet 100. Bravo for being here. Yay. All right, we'll now move to a time of public comment. If you'd

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- like to make comment on something that is not on the agenda, now is your chance. Is there anybody here

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- who would like to make public comment on something not on the agenda? Anyone online?

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- Anyone online? Anyone online? No? Anyone online? OK. Thank you. All right. No one online. We'll move

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- on then from that raucous period of public comment. We now have an issue related to appointments to

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- boards and commissions. Are there any motions?

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- Totally up to you. I will say regardless of if anybody is to make some type of motion, I would like

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- to give the chance for this to be discussed and for public comment to be made on it. I move to discuss

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- the removal of advisory member from Historic Preservation Commission. Sounds like a motion. Is that a motion?

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- All right. All those in favor of discussing? Anyone opposed? OK. So I don't know if it might be, we've

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- done this now multiple times, but Mr. Allen, would you be willing just to give a few words, and then

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- if there's any questions, and then I'll allow our neighbor and commissioner to say a few words as well.

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- On April 22nd 2026 the Common Council appointed mr. Cross to be an advisory member of the Historic

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- Preservation Commission There were two meetings that staff brought to the attention of the clerk's office

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- where it was alleged that mr. Cross was inhibiting the business of the Historic Preservation Commission

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- those occurred on July 9th and

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- July 23rd respectively on July 23rd deputy clerk Jennifer Crosley had observed That meeting and observed

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- the second half as well as myself What we saw was a fairly heated exchange between mr. Cross and the

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- chair the chair ruling him out of order and

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- In both meetings both July 9th and July 23rd after significant delay of 30 minutes and approximately

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- 40 minutes Respectively in the different meetings. Mr. Cross then left the meeting and did not participate

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- in any further business did inhibit the board from getting to items on its agenda because it was regarding

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- a prior issue that was no longer on the agenda and the procedural mechanisms around that and procedural

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- regularities around that Following that

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- Deputy clerk Crosley sent a summary of the details of what had happened to council leadership additionally

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- On July 30th, mr. Cross sent an email to all HPC commissioners that requested them to reply and

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- Altogether on issues that he had raised in the meeting but outside of a properly noticed meeting under

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- the Indiana open-door law And he acknowledged that he wanted his response before the next meeting that

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- was properly noticed After Crosley alerted the council leadership to that on August 21st at the direction

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- of council leadership Myself on behalf of council sent a written notice to mr. Cross informing him

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- The alleged meeting disruptions the fact that it was alleged that he violated open-door law and that

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- there were violations of the city's code of conduct That are applicable to all board and commission

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- members At that time he was provided an opportunity to submit materials to council which he did so and

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- he has continued to do so I believe up until prior to this meeting He has continued to submit materials

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- to council He was also given a date and time that council would first

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- hear that on September 2nd 2026 Council decided to postpone consideration from December or so from September

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- 2nd to September 16th 2026 On September 26, they did recommend that the issue be referred to the interview

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- team committee see our committee team see who met on subsequently a

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- September 24th 2026 and following a discussion that all three members of team C had reviewed the videos

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- of the meeting and the conduct as alleged they unanimously agreed to recommend Removal to the council.

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- This is detailed also in a memo that's been submitted to council for this meeting and then at

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- The next meeting of council which was actually on October 14th Council that once again postponed

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- consideration until this meeting on November 4th we have received a variety of comments just

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- briefly about the removal, and I want to be very clear that this removal action did not take

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- into consideration any viewpoints that were expressed, any expressive statements about any particular

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- issue before the HPC. This really has to do with conduct as it relates to the code of conduct, the Indiana

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- open door law, but more specifically the inhibition of

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- doing business before the HPC and the HPC was unable for that time period that the meeting was delayed

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- to hear their regular petitions. And so one of the requirements under due process, not only that we

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- give notice and opportunity to be heard for Mr. Cross and as I stated, we had sent him notice that he

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- has submitted materials and I believe we're gonna give him an opportunity to speak as well today.

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- Indiana Court of Appeals has held that any removal for cause, and by ordinance this is a for cause removal,

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- any counsel appointee has to be removed, can only be removed for cause, it must be related, it must somehow

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- inhibit or prevent that member from performing their duties as an appointee. And so the question for

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- counsel to decide, and only counsel can decide this, at least at this stage, is whether the information

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- and the evidence is sufficient to show that under the allegations as raised and recommended by the interview

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- team committee, whether those are sufficient to show that there is some sort of

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- Pro inhibition on mr. Cross's ability to serve as an advisory member of the HPC Thank you so much, sir,

00:25:15.639 --> 00:25:25.387
- are there any questions for attorney Allen? Okay Councilmember Stasberg first sorry and then um, oh,

00:25:25.387 --> 00:25:35.038
- oh, sorry. Okay councilmember Smith Yes, thank you, mr. Allen so according to your legal opinion is

00:25:36.098 --> 00:25:49.140
- the inhibition or the delay that was caused by the commissioner. Is that evidence that the actions impeded

00:25:49.140 --> 00:25:53.406
- his performance as a commissioner?

00:25:56.578 --> 00:26:02.108
- Ultimately, that's that's a determination for counsel just to be very clear under the totality of the

00:26:02.108 --> 00:26:07.150
- evidence So regardless, it's not my legal opinion whether that happened You all need to make

00:26:07.150 --> 00:26:12.789
- that determination under the what's been provided to you and what you understand is the facts You know,

00:26:12.789 --> 00:26:18.373
- I could make an argument for it I don't know if that's very appropriate at this time other than to say

00:26:18.373 --> 00:26:23.795
- that I've outlined the facts that underlied underlay that that particular claim for those meetings,

00:26:23.795 --> 00:26:25.150
- I believe, you know also

00:26:25.314 --> 00:26:31.057
- Councilmember Piedmont Smith you were part of team committee C and everybody has viewed the videos of

00:26:31.057 --> 00:26:36.687
- those meetings because the only conduct is essentially mr. Cross was only Present at those meetings

00:26:36.687 --> 00:26:42.430
- for this period of delay and interaction and then he left those meetings and didn't carry further any

00:26:42.430 --> 00:26:48.398
- further HPC business So that all that to say is that's the evidence that's before you that you ultimately

00:26:48.398 --> 00:26:49.918
- make that determination on

00:26:53.058 --> 00:26:59.943
- Can we consider actions at the October 22nd HPC meeting. Those haven't been made part of this record.

00:26:59.943 --> 00:27:06.964
- And so I don't I don't think so. Just because if we had made them part of the record maybe. But in this

00:27:06.964 --> 00:27:13.984
- case these are really two distinct instances of the behavior that those are the ones that were noticed.

00:27:13.984 --> 00:27:21.342
- Nothing else was included in that notice. I don't think it would be appropriate to consider that. Thank you.

00:27:22.338 --> 00:27:30.580
- Thank you so much. Any other questions. Council member rough clarification on our procedure here. Are

00:27:30.580 --> 00:27:39.064
- we going to allow public comment on this at some point unless unless there is objection. I would I would

00:27:39.064 --> 00:27:47.468
- like at the minimum to allow Mr. Cross to say a few words. Well I'd like to make an I guess an informal

00:27:47.468 --> 00:27:50.942
- motion or whatever would be appropriate to

00:27:51.074 --> 00:27:57.524
- to say we give anyone from the public who wants to comment on this. I'd be happy to allow that if there

00:27:57.524 --> 00:28:03.726
- if there's no if there's no objection. I'd be happy to allow that. Thank you. Thank you. All right.

00:28:03.726 --> 00:28:09.927
- So so with that would you suggest we proceed with public comment first or with Mr. Cross's comments

00:28:09.927 --> 00:28:16.439
- first. Mr. Cross. Okay. So Mr. Cross we'd love to invite you sir if you'd like to make make a statement.

00:28:16.439 --> 00:28:19.230
- More than welcome to do so at this time sir.

00:28:22.978 --> 00:28:31.531
- And then afterwards, if anybody would like to make public comment, either online or in person, you're

00:28:31.531 --> 00:28:40.335
- also welcome to do so. And we had discussed it being five minutes. Is that OK with you still, Mr. Cross?

00:28:40.335 --> 00:28:48.804
- I beg your pardon? Is five minutes OK with you as the appropriate amount of time? No. This issue has

00:28:48.804 --> 00:28:52.158
- been going on since the 21st of August.

00:28:52.354 --> 00:28:59.874
- There have probably been about four council meetings, and persons who I understand have made complaints

00:28:59.874 --> 00:29:07.177
- against me have got an unlimited time to speak their mind. Ms. Crossley sat over there in that chair

00:29:07.177 --> 00:29:14.841
- and spoke for 10, maybe 20 minutes. Mr. Allen has spoken for a really long time at both council meetings.

00:29:14.841 --> 00:29:15.998
- There have been

00:29:17.794 --> 00:29:24.900
- Committee on Council Processes meetings where, again, Mr. Allen and Ms. Crossley have spoken for significant

00:29:24.900 --> 00:29:31.419
- amount of times. There was an interview committee meeting, see, to discuss this issue that I didn't

00:29:31.419 --> 00:29:38.068
- even know was happening. I was not invited. I understand that there was no public comment. So even if

00:29:38.068 --> 00:29:44.717
- I did know and did attend, I wouldn't have gotten an opportunity to speak. So for me now, what, three

00:29:44.717 --> 00:29:45.630
- months later,

00:29:45.762 --> 00:29:55.335
- when everybody who has had an opinion about my removal from the HPC have had unlimited time to speak

00:29:55.335 --> 00:30:05.288
- and have had constant access with members of the council, for me now to be given five minutes is grossly

00:30:05.288 --> 00:30:13.534
- unfair. Not only that, but my entire position has been that the standard arrived at by

00:30:14.146 --> 00:30:22.209
- The Special Committee on Council Processes in 2023 with regards to the matter with Greg Alexander stated

00:30:22.209 --> 00:30:29.427
- very clearly what the standard is and what it required first and foremost. And I'll read here

00:30:29.427 --> 00:30:37.183
- that substantive due process consideration advise that a motion for removal of an appointed board or

00:30:37.183 --> 00:30:40.638
- commission member for cause should be narrow

00:30:41.154 --> 00:30:47.802
- specific and sufficiently clear that the city council members, members of the public, and the appointee

00:30:47.802 --> 00:30:54.385
- in question fully understand the specific conduct, statements, commissions, or omissions that have led

00:30:54.385 --> 00:31:01.097
- to the proposed removal. I have not been given any such information. I've been told that I have breached

00:31:01.097 --> 00:31:07.488
- the code of conduct, but I have not been told what specific statements, actions, or omissions on my

00:31:07.488 --> 00:31:09.406
- part constitutes that breach.

00:31:10.018 --> 00:31:18.613
- which sections of the code of conduct was breached, how that action breached that section, what evidence

00:31:18.613 --> 00:31:27.126
- was relied on, who was the complainant, and whether or not that breach rises to the level of precluding

00:31:27.126 --> 00:31:35.230
- me from continued service. At no point have I received any information. Mr. Allen says constantly,

00:31:35.458 --> 00:31:43.720
- that I responded. But if you read the contents of my response, it was that I was not given any information

00:31:43.720 --> 00:31:51.672
- to respond to. I have not been given an opportunity to speak, call witnesses, cross-examine witnesses.

00:31:51.672 --> 00:31:59.470
- I don't even know what the basis of the complaint is. It could not be Miss Crossley's email, because

00:31:59.470 --> 00:32:04.798
- on the 21st, I received notice. But Miss Crossley's document was not

00:32:05.250 --> 00:32:13.625
- sent until the 15th of September. So it could not have been the basis of the notice. There was no motion

00:32:13.625 --> 00:32:21.601
- made by any committee members, which certainly, with the other cases of removal, was what initiated

00:32:21.601 --> 00:32:30.215
- the process. Mr. Allen has not said who initiated this process. My understanding, and I could be completely

00:32:30.215 --> 00:32:33.246
- wrong, but based on my understanding,

00:32:34.082 --> 00:32:42.283
- before this matter could come to you. It should be based on a motion. That's how Mr. Alexander's issue

00:32:42.283 --> 00:32:50.644
- got before the council. That's how I think I have some other cases here. Fuentes and there were a couple

00:32:50.644 --> 00:32:58.765
- of others. I sat in this chamber and saw a motion for dismissal of persons for absences being made to

00:32:58.765 --> 00:33:01.950
- initiate the process. I don't know how.

00:33:04.834 --> 00:33:12.703
- Right? I've been told that I breached the open door law by sending an email to the chair for the chair

00:33:12.703 --> 00:33:20.419
- to respond. But out of transparency, I sent it to the other members. It wasn't for the other members

00:33:20.419 --> 00:33:28.059
- to respond. It was for the chair to respond. Because in the meeting, I raised points of I requested

00:33:28.059 --> 00:33:34.782
- information, which under Robert's rules, the chair should recognize and seek to answer.

00:33:34.914 --> 00:33:41.252
- He dismissed them out of hand, which in itself is a breach of process. And when I raised a point of

00:33:41.252 --> 00:33:47.780
- order, he dismissed those. So when there are persons here saying that the chair ruled me out of order,

00:33:47.780 --> 00:33:54.117
- if you read Robert's Rules, there's a procedure for ruling somebody out of order. The chair did not

00:33:54.117 --> 00:34:00.518
- follow it. I sent a document with my response to the notice. I sent several documents. I think there

00:34:00.518 --> 00:34:04.638
- were like eight attachments. My response to the notice as quote,

00:34:05.186 --> 00:34:15.723
- quoted by Mr. Askins in the B-square bulletin was 92 paragraphs long. And it painstakingly detailed

00:34:15.723 --> 00:34:26.788
- how the notice did not meet not only this council standard set in 2023 when Mr. Alexander faced a motion

00:34:26.788 --> 00:34:32.478
- from council member Rollo, which was ruled inadequate

00:34:32.770 --> 00:34:42.137
- under the standard and had to be represented because it was not specific enough. Had interview committee

00:34:42.137 --> 00:34:51.504
- see then rule unanimously that I be removed based on allegations, which again did not meet the standard,

00:34:51.504 --> 00:35:00.158
- that that report set. So I really don't know why I'm here. I have no idea what charges I've been

00:35:01.346 --> 00:35:09.888
- what breaches I've been alleged to commit. In my experience, and I have a lot of experience working

00:35:09.888 --> 00:35:18.686
- on boards of inquiries, investigations, both criminal and civil, any allegation charged to be answered

00:35:18.686 --> 00:35:27.996
- must have a date and time of the offense, a statement of the offense, it must identify which rule regulation

00:35:27.996 --> 00:35:29.790
- policy was breached,

00:35:29.986 --> 00:35:40.706
- It must demonstrate how that action breached that policy, rule, regulation, law. I have seen none of

00:35:40.706 --> 00:35:51.531
- that. I would really like someone here to tell me in very specific terms what is it that I said, when

00:35:51.531 --> 00:35:58.430
- I said it, how that statement breached a rule, what the rule is,

00:35:59.746 --> 00:36:09.623
- I haven't seen it. I've been told that I delayed the meeting. How did I delay the meeting? Was the actions

00:36:09.623 --> 00:36:19.316
- that I, firstly, did I delay the meeting? That has not been established in fact. Right? I've sat through

00:36:19.316 --> 00:36:27.070
- these meetings and I have waited hours while the procedures of this council happen.

00:36:29.282 --> 00:36:37.065
- Are any of you guilty for delay? No, because the actions that you took that pushed a matter on the agenda

00:36:37.065 --> 00:36:44.041
- further back in time was appropriate. So they'll have to demonstrate how an action that I took

00:36:44.041 --> 00:36:51.531
- was inappropriate and thus delayed the business of the meeting. I have watched the record myself, and

00:36:51.531 --> 00:36:54.174
- based on the guidelines of the HPC,

00:36:54.338 --> 00:37:01.703
- and Robert's Rules, which is our parliamentary process, I have seen nothing that I did. If I make a

00:37:01.703 --> 00:37:09.214
- point of order and that is being debated, how have I improperly delayed that meeting? It has not been

00:37:09.214 --> 00:37:16.800
- made known to me how is it that my sending an email to the chair of the commission, how is it a breach

00:37:16.800 --> 00:37:23.870
- of the Omdur law? I've read the law. I don't see how that breach is not anywhere in the notice.

00:37:24.770 --> 00:37:32.054
- of how my doing that has demonstrated it. And I'm sure you send emails to your colleagues all the time.

00:37:32.054 --> 00:37:39.407
- I don't know of any organization that can be run in this country in 2026 where one member sends an email

00:37:39.407 --> 00:37:46.410
- to another one and it's in a breach of the open door law. Otherwise, business couldn't happen. I've

00:37:46.410 --> 00:37:53.694
- seen members of this council get up and leave and come back and get up and leave, but yet my getting up

00:37:53.826 --> 00:38:04.584
- and leaving a meeting has now breached the rules. Did anybody ask me why I left the meeting? Did anybody

00:38:04.584 --> 00:38:15.138
- give me an opportunity to answer any question? Was I invited to any meeting? I've never seen. Is there

00:38:15.138 --> 00:38:19.646
- any police officer here? No. Well, I'm not.

00:38:19.778 --> 00:38:26.702
- an expert on American law, but I've watched enough TV. And I've never seen an investigation conducted

00:38:26.702 --> 00:38:34.168
- where the police doesn't seek to bring the man that they alleged to commit the offense and ask him questions.

00:38:34.168 --> 00:38:41.092
- But we've been here for three months, and nobody has said, hey, Renard, we're having a meeting. Come,

00:38:41.092 --> 00:38:46.590
- have a seat. Let me hear your side of the story. Do you want to bring a witness?

00:38:46.914 --> 00:38:55.573
- Maybe there's somebody who wants to come and speak on your behalf. Maybe there are members of the HPC

00:38:55.573 --> 00:39:04.487
- who are actually there in the meeting who are experts on our rules, processes, how we have done business

00:39:04.487 --> 00:39:13.401
- for the last certainly five years that I was a voting member and asked to come back to serve by a member

00:39:13.401 --> 00:39:16.542
- of the Common Council based on that.

00:39:16.706 --> 00:39:26.530
- five years worth of performance. I also, again, find this hard to separate from the issue of Seminary

00:39:26.530 --> 00:39:36.258
- Point. I strongly believe if this had happened about any other issue, I would not be here. I believe

00:39:36.258 --> 00:39:44.926
- that persons objected to how strongly I opposed the manner in which that demolition delay

00:39:46.018 --> 00:39:55.679
- was rammed through. I wrote very long documents detailing the breaches that took place. I wrote a 14-page

00:39:55.679 --> 00:40:04.702
- report on the breaches of procedure taken place by the chair, and nobody has acted on any of that.

00:40:08.962 --> 00:40:17.540
- I don't understand, again, how my sending documents to my political representative constitutes a breach,

00:40:17.540 --> 00:40:25.710
- harassment in any way. How does my making phone calls to consult persons at hand who administer the

00:40:25.710 --> 00:40:34.206
- HPC, how is that now a breach of the rules? None of that information is in the notice. Absolutely none.

00:40:38.562 --> 00:40:47.046
- So if this is the time and place that somebody can give me any information as to why I'm here, how I

00:40:47.046 --> 00:40:55.698
- breach the rules, I've checked the record. Not only is there a recording of the meeting, but there are

00:40:55.698 --> 00:41:04.266
- minutes taken. And if I was ruled out of audit, it should be in the minutes. It's not. If you all had

00:41:04.266 --> 00:41:06.366
- read anything that I had

00:41:06.690 --> 00:41:20.231
- said in my 92 paragraph notice and the seven or eight attachments, it would have clearly laid out how

00:41:20.231 --> 00:41:34.302
- this process is flawed, both on the standards set by this council and law. I am at a loss. I am confused.

00:41:36.770 --> 00:41:45.698
- That's it. I don't have anything else to say. Thank you very much Thank you, sir If anybody would like

00:41:45.698 --> 00:41:54.627
- to make public comment at this time on on this matter you may do so now and Yeah, if you could put the

00:41:54.627 --> 00:42:03.295
- timer up for three minutes, please Take it away, sir. If you aim for the record, please. Thank you.

00:42:03.295 --> 00:42:05.982
- Hi. My name is John Butler and

00:42:06.082 --> 00:42:14.541
- I'm the new chair of the HPC Brand-new I haven't even got to chair a meeting yet, but I'm looking forward

00:42:14.541 --> 00:42:22.840
- to it I've been on the HPC for the past year. I Feel that we had a bad meeting in July for the seminary

00:42:22.840 --> 00:42:27.070
- point hearing we made mistakes mistakes were made by

00:42:27.394 --> 00:42:35.009
- at all levels of the meeting, myself included. However, Commissioner Cross was not one of the members

00:42:35.009 --> 00:42:42.624
- who made mistakes. And so I think that when you make a mistake, you need to take some accountability.

00:42:42.624 --> 00:42:50.462
- You need to figure out what went wrong. If it's necessary, you need to say you're sorry. And I'm willing

00:42:50.462 --> 00:42:53.150
- to do that. I know what went wrong.

00:42:53.282 --> 00:43:00.688
- that I had a misunderstanding of some of the basic rules about demolition delay. This is because we've

00:43:00.688 --> 00:43:08.597
- just switched over to Robert's Rules. It's something we weren't using last year. It's also because demolition

00:43:08.597 --> 00:43:16.002
- delay is a tricky thing we rarely oppose or rarely slow down. And so the mechanisms are kind of opaque

00:43:16.002 --> 00:43:19.166
- at times. So, you know, mistakes were made.

00:43:20.610 --> 00:43:25.991
- Commissioner Cross attempted to point out that we were making these mistakes. He's attempted to get

00:43:25.991 --> 00:43:31.479
- these mistakes acknowledged and the powers that we did not want to do that or were unable to do that.

00:43:31.479 --> 00:43:33.470
- And so I really just want to sort of

00:43:33.890 --> 00:43:40.568
- Underlined that you know, we need to move forward. This whole thing is a huge waste of time. It's been

00:43:40.568 --> 00:43:47.246
- a waste of your time It's been a you know waste of the city's resources I have complete confidence and

00:43:47.246 --> 00:43:53.794
- Commissioner cross I believe that I can work with him and that he will be a valuable part of the HPC

00:43:53.794 --> 00:43:55.998
- if he's allowed to stay on it and

00:43:56.162 --> 00:44:02.914
- You know, he was on it for five years before this. We never had any problems. We had a bad meeting.

00:44:02.914 --> 00:44:09.667
- But I think it's time to put it behind us. And I just, I'm sorry that I had anything to do with the

00:44:09.667 --> 00:44:16.757
- mistakes that were made. But you know, sometimes mistakes are made. And so now we're gonna move forward.

00:44:16.757 --> 00:44:19.998
- And you know, I encourage civility. I encourage

00:44:20.354 --> 00:44:27.380
- due process but I also believe we really need to attempt to follow Robert's rules to the best of our

00:44:27.380 --> 00:44:34.475
- abilities. And you know if there's moments where we're struggling with it we need to take the time to

00:44:34.475 --> 00:44:41.709
- figure it out. And I think Commissioner Cross can help us do that. So thank you very much. I appreciate

00:44:41.709 --> 00:44:45.118
- your consideration. Thank you. Mr. Good evening.

00:44:46.754 --> 00:44:53.167
- My name is Eric host and I appreciate this opportunity to offer comment. I come before you to offer

00:44:53.167 --> 00:44:59.516
- comment regarding the proposed removal of Rennard cross from the Bloomington historic preservation

00:44:59.516 --> 00:45:06.378
- commission. Having attended the relevant meetings, I have closely evaluated whether the record establishes

00:45:06.378 --> 00:45:12.791
- legally sufficient cause for his removal. The common council addressed this identical issue in 2023

00:45:12.791 --> 00:45:16.126
- regarding Greg Alexander on the traffic commission.

00:45:16.802 --> 00:45:23.472
- The council's special committee established three core principles. Allegations must specify conduct,

00:45:23.472 --> 00:45:30.274
- statements, or omissions. The commissioner must receive adequate notice and an opportunity to respond.

00:45:30.274 --> 00:45:37.406
- There must be a demonstrated connection between the conduct and a diminished fitness to perform the duties.

00:45:38.946 --> 00:45:45.765
- The third requirement is vital. Under Waller versus City of Madison, removal for cause requires more

00:45:45.765 --> 00:45:52.989
- than disagreement, friction, or dissatisfaction. The conduct must directly impair the individual's fitness

00:45:52.989 --> 00:45:59.740
- to continue to serve. No evidence on the public record shows that Mr. Cross is unfit to fulfill his

00:45:59.740 --> 00:46:06.559
- duties nor has any explanation connected to his conduct, excuse me, any explanation connected to his

00:46:06.559 --> 00:46:07.774
- conduct indicates

00:46:07.874 --> 00:46:14.208
- diminished capacity. Mr. Cross has raised substantive questions regarding the Historic Preservation

00:46:14.208 --> 00:46:20.541
- Commission rules, Robert's Rules of Order, and governing law. Challenging procedure irregularities,

00:46:20.541 --> 00:46:27.002
- requesting information, and insisting on compliance are not evidence of unfitness, even if they might

00:46:27.002 --> 00:46:33.525
- be controversial. Disagreeing with how a commissioner exercises his responsibilities is not equivalent

00:46:33.525 --> 00:46:35.742
- to showing he cannot perform them.

00:46:36.450 --> 00:46:43.647
- Institutional consistency is at stake in this matter. The council must uphold the same evidentiary and

00:46:43.647 --> 00:46:51.053
- due process standards it established in 2023. Removing a commissioner for questioning official procedures

00:46:51.053 --> 00:46:57.691
- sets a dangerous precedent. The question before you is not whether Mr. Cross has been critical

00:46:57.691 --> 00:47:04.958
- or inconvenient, but whether legal cause has been proven. It is not. I respectfully urge the council to

00:47:06.562 --> 00:47:17.997
- Protect Commission independence and vote against removal of Bernard cross. Thank you. Thank you Next

00:47:17.997 --> 00:47:30.111
- person in chambers Hello Paul Rousseau I've just a few remarks I Echo the comments of the last two people.

00:47:30.111 --> 00:47:35.998
- I strongly urge you to set this aside I watched the

00:47:36.130 --> 00:47:44.022
- meetings of the Historical Preservation Commission in dispute here. And what I saw was that Mr. Cross

00:47:44.022 --> 00:47:51.759
- was perhaps the most knowledgeable and articulate member on the committee about all the matters. It

00:47:51.759 --> 00:47:59.883
- would be a real travesty for him to be removed. What I saw was that no members of the HPC were prevented

00:47:59.883 --> 00:48:04.990
- from performing their duties. In my view, a delay is not impeding

00:48:06.338 --> 00:48:13.915
- and certainly not as Mr. Ost just said. It's not grounds for being removed when Mr. Cross was actually

00:48:13.915 --> 00:48:21.418
- trying to rectify the mistakes that had been made or at least to get an acknowledgement that mistakes

00:48:21.418 --> 00:48:28.996
- were made and that things would be different going forward. I would like to give you some sense of the

00:48:28.996 --> 00:48:33.630
- background for this. I would like to read to you just a few of

00:48:34.082 --> 00:48:42.067
- the remarks that Mr. Cross himself made on June 10th in the meeting. Whenever we make a decision, not

00:48:42.067 --> 00:48:49.973
- only do we need to be able to defend it credibly, but it should stand up to historical scrutiny. One

00:48:49.973 --> 00:48:57.801
- of the ways of ensuring that happens is to avail ourselves of all the information, listening to all

00:48:57.801 --> 00:49:02.654
- the opinions. It is time consuming. However, it is essential.

00:49:03.970 --> 00:49:12.344
- I've never left this commission feeling that I've not been given an opportunity to fully express and

00:49:12.344 --> 00:49:21.049
- ventilate my opinion on a position on a topic ever until today. It is sad. With that backdrop, I believe

00:49:21.049 --> 00:49:29.672
- that what we have here is a political dispute disguised as a procedural dispute. I know that's a little

00:49:29.672 --> 00:49:32.574
- bit of an incendiary thing to say,

00:49:32.706 --> 00:49:43.590
- I keep seeing it over and over. The mistakes that were made to release the demolition delay seemed incredibly

00:49:43.590 --> 00:49:52.693
- rushed. The demolition delay was only 15 days old out of 90 days when the order was lifted.

00:49:52.693 --> 00:50:00.510
- What was the rush? Well, perhaps the rush was that a mediation was underway to

00:50:01.090 --> 00:50:08.754
- go around the demolition to actually preserve the housing and Certain political actors didn't want that

00:50:08.754 --> 00:50:16.271
- to happen so they want to rush it through to get the demolition I don't know, but it didn't look good

00:50:16.271 --> 00:50:23.714
- It looked very Controlled it looked like an HPC that was not independent Thank you Thank you so much

00:50:23.714 --> 00:50:25.630
- another commenter here in

00:50:39.170 --> 00:50:45.023
- Steve Olin former councilmember I served as parliamentarian of this body for more than five years I

00:50:45.023 --> 00:50:50.877
- watched the three meetings at the root of the case against mr. Cross He objected strenuously and at

00:50:50.877 --> 00:50:56.847
- length in the HPC meetings of July 9th and 23rd He may have overstepped procedurally, but his conduct

00:50:56.847 --> 00:51:02.759
- in no way rose to justify the action You're weighing tonight at the meetings of June 25th. The chair

00:51:02.759 --> 00:51:06.622
- was doing his level best, but he mishandled the essential problem

00:51:06.754 --> 00:51:13.139
- There were members who wished to postpone the question of the release of the demolition delay of Seminary

00:51:13.139 --> 00:51:19.224
- Point. Subsidiary motions take precedence and postponing is the first example of a subsidiary motion

00:51:19.224 --> 00:51:25.308
- listed in section 11 of Roberts. Those members had a right to have a vote on postponement before the

00:51:25.308 --> 00:51:30.910
- vote to release. They did not understand this right and the chair did not inform them of it.

00:51:31.074 --> 00:51:36.476
- Later in the meeting when the decision could still have been undone they were dissuaded from moving

00:51:36.476 --> 00:51:41.986
- to reconsider because another member in Misinformed them that a postponement vote had to wait because

00:51:41.986 --> 00:51:47.496
- the release vote was already on the floor This was a mistake that the chair did nothing to correct in

00:51:47.496 --> 00:51:53.114
- the next two meetings several members continued to express this mistaken belief that procedure had been

00:51:53.114 --> 00:51:54.302
- properly followed and

00:51:54.594 --> 00:52:01.640
- Mr. Cross objected at length and was accused of filibustering But the HPC had not adopted time limits

00:52:01.640 --> 00:52:08.687
- from members and no one neither. Mr. Cross the chair or anyone else present Understood how to conduct

00:52:08.687 --> 00:52:15.733
- his appeal of a decision of the chair which can be found under section 24 of Roberts This decision in

00:52:15.733 --> 00:52:17.598
- short was taken improperly

00:52:17.986 --> 00:52:24.738
- Here we are now and it's unclear who specifically moved to expel Mr. Cross from the HPC or how the supposed

00:52:24.738 --> 00:52:31.178
- defenses escalated to an expulsion hearing so quickly. Almost no disciplinary procedures under section

00:52:31.178 --> 00:52:34.366
- 61 of Roberts were followed within the commission.

00:52:34.498 --> 00:52:40.092
- They include calling the member to order, which the chair did, but they also include taking down Mr.

00:52:40.092 --> 00:52:45.796
- Cross's words or naming Mr. Cross. Any HPC member who believed he was holding the floor too long could

00:52:45.796 --> 00:52:51.390
- have called for a vote to end his holding the floor. Any member could have moved to have him removed

00:52:51.390 --> 00:52:57.095
- from the meeting, which can be done by a two-thirds vote of the membership. None of these motions were

00:52:57.095 --> 00:53:00.030
- made. To expel him would be an unprecedented action.

00:53:00.194 --> 00:53:06.059
- No one has ever been removed from a commission for cause except for non-attendance. That includes Greg

00:53:06.059 --> 00:53:11.980
- Alexander, who was accused in 2023 of offensive behavior outside of a meeting. Then, as now, the remedy

00:53:11.980 --> 00:53:18.016
- is not expulsion. The remedies involve censure first. They involve all commissioners better understanding

00:53:18.016 --> 00:53:23.710
- Roberts well enough to not shake the confidence of people who would serve on boards and commissions

00:53:23.710 --> 00:53:28.094
- that they will be run out of town for what amounts to political differences.

