Public works preview: Latimer Square lane closures, Hopewell contract, Rita’s Italian Ice walkup

Motorists and pedestrians who are navigating north and south on either side of the Latimer Square apartment complex, which is now under construction at the site of the former Kmart off East 3rd Street, will notice some lane closures in the coming weeks.

That’s assuming Bloomington’s board of public works grants the requests from Gilliatte General Contractors, which is doing the construction work. The lane closure requests appear on the board’s Tuesday agenda.

The builder wants to close some lanes on Kingston Drive which runs north-south along the western side of the 900-bed apartment project, and Clarizz Boulevard, which runs north-south along the eastern side.

Closing down some traffic lanes and sidewalks will allow the improvements to the sidewalks and construction of bicycle lanes that are a part of the project site plan. Continue reading “Public works preview: Latimer Square lane closures, Hopewell contract, Rita’s Italian Ice walkup”

Abatement order for Washington Street property granted by Bloomington board of public works

The city of Bloomington plans either to hire a contractor or send its own staff to the property at 530 Washington St. to bring it into compliance with a local law.

The law says you can’t “throw, place, or scatter any garbage, recyclable materials or yard waste over or upon any premises, street, alley, either public or private…”

At its regular Tuesday meeting, Bloomington’s three-member board of public works granted a request from the city’s housing and neighborhood development (HAND) department, for abatement of Joe Davis’s residential property.

Davis had previously appeared before the board to appeal a total of $200 in fines imposed for the city’s notices of violations, saying that the materials that are stacked around his property are not garbage, but rather building materials and tools. They’re needed for the kind of active construction site he is overseeing, he has said.

That’s the position that Davis has outlined in a tort claim that he has sent to the city. The claim is against the city of Bloomington, the HAND department, the department of public works, and the board of public works.

Under an abatement order, the city will be able to send Davis a bill for the work that’s done on the property to bring it into compliance. Continue reading “Abatement order for Washington Street property granted by Bloomington board of public works”

Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy

For now at least, a proposed mural that says “All Lives Matter” will not be painted on Kirkwood Avenue just west of Indiana Avenue in downtown Bloomington.

Bloomington’s three-member board of public works has unanimously denied a special events application from Turning Point USA at Indiana University, to paint such a mural on the weekend of April 7 and 8.

The denial came at the board’s regular Tuesday meeting, after about 20 minutes worth of public comment, all of it opposed to the approval of the application to paint the mural.

The public commentary in opposition was based mostly on the fact that the “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement.

When it came time for a vote, the board didn’t deliberate on the question.

But when the item was put in front of the board, the basis for the denial was laid out by city attorney Mike Rouker: The proposed mural is for permanent or semi-permanent art (intended to last more than seven days), and it includes “speech.”

The inclusion of “words, letters, numbers, or universally recognized symbols, or logos of any kind” for a permanent art installation put the proposed ALM mural in conflict with the city’s new policy on art installations by private entities in the public right of way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way. Continue reading “Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy”

Building material or debris? Bloomington wants order to enter owner’s property, remove “garbage”

Joe Davis is a self-described “unconventional guy.”

But the city of Bloomington wants him to take a more conventional approach to the appearance of his  residential property at 530 Washington St.

The city contends that it’s not just a matter of appearance. The housing and neighborhood development (HAND) department sees Davis’s property as violating the local law that says you can’t “throw, place, or scatter any garbage, recyclable materials or yard waste over or upon any premises, street, alley, either public or private…”,

That’s the basis of a series of warnings and fines that the city’s HAND department levied against the property last year. Davis appealed the fines to the board of public works, but they were upheld.

Based on the notices of violation that are included in the information packet for this Tuesday’s meeting of the board of public works, the fines total $200.

It is at Tuesday’s meeting that HAND will ask the board of public works for an abatement order, which would, if granted, allow the city to go onto Davis’s property to take the steps the city thinks are needed, in order to bring it under compliance with city code. The city would then send Davis a bill for the work.

Davis has responded by sending the city notice of a tort claim—against the city of Bloomington, the HAND department, the department of public works, and the board of public works. Continue reading “Building material or debris? Bloomington wants order to enter owner’s property, remove “garbage””

Street mural: Bloomington attorney says application should be denied, because it contains speech

It looks like the table is now being set for the next phase in a pending federal lawsuit against the city of Bloomington.

An application to paint a mural on Kirkwood Avenue with the phrase “All Lives Matter” appears on the Bloomington board of public works agenda for Tuesday, March 14.

The application for the mural was made by Turning Point USA at Indiana University.

Bloomington’s city attorney, Mike Rouker, has recommended that the application be denied, because the design includes “speech” as defined by a new city policy on such art in the public right-of-way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2023 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way.

That order came in connection with a lawsuit that Turning Point and Indiana University student Kyle Reynolds filed, after being denied permission to paint their “All Lives Matter” mural in 2021. The court found that the city’s refusal in 2021 to allow Reynolds to paint his mural likely amounted to viewpoint discrimination, and issued a preliminary injunction. Continue reading “Street mural: Bloomington attorney says application should be denied, because it contains speech”

Bats, bullets, bow-wows: Regular board of public works business includes briefing on full shelter

[Ed. note: As of Tuesday, all of the very good boys and girls in the photos above are available for adoption at the Bloomington’s animal shelter.]

“If you’re looking for that furr-ever, friend, we have them down at the shelter right now,” public works director Adam Wason reported to the board of public works at its regular meeting on Tuesday.

Wason said the shelter had recently had an influx of animals and could use some relief.