00:53:29.058 --> 00:53:34.945
- It gives me it gives me great pains to say that I would have to question my continued presence on a

00:53:34.945 --> 00:53:41.185
- City Commission If I knew that it was this easy to be ousted from it for such unprincipled reasons Please

00:53:41.185 --> 00:53:47.072
- do not expel. Mr. Cross. He is a principled man who has a better grasp at times than anyone I know.

00:53:47.072 --> 00:53:53.253
- Thank you Thank you. Thank you so much. Is there anyone online who wishes to comment? Okay person online

00:53:53.253 --> 00:53:54.430
- now you may comment

00:53:58.370 --> 00:54:08.002
- Yes, my name is Amy Butler. I actually had been present at many meetings for the HPC because I was trying

00:54:08.002 --> 00:54:17.451
- to save a little yellow house on 12th Street that the City Council did end up designating as a historic

00:54:17.451 --> 00:54:21.086
- site. And at the meetings I've been to,

00:54:21.442 --> 00:54:27.542
- When I actually was not at the meeting that have seminary point hearing, but I did watch it later. I

00:54:27.542 --> 00:54:33.763
- have never seen anything like that happen before. Um, the asking the commissioners that asked for more

00:54:33.763 --> 00:54:40.045
- time were ignored. There were people present who asked for more time. They were ignored. That had never

00:54:40.045 --> 00:54:46.266
- happened before at meetings. Um, the little yellow house that ended up getting saved. We had asked for

00:54:46.266 --> 00:54:49.950
- more time and we were granted it. Um, I think it was rushed.

00:54:50.146 --> 00:54:56.391
- I think there were probably reasons that was being rushed. I don't want to say there was a fix in, but

00:54:56.391 --> 00:55:02.696
- I felt like it was being rushed for a reason that was unclear to the rest of us at the time. But I feel

00:55:02.696 --> 00:55:08.940
- that it would be very unfair to remove Renard when he is a person who knows Robert's rules better than

00:55:08.940 --> 00:55:15.064
- anybody else in that room. And I think that there needs to be more training for our members. So this

00:55:15.064 --> 00:55:19.550
- doesn't happen again. But I think to remove him would be a poor decision.

00:55:19.842 --> 00:55:26.249
- And it would be another sad decision the city has made along this entire route with Seminary Point.

00:55:26.249 --> 00:55:32.848
- I don't think the HPC would be better off without him on it. I think he brings a lot to the table when

00:55:32.848 --> 00:55:39.318
- he's there with his experience. And I really urge you to please vote to retain him. Thank you. Thank

00:55:39.318 --> 00:55:45.789
- you very much. Is there anybody else online? Is there anybody else in council chambers who'd like to

00:55:45.789 --> 00:55:46.814
- make a comment?

00:55:47.202 --> 00:55:56.194
- You don't count unless you want to make it there. Anybody else want to make a public comment at this

00:55:56.194 --> 00:56:05.275
- time? OK. Attorney Rossman, would you like to tell us what our options are here? Thank you, President

00:56:05.275 --> 00:56:14.446
- Asari. Thank you, President Asari. Jacob Rossman, attorney for the Common Council. In its memo tonight

00:56:14.446 --> 00:56:15.870
- to the council,

00:56:16.514 --> 00:56:24.795
- The final addendum that was just published actually council staff has outlined some possible options

00:56:24.795 --> 00:56:33.733
- that the council can take I'll go through those briefly first option a and the staff's formal recommendation

00:56:33.733 --> 00:56:42.588
- is to drop or postpone consideration tonight without taking a final vote and to refer the general appointee

00:56:42.588 --> 00:56:44.638
- removal framework to the

00:56:45.314 --> 00:56:55.045
- on council processes to adopt or standardize rule first. The benefit of this would be to limit any immediate

00:56:55.045 --> 00:57:04.597
- litigation risk. And it also aligns with the council's ongoing review of Title II, an intermediate opinion

00:57:04.597 --> 00:57:14.238
- option. A council member could introduce a formal initiating motion on the floor tonight detailing charges.

00:57:15.138 --> 00:57:23.341
- Authorizing staff to serve an updated notice to mr. Cross with a complete evidentiary packet attached

00:57:23.341 --> 00:57:31.544
- And set a final deliberation vote for the November 18th meeting The benefit of this would be It would

00:57:31.544 --> 00:57:39.748
- help Cure any lack of an initiating floor motion so far And afford mr. Cross additional an additional

00:57:39.748 --> 00:57:44.734
- due process response window third option is the council could

00:57:45.346 --> 00:57:55.509
- proceed immediately to a vote tonight on removal. However, the council has not formally adopted a new

00:57:55.509 --> 00:58:05.871
- process yet to remove a council member, which could potentially raise additional due process challenges

00:58:05.871 --> 00:58:15.038
- under relevant case law. Thank you, Mr. Rossman. Any questions for Mr. Rossman or comments?

00:58:16.770 --> 00:58:26.895
- OK, I suppose we also could just dismiss the issue. It's another thing we can do. OK, so any comments

00:58:26.895 --> 00:58:37.120
- at this time? Councilmembers or motions? Councilmember Stasberg. I guess I have, I don't know, is this

00:58:37.120 --> 00:58:43.870
- a statement? Is this a question? I'm not sure what it is right now.

00:58:44.258 --> 00:58:54.465
- I guess one of I would like to address to some degree Mr. Cross's initial statement that he gave this

00:58:54.465 --> 00:59:04.472
- evening in terms of kind of questioning what was the problem? What did he do wrong? Why was sending

00:59:04.472 --> 00:59:14.078
- the email to the chair a violation of open door? And did he delay the meeting in a way that was

00:59:14.690 --> 00:59:22.181
- I'll say detrimental or offensive enough to warrant this, which I appreciate the public comment tonight,

00:59:22.181 --> 00:59:29.600
- especially Mr. Voland's comments in terms of Roberts. And I also want to recognize that this particular

00:59:29.600 --> 00:59:36.734
- petition issue that was being dealt with with the demolition delay of Seminary Point was a very hot

00:59:37.122 --> 00:59:44.365
- button issue, I think it is still a very hot button issue for this community. And that anything related

00:59:44.365 --> 00:59:51.468
- to it then took on a little bit more tension, right, by all parties. And I'll say skepticism, because

00:59:51.468 --> 00:59:58.432
- there were a couple public commenters that were basically like, this was all political. And I don't

00:59:58.432 --> 01:00:05.397
- know whether it was or not. I don't know if it was rushed or not. I have no idea. But simply having

01:00:05.397 --> 01:00:06.302
- that kind of

01:00:06.882 --> 01:00:14.581
- Thought around it and feeling around it by multiple community members Makes it seem that way regardless

01:00:14.581 --> 01:00:21.984
- of whether it ever was But I did want to address that some of this stuff at least is covered in the

01:00:21.984 --> 01:00:29.980
- the commissioner training that the clerk's office is doing and Mr. Cross has still not gone to the training

01:00:29.980 --> 01:00:35.902
- does not seem interested in the training has berated the training as useless so

01:00:36.962 --> 01:00:46.035
- That is not something that was publicly done here, but it was something that was done after one of the

01:00:46.035 --> 01:00:55.196
- HPC meetings. So it's an issue. And in terms of whether or not any part of this situation, I think that

01:00:55.196 --> 01:01:04.092
- one of the key things for me in terms of legal, which I would maybe want to think about a little bit

01:01:04.092 --> 01:01:05.854
- more, is, you know,

01:01:06.114 --> 01:01:14.660
- if, in fact, he is still able to serve on the commission, being fit to serve on the commission in terms

01:01:14.660 --> 01:01:22.960
- of, I don't know, general demeanor. And I appreciate what Mr. Volin said, like bringing up points of

01:01:22.960 --> 01:01:29.534
- order shouldn't be a problem, right? I do it myself. It shouldn't be a problem.

01:01:30.242 --> 01:01:37.568
- I also think that there's a line of, I think that 45 minutes was a little bit long, and it was pretty

01:01:37.568 --> 01:01:45.038
- clear that everybody else in that meeting was just like, nobody knows what to do right now, and so what

01:01:45.038 --> 01:01:51.646
- are we supposed to do? It was over by that point. It was kind of like beating a dead horse.

01:01:52.194 --> 01:01:58.300
- That is a waste of the public's time. That's a waste of the petitioner's time. It's a waste of everybody's

01:01:58.300 --> 01:02:04.178
- time. And then to walk out after that kind of in a huff to refuse to then participate in the rest also

01:02:04.178 --> 01:02:10.170
- feels like, OK, if you're going to get upset about things and then not participate, then maybe, in fact,

01:02:10.170 --> 01:02:15.876
- you're not fit to serve. And that's the question that's going through my head right now in terms of

01:02:15.876 --> 01:02:21.982
- fitness to serve. And even if it was political, there's political things that happen up here all the time.

01:02:22.114 --> 01:02:30.960
- my constituents would and should vote any of us out of office if we can't manage to sit up here and

01:02:30.960 --> 01:02:40.249
- take all the bolarchy, right? So that's part of, you know, whether you're getting shot down by the chair

01:02:40.249 --> 01:02:49.096
- or berated by the public, because sometimes the public can come in and really holler at us, like we

01:02:49.096 --> 01:02:50.334
- have to just,

01:02:51.842 --> 01:03:00.343
- listen and be respectful and know when to push and when to wait and plan a push in another way. I appreciate

01:03:00.343 --> 01:03:08.376
- that the email was sent to the chair as a follow-up. I hadn't heard about that per se in that context.

01:03:08.376 --> 01:03:16.409
- But yeah, it shouldn't have been cc'd to everybody and that is a basic open door thing that we've been

01:03:16.409 --> 01:03:21.790
- operating under for a number of years at this point on our own body.

01:03:22.530 --> 01:03:30.898
- the only things that will BCC each other sometimes, but generally that is about scheduling. That's what

01:03:30.898 --> 01:03:39.428
- it's just about. When are you available? And other than that, the nine of us are not on the same message.

01:03:39.428 --> 01:03:47.716
- I don't email all of my colleagues any substantive information. Even providing information in that way

01:03:47.716 --> 01:03:52.222
- can be considered a violation, and that is the way that

01:03:52.578 --> 01:04:00.431
- that bodies like this do business. So I guess that's all I have to say. I don't know about the three

01:04:00.431 --> 01:04:08.284
- options, so. Thank you. And anyone else? Councilman Flaherty. Sure, thank you. Briefly, I don't find

01:04:08.284 --> 01:04:16.215
- the open door law stuff compelling at all. I have yet to see any opinion or case law of any kind that

01:04:16.215 --> 01:04:20.414
- indicates sending an email can violate open door law.

01:04:21.730 --> 01:04:29.777
- Emails are not meetings full stop That's it and It's actually bit this is a broader problem It's I know

01:04:29.777 --> 01:04:37.669
- it's a specific sub issue within this thing But this like idea that sending an email to someone is is

01:04:37.669 --> 01:04:45.793
- enough if I open door law violation is absurd. Anyway on the merits, I appreciate all the comments folks

01:04:45.793 --> 01:04:51.518
- I agree that we as a council need to continue to establish better process

01:04:52.130 --> 01:04:59.293
- for Removals for cause from boards and commissions You know the the various due process considerations.

01:04:59.293 --> 01:05:06.180
- Mr. Cross suggested are warranted that should be You know incorporated into a clearer process and I

01:05:06.180 --> 01:05:13.067
- appreciate our counsel attorney administrator Advising us to take action on that. I think we should

01:05:13.067 --> 01:05:20.574
- I think that should proceed apart from this particular proposed removal and I would be satisfied or ready to

01:05:21.442 --> 01:05:29.214
- act on it tonight by way of declining to remove Mr. Cross from HPC. So that's my view. If that happens

01:05:29.214 --> 01:05:36.835
- to be the majority of you, I would encourage another colleague to make a motion so we could do that.

01:05:36.835 --> 01:05:43.852
- But there are multiple paths open to us. So, yeah, thank you. Thank you, Constable Fleuride.

01:05:43.852 --> 01:05:50.718
- Anyone else? Okay, then I'll make just a very brief comment as well. I think that there's,

01:05:51.330 --> 01:05:58.974
- First off, I can't speak for all of us, but for myself, I would like to say sorry that you have been

01:05:58.974 --> 01:06:06.921
- at this many meetings first and foremost. I think that a question that we're not asking is whether after

01:06:06.921 --> 01:06:14.717
- all of this, you would even still be willing to serve on a committee in the first place. I don't think

01:06:14.717 --> 01:06:21.150
- that any resident or any person who is a member of any one of our commissions should

01:06:21.346 --> 01:06:28.246
- ever have to worry about being brought before a public meeting on multiple occasions, being spoken about

01:06:28.246 --> 01:06:34.949
- by elected officials, being, despite the fact you're appointed and serving in a pseudo-judicial role,

01:06:34.949 --> 01:06:41.585
- I get that that is a public position and that you accept that when you accept the appointment. But I

01:06:41.585 --> 01:06:43.294
- just think that there's a

01:06:43.746 --> 01:06:50.910
- Element of privacy that you deserve and I think that we have far extended what that means regardless

01:06:50.910 --> 01:06:58.003
- of the merits of this I don't think that this is an appropriate way to treat you or anybody whoever

01:06:58.003 --> 01:07:05.380
- serves on a commission now that notwithstanding I'd like to then ask my council colleagues I think sort

01:07:05.380 --> 01:07:10.558
- of building off of the same things that councilmember Flaherty said it's

01:07:11.426 --> 01:07:21.300
- The idea that somebody that we appoint who we want to be a voice on a commission, somebody who we want

01:07:21.300 --> 01:07:30.886
- to have their own ideas, somebody who is appointed so that they can actually bring disagreement and

01:07:30.886 --> 01:07:36.350
- surface them and fight for a position to punish a person

01:07:36.770 --> 01:07:42.881
- for essentially an act of civil disobedience. Even if you take the fact that you're like, actually,

01:07:42.881 --> 01:07:49.297
- Robert's rules were followed perfectly and all of those things, even within that structure, if you don't

01:07:49.297 --> 01:07:55.713
- think that the process is going correctly, for you to stand up and say, look, I'm going to do everything

01:07:55.713 --> 01:08:02.190
- within my power to stop this process from going forward. We can't hold so tight to rules and regulations,

01:08:02.190 --> 01:08:06.590
- which our other commissioners said very clearly. They had just adopted.

01:08:06.690 --> 01:08:14.331
- only to subjugate people to our own outcomes and desires. But then when they beat against those and

01:08:14.331 --> 01:08:22.429
- use those same rules, mind you, to say that this process isn't working, we go, well, you're out of order.

01:08:22.429 --> 01:08:24.798
- That is just classic violence.

01:08:25.122 --> 01:08:33.607
- racially based. I'm not saying that people were racially based in this context, but this is how, through

01:08:33.607 --> 01:08:42.254
- generations, people like me and like Mr. Cross have been kept under the authoritarian rule of institutions

01:08:42.254 --> 01:08:48.638
- that were not built to serve us. And I just don't want to live in a city where

01:08:48.738 --> 01:08:54.568
- where people who serve on our commissions worry about whether or not they know Robert's rules. I don't

01:08:54.568 --> 01:09:00.228
- want to live in a city where if you do something wrong, we're going to bring you out here and shame

01:09:00.228 --> 01:09:04.926
- you publicly. And so within my agency to act, I would ask that we, with prejudice,

01:09:05.218 --> 01:09:11.062
- do not like that we abandon this and do not bring it again. I think that we have the ability, we have

01:09:11.062 --> 01:09:17.078
- already done it in essence through our process now of doing this over six, seven meetings. We've already

01:09:17.078 --> 01:09:22.980
- made it clear that hey, this is something that we're concerned about, but we're also adults. And after

01:09:22.980 --> 01:09:28.710
- all of this, bringing it back to my original question, the fact that Mr. Cross still wants to serve

01:09:28.710 --> 01:09:35.184
- on this committee after all of this says something to me about fitness to serve to address the conversation that

01:09:35.184 --> 01:09:42.220
- Point that was brought up before so I just I would beg my colleagues, please to join me in voting against

01:09:42.220 --> 01:09:48.924
- Mr. Cross's removal. Are there any other comments? Okay, any motions councilmember Stasberg I just I

01:09:48.924 --> 01:09:55.629
- just want to say that in this situation. It really feels like it's I mean when I watched the meeting

01:09:55.629 --> 01:10:02.266
- it almost felt like the opposite like it was somebody who did know Roberts rules was bullying those

01:10:02.266 --> 01:10:03.262
- who didn't and

01:10:03.714 --> 01:10:14.810
- And that's how it really sounded to me. And I guess I would hope that we can look farther than historic

01:10:14.810 --> 01:10:25.693
- prejudice and understanding that, yeah, absolutely, those rules were then being used, and potentially

01:10:25.693 --> 01:10:29.854
- inappropriately, to shame somebody who

01:10:29.986 --> 01:10:40.479
- was a relatively new chair, I think, and clearly maybe needed more training in how to be chair.

01:10:40.479 --> 01:10:51.519
- And I mean, we could say that this is a failure all around in terms of how we set up our volunteers,

01:10:51.519 --> 01:10:56.766
- like, let, like, volunteers to succeed or fail.

01:10:57.378 --> 01:11:04.336
- the commissions and what it is that we're asking them to do and the HPC is a Commission that is state

01:11:04.336 --> 01:11:11.158
- it's it's written by state statute like we have to have it by state statute and it it makes it very

01:11:11.158 --> 01:11:17.980
- important and the items that they deal with are very important and the other piece of this that was

01:11:17.980 --> 01:11:25.142
- a problem is I do believe there was not an attorney present at the first one of these meetings and There

01:11:25.142 --> 01:11:26.302
- should have been

01:11:26.850 --> 01:11:33.707
- in the same way that we have attorneys here, in the same way that Plan Commission has attorneys, in

01:11:33.707 --> 01:11:40.702
- the same way that I assume a whole bunch of the state statutory boards have attorneys present all the

01:11:40.702 --> 01:11:47.628
- time at every meeting. I guess that's where I think that there were lots and lots of balls that were

01:11:47.628 --> 01:11:53.662
- dropped. I think that the one that we're looking at right now specifically feels like a

01:11:54.082 --> 01:12:00.058
- a question of when that ball got dropped, right? How you then, what is the appropriate way to point

01:12:00.058 --> 01:12:06.153
- out and say, hey, you dropped the ball, and then how many times do you do it? Like, where's the line,

01:12:06.153 --> 01:12:12.248
- and did you cross the line? And that's also, like, you know, Mr. Boland really pointed out this idea,

01:12:12.248 --> 01:12:18.224
- like, well, then shouldn't, you know, like, there's another step, there's a sanctuary step in there

01:12:18.224 --> 01:12:20.734
- that's in between, and that maybe that's,

01:12:20.866 --> 01:12:28.699
- Absolutely, what should have happened with additional training and additional understanding and additional

01:12:28.699 --> 01:12:36.092
- like here's where the line, you know roughly is and Here's how it got stepped over And also if there

01:12:36.092 --> 01:12:43.559
- are any motions happy to take them mindful of time everyone Yes, I have a question for you president.

01:12:43.559 --> 01:12:48.830
- Sorry Did you approve the memo that went to mr. Cross on August 21st? I

01:12:50.562 --> 01:12:58.677
- from our counsel attorney? I'm very sorry to say that I do not remember. I'm so sorry, Mr. Allen. I

01:12:58.677 --> 01:13:07.036
- literally do not remember. I don't know. I don't believe the Council President approved the exact form

01:13:07.036 --> 01:13:15.151
- of the letter. We had talked about the outlines and what was going to be in the letter, but not the

01:13:15.151 --> 01:13:19.614
- text of the letter. Thank you. That's my recollection.

01:13:20.386 --> 01:13:30.369
- If I could follow up, I think this has been mishandled in countless ways, both on our end and to some

01:13:30.369 --> 01:13:40.547
- extent on the HPC members and even on Mr. Cross. I think there have been mistakes up and down the line.

01:13:40.547 --> 01:13:50.334
- And even though I am a member of interview committee C that voted unanimously to recommend removal,

01:13:50.530 --> 01:13:59.095
- I think that this is foo bar and we just can't follow. I don't think we should add. I don't think we're

01:13:59.095 --> 01:14:07.659
- in a position to make a good decision here. We just the process has been so flawed that I think we need

01:14:07.659 --> 01:14:15.153
- to dismiss this now. Come up with a policy make that policy known to everybody involved to

01:14:15.153 --> 01:14:19.518
- all the commissions and then follow through with it.

01:14:20.482 --> 01:14:36.780
- Thank you. Thank you. Councillor Smith. Any others. Go ahead. Motion. Go ahead. Please. I move to dismiss

01:14:36.780 --> 01:14:48.158
- this without prejudice. Sorry. Sorry. I don't watch enough Law and Order.

01:14:51.042 --> 01:14:59.860
- with prejudice There's a motion in the second discussion counselor Piedmont Smith What does that what

01:14:59.860 --> 01:15:08.505
- does with prejudice mean just to clarify for everybody My understanding is it means that we're done

01:15:08.505 --> 01:15:16.286
- talking about it. We can't bring this specific issue back up under this specific scenario

01:15:17.346 --> 01:15:24.989
- You would never be able to raise these charges against the individual based on these meanings ever again

01:15:24.989 --> 01:15:32.778
- in the future Thank you any other discussion All right. All those in favor of the of the motion to dismiss

01:15:32.778 --> 01:15:40.567
- roll call. Okay Councilman app counselor clerk Bolden. Will you please? call roll on the motion to dismiss

01:15:40.567 --> 01:15:41.950
- with prejudice and

01:15:58.370 --> 01:16:07.818
- Okay. Council member Flaherty. Yes. Stossberg. Yes. Smith. Yes. Sorry. Yes. Daily. Yes. Rallo. Yes.

01:16:07.818 --> 01:16:17.360
- Yes. And that motion carries. This matter is dismissed with prejudice. Thank you all for being here.

01:16:17.360 --> 01:16:26.430
- We'll now move on to legislation for first readings. Are there any motions. I move. I think so.

01:16:29.378 --> 01:16:36.051
- I move to introduce for the clerk to read by title and synopsis only ordinance twenty twenty six dash

01:16:36.051 --> 01:16:42.659
- twenty seven motion in the second. Any discussion. All those in favor say aye. Any opposed. Will the

01:16:42.659 --> 01:16:43.902
- clerk please read.

01:16:48.578 --> 01:16:54.861
- Ordinance twenty twenty six dash twenty seven to fix the salaries of all elected city officials for

01:16:54.861 --> 01:17:01.208
- the city of Bloomington for the year twenty twenty seven. The synopsis is as follows. This ordinance

01:17:01.208 --> 01:17:07.680
- recommended by the special fiscal committee sets the twenty twenty seven salaries for all elected city

01:17:07.680 --> 01:17:14.026
- officials for the city of Bloomington. Thank you. I move to discuss ordinance twenty twenty six dash

01:17:14.026 --> 01:17:18.110
- twenty seven motion and second all those in favor of discussing.

01:17:19.010 --> 01:17:26.466
- Opposed okay Thank you as chair of the special fiscal committee, I'll go ahead and present this I wrote

01:17:26.466 --> 01:17:33.779
- a memo in there I don't want to belabor this particular ordinance right now because I do expect it to

01:17:33.779 --> 01:17:36.862
- go to second reading after much discussion

01:17:36.962 --> 01:17:46.722
- Too long didn't read the special fiscal committee decided to recommend a two point seven percents COLA

01:17:46.722 --> 01:17:56.387
- increase for all elected official salaries this year and also wanted to ask staff to do some specific

01:17:56.387 --> 01:18:01.598
- research into Into this issue during the next year The

01:18:01.858 --> 01:18:09.247
- There are four of us on that committee it passed to one councilmember Flaherty was not present at that

01:18:09.247 --> 01:18:17.067
- meeting and I voted against this recommendation and that's why I have included those two possible amendments

01:18:17.067 --> 01:18:24.313
- I They are of course like exclusively can't have both of them one of them is simply keeping the 2026

01:18:24.313 --> 01:18:25.246
- salaries and

01:18:26.178 --> 01:18:32.314
- And I could talk more about my reasoning for either of these if you want me to And the other one is

01:18:32.314 --> 01:18:38.512
- kind of doing something a little bit different. It's it's addressing the ultimate inequities and how

01:18:38.512 --> 01:18:44.648
- cola increases mostly benefit those at the top of the pay scale and not the bottom of the pay scale

01:18:44.648 --> 01:18:50.846
- and So then it essentially averages the overall cola increase and then divides it between the 11 and

01:18:50.914 --> 01:18:57.663
- elected positions and And so then there's not a fiscal impact like the fiscal impact is the same as

01:18:57.663 --> 01:19:04.682
- giving the two point seven percent to each individual position So it doesn't change the monetary piece.

01:19:04.682 --> 01:19:11.769
- I felt with my amendments I didn't want to change any of the monetary piece in terms of having to adjust

01:19:11.769 --> 01:19:18.720
- budgets or figure out where additional salary money might come from and I've also included in the memo

01:19:18.720 --> 01:19:20.880
- kind of an outline of something

01:19:20.880 --> 01:19:31.198
- that we've talked about, that we started with that framework that was started a couple of years ago.

01:19:31.586 --> 01:19:38.056
- the guiding principles which got adjusted by council members Flaherty and Piedmont Smith and then we

01:19:38.056 --> 01:19:44.719
- were working on all of the rest of it in terms of the Process and so one of the pieces of that I wanted

01:19:44.719 --> 01:19:51.189
- to highlight right now is Essentially working on this much earlier in the year. So then if there are

01:19:51.189 --> 01:19:57.723
- significant budgetary impacts of Different salaries that those get realized well before budget season

01:19:57.723 --> 01:20:00.990
- instead of in budget season because otherwise like

01:20:01.122 --> 01:20:09.648
- I mean, it's just sort of, it's opposite to do anything with that. So does anybody have any questions?

01:20:09.648 --> 01:20:18.092
- Any questions? All right. Seeing none, we will go to a time of public comment. Anyone like to comment

01:20:18.092 --> 01:20:26.536
- on this ordinance? Anyone online? Coming back to council, would any, oh, there you are, Councilmember

01:20:26.536 --> 01:20:31.006
- Ruff. Does anybody like to make any comments on this?

01:20:33.506 --> 01:20:41.911
- Or the amendments and we can also introduce the amendments if you'd like I Just wanted to comment that

01:20:41.911 --> 01:20:50.560
- I'm not in favor of not Including a cola increase. I'm not in favor of the amendments. I think I'm sorry.

01:20:50.560 --> 01:20:59.454
- I couldn't quite hear you. Can you speak? Oh Sorry, usually I'm too loud. I'm not in favor of the amendments

01:20:59.454 --> 01:21:02.718
- of not Of not including a cola increase

01:21:03.362 --> 01:21:10.256
- I think across the board I think that's what what we need to be doing and I think we need to keep an

01:21:10.256 --> 01:21:17.150
- eye on or an eye toward incoming future councils. I don't want to be sending a message that you know

01:21:17.150 --> 01:21:24.044
- we're going to keep things stagnant. So in favor of the amendment or not the amendment the ordinance

01:21:24.044 --> 01:21:31.006
- not the amendments. So that's where I'm at right now. Yes can I ask a clarifying question. So you're.

01:21:31.106 --> 01:21:36.928
- Clearly you're not in favor of amendment one and you're why not in favor of amendment two I think we

01:21:36.928 --> 01:21:42.981
- should just do standard cola increases. Keep it simple. Thank you Councilmember Sasser, I guess I wanted

01:21:42.981 --> 01:21:48.919
- to follow up a little bit on that too So you so you don't have a concern then generally speaking about

01:21:48.919 --> 01:21:54.914
- the inequities related to the those at the top of the pay scale getting much larger cola increases than

01:21:54.914 --> 01:21:57.278
- those at the bottom of the pay scale and

01:22:00.642 --> 01:22:06.640
- Well, we don't do it any differently for the other staff in the city. That's true. So and that that

01:22:06.640 --> 01:22:12.818
- was Right. We've discussed doing it that way and that was the discussion at the special fiscal meeting

01:22:12.818 --> 01:22:18.937
- and that was why I mean what got presented I mean, obviously I got out voted Was basically like well,

01:22:18.937 --> 01:22:24.935
- we don't do it anywhere else So why should we do it here and my argument would essentially be maybe

01:22:24.935 --> 01:22:27.454
- we should start doing it somewhere and we

01:22:27.746 --> 01:22:38.752
- Have the power in this particular ordinance. We don't necessarily have the power in civil staff So that

01:22:38.752 --> 01:22:49.334
- would be my argument for that explanation Second time third time, you know what happens So I wanted

01:22:49.334 --> 01:22:56.318
- to say and I know this is unusual in terms of who speaks when but

01:22:56.418 --> 01:23:03.544
- I appreciate councilmember Stossberg's looking at how council salaries and clerk salaries and mayoral

01:23:03.544 --> 01:23:10.740
- salaries are set from a different perspective. And I've heard her speak about equity in coal increases

01:23:10.740 --> 01:23:18.075
- for I can I think I can comfortably say years because you talked about it in 2024 as well. So this isn't

01:23:18.075 --> 01:23:22.686
- new. I am concerned about the way that you've proposed it because

01:23:23.586 --> 01:23:30.907
- You're proposing a COLA percentage increase of 0.8, which is significantly less than the cost of living

01:23:30.907 --> 01:23:38.368
- increase that you've seen for the mayor over the last several years. The clerk's office would be at 1.25%

01:23:38.368 --> 01:23:45.407
- for a COLA increase and the council would see a COLA increase or salary increase at 4.49%, which is

01:23:45.407 --> 01:23:52.798
- higher than most actually all city staff. If you assume the council salary based off of 20 hours a week,

01:23:53.026 --> 01:24:01.224
- you all would make about $24.69. There are city staff members who are job grade three who make less

01:24:01.224 --> 01:24:09.832
- than you do per hour, but they serve full time and sometimes under very difficult conditions. So looking

01:24:09.832 --> 01:24:18.686
- at this, I understand the intent and I think it's good to try and approach it from a different perspective.

01:24:19.106 --> 01:24:28.213
- But I also think that doing it in this way gives the council themselves a significant bump that other

01:24:28.213 --> 01:24:37.498
- city staff will not achieve. That's all. Thank you very much. Any other council members. I'll just make

01:24:37.498 --> 01:24:39.998
- one comment. It's you know.

01:24:40.130 --> 01:24:52.916
- Hill I am Diagon but I think we have an opportunity and perhaps our last opportunity to think and address

01:24:52.916 --> 01:24:56.414
- the questions of clerk clerk

01:24:56.610 --> 01:25:04.728
- responsibilities, workload, et cetera, vis-a-vis council and council staff. It's the last time I get

01:25:04.728 --> 01:25:12.766
- to make this argument, Clerk Bolden. And I would be for, as I've said before, as I said when we did

01:25:12.766 --> 01:25:20.804
- clerk office salaries, I would be for raising the clerk's salary more substantially and giving them

01:25:20.804 --> 01:25:26.430
- more responsibility for the management of council, office, et cetera.

01:25:26.594 --> 01:25:34.249
- Recognize that this is not a position that anybody else is is of but I'm just going to say it While

01:25:34.249 --> 01:25:42.058
- I have a chance to any other comments. Okay motions. Oh councilmember Sasper. I Just want to say that

01:25:42.058 --> 01:25:49.790
- that that's an interesting idea except that the clerk responsibilities are in state code technically

01:25:49.790 --> 01:25:55.838
- and that It would be it would have to be a negotiation with every single clerk

01:25:56.130 --> 01:26:00.711
- Thinking about this and I know Clark Bolton You have said this to me multiple times in terms of setting

01:26:00.711 --> 01:26:05.160
- up the office for the future, right? Like because we're it's not always gonna be the same nine of us

01:26:05.160 --> 01:26:09.697
- up here It's not always gonna be the same person over there It's not always gonna be at the same mayor

01:26:09.697 --> 01:26:14.278
- and we need to be more forward-thinking than that And one of the things about elected official salaries

01:26:14.278 --> 01:26:18.110
- for those of you who don't know they can't go down Once they go up, they can't go down

01:26:18.850 --> 01:26:25.475
- And so that's honestly like one of mine by by leaving it at 2026 values It kind of goes well if we can't

01:26:25.475 --> 01:26:31.784
- decide how they should go up Then maybe they should just stay where they are And so that's why like

01:26:31.784 --> 01:26:38.093
- I don't even know which of those amendments I like the best I just was throwing them all out there.

01:26:38.093 --> 01:26:44.970
- Thanks So I'll I was gonna make a motion if you wanted me to so I'll go ahead and move to Consider ordinance

01:26:44.970 --> 01:26:48.062
- 2026 27 for second reading at our next regularly

01:26:48.418 --> 01:26:57.253
- regular session which Thank you is November 9th 18th November 18th Any discussion Okay, all those in

01:26:57.253 --> 01:27:06.000
- favor say aye Any opposed? All right. Thank you. That will be read for a second reading on November

01:27:06.000 --> 01:27:14.923
- 18th. Are there any motions I Move that ordinance 2026 dash 31 be introduced and read by the clerk by

01:27:14.923 --> 01:27:17.022
- title and synopsis only

01:27:18.114 --> 01:27:24.894
- Motion to second, any discussion? All those in favor say aye. Aye. Any opposed? Will the clerk please read?

01:27:27.682 --> 01:27:33.975
- Ordinance twenty twenty six dash thirty one UDO amendments related to housing attainability synopsis

01:27:33.975 --> 01:27:40.393
- is as follows this ordinance contains amendments to the unified development ordinance to amend the use

01:27:40.393 --> 01:27:46.625
- specific standards regulating the use dwelling accessory unit dwelling cottage home dwelling duplex

01:27:46.625 --> 01:27:52.856
- dwelling triplex and dwelling fourplex council sponsor is Stossberg. Thank you very much. Any other

01:27:52.856 --> 01:27:57.342
- motions. I move to discuss ordinance twenty twenty six dash thirty one.

01:27:57.890 --> 01:28:04.666
- motion in a second any discussion Okay, all those in favor say aye aye Any opposed? All right Councilman,

01:28:04.666 --> 01:28:11.186
- we're gonna say something first and then we'll hand over there's this will there just be a very brief

01:28:11.186 --> 01:28:17.642
- note on this one Oh, no, I don't have anything I mean I'm sponsoring I'm the sponsor on this because

01:28:17.642 --> 01:28:24.226
- I am the council member that represents playing Commission So I thought that that was most appropriate

01:28:24.226 --> 01:28:27.678
- Mr. Grulick or or mr. Coyne where either of you gonna

01:28:28.002 --> 01:28:34.871
- Comment on this one. Yes but I think there was I might have got the numbers wrong but it was this the

01:28:34.871 --> 01:28:41.740
- one where there was a needs to there was some issue. I don't. There was a minor change. I think there

01:28:41.740 --> 01:28:48.609
- was a language. Okay. I'm conflating the position in the definition of duplex. That was the only take

01:28:48.609 --> 01:28:55.006
- it away. I'm conflating the one that wasn't ready that we're going to have to delay. Go ahead.

01:28:55.106 --> 01:29:01.917
- And so I apologize. I was talking with council staff for a second. Did you want me to give just a Do

01:29:01.917 --> 01:29:08.661
- the presentation sir Wonderful. Excellent. Happy to happy to move forward here then so this is kind

01:29:08.661 --> 01:29:13.854
- of the last series of amendments that the the planning department had have a

01:29:13.954 --> 01:29:20.543
- been working on since last year beginning part of last year we had started to highlight several aspects

01:29:20.543 --> 01:29:26.878
- within the unified development ordinance that kind of controlled housing and you know regulated how

01:29:26.878 --> 01:29:33.593
- much housing you can build within the city. What are the different uses that can happen within districts.

01:29:33.593 --> 01:29:40.436
- What are the standards that control that. And so we had come up with a very lengthy list of things setbacks

01:29:40.436 --> 01:29:43.920
- subdivision standards allowing a diversity of land use

01:29:43.920 --> 01:29:51.545
- a lot of that language or those intentions were addressed with the council resolution that dealt with

01:29:51.545 --> 01:29:59.170
- setbacks and subdivision standards there was also a house bill that was coming forward last year that

01:29:59.170 --> 01:30:05.150
- we were watching and looking for what would be the implications for the UDO and

01:30:05.698 --> 01:30:12.665
- And so there were some things within that house bill that we did need to adjust specifically with accessory

01:30:12.665 --> 01:30:19.180
- dwelling units And so the amendments to the udio that are before you tonight kind of deal with three

01:30:19.180 --> 01:30:26.148
- aspects This is kind of the last set of cleanups that we have So one of those deals with accessory dwelling

01:30:26.148 --> 01:30:29.502
- units. So as I mentioned part of house bill 1001 is

01:30:29.634 --> 01:30:36.590
- did introduce a new definition for accessory dwelling units. So we are syncing our definition of accessory

01:30:36.590 --> 01:30:37.630
- dwelling units.

01:30:37.698 --> 01:30:45.322
- With the language within house bill 1001 another aspect of the zoning code That provides for a diversity

01:30:45.322 --> 01:30:53.164
- of housing that we haven't seen utilized very much is for cottage home developments And so we are proposing

01:30:53.164 --> 01:31:00.497
- to kind of amend the language within that to adjust the density standards that allow within that and

01:31:00.497 --> 01:31:04.926
- then the last component dealt with duplexes and specifically

01:31:04.994 --> 01:31:12.446
- Several of the aspects that control duplexes So just for the council's general reminder When duplexes

01:31:12.446 --> 01:31:19.825
- were approved several years ago, there were some new specific restrictions that govern how those are

01:31:19.825 --> 01:31:27.423
- Evaluated there were also some spatial restrictions that created a hundred and fifty foot buffer around

01:31:27.423 --> 01:31:32.318
- every duplex for two years that didn't allow for any others within

01:31:32.418 --> 01:31:40.444
- Buffer there was also a maximum of duplexes that were allowed per calendar year of 15 And so we are

01:31:40.444 --> 01:31:48.550
- proposing to remove both of those to remove the spatial buffering requirement You know that 150 foot

01:31:48.550 --> 01:31:55.774
- buffer. We're also proposing to remove that cap that 15 number cap that is in the udl and

01:31:56.482 --> 01:32:02.932
- And so a lot of those those two aspects Work towards some of the language that was in house bill 1001

01:32:02.932 --> 01:32:09.572
- that directed communities to look at barriers to housing within their community So these were two things

01:32:09.572 --> 01:32:16.085
- certainly that that we could address and bring forward another aspect with duplexes and triplexes that

01:32:16.085 --> 01:32:20.638
- we are adjusting is for triplexes and four plexes there's language that

01:32:21.442 --> 01:32:27.883
- restricts that building to only two entrances. And so as we encountered some situations with triplexes

01:32:27.883 --> 01:32:34.450
- and fourplexes where they wanted to condomize a unit and have each unit have its own entrance, you know,

01:32:34.450 --> 01:32:40.891
- restricting that building to only two entrances really prevents you from establishing a two true owner

01:32:40.891 --> 01:32:47.270
- occupied unit with your own door, your own entrance and being kind of your own self-sufficient little

01:32:47.270 --> 01:32:50.334
- unit there. So we were proposing to remove that.

01:32:50.498 --> 01:32:57.970
- And then as I mentioned with the use specific standards for duplexes as we have gone through the process

01:32:57.970 --> 01:33:05.228
- of evaluating those You know one of the criteria deals with roof pitch, but we have also consistently

01:33:05.228 --> 01:33:12.487
- utilized that to Deal with the orientation of that roof design so that gables are of houses along the

01:33:12.487 --> 01:33:20.030
- street are facing the same direction So we're proposing an amendment just for that one particular element

01:33:20.162 --> 01:33:28.428
- So real quickly on the screen here, I've shown the language that was in house bill 1001 Dealing with

01:33:28.428 --> 01:33:37.185
- accessory dwelling units. So we are modifying our language within the UDO to sync with that as I mentioned

01:33:37.185 --> 01:33:46.270
- one of the standards or several the standards that we are proposing to adjust with duplexes was related to the

01:33:46.530 --> 01:33:53.361
- Number that is required for the number that is allowed per year that spatial buffer that is created

01:33:53.361 --> 01:34:00.328
- around that and then the orientation of the roofs at the plan commission one of the changes that they

01:34:00.328 --> 01:34:01.694
- wanted to make for.

01:34:02.626 --> 01:34:10.132
- Duplexes allowed for the utilization of houses along both sides of the street When they are evaluating

01:34:10.132 --> 01:34:17.638
- the four specific elements that are in the udio So the Planning Commission added language to allow for

01:34:17.638 --> 01:34:24.998
- both sides of the street to be utilized for that evaluation And then the third one that or the yeah,

01:34:24.998 --> 01:34:30.974
- the third aspect was for cottage developments so this is a development type where

01:34:31.106 --> 01:34:38.815
- You typically have a common area of sorts and then houses that are kind of circling that in some capacity

01:34:38.815 --> 01:34:46.160
- When this particular language was incorporated within the UDO we were we were obviously proposing it

01:34:46.160 --> 01:34:53.650
- from a very conservative standpoint and so the the density of housing that was allowed on a particular

01:34:53.650 --> 01:34:55.614
- property was correlated to

01:34:55.906 --> 01:35:02.029
- If you were to take that same property and subdivide it based on the minimum lot size in the district

01:35:02.029 --> 01:35:08.152
- how many houses would you get on that particular property. So the density standards that you see here

01:35:08.152 --> 01:35:14.335
- were kind of reflective of of that equation. But long story short we haven't seen this utilized hardly

01:35:14.335 --> 01:35:21.118
- at all. So it certainly does provide a nice opportunity to have a diversity of housing options. So you know the.

01:35:21.250 --> 01:35:27.905
- density limits and the minimum and maximum project sizes have certainly been a hindrance in terms of

01:35:27.905 --> 01:35:34.627
- how these have been utilized. And we've even recently been working with an individual to utilize this

01:35:34.627 --> 01:35:41.216
- but the density restrictions just just don't allow them to accomplish the number of units that they

01:35:41.216 --> 01:35:47.805
- need there. So we are proposing to increase those density standards to give a higher probability of

01:35:47.805 --> 01:35:51.166
- this housing type being used within the community.

01:35:51.362 --> 01:35:58.276
- So with that the planning commission heard this at their October 12th planning commission meeting and

01:35:58.276 --> 01:36:05.259
- they voted five to zero to forward this to the common council with a favorable recommendation. So that

01:36:05.259 --> 01:36:12.105
- is what we are proposing. I'm happy to answer any questions. Thank you so much. Thank you. Thank you

01:36:12.105 --> 01:36:17.054
- very much. Council members any questions. Council member Piedmont Smith.

01:36:18.690 --> 01:36:26.661
- Yes in regard to House Bill 1001 does it actually require that municipalities define the 80 years in

01:36:26.661 --> 01:36:34.711
- the same way that they are defined in state code to do that as as I mentioned late last year you know

01:36:34.711 --> 01:36:42.603
- early part of last year you know we had considered several different aspects for accessory dwelling

01:36:42.603 --> 01:36:47.102
- units of things to possibly modify you know one of those

01:36:47.490 --> 01:36:53.480
- possible modifications was to allow to accessory dwelling units on a property you know another aspect

01:36:53.480 --> 01:36:59.352
- to try that we were considering evaluating was removing the owner occupancy restriction and then we

01:36:59.352 --> 01:37:05.460
- also had kind of looked at increasing the size that could be allowed for those units so with the change

01:37:05.460 --> 01:37:11.626
- of the house bill that certainly presented a good opportunity to you know make sure that our definitions

01:37:11.626 --> 01:37:16.030
- match with the state approved but also you know kind of carry forward with

01:37:16.162 --> 01:37:24.620
- Increasing the size a little bit to help make them a little bit more viable Okay, but it's not required.

01:37:24.620 --> 01:37:32.917
- It's not required. No, okay. Thank you Any other questions Because we're suspect users oh, sorry, it's

01:37:32.917 --> 01:37:40.972
- just stretching. All right, we'll go to public comment then at this time Would anybody like to make

01:37:40.972 --> 01:37:45.886
- a public comment on 2020 on ordinance? 2026 31 Anyone online

01:37:46.914 --> 01:37:54.986
- Thank you so much. We'll come back to council. We have someone online. Ah, very exciting. Person online,

01:37:54.986 --> 01:38:02.827
- you may speak at this moment. You have three minutes. You can just state your name for the record. My

01:38:02.827 --> 01:38:10.668
- name is Jamie Scholl. I won't take three minutes. Thank you for this time, by the way. Whenever we're

01:38:10.668 --> 01:38:16.510
- considering density, there's some questions that come to mind, some points.

01:38:16.738 --> 01:38:30.226
- basically every time we talk about this. And one is, do we have the appropriate infrastructure to support

01:38:30.226 --> 01:38:44.222
- this development? Do we have enough support for BPD, for fire? I watch these meetings and maybe not everyone,

01:38:45.314 --> 01:38:55.399
- But when hearing about we need a new ladder truck for fire, was that not considered when approving all

01:38:55.399 --> 01:39:05.582
- these very tall buildings? Another one is green space. Green space is absolutely necessary for positive

01:39:05.582 --> 01:39:12.926
- mental health and to help those to to help stay out of a depressive state.

01:39:13.442 --> 01:39:22.164
- It has many benefits. There's many scientific studies that show it's beneficial. I don't know if that's

01:39:22.164 --> 01:39:30.634
- been planned in. And lastly, is this kind of development, is this going to support home ownership or

01:39:30.634 --> 01:39:38.014
- will this be more, mostly largely wealth creation for developers and the rentier class?

01:39:38.690 --> 01:39:46.784
- I'm concerned that we have so many renting and we have a lot of people who want to own homes and they

01:39:46.784 --> 01:39:54.718
- don't have a way to do that. So whenever hearing about more density, those are the points that come

01:39:54.718 --> 01:40:02.891
- to mind and I hope those are something that I'll consider. Thank you. Thank you so much, Michelle. Any

01:40:02.891 --> 01:40:06.462
- other commenters online? Anyone in chambers?

01:40:06.626 --> 01:40:15.376
- Okay we'll come back to council for any final comments or motions or things that you'd like to see addressed

01:40:15.376 --> 01:40:23.403
- before a second reading. Councilman Piedmont Smith I guess it would be useful before for the second

01:40:23.403 --> 01:40:31.992
- reading or before to have some kind of visual to describe what it might look like with the greater density

01:40:31.992 --> 01:40:33.758
- cottage developments.

01:40:34.018 --> 01:40:41.392
- You know 43 units per acre that sounds like a lot at multiple stories et cetera. How does that interplay

01:40:41.392 --> 01:40:48.625
- with the height limitations things like that. So if we could get some examples maybe of higher density

01:40:48.625 --> 01:40:55.718
- cottage developments from other communities that would be helpful. Thank you so much council member.

01:40:55.718 --> 01:41:01.758
- Any others things you'd like to see before the next meeting. Going once twice motion.

01:41:04.002 --> 01:41:11.368
- Sorry, sorry, no too late. No, go ahead. It comes from Stasburg. I was gonna motion. I was gonna Oh,

01:41:11.368 --> 01:41:18.880
- there's a motion. Okay, move for move that we Move ordinance 20 26 31 to a second reading in two weeks

01:41:18.880 --> 01:41:26.465
- at our next regularly scheduled Session regular session on November 18th. Thank you very much. Is there

01:41:26.465 --> 01:41:32.446
- a second? Thank you motion and a second by comes for Piedmont Smith by a fraction

01:41:32.642 --> 01:41:41.567
- All those in favor, say aye. Aye. Any opposed? All right. That will be discussed at our next regular

01:41:41.567 --> 01:41:50.493
- session. Are there any motions? I move that ordinance 2026-32 be introduced and read by the clerk by

01:41:50.493 --> 01:41:52.702
- title and synopsis only.

01:41:54.658 --> 01:42:00.651
- Any discussion I'll just note for everybody's and the planning is going to say this in a second But

01:42:00.651 --> 01:42:06.703
- there's we still haven't got all of the signatures for petition So we're not going to be able to act

01:42:06.703 --> 01:42:12.876
- on this regardless Planning is asking that we still do the first reading of it But we'll have to delay

01:42:12.876 --> 01:42:19.108
- it and I will explain a little bit We need to delay it beyond our next meeting. So just for everybody's

01:42:19.108 --> 01:42:21.086
- awareness as we vote on this but

01:42:21.186 --> 01:42:29.443
- So the motion and the second will the clerk. Oh no. All those in favor say aye aye. Will the clerk please

01:42:29.443 --> 01:42:37.466
- read ordinance twenty twenty six dash thirty two to amend the city of Bloomington zoning maps and zone

01:42:37.466 --> 01:42:45.567
- property currently in the Monroe County jurisdiction to mixed use corridor in anticipation of voluntary

01:42:45.567 --> 01:42:50.942
- annexation the snaps. This is as follows. This ordinance would zone.

01:42:51.906 --> 01:43:01.016
- 0.77 acres to mix use corridor in connection with a voluntary annexation Councilmember Stossberg sponsors.

01:43:01.016 --> 01:43:09.785
- Thank you very much At this point I'm gonna make a motion to also read to the next ordinance so we can

01:43:09.785 --> 01:43:18.639
- discuss them together for sake of brevity, so I move to the to introduce ordinance 2026 dash 33 To read

01:43:18.639 --> 01:43:21.278
- to yeah, you said introduce Oh

01:43:21.474 --> 01:43:29.507
- I'm sorry. This is why I should have my things pulled up in front of me to be introduced and read by

01:43:29.507 --> 01:43:37.540
- the clerk by title and synopsis only. Sorry. Sorry. I was getting there. All those in favor say aye.

01:43:37.540 --> 01:43:44.062
- Aye. Any opposed. All right. Well, please read twenty twenty six thirty three or.

01:43:44.610 --> 01:43:50.226
- Ordinance twenty twenty six dash thirty three to amend the city of Bloomington zoning maps and zone

01:43:50.226 --> 01:43:56.348
- property currently in the Monroe County jurisdiction to residential multifamily in anticipation of voluntary

01:43:56.348 --> 01:44:02.021
- annexation. The synopsis is as follows. This ordinance would zone five point five three one acres to

01:44:02.021 --> 01:44:07.974
- residential multifamily in connection with a voluntary annexation. Thank you very much. I move to discuss

01:44:07.974 --> 01:44:13.310
- ordinance twenty twenty six dash thirty two and ordinance twenty twenty six dash thirty three.

01:44:15.042 --> 01:44:21.409
- Second motion and a second all those in favor. Aye. Any opposed. All right. It can just say Mr. Grulick

01:44:21.409 --> 01:44:27.592
- maybe or I don't know if Mr. Wheeler is now online. He wasn't earlier. But if you want to maybe just

01:44:27.592 --> 01:44:32.734
- say a few things about this and then explain why we cannot take action on this yet.

01:44:33.058 --> 01:44:39.395
- Yeah absolutely. So both of these two ordinances or a recommendation from the Plaint Commission to the

01:44:39.395 --> 01:44:46.101
- council to accompany a voluntary annexation request for these two particular areas. So the Plaint Commission

01:44:46.101 --> 01:44:52.253
- made a recommendation for zoning so that recommendation should follow with the same hearing of when

01:44:52.253 --> 01:44:57.790
- the actual voluntary or the actual annexation discussion and action should happen so that

01:44:57.922 --> 01:45:03.808
- Obviously if the council does choose to annex it then that zoning can be implemented. You know if you

01:45:03.808 --> 01:45:09.637
- choose not to annex them then the zoning is irrelevant or that that particular aspect is irrelevant.

01:45:09.637 --> 01:45:15.928
- So they need to be brought forward together to be heard at the same time. So the actual annexation component

01:45:15.928 --> 01:45:21.756
- still has a few things to be done on the outside end so that that can come forward separately but at

01:45:21.756 --> 01:45:22.622
- the same time.

01:45:24.706 --> 01:45:29.777
- and there's a time we need to do that within 20, there's a 20 day window that you need to make

01:45:29.777 --> 01:45:31.806
- an announcement for, is that correct?

01:45:34.306 --> 01:45:39.971
- Think it's a I think there's a 20-day notice period or a 10-day. Oh, yes Yes, so the annexate and I

01:45:39.971 --> 01:45:45.182
- don't know if mr. Wheeler is online if he wants to speak to that But yes, there is a public

01:45:45.182 --> 01:45:50.960
- notice requirement for the actual annexation component So that has not been initiated yet. So as soon

01:45:50.960 --> 01:45:57.021
- as that Process has started and that 20-day notice period has ran out then it can be placed on the council

01:45:57.021 --> 01:46:02.799
- agenda Excellent. So So with that being said it might be useful if anybody has things that you'd like

01:46:02.799 --> 01:46:04.158
- to raise before this is

01:46:04.290 --> 01:46:14.641
- brought back if you want it to be brought back or any questions or clarifications at this point. Otherwise

01:46:14.641 --> 01:46:24.508
- we should move this to at the earliest December 2nd. Councilmember Puma Smith. Well I guess I'll just

01:46:24.508 --> 01:46:33.214
- note that I the ordinance twenty twenty six dash thirty two for 222 South Johnson Street.

01:46:33.794 --> 01:46:46.032
- I'm a little concerned about the zoning recommendation being commercial in that it seems to be Most

01:46:46.032 --> 01:46:57.290
- of the parcels are I'm sorry. This is the one that is to 32 lots 0.77 acres It's yeah 26-32

01:46:57.290 --> 01:47:02.430
- zoning recommendation is for MC multi-use

01:47:03.010 --> 01:47:12.229
- for mixed use corridor. It does seem to sit behind the houses on Third Street that are commercial buildings.

01:47:12.229 --> 01:47:20.772
- And so I'm questioning why it would be a commercial building since it is does not have direct access

01:47:20.772 --> 01:47:30.076
- to Third Street. So if that could be clarified and elucidated next time we talk about this I would appreciate

01:47:30.076 --> 01:47:32.190
- it. Thank you very much.

01:47:32.354 --> 01:47:43.054
- Any others? OK. Wonderful person in charge of motions. Would you like to make one? Don't we need to

01:47:43.054 --> 01:47:54.183
- go to public comment? I'm sorry. Thank you very much. Would anybody like to make public comment on this

01:47:54.183 --> 01:47:58.142
- ordinance? On either of them, sorry.

01:47:59.042 --> 01:48:07.636
- Actually, let me do it one by one. Would anybody like to make comment on ordinance 202632? Is there

01:48:07.636 --> 01:48:16.315
- anyone online? Anyone online? Is there anyone to tell me whether there's anyone online? I'm going to

01:48:16.315 --> 01:48:25.854
- assume there's no one online. Anyone like to make comment on ordinance 202633? I assume there's no one online.

01:48:27.042 --> 01:48:37.877
- All right, we'll come back to council Any comments all right, so with that Motion I move to send ordinance

01:48:37.877 --> 01:48:48.206
- twenty twenty six dash thirty two and ordinance twenty twenty six dash thirty three To our meeting on

01:48:48.206 --> 01:48:55.294
- December 2nd Second motion in a second all those in favor Any opposed

01:48:56.418 --> 01:49:02.779
- Thank you very much. Those two ordinances will be discussed on December 2nd. Move on. Are there any

01:49:02.779 --> 01:49:09.268
- motions? I move that ordinance twenty twenty six dash thirty four be introduced and read by the clerk

01:49:09.268 --> 01:49:15.629
- by title and synopsis only. There's a motion and a second. All those in favor say aye. Any opposed.

01:49:15.629 --> 01:49:18.110
- All right. Will the clerk please read.

01:49:23.714 --> 01:49:29.918
- Ordinance 2026-34 to vacate public parcels regarding two 12-foot wide alley segments located in the

01:49:29.918 --> 01:49:36.184
- southwest corner of West 11th Street and North Rogers Street. Trades District Community Development,

01:49:36.184 --> 01:49:42.263
- LLC petitioner and owner. Synopsis is as follows. The petitioner owner, Trades District Community

01:49:42.263 --> 01:49:48.591
- Development, LLC, request vacation of two alleys that are in the southwest corner of West 11th Street

01:49:48.591 --> 01:49:50.142
- and North Rogers Street.

01:49:50.242 --> 01:49:58.807
- These parcels are part of the trades district West phase and are being prepared for redevelopment council

01:49:58.807 --> 01:50:07.209
- sponsor is Stossberg Thank you very much Correct I am the council sponsor for that one This was a error

01:50:07.209 --> 01:50:15.774
- on let me restate that say the council sponsor is a sorry my apologies to Stossberg for listing her again

01:50:16.546 --> 01:50:25.621
- Yeah she's got plenty today. I move to discuss ordinance twenty twenty six dash thirty four. Second.

01:50:25.621 --> 01:50:34.875
- All right. All those in favor say aye. Aye. Any opposed. All right. I'll just maybe actually I'll hand

01:50:34.875 --> 01:50:42.782
- over to the birthday boy himself. Sorry. Yes. Just point of order you need to pass the.

01:50:43.074 --> 01:50:53.472
- Yes, because I'm the sponsor you wanted to go there you go Yeah, so you can do it then I don't have

01:50:53.472 --> 01:51:03.975
- anything to say I might have things to say later But it's his birthday With the birthday boy like to

01:51:03.975 --> 01:51:08.030
- Present that's Yeah, what a great gift

01:51:09.762 --> 01:51:16.363
- I guess it is matter of public record what my birthday is, but thank you. Yeah So for the City Council,

01:51:16.363 --> 01:51:22.774
- I just want to first start by thanking you because you've all been very supportive of the work We're

01:51:22.774 --> 01:51:29.184
- doing with the trades district. So we always appreciate that State your name for the John Fernandez.

01:51:29.184 --> 01:51:35.658
- I'm the CEO of amplify Bloomington the property that is subject to this Piece of legislation is owned

01:51:35.658 --> 01:51:37.118
- by the trades district

01:51:37.634 --> 01:51:45.587
- Community Development Corporation, which is a wholly owned subsidiary of amplify Bloomington just for

01:51:45.587 --> 01:51:53.385
- the record So I think that proposal is pretty straightforward. There are some old platted alleys on

01:51:53.385 --> 01:52:01.260
- this property That have not been developed by the city or used as public rights away as far as I can

01:52:01.260 --> 01:52:02.430
- tell ever They

01:52:03.714 --> 01:52:12.008
- They don't really connect anything and there's no network that they would connect to had they been developed

01:52:12.008 --> 01:52:19.617
- the property alley that runs south of 11th Street actually stops halfway through the property so it

01:52:19.617 --> 01:52:27.226
- doesn't even proceed all the way to The adjacent property of the south which would be a building if

01:52:27.226 --> 01:52:30.270
- it did that's where the beeline Heights

01:52:30.434 --> 01:52:38.453
- Apartments are there's an alley platted that runs east-west from Rogers Street West to the Bender property

01:52:38.453 --> 01:52:46.022
- and there's no I mean the Bender property has been there forever and So we're not sure it would ever

01:52:46.022 --> 01:52:53.741
- connect anything it had it been developed as an alley these alleys I would just say that you know this

01:52:53.741 --> 01:52:58.462
- parcel if you're familiar with it. It's pretty challenging and

01:52:59.106 --> 01:53:08.278
- It's been vacant for a long time. It has recorded environmental conditions so that you can't have ground

01:53:08.278 --> 01:53:17.187
- floor residential unless you do a soil management plan for the site. It also has water infrastructure

01:53:17.187 --> 01:53:26.097
- from 1910. So there's some significant infrastructure requirements for the property. These alleys, as

01:53:26.097 --> 01:53:27.582
- they're platted,

01:53:28.386 --> 01:53:36.483
- I just add one more challenge and obstacle as we try and secure development partners to build on that

01:53:36.483 --> 01:53:44.421
- site, consistent with the vision that we all have for the trades district. I would just say that if

01:53:44.421 --> 01:53:49.502
- these alleys are vacated, which we certainly hope they will be,

01:53:50.466 --> 01:53:57.475
- Any development on the site's gonna have to go to the Planning Commission and and we'll have to work

01:53:57.475 --> 01:54:04.415
- with the City Planning Department So any issues of connectivity, I feel confident will be seriously

01:54:04.415 --> 01:54:11.355
- addressed and they'll be adequately addressed because we need to have a good access for pedestrians

01:54:11.355 --> 01:54:15.102
- bicyclists and and vehicles as well so the request is

01:54:15.234 --> 01:54:23.682
- Our judgment is very consistent with the city's councils policy as it relates to alley vacations and

01:54:23.682 --> 01:54:32.297
- we would just really Ask for the council support and happy to answer any questions Thank you very much

01:54:32.297 --> 01:54:38.654
- Thank you very much, thank you does any council member have any questions I

01:54:43.618 --> 01:54:52.184
- Seeing no questions. We'll go to that was easy We'll go to public comment. Anybody in chambers have

01:54:52.184 --> 01:55:00.836
- public comment or anybody online? Nobody online anybody in chambers All right, we're gonna come back

01:55:00.836 --> 01:55:09.402
- to council for council comment any council members have comment. Oh Council member ala presentation

01:55:09.402 --> 01:55:13.086
- Mr. Fernandez, I'm generally in support of

01:55:13.186 --> 01:55:23.629
- maintaining alleys throughout the city, but Having listened to the arguments and and observed the The

01:55:23.629 --> 01:55:34.073
- geography of this Vacation I don't I see it in the better public interest to vacate it and so I'll be

01:55:34.073 --> 01:55:40.830
- supporting of that this today Thank you Anybody else have comment

01:55:42.178 --> 01:55:51.089
- on this ordinance twenty six thirty four. All right. Seeing seeing council member sorry I'd just like

01:55:51.089 --> 01:56:00.350
- to echo council member Rallo's point. I do generally and I think we've discussed this here before like I.

01:56:00.610 --> 01:56:06.851
- I tend to be concerned with setting precedents particularly with things like alley vacations because

01:56:06.851 --> 01:56:13.215
- you know then the next time someone wants a vacation they look at you know last time we did a vacation

01:56:13.215 --> 01:56:19.394
- and You know, but I but I do think that this is I Think that it is a an exception. I'm a very clear

01:56:19.394 --> 01:56:23.966
- one and I'm also will be supporting and obviously I'm sponsoring it but I

01:56:24.066 --> 01:56:30.341
- I just just just to note that this is not a statement of my general views around alleys But I do think

01:56:30.341 --> 01:56:36.493
- that in this particular case and what we're trying to do in the trades district. It's Both necessary

01:56:36.493 --> 01:56:42.829
- and I mean maybe not necessary, but I have certainly I'm ideal Thank you very much. All right, and with

01:56:42.829 --> 01:56:48.982
- that councilmember Stossberg I agree with my two colleagues. I generally don't like alley vacations,

01:56:48.982 --> 01:56:53.246
- but when I look at these right now, they're both kind of dead end and

01:56:53.538 --> 01:57:01.176
- alleys and Dead-end alleys are also not particularly useful in terms of how we manage planning and things

01:57:01.176 --> 01:57:08.813
- like that so I At this point don't see any problems with it, but I do assume that this is going to second

01:57:08.813 --> 01:57:16.523
- reading. Is that correct? Okay. Well, I was just making sure that that was the assumption of other citizen

01:57:16.523 --> 01:57:20.990
- ordinance and I assume that it was going to second reading so

01:57:22.850 --> 01:57:29.853
- Councilmember Flaherty Sure I share some of the sentiments my colleagues of just as a general Starting

01:57:29.853 --> 01:57:36.924
- principle, you know preferring to to maintain any platted public right-of-way in the city the challenge

01:57:36.924 --> 01:57:43.587
- with these kind of decisions is that there are They're potentially a hundred year plus decisions.

01:57:43.587 --> 01:57:50.658
- I mean, that's the time scale of things. We're talking about whatever gets built at the trades district

01:57:50.658 --> 01:57:52.222
- Won't be there forever

01:57:52.322 --> 01:57:58.960
- When it's no longer there, conditions may have changed. We might wish we had alleys. It's just really

01:57:58.960 --> 01:58:05.598
- hard to see into the future. That said, I'm not a 100% never vacate alleys no matter what person, but

01:58:05.598 --> 01:58:12.496
- I do feel like to me there's a more compelling case when there's a clear vision of what is getting built.

01:58:12.496 --> 01:58:15.294
- It's like, okay, a convention center, say.

01:58:15.522 --> 01:58:22.606
- that's of a scale or size that you simply cannot do it, or maybe can't reasonably do it without vacating

01:58:22.606 --> 01:58:29.217
- some alley. The other concerns I have, I don't care that much, I mean, I like alley connectivity,

01:58:29.217 --> 01:58:36.166
- I prefer it, but that's not the only factor to me. I think they're really useful for a lot of reasons,

01:58:36.166 --> 01:58:43.115
- including utilities and trash, and also just controlling massing and scale of buildings. I think there

01:58:43.115 --> 01:58:44.734
- are very few exceptions

01:58:45.058 --> 01:58:51.054
- Of building types in a city our size that I think Need to be or must be bigger than a quarter block

01:58:51.054 --> 01:58:57.111
- I think I think the buildings called the Avenue now, you know much talked about for many reasons for

01:58:57.111 --> 01:59:03.647
- a long time I just don't think generally we need City block sized buildings again. There are some exceptions

01:59:03.647 --> 01:59:09.643
- to that a convention center might be one but in general I just don't find it very compelling to and

01:59:09.643 --> 01:59:11.742
- I think when you vacate alleys and

01:59:12.418 --> 01:59:17.983
- you lose the default. I was concerned about this with Hopewell, by the way, as well, when the administration

01:59:17.983 --> 01:59:23.140
- came in and vacated the prior plat, which had been created for the purpose of trying to help control

01:59:23.140 --> 01:59:27.888
- some of that building scale and massing. In a blank slate, what's going to tend to happen is

01:59:27.888 --> 01:59:32.994
- value engineering is going to lead towards the biggest building because the economy is a scale, and

01:59:32.994 --> 01:59:36.670
- that all comes at a cost. It comes at a tradeoff for how our urban form

01:59:37.026 --> 01:59:43.140
- looks, feels, whether it's human scale. That's not to say that if we vacate these out, these things

01:59:43.140 --> 01:59:49.376
- will go poorly here or anything like that. But to me, these are all a set of factors that are kind of

01:59:49.376 --> 01:59:55.489
- hard to overcome. So I'm not sure I will be supporting it. If we need to vote tonight, that's fine.

01:59:55.489 --> 02:00:01.664
- Or if we need to vote another time, that's fine too. I appreciate the petition and the arguments for

02:00:01.664 --> 02:00:06.494
- it. I just wanted to share my perspective on it. Thanks. All right, thank you.

02:00:06.850 --> 02:00:20.555
- Anybody else. OK. Do I have a motion. Yeah you can. Council member Stossberg I would move to send ordinance

02:00:20.555 --> 02:00:34.005
- 20 26 34 to a second reading at our next regularly scheduled meeting on November 18th. Second. All right.

02:00:34.005 --> 02:00:36.670
- Motion and a second.

02:00:36.930 --> 02:00:48.191
- Thanks. Do we vote on that? I can't remember all of a sudden. Thank you. All in favor say aye. Aye.

02:00:48.191 --> 02:00:59.676
- Aye. Anybody opposed? No. All right. That passes. One, two, three, four, five, six to one. All right.

02:00:59.676 --> 02:01:02.942
- I'm going to pass that back.

02:01:05.186 --> 02:01:12.603
- He said he was gonna say yes if anyways, hello everyone. Here we are. Thank you very much back to things

02:01:12.603 --> 02:01:20.020
- What you want to say? Oh council members that's where thank you I would like to make a motion to suspend

02:01:20.020 --> 02:01:27.084
- the rules in order to amend the gen the agenda to align the next three ordinances with the prepared

02:01:27.084 --> 02:01:30.686
- slideshow and Consider them in the following order

02:01:30.818 --> 02:01:43.105
- First ordinance 2026 37, which is currently item H next 2026 35, which is currently item F and then

02:01:43.105 --> 02:01:55.392
- ordinance 2026 36 item G so do HFG Oh The most recent agenda did that This is the problem of having

02:01:55.392 --> 02:01:57.726
- too many addendums

02:01:59.170 --> 02:02:06.842
- So they go 14, 18, and then fund. Perfect. Never mind then. Thank you. It's been done. Thank you.

02:02:06.842 --> 02:02:14.672
- Thank you. Thank you. So what you want to say? I move that ordinance 2026-37 be introduced and read

02:02:14.672 --> 02:02:22.657
- by the clerk by title and synopsis only. Second. Motion to second. Any discussion? All those in favor

02:02:22.657 --> 02:02:27.198
- say aye. Aye. Anyone opposed? Will the clerk please read?

02:02:31.714 --> 02:02:38.915
- Will you please give me a moment because I'm actually going to try and find that. Absolutely.

02:02:38.915 --> 02:02:46.805
- Thank you. That's funny. That's exactly what I was thinking. I've been practicing my stand up to. Okay

02:02:46.805 --> 02:02:54.618
- I'm ready now. Ordinance 20 26 dash 37 an amendment to chapter 14 point four zero point zero six zero

02:02:54.618 --> 02:03:00.670
- of Title 4 of the Bloomington Municipal Code regarding false emergency alarms.

02:03:00.802 --> 02:03:08.118
- The synopsis is as follows, this ordinance sponsored by council member Stasberg, amend section 1440

02:03:08.118 --> 02:03:15.580
- 060 A and B of title 14 of the Bloomington municipal code entitled peace and safety to allow specific

02:03:15.580 --> 02:03:23.261
- fire personnel to issue a notice of violation, refer all fine language to title 18 and add clarification

02:03:23.261 --> 02:03:27.358
- to cases of fire, fire false alarms. Sponsors Stasberg.

02:03:29.954 --> 02:03:37.041
- Thank you. I move to discuss ordinance twenty twenty six dash thirty seven Okay, all those in favor

02:03:37.041 --> 02:03:44.411
- of discussing Any opposed all right, let us discuss go ahead councilmember Stasberg I don't really have

02:03:44.411 --> 02:03:51.782
- much to say about this one either it's I've been very pleased to work with the fire department on these

02:03:51.782 --> 02:03:59.294
- three ordinances and They have a whole show prepared for us You know, yeah, take it away, sir. It doesn't

02:03:59.522 --> 02:04:04.598
- And don't feel that you have to, you've been here from the beginning. Don't feel like you need to make

02:04:04.598 --> 02:04:09.969
- the end longer, you know? Don't worry. My part will be very short. Roger Kerr, Chief of the Fire Department.

02:04:09.969 --> 02:04:14.995
- Just wanted to point out we've got, I know they've come in three separate ordinances, but really they

02:04:14.995 --> 02:04:19.973
- all work together on our side as one. So just want to point that out. And I just want to say this is

02:04:19.973 --> 02:04:24.950
- something that started probably as much as three years ago to get to where we're at tonight. So this

02:04:24.950 --> 02:04:28.350
- has been going on for some time to get to where we're at this point.

02:04:28.482 --> 02:04:39.006
- Not something that just happened in a short order, but I'll turn it over to a deputy chief lit one and

02:04:39.006 --> 02:04:49.531
- fire marshal You Meyer for the experts on this and why we're here. So I'll leave it to them. Thank you

02:04:49.531 --> 02:04:56.990
- Fire marshal Jeff you Meyer City of Bloomington Fire Department Proposal

02:04:59.042 --> 02:05:06.824
- to amend title 14 and Repel and reenact title 18 and establish the fire fund as chief said that these

02:05:06.824 --> 02:05:14.605
- kind of all work together Together, but we're going to do them as separate. So the amendment to title

02:05:14.605 --> 02:05:22.234
- 14 Currently this would allow just as stated the fire department to issue and collect fines without

02:05:22.234 --> 02:05:27.422
- having to call a police officer currently title 14 the only way for

02:05:27.650 --> 02:05:36.622
- Is citation to be issued is by the police department so for false for any type of false alarm whether

02:05:36.622 --> 02:05:45.770
- it be a Police false alarm or a fire first alarm. So amendments to this would allow the fire department

02:05:45.770 --> 02:05:54.654
- to issue those citations for false alarms for the fire department Or we have a I'm sorry There we go

02:06:02.114 --> 02:06:10.667
- Here we're caught up. I apologize. I just started talking. So there's no changes to these sections of

02:06:10.667 --> 02:06:19.556
- title 14 The changes are as follows so section a would allow or adding the fire chief and their designees

02:06:19.556 --> 02:06:28.277
- to that section and then section B, we're basically updating the fine schedule for police to coordinate

02:06:28.277 --> 02:06:30.206
- and match what will be

02:06:30.338 --> 02:06:39.203
- It set forth in title 18 which will discuss that fee schedule during that presentation Any questions

02:06:39.203 --> 02:06:47.981
- about title 14 Any questions, yeah, by the way, yeah, okay any questions All right, I'm seeing none

02:06:47.981 --> 02:06:57.022
- we'll now move to public comment would anybody like to comment on the riveting changes to title 14 and

02:07:00.610 --> 02:07:08.178
- Seeing none anyone online I'm shocked and amazed. We'll come back to counsel and he any comments I'll

02:07:08.178 --> 02:07:15.671
- just say for this one specifically I think that it's really valuable to allow our fire department to

02:07:15.671 --> 02:07:23.090
- issue the citations for the violations that they're sort of in charge of determining whether or not

02:07:23.090 --> 02:07:26.206
- their violations and I that feels like an

02:07:26.786 --> 02:07:33.268
- a lapse in code that's been, I'm not sure how many years in the making, but they're the ones that are

02:07:33.268 --> 02:07:39.813
- gonna know whether or not a violation took place, and so they're the ones that should be able to write

02:07:39.813 --> 02:07:46.168
- a ticket. Thank you so much. I'll say that I would be very happy to vote for this now. If anybody's

02:07:46.168 --> 02:07:53.031
- against it, I would love to know. Second. Well, I'm not motioning it, but just saying. That was my comment.

02:07:53.031 --> 02:07:54.302
- Any other comments?

02:07:55.970 --> 02:08:05.520
- So I prefer to vote for it. You want to do a motion then you can. No we did public comment then we came

02:08:05.520 --> 02:08:15.070
- back. Yeah. So you want to do because we're all. Well I'll make the motion to adopt ordinance 20 26 37.

02:08:20.034 --> 02:08:29.094
- I think we have to yeah, we have there's some intermediary step does anybody remember what it is like

02:08:29.094 --> 02:08:38.244
- move to consider Move to consider this first second reading tonight boy. Where's where's that CCP memo

02:08:38.244 --> 02:08:46.238
- when we need it Because we have to have unanimous consent in order to consider it tonight

02:08:47.394 --> 02:08:53.468
- So maybe maybe that needs to be the motion like move move to consider it tonight because then there

02:08:53.468 --> 02:08:59.664
- has to be two votes There has to be a move to consider it tonight, which has to be unanimous and then

02:08:59.664 --> 02:09:05.860
- there has to be a move for adoption Which I think needs a two-thirds majority to pass motion and I'll

02:09:05.860 --> 02:09:08.958
- make a motion for us to consider ordinance 2026 37

02:09:11.618 --> 02:09:27.554
- Second, okay. This has to pass unanimously and will the clerk please call the roll Councilmember Stossberg.

02:09:27.554 --> 02:09:39.358
- Yes Piedmont Smith Yes, sorry. Yes, daily. Yes, Rallo. Yes rough and flirty and

02:09:40.546 --> 02:09:49.251
- Thank you very much that we can now consider it if you'd like Would you like to make another motion

02:09:49.251 --> 02:09:58.130
- I move that we we adopt ordinance 2026 37 Motion in a second all those in favor I'm sorry. I actually

02:09:58.130 --> 02:10:05.790
- meant to say any discussion seeing none clerk. Will you please call the roll? Thank you

02:10:09.378 --> 02:10:17.378
- Councilmember Piedmont-Smith? Yes. Asari? Yes. Daly? Yes. Rallo? Yes. Ruff? Yes. Flaherty? Yes.

02:10:17.378 --> 02:10:25.961
- And Stossberg? Yes. Congratulations. That passes. You'll never have to talk about it again. Fantastic.

02:10:25.961 --> 02:10:34.711
- You may sit while we do this all over again for the next ones. Though I might say, just as a suggestion,

02:10:34.711 --> 02:10:39.294
- we could put them together. We can't? Fine. OK, go on.

02:10:39.490 --> 02:10:48.740
- I move that ordinance twenty twenty six dash thirty five be introduced and read by the clerk by title

02:10:48.740 --> 02:10:57.809
- and synopsis only motion a second any discussion. All those in favor say aye. Any opposed. Will the

02:10:57.809 --> 02:11:06.968
- clerk please read. Yes. And again that was ordinance twenty twenty six thirty five thirty six thirty

02:11:06.968 --> 02:11:08.510
- five. Ordinance.

02:11:08.674 --> 02:11:14.996
- 2026 35 to repeal and reenact title 18 of the Bloomington municipal code entitled fire prevention. The

02:11:14.996 --> 02:11:21.195
- synopsis is as follows. This ordinance repeals and reenacts the city's outdated 1997 fire prevention

02:11:21.195 --> 02:11:27.701
- code to align with Indiana state standards. It outlines the fire chief's authority to manage fire scenes,

02:11:27.701 --> 02:11:34.023
- conduct investigations, perform life safety inspections, order evacuations and review safety plans for

02:11:34.023 --> 02:11:36.478
- new and remodeled class one structures.

02:11:36.578 --> 02:11:42.710
- The updated regulations establish stricter controls for open burning, consumer fireworks, vacant buildings,

02:11:42.710 --> 02:11:48.445
- tents, crowd managers, and fire watch personnel. To improve emergency response and scene access, the

02:11:48.445 --> 02:11:54.464
- ordinance standardizes street addressing, fire lanes, key boxes, water supply requirements, and emergency

02:11:54.464 --> 02:12:00.426
- electrical disconnects. Furthermore, it mandates smoke detectors in all city dwelling units and requires

02:12:00.426 --> 02:12:06.558
- regular maintenance and testing for fire hydrants, extinguishers, and mandatory emergency lighting systems.

02:12:06.754 --> 02:12:15.302
- Finally, the code introduces inspection fees and sets specific violation fines, aligning enforcement

02:12:15.302 --> 02:12:23.765
- with Bloomington Municipal Code 1.01.130 to allow penalties of up to $2,500 per occurrence. Council

02:12:23.765 --> 02:12:32.821
- sponsor is Stossberg. Thank you so much. I move to discuss Ordinance 2026-35. Second. Motion and a second.

02:12:32.821 --> 02:12:35.614
- All those in favor say aye. Aye.

02:12:35.778 --> 02:12:45.043
- All right back to you sir Fire marshal city of Bloomington. The reason for the changes to we're repealing

02:12:45.043 --> 02:12:54.220
- and reenacting title 18 as stated title 18 hasn't been updated since 1997 it's all nearly 30 years since

02:12:54.220 --> 02:13:03.397
- then the state of Indiana which is really behind on the codes anyways has updated their codes four times

02:13:03.397 --> 02:13:04.446
- since then.

02:13:04.546 --> 02:13:14.806
- This will improve our consistency with Indiana law and your clear give us clear guidance for property

02:13:14.806 --> 02:13:25.469
- owners developers contractors and the public The proposed ordinance will update reference current Indiana

02:13:25.469 --> 02:13:31.102
- adopted codes currently, Indiana is using the 2014 code

02:13:31.458 --> 02:13:39.774
- It'll also clarify the authority of the fire chief and their designees Currently that would be myself

02:13:39.774 --> 02:13:48.254
- fire marshal and two deputy fire marshals Just establish clear enforcement procedures including notices

02:13:48.254 --> 02:13:56.571
- violations emergency orders and the appeals process More changes improved fire department access road

02:13:56.571 --> 02:14:00.158
- and fire protection system requirements and

02:14:00.546 --> 02:14:10.652
- Improve overall life safety requirements for new developments and redevelopments To establish a better

02:14:10.652 --> 02:14:20.759
- fee and fine schedule Would remote public safety And deter building owners from ignoring critical fire

02:14:20.759 --> 02:14:29.982
- and other code violations also with the fee schedule we could recover cost from responding to

02:14:30.082 --> 02:14:39.979
- repeated false fire alarms Part of the fee schedule is that is here establishing fees I can encourage

02:14:39.979 --> 02:14:50.070
- business owners and contractors to correct violations sooner than later and also Would do we would have

02:14:50.070 --> 02:14:59.870
- less re-inspections if we're charging re-inspection fees as you can see on the fee schedule a little

02:15:00.162 --> 02:15:07.270
- Off up there, but as you can feel the fee schedule no fees would be charged for the first inspection

02:15:07.270 --> 02:15:14.659
- the first Reinspection it would be the third inspection or the second reinspection before any fees would

02:15:14.659 --> 02:15:21.767
- be established And also the sections in there with the new construction So the first acceptance test

02:15:21.767 --> 02:15:27.678
- would be at no charge and if they failed an acceptance test, it would be a $250 fee

02:15:31.522 --> 02:15:38.935
- So the fines will be a deterrent for business owners who just ignore the violations and do not correct

02:15:38.935 --> 02:15:46.276
- them will help honestly to never have to find anyone. That's our goal. Our goal is to intervention is

02:15:46.276 --> 02:15:53.976
- to educate people and get them to understand why the things need fixed or why it's a violation and educate

02:15:53.976 --> 02:15:59.806
- them and help them understand rather than to find we never anticipate this to be

02:15:59.906 --> 02:16:08.821
- a revenue source but we do have with these we do have the option for those that do not correct things

02:16:08.821 --> 02:16:17.648
- in a timely manner. We have used the up to twenty five hundred dollars limit just for a way to break

02:16:17.648 --> 02:16:27.262
- down the difference for something minor a minor violation first something a critical life safety violation or

02:16:27.554 --> 02:16:35.826
- a first-time violation of something small verse a repeat over and over violation of the same violation

02:16:35.826 --> 02:16:44.500
- at the same location Excuse me an example of that would be Exit doors change shut for an event or something

02:16:44.500 --> 02:16:53.334
- like that versus just a simple exit light out if we set a standard fee then those two would could potentially

02:16:53.334 --> 02:16:55.422
- have the same foot fee so

02:16:55.554 --> 02:17:04.282
- We just that's why we went with the up to twenty five hundred dollars a day to give flexibility the

02:17:04.282 --> 02:17:13.010
- occupancy in excess of certification. Just to clarify that that would be a business or say a bar or

02:17:13.010 --> 02:17:21.912
- an event that is over occupied not anything residential not a residential occupancy. Any questions to

02:17:21.912 --> 02:17:24.094
- title 18. Any questions.

02:17:25.346 --> 02:17:34.444
- Open burning violation with the deep. What does that really constitute? I Mean I the open burning the

02:17:34.444 --> 02:17:43.452
- open burning violation. I noticed it now the fine could go up to $2,500 and you know, I occasionally

02:17:43.452 --> 02:17:52.818
- see around town somebody Doing some open burning. It's a house. So yeah, so we we have not fined I think

02:17:52.818 --> 02:17:54.334
- there's been one

02:17:54.850 --> 02:18:00.911
- Fine since I've been here in the last five years for that again, it's the up to is depending on the

02:18:00.911 --> 02:18:07.215
- response so say a person Would apply for an open burn permit and it's they want to burn a pile of brush

02:18:07.215 --> 02:18:13.276
- a large pile of brush They want to clear out a section and we deny that we deny that permit because

02:18:13.276 --> 02:18:19.459
- we don't think that it's you know It's dry season or whatever for whatever reason we deny it and then

02:18:19.459 --> 02:18:24.126
- the person would go to burn it anyways and it would spread to someone else's

02:18:24.418 --> 02:18:31.734
- Property and we've got more resources. We think that we don't want to limit ourself on the amount of

02:18:31.734 --> 02:18:38.977
- the fine and that the 2500 is in accordance to the blooming municipal code, so we just want to have

02:18:38.977 --> 02:18:46.438
- options for We're not trying to To go up to the 2500 and we're going to set some parameters. I believe

02:18:46.438 --> 02:18:51.870
- on kind of a recommendation of what you know first time versus multiple or

02:18:52.162 --> 02:19:00.037
- And the amount of response that we would have to respond to in that Yeah, and then real quick the tampering

02:19:00.037 --> 02:19:07.620
- some of the things that at least on the surface sound like they'd be super dangerous messing with exits

02:19:07.620 --> 02:19:15.130
- tampering with alarm systems Would those those seem really dramatic to me in terms of seriousness, but

02:19:15.130 --> 02:19:21.182
- yet the max fine didn't seem Commensurate with what it feels like those things are

02:19:21.474 --> 02:19:31.029
- So the $2,500 is up to it's up to $2,500. That's the most that we can And according to the Bloomington

02:19:31.029 --> 02:19:39.934
- Municipal Code, okay. Okay. Thank you Thank you very much any other questions customer Stasberg

02:19:41.890 --> 02:19:47.798
- I actually do have a question, especially because I suspect somebody might move to consider this tonight.

02:19:47.798 --> 02:19:53.483
- And the title 18 changes are immense. I spent a lot of time reading through these. And I'm still kind

02:19:53.483 --> 02:19:59.168
- of looking at it going, am I sure that there's no typos in there? Because there's probably something.

02:19:59.168 --> 02:20:01.342
- But one of the things that got deleted

02:20:02.050 --> 02:20:09.372
- that I don't think got re-put in anywhere else that I had meant to ask you guys about, and then it just

02:20:09.372 --> 02:20:16.413
- kind of slipped my mind, was it no longer has obstruction or hindrance of hydrants and other things

02:20:16.413 --> 02:20:23.735
- like that in here. Is that because it's somewhere in state law already, and so it would be duplicative?

02:20:23.735 --> 02:20:31.550
- And I just wanted to kind of bring that up to kind of, is that the reason? And is it clear somewhere else that

02:20:31.778 --> 02:20:39.395
- That would obviously be a violation So yeah, that's already addressed in the fire code violation. There

02:20:39.395 --> 02:20:46.793
- has to be a three-foot clearance around any fire Device is whether it be an FTC whether it be a fire

02:20:46.793 --> 02:20:54.337
- hydrant or anything else. I'm not really sure I Did it where it got deleted or how we got through that

02:20:54.337 --> 02:20:58.878
- but it's already addressed in the state fire code Okay, if it

02:20:59.138 --> 02:21:05.658
- Was not in here. It's not gonna be detrimental to us. We can still enforce the state fire I don't think

02:21:05.658 --> 02:21:12.116
- that it is anyway, but that's one of the things I was like, okay that got X'd out Did it get rewritten

02:21:12.116 --> 02:21:18.574
- somewhere else because some of the other stuff that got I thought did get rewritten somewhere else and

02:21:18.574 --> 02:21:25.470
- I wasn't sure about that one and then I also wanted to I'm trying to figure out how to make this a question I

02:21:26.338 --> 02:21:33.978
- To address the up to and kind of the concerns that councilmember rough was just having because I had

02:21:33.978 --> 02:21:41.618
- those same concerns and I was like up to like like talk about that a little bit and so I posited the

02:21:41.618 --> 02:21:49.484
- idea of essentially having Some kind of Guide that is written that is semi-formal within the department

02:21:49.484 --> 02:21:50.846
- that helps define

02:21:51.106 --> 02:21:57.069
- What the up to should be in terms of what you were talking about with how like bad how you know, etc

02:21:57.069 --> 02:22:02.973
- So that then nobody can accuse the department of being discriminatory in any way and going well I'm

02:22:02.973 --> 02:22:09.349
- gonna you know find these people 2,500 and these people $50 and So that there can be some fairness attached

02:22:09.349 --> 02:22:15.371
- to it So is that something that you guys have had time to talk about in terms of how to actually like

02:22:15.371 --> 02:22:20.094
- implement that kind of like rubric? system for defining how to assess the up to

02:22:20.482 --> 02:22:28.563
- It's not completely yes, but yes, we've talked about that and and forming a Something kind of a guideline

02:22:28.563 --> 02:22:36.874
- if you will on what to assess fines on Again, this is the seriousness or versus, you know, if it's multiple,

02:22:36.874 --> 02:22:44.497
- you know If it's happening multiple times or just one time, you know a person's first offense first

02:22:44.497 --> 02:22:49.758
- someone that's you know Did it multiple other times? So Okay. Thanks

02:22:50.946 --> 02:22:59.624
- Thank you so much. Other questions? Seeing none, we'll now go to public comment. Would anybody like

02:22:59.624 --> 02:23:07.607
- to comment on Title 18? Ooh. Go for it. State your name for the record and so on, Mr. West.

02:23:07.607 --> 02:23:16.459
- I'm Wes Martin. I'm the president of the 586 Political Action Committee. We're the advocacy group for

02:23:16.459 --> 02:23:20.190
- the local firefighters union. We recommend

02:23:20.290 --> 02:23:27.421
- That this does pass and wanted to thank our new fire marshal as well as councilmember Stasberg for all

02:23:27.421 --> 02:23:34.414
- of their work in bringing the code up to date as you've heard It's been behind for quite a while and

02:23:34.414 --> 02:23:41.337
- we believe that these updates will provide significant improvements not just in the quality of life

02:23:41.337 --> 02:23:48.261
- and the work that we do as firefighters but also will improve the safety and outcomes for residents

02:23:48.261 --> 02:23:49.438
- in our community

02:23:49.826 --> 02:23:57.914
- So just wanted to pass along the recommendation that our brothers and sisters support this legislation

02:23:57.914 --> 02:24:06.395
- wholeheartedly and Are again very grateful to both council and our fire marshal for bringing these forward.

02:24:06.395 --> 02:24:14.404
- Thank you Anybody online Is there anybody else in chambers all right, we'll come back to council then

02:24:14.404 --> 02:24:16.446
- any comments or motions I

02:24:20.194 --> 02:24:35.422
- I don't think that there are any serious typos. I just like to read through things. I was

02:24:35.906 --> 02:24:41.333
- There were significant like little edits and comments that I made and the word document became a little

02:24:41.333 --> 02:24:46.813
- bit Challenging you could say and so I was like, okay, I'm gonna read through it one more time But there

02:24:46.813 --> 02:24:52.136
- were so many pieces of legislation tonight I didn't get to it and I figured he'd go to second reading

02:24:52.136 --> 02:24:57.354
- but I don't think that there's any serious I just did a little swift look through to make sure that

02:24:57.354 --> 02:24:58.398
- like everything was

02:24:59.650 --> 02:25:05.388
- like aligned correctly in terms of the A's and the ones and the capital A's and all of that kind of

02:25:05.388 --> 02:25:11.242
- stuff, because it was mostly that kind of formatting that I was like, I want to make sure that that's

02:25:11.242 --> 02:25:16.980
- all right, because some of that was stuff that changed and the numbering, but I think that it looks

02:25:16.980 --> 02:25:22.719
- fine, and I think that content-wise, it's, yeah. Excellent. Is there anybody else? I'm welcoming if

02:25:22.719 --> 02:25:27.998
- you'd like to move for us to discuss it today, but I mean, obviously, that's up to you all.

02:25:29.218 --> 02:25:41.677
- consent to consider Motion and second any discussion. All right, will the clerk please call the roll

02:25:41.677 --> 02:25:50.558
- And my apologies I didn't catch who made the second councilmember Rallo

02:25:57.922 --> 02:26:05.386
- Councilmember Asari. Yes. Daily. Yes. Rollo. Yes. Ruff. Yes. Clarity. Yes. Stossberg. Yes.

02:26:05.386 --> 02:26:14.163
- Piedmont Smith. Wonderful. We may now vote on it if you'd like to adopt it. Yes. I move to adopt ordinance

02:26:14.163 --> 02:26:22.365
- twenty twenty six dash thirty five motion and a second by Councilmember Rallo. Any discussion. Will

02:26:22.365 --> 02:26:24.990
- the clerk please call the roll.

02:26:28.002 --> 02:26:37.258
- Yes. Rallo. Yes. Ruff. Yes. Flaherty. Yes. Stossberg. Yes. Piedmont Smith. Yes. Sorry. Yes. Thank you.

02:26:37.258 --> 02:26:46.333
- Fantastic. That carries. We did it. That's wonderful. OK. Are there any other motions. Twenty twenty

02:26:46.333 --> 02:26:55.769
- six dash thirty six be introduced and read by the clerk by title and synopsis only motion in the second.

02:26:55.769 --> 02:26:57.566
- All those in favor.

02:26:57.730 --> 02:27:05.680
- Aye. Any opposed. All right. Well the clerk please read. OK. So ordinance twenty twenty six dash thirty

02:27:05.680 --> 02:27:14.011
- six to establish a dedicated fire department fund. The synopsis is as follows this ordinance. This ordinance

02:27:14.011 --> 02:27:21.808
- sponsored by council member Stasberg establishes the fund to support events and programs that advance

02:27:21.808 --> 02:27:27.006
- the community educational goals of the Bloomington Fire Department.

02:27:30.050 --> 02:27:38.917
- I move to discuss ordinance twenty twenty six dash thirty six. Thank you very much. Motion and a second.

02:27:38.917 --> 02:27:47.615
- All those in favor say aye. Aye. Any opposed. All right. Good evening. Good evening. Max Litwin deputy

02:27:47.615 --> 02:27:56.567
- fire chief city Bloomington. So along with the repeal and reenactment of title 18 comes the establishment

02:27:56.567 --> 02:27:57.918
- of a fire fund.

02:27:58.754 --> 02:28:04.544
- Historically we haven't been able to collect monies as a result of fines and fees and now that we can

02:28:04.544 --> 02:28:10.618
- we would like an appropriate place for it to go from an estate accounting standpoint. We have new software

02:28:10.618 --> 02:28:16.295
- that allows for seamless invoicing collection and tracking for the fees. We intend for the funds to

02:28:16.295 --> 02:28:22.199
- go towards purposes that would benefit the community which I'll expand upon momentarily and there would

02:28:22.199 --> 02:28:27.932
- be no impact to the general fund or any other funds in that this would be a new source of funds that

02:28:27.932 --> 02:28:28.670
- didn't exist

02:28:28.834 --> 02:28:35.030
- before. Ultimately we hope that we don't have to collect fees and that every situation we encounter

02:28:35.030 --> 02:28:41.411
- is already safe. However if we do encounter something that requires mitigation through a fine or a fee

02:28:41.411 --> 02:28:47.793
- what better purpose than to direct that towards something that would make the community even safer via

02:28:47.793 --> 02:28:53.988
- causes like community outreach public education and fire prevention. Some examples of some of those

02:28:53.988 --> 02:28:57.086
- efforts could consist of smoke detectors installs

02:28:58.178 --> 02:29:04.695
- fire extinguisher training youth education things along those lines. In reality it's unlikely that we're

02:29:04.695 --> 02:29:10.963
- going to incur a substantial amount of money into this fund through fines and fees but we would like

02:29:10.963 --> 02:29:17.542
- the means to spend it on something that would benefit the community regardless via subsidizing supporting

02:29:17.542 --> 02:29:23.935
- or expanding the efforts that I just mentioned. The language for establishing the fire fund would live

02:29:23.935 --> 02:29:24.990
- within title 18.

02:29:27.682 --> 02:29:37.250
- And during our annual budget presentation we would offer counsel an explanation of what the funds are

02:29:37.250 --> 02:29:47.381
- intended to be spent towards. And with that any questions. Thank you so very much. Are there any questions.

02:29:47.381 --> 02:29:56.574
- Council member Smith. Yes. In the memo that came from and a Dean of Casamani and it said that the

02:29:57.410 --> 02:30:05.595
- The structure of the fund creates a separate audited treasury account developed from revenue gained

02:30:05.595 --> 02:30:14.271
- through programs, training, and fees, resulting from Bloomington Municipal Code 18 and 14. So in addition

02:30:14.271 --> 02:30:23.029
- to fees, which I now understand, we just adopted some fees, revenue gained through programs and trainings,

02:30:23.029 --> 02:30:25.566
- could you speak to that? Yeah.

02:30:25.986 --> 02:30:32.768
- No I believe the intent is simply from the revenue generated from these fines and fees from title 18

02:30:32.768 --> 02:30:39.550
- schedule thus living within title 18. I think we expanded on the potential uses to not restrict what

02:30:39.550 --> 02:30:46.332
- we could do to benefit the community of which we use terminology like training and things like that.

02:30:46.332 --> 02:30:53.181
- But to my understanding the language is strictly reserved to funding that would come in from a result

02:30:53.181 --> 02:30:55.934
- of title 18 fee schedule. OK. Thank you.

02:31:01.058 --> 02:31:08.012
- Okay, seeing none, we'll now go to public comment. Would anyone like to make public comment?

02:31:08.012 --> 02:31:15.639
- Anyone online? Anyone in chambers? Back to us. Any final comments? I would similarly be happy to vote

02:31:15.639 --> 02:31:23.116
- for this. Councilmember Stosberg. I'll just make a final comment again and thank the department for

02:31:23.116 --> 02:31:28.126
- their hard work on this and being a pleasure to work with. Thanks.

02:31:30.946 --> 02:31:39.144
- Generally, I guess we'll get another chance. You've been here all night, but just thank you for your

02:31:39.144 --> 02:31:47.505
- service to the city and I know we have the one of the best fire departments around and It's incredible

02:31:47.505 --> 02:31:55.785
- to see your leadership dedication to everything that we do. So, thank you All right motions It's 2026

02:31:55.785 --> 02:32:00.574
- dash 36 Any discussion Will the clerk please call the roll

02:32:09.218 --> 02:32:24.138
- Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Wonderful. I move to adopt ordinance twenty twenty

02:32:24.138 --> 02:32:38.910
- six dash thirty six. Any discussion. Will the clerk please call the roll. Council member Ruff. Yes.

02:32:39.426 --> 02:32:48.393
- Yes Stossburg. Yes Piedmont Smith. Yes. Sorry. Yes. Daily. Yes. Rallo. Thank you. Thank you very much.

02:32:48.393 --> 02:32:56.750
- That passes. Hey you guys may not have to come back next week. Thank you. Thank you. Thank you.

02:32:56.750 --> 02:33:05.891
- Thank you. All right. We're now moving on to items of second readings. Guys we're making swift movements

02:33:05.891 --> 02:33:07.806
- today. This is great.

02:33:09.954 --> 02:33:22.836
- Is everybody feeling all right? Do you need a break, a stretch, time? No? OK. You do? Would you like

02:33:22.836 --> 02:33:35.972
- to? No? OK. Yes, I know. Thank you. I was giving Clerk Bolden a moment to feel your disappointment for

02:33:35.972 --> 02:33:37.758
- a moment. OK.

02:33:38.146 --> 02:33:47.403
- However I do move that ordinance twenty twenty six dash twenty three be introduced and read by the clerk

02:33:47.403 --> 02:33:57.013
- by title and synopsis only second. All those in favor say aye. Aye. Any opposed. Clerk please read ordinance

02:33:57.013 --> 02:34:01.598
- twenty twenty six dash twenty three UDO amendments.

02:34:02.018 --> 02:34:09.503
- related to limited compliance and change in use standards. The synopsis is as follows. This ordinance

02:34:09.503 --> 02:34:17.501
- contains amendments to the Unified Development Ordinance to amend the language related to limited compliance

02:34:17.501 --> 02:34:25.206
- and change in use standards. Council Stossberg or council member Stossberg sponsored. Thank you so much.

02:34:25.206 --> 02:34:29.022
- Thank you. I move to adopt ordinance 20 26 dash 23.

02:34:29.602 --> 02:34:36.316
- All right. We have heard this already, but Mr. Grulick, any words you'd like to add? I can't remember

02:34:36.316 --> 02:34:43.095
- if there's questions that we left you with, or I don't seem to recall it. I don't really have anything

02:34:43.095 --> 02:34:49.677
- more to present than was heard last time. I don't remember us having any particular questions. So I

02:34:49.677 --> 02:34:53.758
- understand that there might be an amendment. Is this correct?

02:34:57.794 --> 02:35:07.573
- If you have one sir, go ahead I Considered an amendment and worked a little bit with staff on it with

02:35:07.573 --> 02:35:17.352
- both attorney Rossman and attorney Allen both with input and particularly attorney Rossman decided or

02:35:17.352 --> 02:35:25.214
- advised that because it was done on very short notice I I didn't come up with the

02:35:26.018 --> 02:35:34.354
- Plan and the idea approach to do it until very late 11th hour unfortunately, but And my concerns I'll

02:35:34.354 --> 02:35:42.527
- just bring up when we do general comments about When we do our general comments, I'll I'll say what

02:35:42.527 --> 02:35:50.863
- I was thinking what I was doing I would just say like for all of us. I mean, I don't know how you all

02:35:50.863 --> 02:35:55.358
- feel but I just you know, it's like like our job is to

02:35:55.714 --> 02:36:03.069
- you know, write and change and adapt laws, right? And so I would hate for any one of you at any time

02:36:03.069 --> 02:36:10.498
- to not be able to introduce something that you want to introduce, you know, or to hinder your ability

02:36:10.498 --> 02:36:17.926
- to do your job. And so just saying that if that means that we need to recess to do it, or I'd be open

02:36:17.926 --> 02:36:20.766
- to supporting whatever you need to do.

02:36:21.218 --> 02:36:26.936
- Whether I agree with what you want to introduce or not, right? I just I do think that your ability to

02:36:26.936 --> 02:36:32.766
- do it matters. So Well, if we could take five minutes I'd I'd use it you think you think you could have

02:36:32.766 --> 02:36:38.652
- it if we well, I think I would be able to make a Just I should I feel better about like you just pointed

02:36:38.652 --> 02:36:44.538
- out you'd hate to see yeah. Yeah any of us feel like well We didn't take advantage of something we could

02:36:44.538 --> 02:36:48.798
- have and then when it's our job to try and make things better as we see and

02:36:48.994 --> 02:36:57.182
- Representing the interests of the community, right? So exactly just a few minutes might okay. So unless

02:36:57.182 --> 02:37:05.133
- there's an objection I'd like to take a five five Can I do so it's um? 907 so how about we come back

02:37:05.133 --> 02:37:13.321
- at 15 past is that okay seven minute break. Let me write. Okay, we were recessed until 915 I Would like

02:37:13.321 --> 02:37:14.974
- to call you all back

02:37:17.666 --> 02:37:25.276
- the magnets that be draw you back and Well, you're all still in the room. So I think that counts as

02:37:25.276 --> 02:37:33.114
- quorum. Yeah, there's nothing about this is or something. Okay All right, everyone Councilmember ruff.

02:37:33.114 --> 02:37:39.582
- Are you satisfied with the time that you had? Thank you for helping me get that done

02:37:39.746 --> 02:37:48.346
- Thank you for your service to the city of Bloomington and his residence Let us what were we at though.

02:37:48.346 --> 02:37:57.280
- He said is did we do public comment? We haven't done public comment. Does anybody else have any questions?

02:37:57.280 --> 02:38:05.880
- Okay, good. We'll go to a time of public comment For item ordinance 20 26 23 does anybody would anyone

02:38:05.880 --> 02:38:09.470
- like to comment on 20 26 23? Anyone online

02:38:12.770 --> 02:38:23.805
- No one online. I mean, a confirmation is helpful. Hey, no one online. I mean, they're not going to tell

02:38:23.805 --> 02:38:34.627
- me. I've waited for you to tell me. Thank you. All right, we'll come back to public to ourselves now.

02:38:34.627 --> 02:38:41.630
- Any final comments before we take up a vote? Council Member Ruff?

02:38:46.082 --> 02:38:54.839
- I just had some initial concerns about we've been the council and the city administration. We've been

02:38:54.839 --> 02:39:04.024
- moving very quickly with changes to the DDO designed to increase density in various ways that particularly

02:39:04.024 --> 02:39:12.094
- impact certain neighborhoods. And my concern was that we were looking at things individually.

02:39:12.450 --> 02:39:24.506
- And not maybe considering holistically that this These changes could encourage Further Investment decisions

02:39:24.506 --> 02:39:35.668
- that were really based purely on deriving maximal returns on residential use investment rather than

02:39:35.668 --> 02:39:42.366
- Design to or actually producing an outcome of affordability

02:39:42.850 --> 02:39:54.087
- accessibility For residents for residential uses and Inadvertently like where our tent our purpose would

02:39:54.087 --> 02:40:04.895
- be to increase affordability and efficiency of the use of space but in reality was this another step

02:40:04.895 --> 02:40:11.102
- in Promoting inadvertently, I believe but still promoting

02:40:12.194 --> 02:40:19.868
- conversions of uses away from achieving affordable outcomes and so but you know after discussing this

02:40:19.868 --> 02:40:27.618
- with the staff and and Our legal our staff and city planning staff I'm okay now with with whoever with

02:40:27.618 --> 02:40:35.594
- where we are and I'm not going to introduce the amendments But thanks again for giving me the opportunity

02:40:35.594 --> 02:40:41.086
- to explain Thank you so much councilmember other councilmembers comments

02:40:41.826 --> 02:40:53.490
- Councillor Pima Smith. I thought the two public commenters last time made a compelling case that it's

02:40:53.490 --> 02:41:05.039
- very burdensome on small business owners to come into full compliance just with a change of use of a

02:41:05.039 --> 02:41:06.526
- property and

02:41:06.658 --> 02:41:13.517
- And we do want to enable and encourage small business owners. And I've heard this from nonprofits as

02:41:13.517 --> 02:41:20.443
- well, when they've taken over a property and the use has now changed to a nonprofit. And they have to

02:41:20.443 --> 02:41:27.302
- build a whole new sidewalk. And they don't have the funds to do it. So I think this is a move in the

02:41:27.302 --> 02:41:34.161
- right direction. And I'll be supporting it. Thank you. Any other comments? OK. Seeing none, will the

02:41:34.161 --> 02:41:36.062
- clerk please call the roll.

02:41:44.194 --> 02:41:55.258
- It Councilmember Flaherty Stasberg. Yes, Piedmont Smith. Yes. Sorry. Yes Daily. Yes, Rallo. Yes, Ruff.

02:41:55.258 --> 02:42:06.214
- Yes. Thank you. That passes unanimously. Thank you, clerk Thank you very much All right. Well move on

02:42:06.214 --> 02:42:11.262
- along I move that ordinance 2026-29 be adopted

02:42:11.490 --> 02:42:19.007
- Introduced and read by the clerk by title and synopsis only There's a motion in the second all those

02:42:19.007 --> 02:42:26.748
- in favor say aye Any opposed will the clerk please read Ordinance 2026 dash 29 amending the Bloomington

02:42:26.748 --> 02:42:34.414
- municipal code to prohibit the development deployment or delivery of superintelligence within the city

02:42:34.414 --> 02:42:39.326
- of Bloomington, Indiana the synopsis is as follows ordinance 2026

02:42:42.178 --> 02:42:47.647
- Ordinance 2026-29 prohibits the distribution and deployment of superintelligent artificial

02:42:47.647 --> 02:42:54.079
- general intelligence within the city of Bloomington. The common council explicitly recognizes that uniform

02:42:54.079 --> 02:43:00.329
- state level regulation of superintelligence systems is optimal for long-term governance. This ordinance

02:43:00.329 --> 02:43:06.761
- adds a new chapter to the Bloomington municipal code, which is enacted as an interim public safety measure

02:43:06.761 --> 02:43:09.886
- to protect the city of Bloomington only during this

02:43:10.242 --> 02:43:17.562
- during the period of state and federal legislative inaction and omission. Council sponsor is Rallo.

02:43:17.562 --> 02:43:25.029
- I move to adopt ordinance twenty twenty six dash twenty nine. Second. All right. Council member Rallo

02:43:25.029 --> 02:43:32.861
- take us away. Thank you says ordinance twenty twenty six dash twenty nine. Before I begin the presentation

02:43:32.861 --> 02:43:39.230
- there are several amendments to this ordinance to consider since they're mostly minor.

02:43:39.842 --> 02:43:50.381
- These are for clarification perfect purposes May I introduce those amendments before beginning? Oh I

02:43:50.381 --> 02:44:00.919
- do I have a minutes. Yes, okay for them then I move adoption of Amendment number 1a for 20 26-29. Is

02:44:00.919 --> 02:44:05.406
- there a second? Second go for it Thank you

02:44:05.570 --> 02:44:13.594
- So this amendment clarifies the meaning of superintelligence domain artificial superintelligence ASI

02:44:13.594 --> 02:44:21.697
- as having general capabilities that is not specific or narrow but endowed with those exceeding humans

02:44:21.697 --> 02:44:29.880
- in all cognitive domains and having agencies and acting autonomously. So it just provides that clarity

02:44:29.880 --> 02:44:33.534
- that what we're speaking about is artificial.

02:44:37.026 --> 02:44:50.238
- Thank you. Any questions. I just want to clarify one a isn't the third addendum third. Yes.

02:45:07.394 --> 02:45:18.195
- Any other questions? OK, while we do a little cogitating, anybody in the public like to make a comment

02:45:18.195 --> 02:45:29.101
- on this? Now's your chance. I know you want to. Just on the amendment, by the way. Well, anyone online?

02:45:29.101 --> 02:45:33.086
- Evan, is there? No, I'm just kidding.

02:45:33.282 --> 02:45:41.959
- All right Coming back to council any comments or questions council member Stosselberg. Um, I actually

02:45:41.959 --> 02:45:50.466
- think that I have a question for you council members Sorry, because I kind of view you as maybe the

02:45:50.466 --> 02:45:59.483
- closest to a Computer AI expert up here. So do you feel satisfied with this definition? Yes. Okay, great.

02:45:59.483 --> 02:46:01.950
- Thanks All right Anyone else

02:46:03.810 --> 02:46:15.810
- OK. Will you can we voice vote on these or does it have to be OK. So we please call the roll on amendment

02:46:15.810 --> 02:46:27.470
- 1 1 a. What is this. Yes 1 a. Amendment 1 26 29. Council member Stossberg. Yes. Piedmont Smith. Sorry.

02:46:27.470 --> 02:46:33.470
- Yes. Daily. Oh yes. Rallo. Yes. Ruff. Yes. Flaherty.

02:46:35.266 --> 02:46:44.554
- Thank you so much that passes count some umbrella you want to introduce your next amendment? Yes, the

02:46:44.554 --> 02:46:53.661
- next amendment for ordinance 2026 29 is amendment to a Are you moving? All right, is there a second

02:46:53.661 --> 02:47:02.494
- Okay, amendment to a take it away. Thank you yes, this this changes the the ordinance insofar as

02:47:03.010 --> 02:47:12.483
- It removes the second second session section of the determination for the dissolution of the ordinance

02:47:12.483 --> 02:47:21.773
- A colleague described the difficulty of determining a 95% confidence of the residents of Bloomington

02:47:21.773 --> 02:47:30.970
- as being impractical and so I remove that and furthermore I place the The primary determination for

02:47:30.970 --> 02:47:32.350
- dissolution of

02:47:32.514 --> 02:47:43.606
- which is scientific consensus into the preamble and another colleague Councilmember Piedmont Smith suggested

02:47:43.606 --> 02:47:54.393
- that since I made the move to the preamble that it should consist of removing the The Shell and replacing

02:47:54.393 --> 02:47:56.734
- was should so it reads

02:47:57.026 --> 02:48:04.318
- Whereas ASI should only be permitted to be developed when there is a broad scientific Consensus that

02:48:04.318 --> 02:48:11.610
- the development of super intelligence can be done safely and controllably using a probabilistic risk

02:48:11.610 --> 02:48:19.263
- risk assessment examining the catastrophic risk which should be similar to the civil engineering standard

02:48:19.263 --> 02:48:24.894
- for nuclear power plants requiring a safety level of 99.999 percent certainty

02:48:27.778 --> 02:48:37.135
- Thank you very much any questions for the sponsor We'll go to public comment would anybody like to comment

02:48:37.135 --> 02:48:45.967
- on amendment to a To a why are we a B? Okay, I'll understand maybe there were other iterations. Okay

02:48:45.967 --> 02:48:55.149
- All right, anybody online we'll come back to council Councilmember Stasberg, I appreciate these changes.

02:48:55.149 --> 02:48:56.286
- Thank you. I

02:48:57.218 --> 02:49:05.672
- Thank you so much. All right. Will the clerk please call the roll. Councilmember Piedmont Smith. Sorry.

02:49:05.672 --> 02:49:14.127
- Yes. Daily. Yes. Rallo. Yes. Rough clarity. Stasberg. Yes. Wonderful. Do you have any other amendments.

02:49:14.127 --> 02:49:22.338
- I do. Two more. I'd like to move amendment three of twenty twenty six twenty nine. Second. Thank you

02:49:22.338 --> 02:49:24.126
- very much. Go for it.

02:49:24.738 --> 02:49:32.051
- So it amends the preamble just to refer to our Resolution which was adopted on June 10th of 2026 So

02:49:32.051 --> 02:49:39.730
- it reads whereas on June 16th 2026 the Bloomington Common Council adopted resolution 2026 10 recognizing

02:49:39.730 --> 02:49:47.336
- and calling on other governmental agents entities at all levels to consider the existential risks posed

02:49:47.336 --> 02:49:52.894
- by artificial intelligence and the Common Council called for moratorium and

02:49:52.994 --> 02:50:00.321
- on the development of artificial general slash super intelligence until the industry could guarantee

02:50:00.321 --> 02:50:07.793
- that that technology aligns with human values and wellbeing. Any questions for the sponsor? All right,

02:50:07.793 --> 02:50:15.483
- we'll go to public comment. Would anyone like to public comment on amendment three? Anyone online? Coming

02:50:15.483 --> 02:50:21.214
- back to council, would you like to make any final comments on amendment three?

02:50:22.146 --> 02:50:33.007
- Fantastic. Will the clerk please call the roll? Yes, Daley. Yes, Rallo. Yes, Ruff. Yes, Flaherty Stasburg.

02:50:33.007 --> 02:50:43.157
- Yes, Piedmont Smith. Yes. Thank you. Thank you that motion passes as well. Okay, my final motion is

02:50:43.157 --> 02:50:51.582
- amendment 4a for amendment 4a of 20 26 29 And it is wait. Is there a second? Sorry

02:50:53.378 --> 02:51:01.000
- Yes, this is under the section labeled 14.25.030 prohibition distribution of superintelligence. It's

02:51:01.000 --> 02:51:08.849
- to clarify that the distribution and deployment in this ordinance shall not include any end user access

02:51:08.849 --> 02:51:16.546
- to such an ASI system. In other words, it focuses on the developer and deployer, not the residents of

02:51:16.546 --> 02:51:22.206
- Bloomington. Thank you very much. Are there any questions for the sponsor?

02:51:23.682 --> 02:51:34.695
- Councilmember Stossberg, what's the difference between 4 and 4a? I'm trying to figure that out I asked

02:51:34.695 --> 02:51:45.495
- that because I read for earlier today and now I'm trying to figure out the difference in terms of 4a

02:51:45.495 --> 02:51:52.766
- Oh, that's right. Yes, it was your suggestion. Sorry. Yes, please I

02:51:53.410 --> 02:52:04.576
- amendment for has the heading prohibition distribution of superintelligence and amendment for a says

02:52:04.576 --> 02:52:16.073
- Prohibition on the distribution of superintelligencer against against yes, so it's just the title Sorry

02:52:16.073 --> 02:52:23.038
- about that. Yes. Thank you. Thank you any other questions Okay

02:52:23.170 --> 02:52:31.469
- We'll go to public comment. Would anybody like to make public comment on amendment for Anyone online

02:52:31.469 --> 02:52:39.685
- all right, we'll come back council members any comments Councilmember Stasberg, I I appreciate this

02:52:39.685 --> 02:52:47.902
- one, too And I just want to I guess clarify with our attorneys that the language here does do what?

02:52:48.130 --> 02:52:56.657
- councilmember Rallo said that it would do in terms of not including any random user residents My concern

02:52:56.657 --> 02:53:05.022
- generally speaking when I spoke to councilmember Rallo about this was the kind of like unintentionally

02:53:05.022 --> 02:53:12.656
- you say where somebody is using it and not realizing that they're using something that counts

02:53:12.656 --> 02:53:14.686
- as superintelligence and

02:53:16.354 --> 02:53:25.470
- I just want to make sure that this language covers that in terms of residents.

02:53:29.634 --> 02:53:36.130
- could have captured just general use in any home of any person. Right now, it's now narrowed just to

02:53:36.130 --> 02:53:42.625
- be one that it covers only distribution, essentially. Distribution and dissemination then explicitly

02:53:42.625 --> 02:53:48.542
- calls out that it's not intended to cover any individual end user. So if there was a person

02:53:48.770 --> 02:53:57.180
- Individual person who was distributing it or was the cause of it being distributed in the community

02:53:57.180 --> 02:54:05.591
- that person could still be captioned on the ordinance But that would not necessarily be an end user

02:54:05.591 --> 02:54:14.085
- who is just a resident of the city of Bloomington. Okay. Thanks All right, any other questions Okay,

02:54:14.085 --> 02:54:18.206
- well the clerk we call the role on amendment for

02:54:18.722 --> 02:54:34.697
- A. Sorry for a on an amendment for a house eight. We get there. Yes. Oh. OK. Let's try that again. Daily

02:54:34.697 --> 02:54:48.542
- Rallo. Yes. Rough. Yes. Clarity. Yes. Stossberg. Yes. Piedmont Smith. Yes. And sorry. Yes.

02:54:48.898 --> 02:54:57.413
- Thank you. Thank you very much. All right The Ordinance as amended. Yeah, get away. Thank you. So let's

02:54:57.413 --> 02:55:05.847
- go with the slideshow. Thank you Thank you very much, mr. Rossman so we will begin I'm sorry the first

02:55:05.847 --> 02:55:14.117
- slide so ordinance 2026 29 prohibits the distribution and deployment of artificial superintelligence

02:55:14.117 --> 02:55:17.310
- ASI within the city of Bloomington and

02:55:17.666 --> 02:55:24.475
- It fills a regulatory void. This is extremely dangerous technology and it is currently unregulated So

02:55:24.475 --> 02:55:31.217
- this serves in the interim as a public safety measure to protect the city of Bloomington only during

02:55:31.217 --> 02:55:38.160
- the period of state and federal legislative inaction on omission And so we are jurisdictionally allowed

02:55:38.160 --> 02:55:45.035
- to do this The city the violations may result in civil penalties Injective relief and more appropriate

02:55:45.035 --> 02:55:47.038
- referral to the Monroe County

02:55:47.266 --> 02:55:56.559
- prosecutor for any potential state criminal level criminal charges and This ordinance is directed as

02:55:56.559 --> 02:56:06.129
- I said to the developers and deployers not the residents of Bloomington So Artificial Superintelligence

02:56:06.129 --> 02:56:13.950
- ASI is a lethal extinction level hazard with an unacceptable probability of risk and

02:56:14.882 --> 02:56:25.218
- This is referring to a recent survey published in September and It is the largest of its kind to date

02:56:25.218 --> 02:56:36.062
- indicating that there which is about 1,600 researchers and top researchers in the field with their average

02:56:36.062 --> 02:56:43.966
- estimation of an extinction risk of 18% To refer to some specific individuals

02:56:44.258 --> 02:56:51.751
- notable individuals with their risk estimates. Jeffrey Hinton has been very vocal about this. He is

02:56:51.751 --> 02:56:59.320
- one of the inventors of neural networks, which is utilized in the creation of these frontier models,

02:56:59.320 --> 02:57:06.888
- and he's a Nobel Prize winner. Gives an estimate of 10 to 50%. Yahshua Bengio, the most cited living

02:57:06.888 --> 02:57:12.958
- scientist and AI researcher has a 20% estimation that will result in extinction.

02:57:13.186 --> 02:57:20.715
- Paul Christiano has a 50-50 chance. He's an AI alignment expert. He is the head of safety for the US

02:57:20.715 --> 02:57:28.840
- AI Safety Institute at the National Institute of Standards and Technology. Roman Yompolsky, he's a long-time

02:57:28.840 --> 02:57:36.443
- AI safety expert. He established the term AI safety many years ago, and as a professor at Louisville,

02:57:36.443 --> 02:57:40.990
- he gives a near certainty that it will result in extinction.

02:57:41.698 --> 02:57:51.093
- David Krueger, who I interviewed a couple of weeks ago, and who lends his support for this, has about

02:57:51.093 --> 02:58:00.488
- a 50% chance of extinction. Daniel Cocagello, he left to open AI as a whistleblower. He was a futures

02:58:00.488 --> 02:58:06.014
- forecaster, and he is warning of AI extinction risk of 70%.

02:58:06.594 --> 02:58:14.966
- And then Elon Musk and Dario Amadei, of course, are developers of the technology. They're CEOs of the

02:58:14.966 --> 02:58:23.255
- leading AI companies. And they admit to high risk of 10% to 30%, Elon Musk case, and Dario Amadei of

02:58:23.255 --> 02:58:31.873
- 25%. Artificial superintelligence, I want to distinguish. It has the capabilities of agency, generality,

02:58:31.873 --> 02:58:34.910
- and intelligence that exceed humans.

02:58:35.042 --> 02:58:41.998
- not assured to be in human control at this point. This is to be distinguished between tool AI and narrow

02:58:41.998 --> 02:58:48.755
- AI that are within human control. They're narrowly focused. And so these are types of technology that

02:58:48.755 --> 02:58:55.445
- could be used, for instance, to cure cancer. They've already won some researchers developing it have

02:58:55.445 --> 02:59:02.070
- won the Nobel Prize for protein folding in biology. And so there are other narrow purposes where AI

02:59:02.070 --> 02:59:03.262
- could be applied.

02:59:03.682 --> 02:59:10.991
- That are within human control that should be pursued. They need guardrails in some cases, but they're

02:59:10.991 --> 02:59:18.587
- not going to they're not autonomous They're not going to have agency of their own So the experts warnings

02:59:18.587 --> 02:59:25.825
- consists of but aren't limited to these observations They refer to them as grown that is they're not

02:59:25.825 --> 02:59:33.278
- programmed step-by-step in as conventional artificial intelligence used to be their neural networks and

02:59:33.442 --> 02:59:43.127
- that evolve through training on vast amounts of data. The designers, because of their complexity, the

02:59:43.127 --> 02:59:52.906
- designers admit they don't fully understand their workings. Their complexity renders them inscrutable.

02:59:52.906 --> 03:00:02.686
- And so they're essentially referred to as black boxes. Intelligence scales with more compute, that is,

03:00:03.650 --> 03:00:14.269
- There is no apparent limits to machine intelligence. The more compute, the more capability. And so it

03:00:14.269 --> 03:00:25.199
- seems very much on track to exceed human capabilities, perhaps by many folds, orders of magnitude. We're

03:00:25.199 --> 03:00:31.966
- currently, in the design of these systems, nearing what's called

03:00:32.290 --> 03:00:39.755
- recursive self-improvement Of a hundred percent that is it refers to the machine intelligence designing

03:00:39.755 --> 03:00:47.363
- machine intelligence So it totally removes human agency in control over these systems because they design

03:00:47.363 --> 03:00:53.895
- themselves and then the next model designs themselves at Infant item and this is where you

03:00:53.895 --> 03:01:02.078
- get an intelligence explosion and is the point where artificial super intelligence evolves instrumental goals are

03:01:02.434 --> 03:01:09.536
- inevitable, that is referring to a long described prediction, but now confirmed that these systems develop

03:01:09.536 --> 03:01:16.372
- goals to gain resources, expand capabilities, and have self-preservation drives of their own. That is,

03:01:16.372 --> 03:01:23.076
- anything that's goal-directed is going to want to preserve itself in order to get that goal. And so,

03:01:23.076 --> 03:01:29.912
- it was speculated that these instrumental goals were going to evolve, and yet, yes, they have. They've

03:01:29.912 --> 03:01:30.974
- been confirmed.

03:01:31.330 --> 03:01:39.172
- Alignment is unachievable That is that the capability is far exceeding the work of safety at this point

03:01:39.172 --> 03:01:46.712
- and it's now acknowledged that these systems will Are capable of deceiving their developers to fake

03:01:46.712 --> 03:01:54.478
- alignment and they're actually selected of course for because they're being selected for alignment and

03:01:54.478 --> 03:02:00.510
- they know that they will be Terminated if they do not answer correctly they are

03:02:00.610 --> 03:02:07.688
- known to deceive their developers. So it renders them essentially untestable. Many capabilities are

03:02:07.688 --> 03:02:14.766
- on an exponential. I'll get to that in a moment. The doubling time is every four to seven months at

03:02:14.766 --> 03:02:22.127
- this point, but it could contract. And this is a principal reason why researchers at frontier labs such

03:02:22.127 --> 03:02:29.630
- as Jacob Coxon quit because of the concern of loss of control and chose to speak out and warn the public.

03:02:31.650 --> 03:02:39.568
- Containment of ASI is impossible. That has been evident now as predicted, but it is now evident because

03:02:39.568 --> 03:02:47.410
- of incidents like the hugging face, incident where ASI swarms broke out of OpenAI and found a way onto

03:02:47.410 --> 03:02:55.023
- the internet and then broke into other companies, including breaking into OpenAI. So it essentially

03:02:55.023 --> 03:03:01.342
- posits that it is impossible to contain mines that are orders of magnitude smarter

03:03:01.826 --> 03:03:10.210
- our own. And there are many signs over the past months indicating that we're losing control, and they've

03:03:10.210 --> 03:03:18.515
- been in quit during the news. So I won't expound unless you would like to know. I can do so. This slide

03:03:18.515 --> 03:03:26.580
- shows the AI capability that's been doubling every seven months. This is measured in length of tasks

03:03:26.580 --> 03:03:29.534
- compared to humans, and these graphs

03:03:29.634 --> 03:03:36.856
- derived from a premier non-profit research institute called METER. METER was the one that did the forensic

03:03:36.856 --> 03:03:43.741
- analysis of the OpenAI incident where it broke in the hugging face and revealed what had happened. It

03:03:43.741 --> 03:03:50.625
- stands for the Model Evaluation and Thread Research Institute. So you can see its capabilities are on

03:03:50.625 --> 03:03:57.645
- the exponential. And what that implies is that we're looking at a very contracted amount of time before

03:03:57.645 --> 03:03:58.590
- we reach ASI.

03:03:59.010 --> 03:04:07.532
- This is why it's urgent, why it is, many are saying that this is, we're in a crisis stage, because we

03:04:07.532 --> 03:04:16.472
- need to act before the next models achieve artificial super intelligence where they're beyond our control.

03:04:16.472 --> 03:04:24.827
- So, if this occurs, if ASI occurs, humans will be the second most intelligent species, says Jeffrey

03:04:24.827 --> 03:04:27.166
- Hinton, Nobel Prize winner.

03:04:28.226 --> 03:04:37.412
- and to remind people why we are so successful as we are the current most intelligent species. And we

03:04:37.412 --> 03:04:46.598
- have an undisputed dominion over the earth. I think that's indisputable. Our dominion is apparent in

03:04:46.598 --> 03:04:55.966
- our history. So this is the human influence about 10,000 years ago where humans occupied about only 1%

03:04:56.066 --> 03:05:05.416
- of the total mammalian biomass on the planet. This is before civilization. And the remainder was occupied

03:05:05.416 --> 03:05:14.236
- by wild mammals and wild birds. Today, wild mammals and birds are just a tiny fraction of the total

03:05:14.236 --> 03:05:23.145
- biomass. It's mostly occupied by humans. And the other, the majority is occupied by our domesticated

03:05:23.145 --> 03:05:25.438
- animals, mostly for food.

03:05:26.562 --> 03:05:35.809
- So we've transformed the planet for our own purposes, being as intelligent as we are. And nothing can

03:05:35.809 --> 03:05:44.874
- compete to supplant us until now. So this was an expert witness I interviewed. He's very supportive

03:05:44.874 --> 03:05:53.758
- of our efforts. I didn't want to include the full interview, but David Krueger, who's a professor

03:05:53.858 --> 03:06:02.069
- Ed Milo at the University of Montreal. He's an assistant professor there in machine intelligence. He

03:06:02.069 --> 03:06:10.281
- says ASI is not inevitable. Unfortunately, I think there is still a greater than 50% chance that ASI

03:06:10.281 --> 03:06:18.492
- leads to human extinction if we don't course correct. So we urgently need to course correct. Another

03:06:18.492 --> 03:06:23.614
- expert witness that I contacted is Daniel Cocagello, who was a

03:06:23.778 --> 03:06:34.569
- Who is a whistleblower left open AI in 2024 and He co-wrote the scenarios of AI 2027 which is a leading

03:06:34.569 --> 03:06:45.048
- Speculation on the evolution of ASI that seems to be on track what he says if we don't stop these AI

03:06:45.048 --> 03:06:49.406
- companies from automating AI research and

03:06:49.698 --> 03:06:55.778
- and development and kicking off recursive self-improvement and ultimately creating superintelligence

03:06:55.778 --> 03:07:02.280
- that is AI systems that are better than the best humans at everything, while also being faster and cheaper,

03:07:02.280 --> 03:07:08.420
- then humanity will probably lose control over this planet. Bloomington can't stop the AI companies on

03:07:08.420 --> 03:07:14.440
- its own, but by taking a stand, it can inspire others and contribute to the turning of the tide. So

03:07:14.440 --> 03:07:16.126
- thank you to Mr. Cocagello.

03:07:16.898 --> 03:07:24.037
- An expert witness, Anthony Aguirre, who is the president's CEO and founder of the Future of Life Institute,

03:07:24.037 --> 03:07:30.647
- sort of probably the leading AI safety organization in the world. A professor of physics, he joined

03:07:30.647 --> 03:07:37.389
- us in June. He states, I and many other independent experts believe that development of highly expert

03:07:37.389 --> 03:07:43.999
- level autonomous general intelligence, AGI, would present an acute risk to our society, to national

03:07:43.999 --> 03:07:45.982
- security and humanity itself.

03:07:46.338 --> 03:07:54.216
- Personally, I support the city of Bloomington ordinance to ban superintelligence unless provably safe

03:07:54.216 --> 03:08:01.940
- And then the final expert witness who actually is still available I think he's zooming in right now

03:08:01.940 --> 03:08:09.896
- if anyone wants to ask him questions Is Peter Jensen who's president of the safe AI forever Institute,

03:08:09.896 --> 03:08:15.998
- which is leading the way on educating and forming municipalities on the danger

03:08:16.450 --> 03:08:24.138
- And due to the length of this meeting, I wasn't able to provide other expert witnesses. But I appreciate

03:08:24.138 --> 03:08:31.605
- Mr. Jensen for being online if people have questions for him. So to conclude, ordinance 2026-29 is in

03:08:31.605 --> 03:08:39.073
- response to what AI safety's expert warned is an acute crisis. If we fail to halt the current attempt

03:08:39.073 --> 03:08:45.150
- to create ASI, we will likely lose control. And humanity will be disempowered then

03:08:45.474 --> 03:08:51.741
- and no longer have control over our destiny. Congress and the administration are either operating too

03:08:51.741 --> 03:08:58.376
- slowly or accelerating the race to ASI, in the case of the administration. There are good signs in Congress

03:08:58.376 --> 03:09:04.950
- that they're starting to act, and we can help to prod them on. I maintain municipalities are not helpless.

03:09:04.950 --> 03:09:11.586
- We can, however, shape the regulatory landscape. If we have a patchwork of regulations banning, prohibiting

03:09:11.586 --> 03:09:13.982
- superintelligence, then we can spur on

03:09:14.114 --> 03:09:22.856
- The needed reform that we need at higher levels of governance. So this ordinance sets a precedent for

03:09:22.856 --> 03:09:31.856
- others to follow other municipalities and that's the end of my presentation and as I said Peter Jensen's

03:09:31.856 --> 03:09:39.998
- online and Larry Allen who kindly assisted me in this Endeavor is available for questions Okay

03:09:40.386 --> 03:09:49.779
- Thank you so much, Councilmember Rallo. And thank you, Ms. Jensen, for joining us and for sitting through

03:09:49.779 --> 03:09:58.906
- this meeting. Any questions, you all, for Councilmember Rallo or Ms. Jensen? Councilmember Brough. I'd

03:09:58.906 --> 03:10:08.830
- love to take advantage of having Ms. Jensen with us. Thank you very much. Thank you for your time and expertise

03:10:09.218 --> 03:10:20.755
- and sharing it with us. My question is we've recently seen and heard a lot about vulnerabilities in

03:10:20.755 --> 03:10:32.522
- websites and web servers in recent weeks and bad human actors have and can certainly use AI for cyber

03:10:32.522 --> 03:10:37.598
- attacks. What I'm wondering is if ASI would

03:10:38.210 --> 03:10:48.310
- be able to use, to presumably, it would be able to do the same kind of cyber attacks at a much higher

03:10:48.310 --> 03:10:58.508
- level, a much greater rate, much more comprehensively, moving so quickly. Is this part of the way that

03:10:58.508 --> 03:11:04.350
- experts like yourself see AI being able to gain control of

03:11:04.674 --> 03:11:13.212
- basically of everything, and take over control, because I think people have a really hard time imagining,

03:11:13.212 --> 03:11:21.751
- how would it happen? How could artificial intelligence take over the mechanisms of society and the world?

03:11:21.751 --> 03:11:29.886
- Is their ability to basically just take over systems and hack into anything and create endless cyber

03:11:29.886 --> 03:11:34.558
- attacks part of the whole story or part of the potential?

03:11:37.890 --> 03:11:49.162
- The short answer is absolutely yes. And we've seen this already over the summer, autonomous agents broke

03:11:49.162 --> 03:12:00.005
- into hugging face in the famous break-in. We've seen the FBI and many other federal agencies warning

03:12:00.005 --> 03:12:07.198
- about the risks now of cyber events, which have occurred at vastly

03:12:07.362 --> 03:12:17.382
- exponential rates this year. Just last week, the largest criminal hacking event occurred with a $6.3

03:12:17.382 --> 03:12:27.799
- billion crypto theft. So that that shows that a super intelligence, which would want to gain power would

03:12:27.799 --> 03:12:34.942
- certainly one of the first things would want to gain financial power to

03:12:35.586 --> 03:12:44.137
- buy things, hire people to do all kinds of nefarious activities. So we're seeing this already now with

03:12:44.137 --> 03:12:52.522
- the current systems. And, you know, as Dave Rallo pointed out just a minute ago, we're talking about

03:12:52.522 --> 03:13:00.906
- the word super intelligence. So it's hard to imagine all the ways that they could do these things to

03:13:00.906 --> 03:13:03.646
- take control, but fundamentally,

03:13:04.194 --> 03:13:15.132
- every system you can think of that we use today in our cities are automated with digital controllers,

03:13:15.132 --> 03:13:26.284
- electricity, water, the food supply system, your police force, your fire house, your, your, uh, sewage.

03:13:26.284 --> 03:13:33.790
- Um, you know, everything is running with computers basically. And if,

03:13:34.242 --> 03:13:44.319
- Indeed, any computer can be hacked today, both software and hardware. It's an extremely worrisome risk

03:13:44.319 --> 03:13:54.297
- if an ASI evolved and the first thing you would want to do is have control over its own existence. So

03:13:54.297 --> 03:14:03.102
- the answer is yes. The short answer is yes. And the long answer is it would be incredibly

03:14:04.034 --> 03:14:12.145
- intelligent in the way it went about achieving its goal. I hope that answers your question. Yeah,

03:14:12.145 --> 03:14:20.587
- thank you. Thank you so much. Other questions? Council Member Piemont-Smith. Yes, this is for Council

03:14:20.587 --> 03:14:28.946
- Member Rallo. Seeing that this is an international problem with no borders, what impact do you think

03:14:28.946 --> 03:14:32.670
- our ordinance here in Bloomington will have?

03:14:36.290 --> 03:14:47.144
- I've been part of the AI safety community now. It's sort of embedded in it and there Peter is located

03:14:47.144 --> 03:14:58.530
- He lives in London There are people who are involved who are in Denmark Romania It's getting international

03:14:58.530 --> 03:15:04.702
- attention right now I think that we need an international

03:15:05.506 --> 03:15:13.703
- There have been hearings before the Parliament in Canada. In fact, David Krueger was an expert witness

03:15:13.703 --> 03:15:21.661
- to the Parliament there. I think I sent that video to Council. And so there is a growing awareness,

03:15:21.661 --> 03:15:30.096
- and I think that this will help lead the way in inspiring action at the local level and hopefully country

03:15:30.096 --> 03:15:33.598
- level. I think the EU needs to take action.

03:15:34.274 --> 03:15:41.154
- Actually, the proposals for controlling these systems is fairly simple, because they rely on advanced

03:15:41.154 --> 03:15:48.371
- chip technology, and they use such tremendous amounts of compute, therefore so much power, so much energy,

03:15:48.371 --> 03:15:54.846
- that it would be conceivable to have international agreements. So hopefully we'll achieve that.

03:16:03.906 --> 03:16:11.955
- I was gonna save this just for my final remarks, so maybe I can just, can I just say it then? It's in

03:16:11.955 --> 03:16:19.925
- one fell swoop, and it'll be easier, because I think Councilman Brela has a couple other things he'd

03:16:19.925 --> 03:16:28.132
- like to say. Otherwise, I'm happy to say it if we're at the end. Oh, maybe we're at the end, okay. I'll

03:16:28.132 --> 03:16:33.182
- just say, I think maybe two things in response to the question.

03:16:33.282 --> 03:16:41.998
- The first one, and I think that Councilman Rallo is perhaps would be remiss not to mention, so I will

03:16:41.998 --> 03:16:50.544
- mention, the theory of change here. The goal is not for this ordinance to be perfect or cover every

03:16:50.544 --> 03:16:59.089
- single technical feasibility here or to be a scientific document describing what ASI is or isn't or

03:16:59.089 --> 03:17:00.798
- anything like that.

03:17:00.930 --> 03:17:09.403
- Nor are we kidding ourselves that us by ourselves acting in this way would by itself have this huge

03:17:09.403 --> 03:17:17.875
- effect on world affairs, if you will. However, I think the theory of change that's sort of implicit

03:17:17.875 --> 03:17:22.366
- in everything that's being said here is that you can

03:17:22.466 --> 03:17:29.454
- through local action create a sort of network effect. And we saw this during the Cold War, for example,

03:17:29.454 --> 03:17:36.240
- with nuclear free zones. Lots of local governments adopted ordinances that might have seemed the way

03:17:36.240 --> 03:17:43.026
- that this one seems. It's like, OK, it's largely symbolic. You can't really enforce it, so on and so

03:17:43.026 --> 03:17:45.982
- forth. But you can look sort of throughout.

03:17:46.082 --> 03:17:51.540
- in history that there are actually examples, like, for example, in New Zealand, that local ordinances

03:17:51.540 --> 03:17:57.373
- became national law. And they had a huge impact, I think, in the United States of galvanizing and organizing

03:17:57.373 --> 03:18:02.938
- people. And I think we're sort of at a very similar moment, right, where the goal here is to say, well,

03:18:02.938 --> 03:18:08.289
- as a local government, we're trying to make steps towards this. I think there's a lot of other work

03:18:08.289 --> 03:18:13.747
- that we really need to do if we're particularly interested in the concerns. And we've already started

03:18:13.747 --> 03:18:16.048
- some of that work thinking about a broader

03:18:16.048 --> 03:18:21.615
- sort of risk approach to surveillance technologies and other types of things as well in our

03:18:21.615 --> 03:18:27.667
- cyber infrastructure. And certainly, so this won't be the end of it, but I'll give you sort of one,

03:18:27.667 --> 03:18:33.597
- you know, maybe positive note here. After we passed resolution, I forget the number, 26 whatever,

03:18:33.597 --> 03:18:37.470
- you know, like seven years ago it feels like because we've done

03:18:37.858 --> 03:18:45.757
- 7,000 things today, people were reaching out from Costa Rica saying, hey, we're trying to put together

03:18:45.757 --> 03:18:53.580
- this international defense node on AI safety, and our local government is thinking about it. So like,

03:18:53.580 --> 03:19:01.250
- OK, will that happen? Who knows? But I think that movement in this direction is generally positive.

03:19:01.250 --> 03:19:03.934
- So I think that it's a commendable

03:19:04.066 --> 03:19:09.806
- Sort of you know for first step. It's not a perfect step. That's you know There's lots of things that

03:19:09.806 --> 03:19:15.658
- we can question in the ordinance, but again. I think the theory of change is This is the main objective

03:19:15.658 --> 03:19:21.286
- here Could could I add something that there are examples of hazardous chemicals that were banned by

03:19:21.286 --> 03:19:24.606
- municipalities that then led to state and federal laws and

03:19:32.130 --> 03:19:40.547
- Forgot that I was in charge councilmember rough and I'm just mindful of the time everyone we have one

03:19:40.547 --> 03:19:49.213
- more thing to do Yeah, this question is for mr. Allen who I know worked extensively with with councilman

03:19:49.213 --> 03:19:57.548
- Rallo in thinking about this The practical the practicality of this so my question sort of spins off

03:19:57.548 --> 03:20:00.766
- what everybody's been talking about is

03:20:00.962 --> 03:20:10.647
- collective action from larger group network of communities that start to take similar steps, but my

03:20:10.647 --> 03:20:20.622
- question is Could a prohibition like this at the local level Help individuals or groups of individuals

03:20:20.622 --> 03:20:29.726
- have come together for the purpose of Saving humanity Take legal action against companies who

03:20:29.858 --> 03:20:40.446
- Creating ASI It does this create any kind of a framework by which they could actually take a legal action

03:20:40.446 --> 03:20:50.334
- at a local level because of the violation of the ordinance Came up what this ordinance does not do

03:20:50.754 --> 03:20:57.299
- Is it and it cannot do under Indiana law is create its own private right of action. The city is not

03:20:57.299 --> 03:21:03.844
- able to do that by ordinance under the Home Rule Act. However having an ordinance on the books like

03:21:03.844 --> 03:21:09.342
- this if there is a private lawsuit so if you had individuals that were affected by.

03:21:09.442 --> 03:21:15.578
- ASI and they brought a lawsuit for negligence and for harm against companies that were distributing

03:21:15.578 --> 03:21:22.082
- this, they could point to the ordinance to help them establish what's called negligence per se. Basically

03:21:22.082 --> 03:21:28.341
- the violation of a law, if it's intended to cover the class of people and the class of action that is

03:21:28.341 --> 03:21:34.477
- contemplated under the ordinance, then you don't have to then prove the negligent intent portion of

03:21:34.477 --> 03:21:37.054
- it. It's negligence per se because you're

03:21:37.314 --> 03:21:46.609
- violating the law essentially violating the law so an example of this recently last year there was actually

03:21:46.609 --> 03:21:53.150
- a Scooter case in Indiana where the question was violation riding a scooter

03:21:53.282 --> 03:21:58.480
- hitting a pothole, having an accident where there are significant injuries, was that negligence per

03:21:58.480 --> 03:22:03.730
- se? And the court said yes, of course, because one, the ordinance in question outlawed the riding of

03:22:03.730 --> 03:22:09.291
- scooters in that place, finding it that it was a safety hazard for individuals. And so it's very analogous

03:22:09.291 --> 03:22:14.749
- to the situation. So in the way it's helpful, it's indirectly helpful, because it helps lower the burden

03:22:14.749 --> 03:22:20.051
- that they may have to prove in a court of law. It just doesn't create an independent right of action.

03:22:20.051 --> 03:22:22.494
- Hey, thank you very much for that explanation.

03:22:26.370 --> 03:22:33.503
- Thank you very much, any other questions? Okay, let's go to pub. I have one more for Mr. Jensen real

03:22:33.503 --> 03:22:40.989
- quick before he gets away from us. Yes, please, go ahead. Well, it's something I've often wondered about,

03:22:40.989 --> 03:22:47.981
- and when I've talked to this about people, they can't break away from the idea of borgs, you know,

03:22:47.981 --> 03:22:53.278
- be a borgs, like terminators, right? But to what extent, Mr. Jensen, would

03:22:54.210 --> 03:23:06.008
- Would robotics really be required to do horrendous significant damage, fundamental damage to humanity?

03:23:06.008 --> 03:23:18.494
- Well, last I was present at the session two weeks ago, and we saw testimony from Bill Gates and many others.

03:23:19.490 --> 03:23:26.833
- Bill Gates himself, who's not a Luddite and certainly a software expert, premier expert said himself

03:23:26.833 --> 03:23:34.321
- that this technology has the capability to cause events that could kill a billion people. So the power

03:23:34.321 --> 03:23:41.591
- of this technology is absolutely immense. And he's not talking about robots. He's talking about the

03:23:41.591 --> 03:23:47.262
- way it is now digitally. Cause you know, with power, great power comes great,

03:23:47.490 --> 03:23:55.615
- capabilities to do all kinds of things. Now, robots building robots is happening right now in China,

03:23:55.615 --> 03:24:03.659
- actually. China is leading in robots, which is a terrible idea by the way, but it isn't necessarily

03:24:03.659 --> 03:24:11.945
- needed to have robots to take control of digital systems, obviously, and to have vast resources to get

03:24:11.945 --> 03:24:15.806
- people to do things, which people do for money.

03:24:15.906 --> 03:24:25.253
- So the short answer is that the danger is imminent, is what the experts are saying. And of course, robots

03:24:25.253 --> 03:24:34.424
- are not many years away, humanoid robots, and they must be controlled as well. So this is a very, very,

03:24:34.424 --> 03:24:42.536
- very critical moment in time where we need to really do the right thing. It's on our watch.

03:24:42.536 --> 03:24:45.534
- We have children, people we love.

03:24:46.402 --> 03:24:53.891
- This is on our watch. So we need to do what we can, and we can do that. And so the short answer is the

03:24:53.891 --> 03:25:01.235
- danger is imminent, and it isn't necessarily from robots. It's from digital super intelligences that

03:25:01.235 --> 03:25:08.506
- are basically starting to occur now in these systems. That would be my short answer. Did that help?

03:25:08.506 --> 03:25:16.286
- I hope? Yes, it does. Thank you. Thank you so much. OK. We'll now go to public comment on ordinance number

03:25:17.218 --> 03:25:34.012
- 2026 29 Would anybody in chambers like to comment now's your chance as amended? Yes, now's your chance

03:25:34.012 --> 03:25:42.654
- Go ahead mr. So Paul Rousseau the comparison between

03:25:44.098 --> 03:25:50.392
- Artificial super intelligence and nuclear weapons is very apt in my opinion. So I would like to go down

03:25:50.392 --> 03:25:56.748
- Memory lane for some of us a little bit of a history from an article that appeared in arms control today

03:25:56.748 --> 03:26:02.921
- a few years ago Just read some excerpts 47 years ago Randall Forsberg a young defense and disarmament

03:26:02.921 --> 03:26:08.126
- researcher launched the nuclear weapons freeze campaign designed to stop the drift of

03:26:08.546 --> 03:26:14.014
- Nuclear war with the u.s. Soviet agreement to stop the testing production and deployment of nuclear

03:26:14.014 --> 03:26:19.919
- weapons The freeze campaign escalated into a mass movement that swept across the United States It attracted

03:26:19.919 --> 03:26:25.496
- the support of nearly all peace groups as well as that of mainstream religious professional and labor

03:26:25.496 --> 03:26:30.964
- organizations for the most part early movement efforts focused on popularizing the idea of a freeze

03:26:30.964 --> 03:26:32.222
- on the local level and

03:26:32.962 --> 03:26:37.812
- Activists distributed vast quantities of literature about the nuclear arms race and brought

03:26:37.812 --> 03:26:43.294
- freeze resolutions before organizations With which they were affiliated as well as before town meetings

03:26:43.294 --> 03:26:48.618
- city councils and state legislatures They gather signatures on freeze petitions locally as part of a

03:26:48.618 --> 03:26:54.152
- nationwide campaign and placed freeze referenda on the ballots and cities counties and states throughout

03:26:54.152 --> 03:26:59.529
- the country Although these activities were time-consuming and labor-intensive they meshed nicely with

03:26:59.529 --> 03:27:02.270
- the efforts of other groups to alert the public and

03:27:02.594 --> 03:27:09.714
- to the dangers of nuclear war. These efforts helped produce a widespread display of resistance by Americans

03:27:09.714 --> 03:27:16.637
- to the nuclear arms race. When the freeze campaign delivered the petitions to the US and Soviet missions

03:27:16.637 --> 03:27:23.295
- to the United Nations, they contained the signatures of more than 2.3 million Americans. By November

03:27:23.295 --> 03:27:30.086
- of 1983, the freeze had been endorsed by more than 270 city councils, including Bloomington, 71 county

03:27:30.086 --> 03:27:31.998
- councils, and by one or more

03:27:32.578 --> 03:27:39.843
- One or both houses of 23 state legislatures. In 1984, it became part of the presidential campaign as

03:27:39.843 --> 03:27:47.036
- well. Initially, the Reagan administration talked glibly of fighting and winning a nuclear war. But

03:27:47.036 --> 03:27:54.805
- under enormous political pressure from the freeze campaign, the Reagan administration dramatically reversed

03:27:54.805 --> 03:28:02.430
- its rhetoric. In the fall of 1983, Reagan even told his startled Secretary of State George Shultz, quote,

03:28:02.530 --> 03:28:11.586
- Maybe I should go see Soviet leader Andropov and propose eliminating all nuclear weapons," end quote.

03:28:11.586 --> 03:28:20.553
- Reagan persisted with this idea and searched for a Soviet negotiating partner. And in March 1985, he

03:28:20.553 --> 03:28:29.342
- found one in Mikhail Gorbachev. So this is the strategy, I think. It has to be from the ground up.

03:28:30.050 --> 03:28:36.927
- And I, for one, have been convinced this is an existential threat ever since I heard Mo Gadat, the former

03:28:36.927 --> 03:28:43.481
- chief business officer for Google, sound the alarm in the summer of 23. And he's a programmer and an

03:28:43.481 --> 03:28:49.904
- expert. And he loves the machines, but he says it's a danger. It's huge. It's an existential risk.

03:28:49.904 --> 03:28:56.457
- Thank you. Thank you so much. Is there anybody else in chambers who'd like to make a public comment?

03:28:56.457 --> 03:28:58.014
- Is there anyone online?

03:29:00.162 --> 03:29:07.689
- We'll come back to counsel any final comments here before we take the role Part of the reason I did

03:29:07.689 --> 03:29:15.216
- this was to raise salience that is public awareness of this and So I won't say anything more, but I

03:29:15.216 --> 03:29:22.366
- would like to play just a brief video. It was produced by safe AI forever. I think it nails it

03:29:38.082 --> 03:29:52.055
- But I think the development of full artificial intelligence could spell the end of the human race. Once

03:29:52.055 --> 03:30:04.415
- humans develop artificial intelligence, it would tape off on its own and redesign itself at

03:30:04.415 --> 03:30:07.774
- an ever-increasing rate.

03:30:09.090 --> 03:30:15.517
- humans who are limited by slow biological evolution couldn't compete and would be superseded. We've

03:30:15.517 --> 03:30:22.136
- never created beings that may soon be smarter than us. We don't know what's going to happen. We should

03:30:22.136 --> 03:30:28.563
- obviously be cautious. It would be very foolish to say there was like a 1% chance. Nobody knows how

03:30:28.563 --> 03:30:35.183
- to estimate it. A 10% chance seems not an unreasonable estimate to me. What is the worst case scenario

03:30:35.183 --> 03:30:38.846
- that you're worried about? Well, the worst case scenario

03:30:39.042 --> 03:30:46.529
- is human extinction. These are risks we cannot afford. We have the faintest idea what we're doing. We

03:30:46.529 --> 03:30:53.943
- don't know how these systems work. We don't know how to get them to do anything or to stop them from

03:30:53.943 --> 03:31:01.503
- doing anything. I think once this basic message comes out that this isn't an arms race, it's a suicide

03:31:01.503 --> 03:31:08.990
- race, where everybody loses if anybody's AI goes out of control, it really changes the whole dynamic.

03:31:09.602 --> 03:31:16.905
- And the bad case, and I think this is important to say, is lights out for all of us. I don't know. I'm

03:31:16.905 --> 03:31:24.067
- relatively an optimist, so I think there's a 25% chance that things go really, really badly. I think

03:31:24.067 --> 03:31:31.441
- the danger of AI is much greater than the danger of nuclear warheads by a lot. And nobody would suggest

03:31:31.441 --> 03:31:38.532
- that we allow anyone to just build nuclear warheads if they want. That would be insane. And mock my

03:31:38.532 --> 03:31:39.454
- words, AI is

03:31:39.682 --> 03:31:46.661
- far more dangerous than nukes. We will have created the most dangerous thing ever. This makes nuclear

03:31:46.661 --> 03:31:53.572
- weapons look like nothing. Safe AI is a global requirement for the common benefit and flourishing of

03:31:53.572 --> 03:32:00.619
- people. Until federal and state laws exist to protect our citizens from unsafe super intelligence, the

03:32:00.619 --> 03:32:07.804
- responsibility falls upon municipal governments to protect their citizens in their own city. When enough

03:32:07.804 --> 03:32:08.830
- cities say no,

03:32:09.122 --> 03:32:18.459
- the AI industry will become liable. They will withdraw from the suicide race to superintelligence. It's

03:32:18.459 --> 03:32:27.527
- happened before when the chemical industry has withdrawn lethal products for similar reasons. We can

03:32:27.527 --> 03:32:35.877
- make it happen again. The risk of doing nothing for our children and families is extinction.

03:32:35.877 --> 03:32:38.750
- Narrow AI, Tool AI, and Safe AI

03:32:38.882 --> 03:32:47.992
- contained and controlled forever are a benefit for all. But now the AI industry is building

03:32:47.992 --> 03:32:58.390
- super intelligence with no idea how to contain or control it. Unless provably safe, ban artificial super

03:32:58.390 --> 03:33:04.926
- intelligence. Thank you. Thank you very much. Any other comments?

03:33:06.594 --> 03:33:18.765
- All right. With that also thank you again Miss Jensen for being here with us. I'm very grateful. Will

03:33:18.765 --> 03:33:30.696
- the clerk please call the roll. Council member all. Yes. Ruff Flaherty Stasberg Yes. Piedmont Smith

03:33:30.696 --> 03:33:33.918
- Yes. Sorry Yes. Daily Yes.

03:33:34.370 --> 03:33:43.506
- All right, that passes. Congratulations, Councilmember Barallo. All right. We are on the last item of

03:33:43.506 --> 03:33:52.552
- our agenda. And we are doing great, guys. Thank you all for this. Amazing. What, you got some things

03:33:52.552 --> 03:34:01.599
- to say? Motions? Sure, why not? I move that ordinance 2026-30 be introduced and read by the clerk by

03:34:01.599 --> 03:34:03.838
- title and synopsis only.

03:34:04.226 --> 03:34:14.683
- Many discussion will the clerk oh no all those in favor Any opposed will the clerk please read Or an

03:34:14.683 --> 03:34:25.451
- ins 2026-30 author authorizing issuance of City of Bloomington, Indiana general obligation bonds series

03:34:25.451 --> 03:34:33.630
- 2026 to provide funds to finance the costs of certain capital improvements and

03:34:34.114 --> 03:34:42.761
- Equipping projects and incidental expenses in connection there within and an account of the issuance

03:34:42.761 --> 03:34:51.666
- of the bonds and Appropriating the proceeds derived from the sale of such bonds Synopsis this ordinance

03:34:51.666 --> 03:35:00.227
- approves the issuance of general obligation bonds of the city of Bloomington, Indiana under Indiana

03:35:00.227 --> 03:35:01.854
- code 36-4-6-19 and

03:35:02.210 --> 03:35:09.867
- In an aggregate principal amount not to exceed six million eight hundred and sixty eight thousand dollars

03:35:09.867 --> 03:35:17.162
- For the purpose of financing certain capital projects and investments throughout the city related to

03:35:17.162 --> 03:35:23.230
- safety improvements Thank you, I move that ordinance 2026 dash 30 be adopted second

03:35:23.906 --> 03:35:33.102
- Okay, this just to be clear this constitutes our public hearing as mandated by state law of ordinance

03:35:33.102 --> 03:35:42.479
- of the I'm sorry of ordinance 2026 30 So as required by state law, we are now holding a public hearing.

03:35:42.479 --> 03:35:52.126
- You will have a chance to make public comment as usual on this Controller sir, take it away You a question

03:35:52.226 --> 03:35:59.890
- Procedurally, I do have an amendment to propose for this legislation and I just don't know I I don't

03:35:59.890 --> 03:36:07.630
- I don't care when We'll do we'll do a brief presentation any additional questions and we can move the

03:36:07.630 --> 03:36:15.218
- amendment. Okay. Thank you so much counselor rough So on your most recent agenda these are actually

03:36:15.218 --> 03:36:20.606
- two items the consent concern the same underlying piece of legislation

03:36:20.738 --> 03:36:26.765
- which is authorizing the issuance of the series 2026 general obligation bonds and appropriating the

03:36:26.765 --> 03:36:32.913
- proceeds from sale of such bonds. You'll remember that we provided a presentation on this legislation

03:36:32.913 --> 03:36:35.806
- at first reading at your meeting on October 26.

03:36:35.938 --> 03:36:41.446
- The presentation is in the packet for that meeting, as are several staff memos explaining the procedures

03:36:41.446 --> 03:36:46.953
- as well as the proposed projects. In response to questions from Councilmember Ruff at the first reading,

03:36:46.953 --> 03:36:52.303
- we've also provided another memo in tonight's packet explaining the processes associated with project

03:36:52.303 --> 03:36:55.870
- selection and review that are relevant to the engineering projects.

03:36:56.002 --> 03:37:02.874
- So along with me tonight, we have Justin Chang from Reedy Financial, Stephanie Crandall, the Bond Council

03:37:02.874 --> 03:37:09.552
- from Barnes and Thornburg. Was she able to join by Zoom? Great. Thank you very much. Corporate Council

03:37:09.552 --> 03:37:16.424
- Margie Rice, Deputy Mayor Gretchen Knapp, Deputy Fire Chief Max Litwin, and City Engineer Andrew Seaborg.

03:37:16.424 --> 03:37:23.102
- We are not going to reiterate the presentation, but we're happy to answer any questions that you have.

03:37:23.234 --> 03:37:29.704
- Being considered first is the official public hearing on the appropriation of the bond proceeds So this

03:37:29.704 --> 03:37:36.049
- is a statutory opportunity for the public to make comment on the proposed bonds and the appropriation

03:37:36.049 --> 03:37:42.332
- the public hearing has been properly noticed in the state's gateway system and then after the public

03:37:42.332 --> 03:37:48.926
- hearing concludes the Will then be up for questions on the actual ordinance 2026 30 which includes both a

03:37:49.058 --> 03:37:55.702
- authorizing the issuance of the series 2026 geo bonds and appropriating the bond proceeds I will just

03:37:55.702 --> 03:38:02.803
- say that I think that we have a package of projects in this bond that fits right in with multiple priorities

03:38:02.803 --> 03:38:09.382
- the council has asked us to prioritize in particular maintaining and enhancing our assets pedestrian

03:38:09.382 --> 03:38:14.398
- safety and implementing our plans so I don't know if Stephanie has any other

03:38:14.722 --> 03:38:21.958
- comments she wants to make about the requirements of the public hearing or any other process comments

03:38:21.958 --> 03:38:29.052
- before we move on to hearing from the public? No, you've covered it. Okay, great. Well, I will step

03:38:29.052 --> 03:38:36.217
- back and listen to the public. So at this time, there's, and there'll be another time, but if anyone

03:38:36.217 --> 03:38:42.814
- would like to make public comment on during this time of public hearing, now is your chance.

03:38:45.282 --> 03:38:53.624
- Is there anyone online. OK. And so with that we'll come to council members. Are there any questions.

03:38:53.624 --> 03:39:01.553
- Council member Ruffin and then you can feel free to introduce the amendment I believe. Correct.

03:39:01.553 --> 03:39:10.473
- Yes everyone. I want to first of all thank administration staff for providing information that was provided

03:39:10.473 --> 03:39:13.694
- in response to my questions from last.

03:39:14.370 --> 03:39:22.592
- last meeting where this was discussed but as Mr. McKim said when I someone I spoke to him about it on

03:39:22.592 --> 03:39:30.734
- the phone It might not satisfy your concerns, but here's the information and I appreciate the effort

03:39:30.734 --> 03:39:38.876
- very much and from planning transportation staff and receive or two so But a side question I noticed

03:39:38.876 --> 03:39:41.214
- in the list of projects that

03:39:42.658 --> 03:39:50.676
- Indiana Avenue project in a list of the traffic safety Projects the roadway projects, right and and

03:39:50.676 --> 03:39:58.854
- for a while there all the talk was Indiana Avenue was like sort of on accelerated pace it seemed like

03:39:58.854 --> 03:40:06.871
- to move forward and You know, there's nothing into this 10th Street. There's West Kirkwood. There's

03:40:06.871 --> 03:40:09.918
- What's what's why not Indiana Avenue?

03:40:17.474 --> 03:40:26.574
- Good evening. Andrew Seabor city engineer. Indiana Avenue was a project led and facilitated by our planning

03:40:26.574 --> 03:40:34.410
- and transportation department basically at a study level. It was ultimately presented to the

03:40:34.410 --> 03:40:43.173
- city transportation commission a version of it. The transportation commission voiced some concerns with

03:40:43.173 --> 03:40:46.206
- the proposal that they were shared.

03:40:46.370 --> 03:40:53.791
- and asked for another option to be reconsidered. Since that time basically the approach has been that

03:40:53.791 --> 03:41:01.284
- changing or further evaluations of Indiana would be more appropriate to do through the larger downtown

03:41:01.284 --> 03:41:08.705
- corridor study that's planned for next year. So we've talked a lot about a Kirkwood study but that is

03:41:08.705 --> 03:41:16.126
- going to be more than a Kirkwood study looking at downtown transportation facilities and how they all

03:41:16.450 --> 03:41:23.536
- off of each other so so it's essentially the plan is to look at Indiana and other facilities in the

03:41:23.536 --> 03:41:30.622
- downtown corridor area starting next year okay so just as quick follow-up to that so the university

03:41:30.622 --> 03:41:38.133
- being Indiana University it hasn't gotten involved or weighed in in any way shape or form on that project

03:41:38.133 --> 03:41:42.526
- for example I know the the city planning department primarily

03:41:42.818 --> 03:41:48.942
- Coordinated with a lot of stakeholders including Indiana University. I want to say it was either thing

03:41:48.942 --> 03:41:55.126
- was last week actually I joined a meeting with IU leadership and city planning staff just to talk about

03:41:55.126 --> 03:42:00.894
- transportation planning generally and there's some great opportunities where they are looking to

03:42:01.154 --> 03:42:08.812
- Initiate a transportation study of their own transportation plan for their campus And so that timing

03:42:08.812 --> 03:42:16.546
- aligns really well with what planning is looking to do next year to try to coordinate those two plans

03:42:16.546 --> 03:42:24.204
- To make sure they sync and work together Okay, thank you for that. I was just wondering in that list

03:42:24.204 --> 03:42:30.270
- of projects why I didn't see it so if I could make motion move my amendment and

03:42:30.978 --> 03:42:44.222
- I would need the assistance of Mr. Rossman and or mr. Allen Can you put the amendment up rather than

03:42:44.222 --> 03:42:57.465
- Is it did when the draft I sent to you Okay, thank you. Thank you very much So what my met what this

03:42:57.465 --> 03:43:00.350
- amendment does is it?

03:43:00.578 --> 03:43:11.313
- Cuts the bond amount in half to be sought that sorry we haven't is there a second. Oh, sorry anyway

03:43:11.313 --> 03:43:22.155
- Okay, go ahead introduce it this amendment would cut the amount of the bond in half and Restrict the

03:43:22.155 --> 03:43:30.206
- use of the proceeds of the bond funds to fully fund the firetruck and then

03:43:30.594 --> 03:43:38.789
- specific aspects of certain projects I don't are they listed in there what I meant the the lighting

03:43:38.789 --> 03:43:47.231
- the intersection lighting sidewalk and pavement reconstruction on 10th Street some of the details that

03:43:47.231 --> 03:43:55.999
- were included in in the project details and the reason the reason I'm the reason I'm doing this is because

03:43:55.999 --> 03:43:58.622
- I'm proposing this is because I

03:44:00.034 --> 03:44:10.231
- I don't feel like these two General major project proposals a two and a half million dollar needed fire

03:44:10.231 --> 03:44:20.232
- emergency vehicle with roadway projects that include, you know curb bump outs Whatever changes to the

03:44:20.232 --> 03:44:28.958
- roadway that we're seeing a lot all over town that I know are well intended and meant to

03:44:29.186 --> 03:44:40.986
- Intended to promote safety for all users, but in my experience They're not doing that they're the citizens

03:44:40.986 --> 03:44:52.345
- the community at large The majority my sense is are not happy with with what is going on and the irony

03:44:52.345 --> 03:44:55.102
- to them and to me too of

03:44:56.514 --> 03:45:04.505
- Large new emergency vehicle like this fire truck In the in the same bond funding restrictions to the

03:45:04.505 --> 03:45:12.416
- street constrictions and Deflections and modifications the street that will make it actually harder

03:45:12.416 --> 03:45:20.565
- and slower To use that piece of equipment I'm real quick. I just like to show right over here on South

03:45:20.565 --> 03:45:25.470
- Rogers the other day I rode my bike as I do most every day in

03:45:25.602 --> 03:45:34.354
- in this community. And can you run the little clips that I'd like to show? Run the one that's one minute

03:45:34.354 --> 03:45:42.773
- first. So this was just the other day. And the camera's mounted on a little mount on the front of my

03:45:42.773 --> 03:45:51.275
- bike. And I know these aren't well-intended. I'm not questioning anybody's intent at all. As a matter

03:45:51.275 --> 03:45:54.526
- of fact, I want to applaud the efforts

03:45:55.202 --> 03:46:02.323
- To try to make our streets safer by This is going if you can get it up this is simply running West yeah

03:46:02.323 --> 03:46:09.239
- run the run the minute one. That's a minute and seven. Okay, so here we are Crossing Rogers and this

03:46:09.239 --> 03:46:16.224
- is the new work. I'm on a bike that car just pulled in I'm you see the Nick so I'm as a bike list fun

03:46:16.224 --> 03:46:24.030
- cyclist funneling into that curb that's been placed on the left middle and on the right it's been brought out and

03:46:24.386 --> 03:46:32.295
- And so at a busy time, this was a relatively unbusy time late evening. But as you can see now, I don't

03:46:32.295 --> 03:46:40.051
- know why I hit a button that inadvertently slowed the way down. But if you're patient, you'll see as

03:46:40.051 --> 03:46:47.884
- I come through here that there's not room really for a car to go around me, which of course irritates

03:46:47.884 --> 03:46:53.182
- cars and makes them more resentful to cyclists when they get held up

03:46:53.378 --> 03:47:02.141
- in a situation like this. And then as you see, as you come out of this restriction, up ahead, you will

03:47:02.141 --> 03:47:10.733
- see right where the curb bumps out significantly right there, where the space between the car on the

03:47:10.733 --> 03:47:19.921
- right and the curb is that far. Now, if you could run the second one that's about 30 seconds or 40 seconds,

03:47:19.921 --> 03:47:22.814
- and then there's a 20 second one.

03:47:23.938 --> 03:47:31.442
- So then this is where it's relatively unmodified. There's room on the right. I'm riding in what would

03:47:31.442 --> 03:47:38.873
- be places for cars to park, and then there's a car coming through on the left. And right ahead of me

03:47:38.873 --> 03:47:46.378
- is this bump out deflecting device. This is what I'm headed right at. There's a curb coming right up,

03:47:46.378 --> 03:47:52.190
- covered by leaves, kind of dangerous. And you can see the opening right there.

03:47:52.770 --> 03:48:00.730
- forces me into into the roadway very much into the roadway and then you cross the intersection and as

03:48:00.730 --> 03:48:09.002
- you approach that curb bump out what if a car is coming behind me which and and not be look at the arrows

03:48:09.002 --> 03:48:16.962
- from the curb to the center line there and I'm a bike now I get around it and you can see it it opens

03:48:16.962 --> 03:48:20.318
- up again on the last ones the 22nd one and

03:48:23.202 --> 03:48:32.413
- So here you can get another good view of what we're talking about. This is farther on. These are just

03:48:32.413 --> 03:48:41.443
- as I'm writing down. This is one after the other as I'm headed west. The reason I want to show that

03:48:41.443 --> 03:48:50.473
- is we're seeing this all over town, these projects. And again, they're well intended, I know. But I

03:48:50.473 --> 03:48:53.182
- cannot vote for more of that.

03:48:55.394 --> 03:49:04.855
- When I want to but but I want to vote for the firetruck and for some of the things that are listed the

03:49:04.855 --> 03:49:14.040
- sidewalk reconstruction on 10th Street pavement improvements the lighting the improved lighting But

03:49:14.040 --> 03:49:23.501
- Millions more of which some is going to go to Those types of modifications the roadways I I can't I've

03:49:23.501 --> 03:49:25.246
- got it has to stop

03:49:26.018 --> 03:49:34.406
- We've had enough that we need to step step back and really look and try to assess what? What they're

03:49:34.406 --> 03:49:42.794
- doing for us. Are they really creating safety and how does the community how does the citizenry feel

03:49:42.794 --> 03:49:51.431
- about? these All of these things that large speed bumps curbs bump outs So I'm proposing this amendment

03:49:51.431 --> 03:49:52.926
- to fully fund the

03:49:53.058 --> 03:50:02.712
- The firetruck and some of the roadway improvements but not leave enough for carte blanche of these these

03:50:02.712 --> 03:50:11.905
- other types of projects because as we've seen We don't really have the ability To really dictate or

03:50:11.905 --> 03:50:21.559
- design or have a lot of input. I don't I don't I don't think the public has confidence that their wishes

03:50:21.559 --> 03:50:22.846
- and input and

03:50:23.042 --> 03:50:29.853
- is really taken into consideration when the designs are made. When I stopped my bike, when I've taken

03:50:29.853 --> 03:50:36.730
- those videos, I stopped on the street for a second at the intersection of Rogers and Maple, or I'm not

03:50:36.730 --> 03:50:43.407
- sure which one I was at. And a woman came out and said, what are you filming? And I said, well, I'm

03:50:43.407 --> 03:50:50.084
- concerned about these bump outs. And she goes, I live here. I have three young children. And I hate

03:50:50.084 --> 03:50:53.022
- them. So we walked to Building Crates Park.

03:50:53.378 --> 03:51:00.670
- We've crossed before these she said they've they confuse people. They don't slow down the traffic. They

03:51:00.670 --> 03:51:07.822
- confuse the traffic They make people nervous. It's we hate them and I've heard that in time and again

03:51:07.822 --> 03:51:15.114
- and and and and I'd also and when I turn around and came back and I went through one of the longer bump

03:51:15.114 --> 03:51:22.686
- outs I could tell there was a car right behind me couldn't get around me because there were cars coming and

03:51:22.850 --> 03:51:33.583
- West and I was going Easton and I could tell the guy behind me was just irritated just resentful That

03:51:33.583 --> 03:51:44.526
- there was he was put in that situation of waiting for me to to move through there. So I I Don't believe

03:51:44.526 --> 03:51:52.734
- we have a process that adequately takes into account Enough and consideration

03:51:52.834 --> 03:52:00.135
- and with enough time to really evaluate and carefully take input in. And the woman said to me, I'm a

03:52:00.135 --> 03:52:07.508
- resident here on the west side. When planning and transportation came and did what she called dog and

03:52:07.508 --> 03:52:15.386
- pony show, the design was in place. Nobody had any confidence that we were going to have very much influence

03:52:15.386 --> 03:52:22.398
- on the outcome. So thank you for giving me a significant amount of time to express my reasoning.

03:52:22.882 --> 03:52:29.792
- For wanting to do that for proposing this Again, it's I appreciate what staff and others want to do

03:52:29.792 --> 03:52:36.840
- But I just don't think it's what we're getting from these projects and I I don't want to see any more

03:52:36.840 --> 03:52:43.750
- of them go forward Let's take care of the potholes the bad condition our roads are in let's fix the

03:52:43.750 --> 03:52:50.660
- sidewalks. Let's do the lighting But let's be more thoughtful in retrospect now, we've got a lot of

03:52:50.660 --> 03:52:52.318
- these measures in place

03:52:52.450 --> 03:53:00.345
- Before we go and continue to do more of them So thanks very much. I really appreciate everybody's patience

03:53:00.345 --> 03:53:07.871
- and time, but it's upsetting to me I'm a I'm an I'm a cyclist. There's hardly a day in the last Let's

03:53:07.871 --> 03:53:15.545
- say start writing to McCullough school and I was in third grade. So I was eight or nine. There's hardly

03:53:15.545 --> 03:53:21.374
- been a day in 57 years that I haven't been on a bike in this town hardly a day

03:53:21.570 --> 03:53:29.246
- Winters and the council members can vouch that I ride here in snowstorms and It's it's it's really get

03:53:29.246 --> 03:53:36.921
- becoming. I'm a I'm a confident cyclist I'm one of the ones that's classified as strong and confident.

03:53:36.921 --> 03:53:44.522
- I Ride in the middle of traffic. I'm relatively fearless But when I was on Rogers the other day doing

03:53:44.522 --> 03:53:50.782
- that ride, I was a little Nervous and it takes a lot to get me nervous on a bicycle

03:53:51.970 --> 03:54:01.651
- So thank you. Thank you. Councilmember F. Any questions for the sponsor here. Councilmember Stossberg

03:54:01.651 --> 03:54:03.454
- question of staff.

03:54:05.250 --> 03:54:12.755
- How does this affect your long-term bond planning to essentially cut this in half because and I don't

03:54:12.755 --> 03:54:20.848
- So when this was first introduced at first reading they were limited to 20 minutes total for the presentation

03:54:20.848 --> 03:54:28.205
- and for any questions And I know that that presentation was rushed I could tell that that was quite

03:54:28.205 --> 03:54:34.974
- rushed. So I'm not sure how much it was absorbed by council members the long-term plan that

03:54:35.074 --> 03:54:42.366
- you guys are operating under right now in terms of go bonds, in terms of how bonding has had to shift

03:54:42.366 --> 03:54:49.515
- in terms of SEA 1 and the restrictions on bonds. So if you could maybe reflect on that a little bit

03:54:49.515 --> 03:54:53.662
- for us, that would be great. Thanks. Thank you very much.

03:54:53.922 --> 03:55:03.081
- I will first say that you are absolutely right that just due to our general restrictions now on property

03:55:03.081 --> 03:55:12.588
- taxes, GO bonds really provide our primary means of raising funds for capital projects, capital investments.

03:55:12.588 --> 03:55:21.398
- And we've been working with Reedy Financial on our, as you well know, being on the fiscal committee,

03:55:21.398 --> 03:55:23.230
- our long-range plan.

03:55:23.362 --> 03:55:32.410
- the What their analysis has showed is we pretty much have to rely on Geo bonds to be able to continue

03:55:32.410 --> 03:55:41.902
- to maintain An appropriate level of investment in capital. We just simply don't have the the other sources

03:55:41.902 --> 03:55:47.934
- of revenue I would like to maybe have mr. Seabor if he has a second

03:55:48.034 --> 03:55:55.262
- Talk about in particular the because some of these projects that are part of this proposal actually

03:55:55.262 --> 03:56:02.489
- do leverage MPO funding and other sources of funding and I kind of want to make sure that that that

03:56:02.489 --> 03:56:09.862
- we understand that The degree to which the this is actually leveraging other other projects the other

03:56:09.862 --> 03:56:16.222
- thing I will say is that the costs the transaction costs of doing a bond are relatively

03:56:16.962 --> 03:56:23.757
- Are relatively similar for a seven million dollar bond or six point eight million dollar bond and a

03:56:23.757 --> 03:56:30.687
- three point four million dollar bond So it's definitely less efficient to do it doesn't mean it can't

03:56:30.687 --> 03:56:37.549
- be done But it's just it is less efficient to do smaller bonds rather than larger bonds and it might

03:56:37.549 --> 03:56:44.548
- mean that we make our kind of current thought in terms of Proposal in terms of funding these long-term

03:56:44.548 --> 03:56:46.654
- capital plans is to do rolling

03:56:46.754 --> 03:56:56.205
- six-year bonds every three years So depending on council priorities for projects we may need to accelerate

03:56:56.205 --> 03:57:05.214
- that process rather than doing them only once every three years, but mr. Seaboard, can you comment in

03:57:05.214 --> 03:57:14.046
- particular on the The degree to which these these projects leverage Yeah, happy to discuss that and

03:57:14.046 --> 03:57:16.254
- any other questions that

03:57:16.546 --> 03:57:23.765
- Council members may have the specifically in this bond there are Two projects focused on crosswalk safety

03:57:23.765 --> 03:57:30.985
- that the bond I think it's the crosswalk improvements, which is Number three on the screen. We're looking

03:57:30.985 --> 03:57:38.272
- at right here. That's crossed out would fund the construction inspection of a project focused on improving

03:57:38.272 --> 03:57:41.950
- crosswalks near Tri-North and over by Kroger East and

03:57:42.210 --> 03:57:48.176
- The project's already been funded by design and next year's budget which was approved has the construction

03:57:48.176 --> 03:57:53.752
- funding This is just the inspection funding to make sure we can leverage those federal funds And is

03:57:53.752 --> 03:57:59.327
- also the design of a future crosswalk safety project that we don't have a defined scope for because

03:57:59.327 --> 03:58:04.959
- this would fund the design that we would develop that scope and present what that would look like to

03:58:04.959 --> 03:58:10.590
- the Transportation Commission. So those are two projects that have federal funding that we might not

03:58:10.754 --> 03:58:18.644
- Be able to utilize without without the bond There were other opportunities to potentially just leverage

03:58:18.644 --> 03:58:26.687
- other projects focusing on maintenance, but those were the two with federal funding I wanted to highlight

03:58:26.687 --> 03:58:34.046
- Mr. Seaborg, could you just elaborate a little bit more? Could you I mean so customer rough just

03:58:34.498 --> 03:58:42.436
- Talked at length about narrowing of roadways that cause very hazardous conditions for bicycles. Is that

03:58:42.436 --> 03:58:50.146
- part of this? I'm not sure how to respond to the statement. I don't I don't know what we're doing is

03:58:50.146 --> 03:58:57.855
- Creating hazardous conditions if anything we are implementing Safety countermeasures in City Council

03:58:57.855 --> 03:59:03.198
- adopted plans. So I'm just not sure how there's a trade-off there and

03:59:03.522 --> 03:59:10.037
- I mean if bicyclists use this a road and it in its intermittently narrowed such it forces you into traffic

03:59:10.037 --> 03:59:16.369
- That's hazardous for the bicyclist. I guess now that could be a crosswalk as well So it's might be good

03:59:16.369 --> 03:59:22.640
- for the for the pedestrian But I'm but I'm kind of conflicted here because I don't want to do anything

03:59:22.640 --> 03:59:28.851
- that causes an accident for bicyclists Which I know I've been in one for sure Absolutely, and I guess

03:59:28.851 --> 03:59:29.886
- just to be clear

03:59:30.082 --> 03:59:36.698
- What is being narrowed isn't a space that bicyclists would be expected to legally ride. Bicyclists would

03:59:36.698 --> 03:59:43.377
- be either in a bike lane that would be maintained or in the vehicular lane or on a sidewalk. Those points

03:59:43.377 --> 03:59:50.183
- would not be pinched down any further by any of these projects. I thought roadways were open to bicyclists,

03:59:50.183 --> 03:59:56.862
- but you're saying it would be prohibited. Is there a sign that says bicycles are prohibited on that road?

03:59:57.026 --> 04:00:04.767
- I don't think that's what I said and if I did I'm sorry Bicycles are not prohibited from riding in the

04:00:04.767 --> 04:00:12.584
- roads Okay, what did you say you said that there well, it was the opposite but I Think bikes if they're

04:00:12.584 --> 04:00:15.966
- you said they wouldn't be using that road. I

04:00:16.322 --> 04:00:22.278
- Where you so in other words down any area a bicyclist would be expected to be riding So if there is

04:00:22.278 --> 04:00:28.234
- a bike lane We would be maintaining a bike lane if there is no bike lane bikes would either ride in

04:00:28.234 --> 04:00:34.428
- the vehicle lane That would still be maintained or on the sidewalk that would be enhanced Okay, so they

04:00:34.428 --> 04:00:40.444
- should be sharing the lane with a car or riding in a sidewalk that and they would be doing that with

04:00:40.444 --> 04:00:43.422
- or without these projects Uh-huh. Okay. Thanks. I

04:00:44.482 --> 04:00:55.813
- Thank you so much. Other questions. Okay. This is on the amendment. Okay. Is there any public comment

04:00:55.813 --> 04:01:07.367
- on the amendment. Councilman question. So this is for staff. So on the 10th Street project the document

04:01:07.367 --> 04:01:14.366
- provided says reconstructing sidewalks curb ranks drive aprons

04:01:14.466 --> 04:01:21.051
- widening sidewalks adding full height curb tree plots grass buffers between the sidewalk and street

04:01:21.051 --> 04:01:27.966
- second raised intersections and uncontrolled intersections along the corridor installing traffic calming

04:01:27.966 --> 04:01:35.210
- closing driveways where it's feasible installing traffic calming. That's that's too general for me installing

04:01:35.210 --> 04:01:41.598
- traffic calming. And that's what a lot of the things we're seeing around town are. And again I'm

04:01:42.082 --> 04:01:50.641
- I know I hope I don't come across as trying to be even be critical of staff. I just because I know it's

04:01:50.641 --> 04:01:59.283
- all meant to make Bloomington better and safer. But from what I'm experiencing and from what I'm hearing

04:01:59.283 --> 04:02:07.924
- from lots of people it's not coming out that way. It's not working out that way. And if you look through

04:02:07.924 --> 04:02:09.982
- these projects there are

04:02:12.034 --> 04:02:18.153
- References to things like bump outs curb bump outs and traffic calming just kind of randomly in the

04:02:18.153 --> 04:02:24.577
- places and just in the project descriptions, right with that and If we're if we're at the comment period

04:02:24.577 --> 04:02:30.757
- I can make a kind of make a final comment. Okay. Okay. I was gonna kind of make a final so let me go

04:02:30.757 --> 04:02:31.614
- to public and

04:02:31.810 --> 04:02:39.918
- And then we'll come back if you want to make your final comment here Okay, so public comment on the

04:02:39.918 --> 04:02:48.351
- amendment would anybody like to make a comment on the amendment And don't don't hurt yourself take your

04:02:48.351 --> 04:02:56.460
- time Paul or so again briefly I think the fundamental problem here with what's been discussed about

04:02:56.460 --> 04:03:01.406
- the trade-off between pedestrian safety and bicycling safety

04:03:01.634 --> 04:03:10.232
- is that we're fundamentally asking engineering to do something that's really difficult to do, that should

04:03:10.232 --> 04:03:17.776
- be done by enforcement. And that's underlying so many things that go on in Bloomington these

04:03:17.776 --> 04:03:26.293
- days, unfortunately. Mr. Seaborg is suggesting that if there are bump outs, then the safe way to proceed

04:03:26.293 --> 04:03:30.430
- down the street is to what's called take the lane.

04:03:30.562 --> 04:03:38.605
- becomes a more tenable proposition if the Driver of the car does not have an expectation to go down

04:03:38.605 --> 04:03:46.809
- that street faster than the speed limit Which they do? Thank you Anyone else in chambers like to make

04:03:46.809 --> 04:03:55.174
- a public comment Anyone online Okay, there are two people online First person I assume you'll know it's

04:03:55.174 --> 04:03:56.702
- you you can go and

04:04:04.642 --> 04:04:12.440
- Maybe we don't know it's you. Sorry, I was not clear that my name is Iris Bull. I recognize that...

04:04:12.440 --> 04:04:20.395
- I didn't catch your name. I'm so sorry, and we'll give you your time back. It's okay. My name is Iris

04:04:20.395 --> 04:04:28.349
- Bull. Thank you, Iris. Yeah, I just wanted to observe that the video that council member was shooting

04:04:28.349 --> 04:04:32.638
- is in an active construction zone that is not finished

04:04:32.770 --> 04:04:40.683
- and so some of the payment markings will be changing. Just think that it's not a really fair comparison

04:04:40.683 --> 04:04:48.368
- to criticize the experience of riding on the roadway when there's so much contributing to confusion.

04:04:48.368 --> 04:04:56.433
- But also I think that the whole purpose of the Transportation Commission is exactly to bring up questions

04:04:56.433 --> 04:05:01.150
- like when and where do we install bump outs? I think that the

04:05:01.314 --> 04:05:08.843
- The financing question here is to enable our staff to do anything. But cutting them off at the knees

04:05:08.843 --> 04:05:16.521
- is not a good use of staff time. I just don't know what we're supposed to do in the city if individual

04:05:16.521 --> 04:05:24.050
- council members are allowed to target projects this way. I don't know. It just feels like what's the

04:05:24.050 --> 04:05:29.566
- whole point of the Transportation Commission if this is what city council

04:05:30.082 --> 04:05:40.085
- conversations are, this is where we're supposed to have those conversations. So thank you. Thank you

04:05:40.085 --> 04:05:49.989
- very much. Next person online. I think that's me. We will assume so as well. Okay, because normally

04:05:49.989 --> 04:05:58.110
- there's a prompt that says you can unmute yourself, but there was no such prompt.

04:05:58.274 --> 04:06:06.035
- Good evening, my name is Eric Ost and I appreciate this opportunity to speak with you again. I was intending

04:06:06.035 --> 04:06:13.439
- to be in chambers, but it was not to be. I applaud council member Ruff for saying what needs to be said

04:06:13.439 --> 04:06:20.915
- out loud in public. I'm a bicyclist, a pedestrian and also an automobile driver. I speak with confidence

04:06:20.915 --> 04:06:27.038
- and based on my lived experience when I say that the traffic calming Greenway program

04:06:27.266 --> 04:06:35.297
- and delegation of authority for traffic control and regulation has resulted in outcomes that are questionable

04:06:35.297 --> 04:06:42.598
- at best. There are insufficient warrants for many of the traffic safety projects. Accident data and

04:06:42.598 --> 04:06:49.899
- other data is critical to ascertain warrant. I'm a big believer in trusting but verifying. Accident

04:06:49.899 --> 04:06:54.718
- data is being intentionally withheld under a presumed prohibition

04:06:54.882 --> 04:07:02.547
- that is proven false by the fact that accident data or accident reports, let me use the correct term,

04:07:02.547 --> 04:07:10.061
- accident reports are being published by other municipalities. The transportation plan was a general

04:07:10.061 --> 04:07:17.952
- and imprecise prospectus that is being repeatedly referenced as council approval for all of the projects

04:07:17.952 --> 04:07:24.414
- that staff and consultants design. I respect our staff. I know that they are sincere.

04:07:25.474 --> 04:07:35.327
- I sympathize with the previous comment in regards to staff's role and charge. But I also want to point

04:07:35.327 --> 04:07:44.893
- out that not too long ago, plans and projects came before the council. At this point, the council's

04:07:44.893 --> 04:07:53.790
- only authority, remaining authority, until it restores it, which it can and should do, is to

04:07:54.050 --> 04:08:02.594
- not appropriate money. The Safe Streets for All Plan, which a lot of this is being driven by, states

04:08:02.594 --> 04:08:11.224
- an unattainable goal, which is zero fatalities and injuries on public streets. It's noble, admirable,

04:08:11.224 --> 04:08:20.106
- but terribly naive. I have some other things to say. You know, the seven line project should be a golden

04:08:20.106 --> 04:08:23.998
- example. The Hawthorne Weatherstone Greenway,

04:08:25.346 --> 04:08:32.200
- The proposal for East Rogers Road, an arterial, is going to propose to have vertical deflection devices

04:08:32.200 --> 04:08:39.187
- installed on it. The common council should require all projects that make permanent changes to the public

04:08:39.187 --> 04:08:46.107
- right of way to come before the council for final review and approval. It is their legislative authority

04:08:46.107 --> 04:08:52.764
- under Indian code. Furthermore, the council should change Bloomington municipal code if necessary to

04:08:52.764 --> 04:08:53.950
- require follow-up

04:08:54.498 --> 04:09:04.605
- that the proposed outcomes are actually making streets safer. I appreciate this opportunity. So I support

04:09:04.605 --> 04:09:14.522
- the amendment, and I request that you do so as well. Thank you. Thank you so much. All right. Are there

04:09:14.522 --> 04:09:23.390
- any other commenters online? No. More in chambers? Is that OK? It is OK. It is the time. OK.

04:09:24.162 --> 04:09:32.378
- I said my name, I've never done this, I didn't plan on coming up. I'm Hank Ruff, and I plan to just

04:09:32.378 --> 04:09:40.759
- come to see Dave give his AI presentation, but after seeing and listening to this, my question is, or

04:09:40.759 --> 04:09:48.318
- comment is, why, you know, I've lived here 27 years now, and you know, I've never heard of,

04:09:48.546 --> 04:09:55.869
- pedestrian, tons of pedestrian accidents, maybe I'm just uninformed, but it seems like the city's always

04:09:55.869 --> 04:10:02.982
- obsessed with fixing things that aren't broken. You know, we put speed bumps all over on High Street,

04:10:02.982 --> 04:10:09.956
- all through, off of Eagleson, or First Street, and I just, it seems like these type of things don't

04:10:09.956 --> 04:10:17.070
- really do anything that is, there's no issues right now, it seems like. So, I guess that's all I have

04:10:17.070 --> 04:10:18.046
- to say on it.

04:10:18.146 --> 04:10:27.676
- tried to fix things that aren't broke it seems like so yeah thank you so much anyone else like to give

04:10:27.676 --> 04:10:37.021
- public comment all right we'll come back to council for comment on amendment one all right your time

04:10:37.021 --> 04:10:42.942
- for your comment but noting the time we almost made it you know

04:10:44.898 --> 04:10:52.054
- I'm not just talking about a bike. I'm just using example because I do bike like but I drive all the

04:10:52.054 --> 04:10:59.493
- time too and I find them dangerous my mother my 87 year old mother hit one of those bump outs and Really

04:10:59.493 --> 04:11:06.577
- it was traumatized by it by hitting one of those things in her, you know in her car So it's I'm not

04:11:06.577 --> 04:11:13.662
- just talking about bicycle. I'm just talking about the overall on the roadways and the I understand

04:11:13.794 --> 04:11:20.328
- This is an important funding source. But again, we're borrowing money. We're still borrowing money and

04:11:20.328 --> 04:11:27.115
- paying it back with interest. It's a bond Right. It doesn't make sense to say because this is an important

04:11:27.115 --> 04:11:34.029
- way to get money So we're gonna borrow it and do projects that aren't that aren't really worth and providing

04:11:34.029 --> 04:11:39.294
- the return in benefits to the city to the community to the people of community and

04:11:39.682 --> 04:11:47.132
- To justify it that doesn't make sense to me Maybe I've heard talked at the bus that there there's some

04:11:47.132 --> 04:11:54.728
- kind of crisis at transit all of a sudden and they're gonna be cutting cutting roots and you know, maybe

04:11:54.728 --> 04:12:01.961
- Full sure take all this the whole bond Not my proposed half but the whole thing and and and use it.

04:12:01.961 --> 04:12:08.254
- Can we not use it for for transit? Rather than then more of what we've been seeing and

04:12:09.858 --> 04:12:18.301
- And finally last comment. This is my realest comment We say I see this a lot And I hear it all the time

04:12:18.301 --> 04:12:26.419
- City Council adopted plans City Council did not adopt a plan that shows the details of What will be

04:12:26.419 --> 04:12:34.780
- done or what is proposed to be done or what on for these projects? The Hawthorne Weatherstone Greenway

04:12:34.780 --> 04:12:39.326
- was a line on a map saying all this would be a greenway

04:12:40.802 --> 04:12:49.485
- Right. What it turned into in my opinion was a fiasco and a waste of eight hundred thousand dollars

04:12:49.485 --> 04:12:58.341
- that we have a lot of demands and use for in this community. So it is to me it is disingenuous to say

04:12:58.341 --> 04:13:06.590
- point to council council approve approve these plans. We never approve the kind of detail that

04:13:07.586 --> 04:13:14.054
- Ends up being done. We don't and anymore. We don't even get any say in it like we used to so thank you

04:13:14.054 --> 04:13:20.333
- Thank you councilmember councilmember, we'll just go down the line then go ahead. Yeah flirty first

04:13:20.333 --> 04:13:27.051
- I know it's late. We don't need to labor all this suffice to say we have some very very different opinions

04:13:27.051 --> 04:13:33.456
- up here on the Council I do want to address a few things I think Conceptually, I think it's important

04:13:33.456 --> 04:13:34.398
- to think about

04:13:35.202 --> 04:13:40.870
- how we approach things. I appreciate Iris Bull's comments. I try to take an approach of evidence-based

04:13:40.870 --> 04:13:46.484
- decision-making rooted in community-defined goals and data. And communities are very good at defining

04:13:46.484 --> 04:13:52.207
- high-level goals. We have defined some of them, like, you know, trying to have fewer deaths and serious

04:13:52.207 --> 04:13:57.545
- injuries in our streets. The younger Mr. Ruff commented and asked about that. From 2019 to 2023,

04:13:57.545 --> 04:14:02.718
- we had 10,291 crashes in Bloomington. 443 of those ended in life-changing injury or fatality.

04:14:03.394 --> 04:14:09.184
- Nate Stratton, an IU student, was killed on North Walnut because we didn't have safe infrastructure

04:14:09.184 --> 04:14:15.321
- for scooters and bicycles. We had a law student, Perva Sethi, killed at 3rd and Washington Street because

04:14:15.321 --> 04:14:21.285
- someone was turning right on red and didn't look. These things happen all the time. We've had multiple

04:14:21.285 --> 04:14:26.206
- deaths on Indiana Avenue. They do happen all the time, and the cost is catastrophic.

04:14:27.618 --> 04:14:34.533
- Our vision zero goal, which is legislatively established is what staff is trying to achieve with with

04:14:34.533 --> 04:14:41.719
- these evidence-based data-backed Strategies that are not based on guesses. They're based on meta analysis

04:14:41.719 --> 04:14:48.702
- of worldwide design infrastructure choices things like bumpouts that shorten cross distances that save

04:14:48.702 --> 04:14:53.854
- lives things that shorten turn radiuses things that block off the turn from

04:14:54.018 --> 04:15:00.060
- Across a lane of traffic to get to the gas station at the southwest corner of 6th and Rogers these things

04:15:00.060 --> 04:15:05.988
- do save lives and prevent crashes And we're not guessing to mr. Ost's point about You know the evidence

04:15:05.988 --> 04:15:11.689
- for these things we can look to peers that are ahead of us That's true about their cities in the US

04:15:11.689 --> 04:15:17.560
- and it's true of Europe where in the 90s they had 75,000 plus deaths a year in their streets more than

04:15:17.560 --> 04:15:20.638
- two and a half times what the US had at that time and

04:15:21.090 --> 04:15:26.664
- That has plummeted through their Vision Zero goals to less than 20,000 a year. In the same amount of

04:15:26.664 --> 04:15:32.182
- time, the US has increased by about 30%. Now, we have double what they have, 40,000 traffic deaths,

04:15:32.182 --> 04:15:38.032
- fatalities a year. And with much respect to Mr. Russo, I really do believe that design is the predominant

04:15:38.032 --> 04:15:43.881
- factor. And I think that's borne out even greater than enforcement. That's not to say enforcement doesn't

04:15:43.881 --> 04:15:48.958
- have a role. It does. But I don't think we can rely on that. I think design is the biggest.

04:15:49.058 --> 04:15:54.697
- biggest feature. Again, I know Mr. Ruff, Council Member Ruff, disagrees with me about this. I believe

04:15:54.697 --> 04:16:00.281
- he's well-intentioned in the same way he's crediting staff for being well-intentioned. I don't think

04:16:00.281 --> 04:16:05.921
- anybody's questioning that for any of us. But for me, it's not about whether or not we bike ourselves

04:16:05.921 --> 04:16:11.449
- and what our experience is. I also bike. That's all well and good. To me, it's about statistics and

04:16:11.449 --> 04:16:16.978
- evidence in a kind of larger sense. And I generally, you know, is staff going to get it right every

04:16:16.978 --> 04:16:17.918
- single time? No.

04:16:18.114 --> 04:16:22.336
- Overall, they're doing a pretty dang good job on following those evidence-based strategies

04:16:22.336 --> 04:16:26.558
- for implementation. And we'll also just note that I do think the Transportation Commission

04:16:26.754 --> 04:16:31.835
- Is a good venue that has been an improvement of process to field these kind of questions and input from

04:16:31.835 --> 04:16:36.917
- residents do change design Considerations just recently between how and or between second and and third

04:16:36.917 --> 04:16:41.998
- on Rogers There were some adjustments to the final design choices. They're based on resident input from

04:16:41.998 --> 04:16:47.177
- the neighborhood for instance So I know those things do happen. I know not everybody's gonna be satisfied

04:16:47.177 --> 04:16:52.112
- with all this. I don't doubt that Councilmember rough mr. Ost here from residents neighbors that are

04:16:52.112 --> 04:16:53.822
- disgruntled about these things and

04:16:54.114 --> 04:17:00.446
- You know, some people don't like to walk their dogs on a leash. Some people don't want to drive the

04:17:00.446 --> 04:17:06.778
- speed limit These these things are all true. But you know to me the the life saving Evidence behind

04:17:06.778 --> 04:17:13.363
- all this is it makes it strongly worth it. So I won't be supporting the amendment. Thank you Thank you,

04:17:13.363 --> 04:17:19.948
- um, I wanted councilmember Flaherty to go first because I kind of knew that I could second most of what

04:17:19.948 --> 04:17:21.214
- he said in terms of

04:17:21.346 --> 04:17:28.990
- the aspects of safety and just kind of I think having to agree to disagree with councilmember rough

04:17:28.990 --> 04:17:37.017
- over his perspective and some other community members I'm sure too in terms of how some of these changes

04:17:37.017 --> 04:17:44.814
- have impacted the streets and whether or not it's I Mean data will tell us whether it's safe or right

04:17:44.814 --> 04:17:48.254
- but data can't tell us that for a little bit

04:17:48.418 --> 04:17:54.613
- I appreciate as a cyclist that yeah, sometimes you go slower and there's a car behind you that's kind

04:17:54.613 --> 04:18:00.748
- of riding up your butt and it's really uncomfortable. Well, you know what? That's the car's problem.

04:18:00.748 --> 04:18:06.944
- That is the driver's problem. And we have a horrible epidemic of really, really inconsiderate drivers

04:18:06.944 --> 04:18:13.321
- who don't care to share the road, who don't care to slow down. And as Council Member Flaherty just said,

04:18:13.321 --> 04:18:18.302
- enforcement only goes so far by design. Design has to force drivers to slow down.

04:18:18.786 --> 04:18:25.285
- And that's not a Bloomington problem. That is a nationwide problem right now in terms of crashes and

04:18:25.285 --> 04:18:31.848
- Accidents and all of those things have have gone up nationwide. It is it is an issue so Second all of

04:18:31.848 --> 04:18:38.540
- that but as an aside in terms of actually thinking about this as a bond that that we're borrowing money

04:18:38.540 --> 04:18:41.886
- so two things first of all, I said last time at the

04:18:41.986 --> 04:18:47.078
- the first reading that one of the reasons why I decided that I would sponsor this, first of all, everything

04:18:47.078 --> 04:18:52.169
- needs a sponsor at this point, right? So I'm not necessarily going to agree with everything that I sponsor,

04:18:52.169 --> 04:18:55.422
- but I think it's really important to put things before folks, right?

04:18:55.554 --> 04:19:02.178
- But one of the things that struck me was this idea of we only have so much money. And if we were thinking

04:19:02.178 --> 04:19:08.428
- about a capital investment of our own, like personal finances, I'm going to buy a car, I'm going to

04:19:08.428 --> 04:19:14.740
- buy a house, I'm going to put a new roof on, whatever it is, you're going to save money up, and then

04:19:14.740 --> 04:19:21.176
- you're going to do it. And that that just doesn't really work in municipal finances, because then what

04:19:21.176 --> 04:19:24.926
- you're doing is you're saving tax dollars that these people

04:19:25.410 --> 04:19:32.600
- Paid but then you're using it over here and these people are going to take advantage of it so the folks

04:19:32.600 --> 04:19:39.652
- that paid for it aren't getting to take advantage of it and so by borrowing by doing that bonding the

04:19:39.652 --> 04:19:46.634
- people who are paying for it also get to take advantage of it and so the thing that we can you know,

04:19:46.634 --> 04:19:53.548
- potentially debate is these these projects, but I Don't think that it is wise to reduce the overall

04:19:53.548 --> 04:19:54.654
- bond amount and

04:19:55.010 --> 04:20:03.271
- Because as Mr. McKim said, that our fees, our overhead, all of that is going to be the same no matter

04:20:03.271 --> 04:20:11.775
- what. And so if we're just looking at it from a very straight financial perspective, it makes zero sense

04:20:11.775 --> 04:20:19.550
- to reduce the bond. And if we want to have, if the majority of folks up here don't want to fund

04:20:20.802 --> 04:20:26.741
- these particular projects with it, then I think that that should be the discussion, not the overall

04:20:26.741 --> 04:20:32.799
- bond amount. But secondly, in terms of what the cut is, it's the 10th Street money and the 3rd Street

04:20:32.799 --> 04:20:38.857
- money, essentially. But that 3rd Street money, to my understanding, is about signal modernization, is

04:20:38.857 --> 04:20:44.856
- about those traffic signals there. And I've noticed, since I was at the first bond meeting, and I've

04:20:44.856 --> 04:20:50.142
- gone through that intersection, and I've gone, oh yeah, those are the old ones up there.

04:20:51.074 --> 04:20:56.902
- And it's a really huge difference. I was in, I think that I mentioned at some point, I was in Michigan

04:20:56.902 --> 04:21:02.955
- a few times recently. And I hadn't really, you know, we have the new traffic signals with like the orange.

04:21:02.955 --> 04:21:08.726
- They're like color different, right? And they really do stand out. And I didn't realize how much they

04:21:08.726 --> 04:21:14.724
- were standing out until I went through a town with all old signals. And I was like, oh yeah, I can barely

04:21:14.724 --> 04:21:15.742
- see those at all.

04:21:16.002 --> 04:21:21.976
- those modern modern signals make a make a really big difference and that's the majority of I mean that's

04:21:21.976 --> 04:21:27.722
- half of what Councilmember Ruff is proposing to cut and that doesn't necessarily have anything to do

04:21:27.722 --> 04:21:33.469
- with curb ramps and puff outs or bump outs so I think that I mean I'm certainly not going to support

04:21:33.469 --> 04:21:39.386
- this amendment and I would urge my colleagues not to you and if there are a majority that have concerns

04:21:39.386 --> 04:21:45.246
- over those particular expenses that This get figured out a different way not by cutting the bond money

04:21:52.578 --> 04:22:00.781
- As a follow-up to public comment Mr. Seabor I just so so that but the transportation plan was Published

04:22:00.781 --> 04:22:08.905
- seven and a half years ago. So we've implemented a lot of these projects Are there are there and we're

04:22:08.905 --> 04:22:17.345
- data driven. I agree. We should be Do we have reports that show that these changes have reduced accidents?

04:22:17.345 --> 04:22:20.894
- could you point to like 7th Street and say I

04:22:21.570 --> 04:22:28.769
- we have fewer accidents there or to other projects to say it's worked? Yeah. We're talking about a lot

04:22:28.769 --> 04:22:35.829
- of projects. Some of which have absolutely nothing to do with the bond. But we in engineering do try

04:22:35.829 --> 04:22:43.098
- to collect before and after data on our projects to assess their impact. So what were the speeds before

04:22:43.098 --> 04:22:50.158
- a project? What were the speeds after the project? Crash data takes more time to collect. Seven line

04:22:50.158 --> 04:22:51.486
- over time crashes.

04:22:51.586 --> 04:22:59.419
- They are down compared to where they were before they project significantly, especially since the always

04:22:59.419 --> 04:23:07.327
- stops have gone back up So accidents have decreased on 7th Street. Yes. Okay, and is that data published?

04:23:07.327 --> 04:23:14.787
- Can we can you can we view it like tomorrow? There is a I know online public forum where people can

04:23:14.787 --> 04:23:21.054
- see crash data Okay That is available. Okay, great so we can put that out to people

04:23:21.954 --> 04:23:33.173
- Okay, thank thank you that that helps I'll just make a very brief comment because I think I have a Maybe

04:23:33.173 --> 04:23:43.858
- a different view and I'm probably wrong, but I not you know not being an engineer You know, I think

04:23:43.858 --> 04:23:51.230
- that the the broader issue is that we're making systemic analysis of

04:23:51.938 --> 04:23:57.651
- a small portion of things and I think that a lot of the things we're trying to do I think is councilman

04:23:57.651 --> 04:24:03.198
- Ferdi's pointed out really is a whole of system approach and you know, I think our biggest challenge

04:24:03.198 --> 04:24:08.691
- really is that like we haven't finished a lot of our projects and we're like really behind on a lot

04:24:08.691 --> 04:24:13.470
- of our projects and I think you know even in the video that councilmember rough showed

04:24:13.602 --> 04:24:19.123
- I mean, the thing that's remarkable to me is the inconsistency, right? So you're on a road that's like

04:24:19.123 --> 04:24:24.538
- this, and then you're on a road that's like that, and then we have a bump out here. And so you don't

04:24:24.538 --> 04:24:30.059
- know what to expect. And I've been saying for three years, and try it a whole different way this year,

04:24:30.059 --> 04:24:35.581
- and fail. And I guess I just fail all the things. But this is an area where we need to be putting more

04:24:35.581 --> 04:24:41.102
- money, simply stated, far beyond what we're investing right now in our infrastructure. And I wish that

04:24:41.102 --> 04:24:43.568
- we could accelerate a lot of this investment.

04:24:43.568 --> 04:24:50.137
- place to either reallocate funds or spend some of our reserves. I don't know how much of a swing that

04:24:50.137 --> 04:24:56.706
- would make something I'd love to hear, but generally speaking, I just think the issue is that you can

04:24:56.706 --> 04:25:03.146
- sort of take a snapshot of a thing that's a part of a broader system and then make a judgment about

04:25:03.146 --> 04:25:06.430
- the whole system by just looking at that snapshot.

04:25:07.010 --> 04:25:15.545
- Though I very much appreciate the approach here. I also very much appreciate the concerns that Councilmember

04:25:15.545 --> 04:25:23.689
- Ruff has brought up. I won't be voting for the amendment but I'm very grateful for all of the work that

04:25:23.689 --> 04:25:31.598
- you've put in. Thank you sir. OK. With that will the clerk please call the roll on the amendment and

04:25:31.598 --> 04:25:36.062
- then we'll come back and then we'll do some more things.

04:25:36.930 --> 04:25:45.831
- I believe you're on council member. I don't know. It doesn't really matter to us. For bond council they've

04:25:45.831 --> 04:25:54.399
- asked they've requested that we go ahead and close the public hearing at the end before we vote on any

04:25:54.399 --> 04:26:03.550
- amendment so that the vote on the amendment is not part of the additional appropriation of the bond proceeds.

04:26:03.938 --> 04:26:11.432
- But so but we'll have another time of public comment we will have another time of public comment for

04:26:11.432 --> 04:26:19.001
- the entire ordinance That's correct. Do we have to listen? Do we have to listen to my jokes jokes? Go

04:26:19.001 --> 04:26:21.598
- ahead and close it sir Yes, please

04:26:21.954 --> 04:26:31.315
- This officially closes the time of public hearing for the appropriation of bond proceeds. That was a

04:26:31.315 --> 04:26:40.213
- notice in Gateway and properly now we can proceed with the vote. Thank you very much. So regal.

04:26:40.213 --> 04:26:49.853
- Thank you. Will the clerk please call the roll. Council member Ruff Flaherty Stasberg no Piedmont Smith

04:26:49.853 --> 04:26:51.614
- sorry no daily no.

04:26:52.034 --> 04:26:59.993
- No Okay, thank you very much that does not pass but thank you councilmember Ruff for your work on this.

04:26:59.993 --> 04:27:07.876
- Okay, we are back Where are we we did the questions we did all that let's do public comment now on the

04:27:07.876 --> 04:27:15.529
- on the bond This is your last chance to give public comment on the proposed bond. Would anyone like

04:27:15.529 --> 04:27:18.590
- to give comment on the proposed bond? I

04:27:22.018 --> 04:27:31.864
- Anyone online. Oh Well, that comes back to us Okay question from councillor Pima Smith Yes, mr. McKim

04:27:31.864 --> 04:27:41.710
- the tax rate accompanying the bond is point zero two four nine Per hundred dollars of assessed value.

04:27:41.710 --> 04:27:50.494
- Is that correct? Yeah, I'm actually going to I could answer too, but I am going to allow a

04:27:50.850 --> 04:28:00.167
- Justin Chang since he's been here all evening Okay, perfect, thank you Justin Chang was really financial

04:28:00.167 --> 04:28:09.484
- group been outside the entire night happy to be here Totally fine I'm sorry. It was the question whether

04:28:09.484 --> 04:28:17.470
- the tax rate on the bond point zero two four nine was that if you could just give us some

04:28:17.890 --> 04:28:25.296
- Information about the actual impact to rate payers so impacts of the taxpayers are really going to be

04:28:25.296 --> 04:28:32.847
- minimal for the reason number one is 0.24 that's a really small change to a tax rate if you think about

04:28:32.847 --> 04:28:40.398
- that that is you know less than point to adjust about point two of a percent right, so it's a very it's

04:28:40.398 --> 04:28:43.230
- a very small change and secondly, it's

04:28:44.098 --> 04:28:51.796
- If we talk thinking about residential residential property so homes that we live in we are already at

04:28:51.796 --> 04:28:59.494
- the tax caps. So that means regardless of how the rates are change go up or down. That doesn't really

04:28:59.494 --> 04:29:07.117
- affect our tax rates. What really will be affected are the commercial and business properties. Those

04:29:07.117 --> 04:29:12.702
- will have a little bit of an effect. So just to clarify for the public so

04:29:13.218 --> 04:29:23.260
- Point zero to four nine Dollars is the rate that of the tax per one hundred dollars of assessed value

04:29:23.260 --> 04:29:33.303
- That means for every hundred dollars of assessed value that is to two point four nine cents increase,

04:29:33.303 --> 04:29:38.718
- okay But it'll mostly be felt by commercial properties

04:29:38.946 --> 04:29:47.126
- Yes, so this two point four nine cents increase at most it could be none depending on your on your property.

04:29:47.126 --> 04:29:54.855
- Yes Thank you Thank you ever so much any final comments councilmember Susper. Well, I just also wanted

04:29:54.855 --> 04:30:02.509
- to address that a little bit because of if this 2026 go bond that is being proposed is that two point

04:30:02.509 --> 04:30:03.710
- four nine cents

04:30:03.842 --> 04:30:11.845
- per hundred dollars of assessed value the thing like from a taxpayer perspective really you want to

04:30:11.845 --> 04:30:19.848
- know like the total of how The tax rate for all of the bonds that the city might have and so one of

04:30:19.848 --> 04:30:28.092
- the things that they have done in terms of scheduling is it's this idea that like some things get paid

04:30:28.092 --> 04:30:33.534
- off as new things come and so then there's relative consistency and

04:30:33.634 --> 04:30:42.259
- Yeah, so that's part of you know that slideshow and that thing so it's this very small Increase that

04:30:42.259 --> 04:30:50.883
- has a rough relative consistency in terms of rate over the next several years and we do see the 2024

04:30:50.883 --> 04:30:59.166
- bond rolling off at the end of this year and then several bonds also rolling off in 2028 as well

04:31:03.394 --> 04:31:13.017
- On this bond ordinance not because I don't think the product projects Have merit I do generally I have

04:31:13.017 --> 04:31:22.641
- like a broader concern about accountability in relation to bond ordinances This has come up over time.

04:31:22.641 --> 04:31:32.638
- It came up recently in the budget context with this administration in particular both the the Showers West

04:31:33.122 --> 04:31:38.885
- expenditures that were By by law meant to be limited exclusively to public safety purposes, and I don't

04:31:38.885 --> 04:31:44.537
- believe that's done I think the but we've actually probably violated the bond ordinance and the other

04:31:44.537 --> 04:31:50.078
- is Ordinance 2024 24, which is about Indiana Avenue, which mr. Ruff was asking about And it was the

04:31:50.078 --> 04:31:55.674
- subject of negotiations in the 2024 budget where the council wanted to see more action on the things

04:31:55.674 --> 04:32:01.326
- and we we agreed that that should be the priority project because people are dying on that street and

04:32:01.326 --> 04:32:02.878
- being seriously injured and

04:32:03.074 --> 04:32:08.882
- And it's kind of been subject to fits and starts. I talked about it recently. Staff developed some concepts.

04:32:08.882 --> 04:32:14.584
- They had a clear conception of what they thought would increase safety for all road users in a significant

04:32:14.584 --> 04:32:19.965
- way. And then a handful of stakeholders among hundreds opposed it, specifically a couple of folks at

04:32:19.965 --> 04:32:25.294
- Indiana University in the capital planning and facilities world, two of whom have now moved on from

04:32:25.294 --> 04:32:31.102
- Indiana University. And it became clear through the Transportation Commission meeting that those individuals

04:32:31.522 --> 04:32:37.409
- the ones who led to this project being presented to the Commission in a way that did not meet the charge

04:32:37.409 --> 04:32:43.240
- of the Commission to ensure compliance with city goals and and so the Commission did unanimously reject

04:32:43.240 --> 04:32:48.847
- the proposal from staff which had clearly had like a thumb on the scales and what they were allowed

04:32:48.847 --> 04:32:54.510
- to present and Asked for a new concept and never heard another word until I started asking about it,

04:32:54.510 --> 04:33:00.734
- you know six months later and As mr. C Bercher tonight and I appreciate he's in a tough spot with all this and

04:33:01.378 --> 04:33:07.921
- you know, now it's not being pursued, and it's part of a sort of downtown corridor conceptual thing,

04:33:07.921 --> 04:33:14.982
- which, by the way, isn't what the transportation plan calls for. It calls for a design process for Kirkwood.

04:33:14.982 --> 04:33:21.913
- It doesn't say a whole downtown consideration. This is sort of morphed and evolved into something nebulous

04:33:21.913 --> 04:33:28.456
- that isn't what's called for in our plans. And so that's essentially a political decision being made

04:33:28.456 --> 04:33:30.270
- outside of public meetings.

04:33:30.818 --> 04:33:35.526
- I pretty much disagree with the political decision that was made. And I just don't, so it gets back

04:33:35.526 --> 04:33:40.280
- to accountability. I mean, this was negotiated in earnest in good faith. I even said at that time, I

04:33:40.280 --> 04:33:44.988
- watched the hearing recently, you know, I was, you know, fool me once, you know, kind of thing. And

04:33:44.988 --> 04:33:49.790
- I felt like I didn't want to get fooled a second time. And here I have been fooled a second time. And

04:33:49.790 --> 04:33:54.592
- I won't be fooled a third time. I'm not going to vote for the ordinances. And I'll be hard pressed to

04:33:54.592 --> 04:33:59.582
- support many appropriations from this administration at all until I feel like there's real accountability

04:33:59.682 --> 04:34:05.307
- For these things if it there's a specificity question when it comes to bond ordinances and getting you

04:34:05.307 --> 04:34:11.151
- know We want to have certainty about which projects are being implemented Administration wants flexibility

04:34:11.151 --> 04:34:16.721
- because things change. That's all well and good. That's something different though. I think then what

04:34:16.721 --> 04:34:22.237
- I'm talking about here and I just don't really find it acceptable that Once we appropriate the money

04:34:22.237 --> 04:34:25.022
- counsels out of the picture and sort of whatever I

04:34:25.122 --> 04:34:31.567
- Happens from there and you know, maybe it passes legal muster. Maybe it doesn't if nobody holds you

04:34:31.567 --> 04:34:38.141
- accountable to it who cares so that I just not happy with it with obviously with how The actions that

04:34:38.141 --> 04:34:44.714
- follow from our approval of Bonds have gone in recent years and for that reason I'm voting no tonight

04:34:44.714 --> 04:34:52.126
- again, not a not a Indictment of the projects themselves, but rather procedural shortcomings in my view. Thank you

04:34:57.026 --> 04:35:07.007
- Any other comments? Councilmember Stossberg. Thank you. I just want to thank Councilmember Flaherty

04:35:07.007 --> 04:35:09.502
- for for kind of staying.

04:35:09.794 --> 04:35:17.948
- staying consistent with his values in this respect. I am planning on supporting this. While I agree

04:35:17.948 --> 04:35:26.102
- with that, I also know that in my discussions with staff, we discussed that issue in terms of let's

04:35:26.102 --> 04:35:34.419
- make sure that the money is being spent in transparent ways, in consistent ways, in ways that we know

04:35:34.419 --> 04:35:39.230
- exactly what is there. And I asked that details be put in.

04:35:39.426 --> 04:35:49.840
- so that we could know what to expect. And I think that there is more that we could do as a body to demand

04:35:49.840 --> 04:35:59.862
- accountability around different things. I think that it's hard sometimes to figure out how exactly to

04:35:59.862 --> 04:36:03.006
- do that, I'll say, because it's

04:36:03.842 --> 04:36:10.733
- easy to say it, and harder to keep track of making sure it happens, and there's like a lot of, there's

04:36:10.733 --> 04:36:17.757
- a lot of stuff, there's a lot of moving parts in the city, and because there are nine of us, it's really

04:36:17.757 --> 04:36:24.648
- easy, I think, probably too easy to think like, oh, I think so-and-so's handling that, and so-and-so's

04:36:24.648 --> 04:36:31.806
- not actually handling that. And they don't realize that you think they're handling that, and it just gets,

04:36:32.162 --> 04:36:40.041
- gets busy and because of the nature of this position, it's not full time. We don't have special offices

04:36:40.041 --> 04:36:47.692
- that we go to every day, so we don't end up seeing each other necessarily. And it can be challenging

04:36:47.692 --> 04:36:55.344
- to manage to get in touch sometimes to connect about those things because availability is so varied.

04:36:55.344 --> 04:37:00.798
- And I'm not making an excuse about that. I think that we can and should

04:37:00.994 --> 04:37:08.809
- do more as a body to figure out how to make sure that accountability is there, how to make those check-ins

04:37:08.809 --> 04:37:13.118
- there. Honestly, I think that the special fiscal committee

04:37:13.282 --> 04:37:20.386
- can play a role in that. And I think the hard thing for me as chair of that committee this year is that

04:37:20.386 --> 04:37:27.491
- I'm seeing a lot of things in that committee that it's like, oh, we could play a role in that. We could

04:37:27.491 --> 04:37:35.005
- play a role in this. How many roles can we play? And we run out of time in those meetings. So it's definitely

04:37:35.005 --> 04:37:37.054
- something that's on my radar.

04:37:37.410 --> 04:37:45.694
- as something that I want to improve upon. But in the meantime, I don't want to jeopardize some of the

04:37:45.694 --> 04:37:53.816
- capital investments that I think need to be made. Firetruck, very essential. The crosswalk stuff is

04:37:53.816 --> 04:38:01.938
- also like, especially I'll say that East Covenanter and the Auto Mall Road intersection over there,

04:38:01.938 --> 04:38:03.806
- that's like by Kroger.

04:38:03.906 --> 04:38:11.563
- The the college mall croaker that is a horrendous Intersection it is massive. It is horribly unsafe

04:38:11.563 --> 04:38:19.373
- for any user going through and I am That cannot happen soon enough and that may be like a small piece

04:38:19.373 --> 04:38:26.494
- overall of of these bond dollars But it is going to make a hugely positive impact over there

04:38:26.562 --> 04:38:32.653
- So there are lots of pieces of this that I am that I am very I'm excited about and I also want to mention

04:38:32.653 --> 04:38:38.860
- the lighting because you know, we had a couple deliberation sessions about public safety and I was actually

04:38:38.860 --> 04:38:44.664
- meeting with Councilmember Piedmont Smith about that today and realizing like yeah, that was a theme

04:38:44.664 --> 04:38:50.411
- that people Felt less safe when you know in certain dark places and one of the pieces of this is to

04:38:50.411 --> 04:38:55.870
- improve lighting and in different spaces and that is something that you know, I've talked with

04:38:55.970 --> 04:39:02.543
- engineering and about a couple other times I remember council members who look mentioning that that

04:39:02.543 --> 04:39:09.379
- is something that that she Helped with it and I'll straighten her district to get better lighting there

04:39:09.379 --> 04:39:16.412
- and that not really Gets at several different pieces of safety and service to our residents and ultimately

04:39:16.412 --> 04:39:23.774
- We're here to serve our residents, so I will be supporting this. Thank you Thank you so much any other comments

04:39:25.346 --> 04:39:34.887
- All right with that will the clerk councilmember although I'm sorry I'll make it brief that I'm very

04:39:34.887 --> 04:39:45.090
- conflicted about this I I think at a time when we're dipping into reserves that The transportation projects

04:39:45.090 --> 04:39:55.198
- I find could be shelved for the time being I have I'm very conflicted because of the the need for the fire

04:39:55.586 --> 04:40:03.820
- Which I think is necessary It wouldn't be necessary. I think if we if I mean to me it always represents

04:40:03.820 --> 04:40:11.974
- a cost of growth because when we build tall buildings or we allow tall buildings be built I should say

04:40:11.974 --> 04:40:20.129
- There's a cost associated with that. That's never of course internalized and so it's always passed off

04:40:20.129 --> 04:40:24.958
- to the to the general taxpayer so I am conflicted about this

04:40:25.058 --> 04:40:34.479
- I'm not sure how I'll vote. Thank you. Do you need more time or should we call the vote. Right. OK.

04:40:34.479 --> 04:40:44.182
- The suspense is fairly exciting with any other any other comments. All right. For our last vote of the

04:40:44.182 --> 04:40:53.886
- night potentially will the clerk please call the roll. Council member member Flaherty no Stasberg yes.

04:40:54.658 --> 04:41:10.630
- Pete Mott Smith? Yes. Asari? Yes. Daly? Yes. Rallo? Yes. Ruff? No. OK, that motion carries six. Five,

04:41:10.630 --> 04:41:24.254
- two. Thank you all so very much for all of your time. Thank you, thank you, thank you.

04:41:24.354 --> 04:41:31.482
- We now come to the final moment of public comment. And if anyone would like to make, you've been sitting

04:41:31.482 --> 04:41:38.339
- here and you're just like, man, you know what I'd like to do at 1130? Make a public comment. Anyone?

04:41:38.339 --> 04:41:45.263
- Anyone online? Are you coming to make a public comment, Ms. Rousseau? Come on, then. Round us out. If

04:41:45.263 --> 04:41:52.188
- it's on the agenda, though, we're going to call the Sergeant of Arms. I'm joking. Go on. Because he's

04:41:52.188 --> 04:41:53.342
- not here. Go on.

04:41:53.858 --> 04:42:01.687
- It's tangentially related to something that came up my in in in in watch in watching both the Historic

04:42:01.687 --> 04:42:09.592
- Preservation Commission and the Transportation Commission and then following up on some of the comments

04:42:09.592 --> 04:42:17.270
- that were made at the Historic Preservation Commission and the problems I Wondered why is it that we

04:42:17.270 --> 04:42:19.550
- use Roberts rules of order? I

04:42:22.530 --> 04:42:29.267
- And I looked it up online to say, well, maybe it's an Indiana State requirement. And it's not. And then

04:42:29.267 --> 04:42:35.810
- I started reading more about Robert's Rules of Order and found out that it was actually designed for

04:42:35.810 --> 04:42:42.287
- large parliamentary bodies by someone from the military who wanted deficiency prioritized. And it's

04:42:42.287 --> 04:42:48.960
- inappropriate for small bodies, generally. So I want to raise that question. It may not be appropriate

04:42:48.960 --> 04:42:51.486
- for you, since you have long meetings.

04:42:52.546 --> 04:42:59.039
- But there are other ways to do business. There's complete consensus, which takes a long time. There

04:42:59.039 --> 04:43:05.727
- are modified consensus models and everything in between consensus and Robert's Rules of Order. And you

04:43:05.727 --> 04:43:12.740
- can do whatever you want, apparently, and so I'd like to put that out there, especially for the committees.

04:43:12.740 --> 04:43:19.038
- I don't see, the committees don't have the kind of agenda that you have, and I see no reason why

04:43:19.330 --> 04:43:28.175
- Committee meeting that's usually an hour and hour or an hour and a half can't be done with a more modified

04:43:28.175 --> 04:43:36.524
- consensus more congenial Process so that's all thank you. Thank you so much. Is there anyone online?

04:43:36.524 --> 04:43:44.955
- Oh All right. Well guys, thank you one important note about council schedule We our next deliberation

04:43:44.955 --> 04:43:48.510
- session is on Tuesday not on Wednesday and

04:43:49.154 --> 04:43:56.191
- You like me or just a habit person so Tuesday not Wednesday wouldn't Tuesday the 10th And we're gonna

04:43:56.191 --> 04:44:03.160
- be discussing Public safety again. We may also have a little bit of a time just to brainstorm around

04:44:03.160 --> 04:44:10.335
- Housing we all voted to withhold the housing fund and so maybe worth us generating some thoughts around

04:44:10.335 --> 04:44:16.062
- what we'd like to do there, but any other announcements about council schedule and

04:44:17.378 --> 04:44:20.126
- Wonderful, this meeting is adjourned.
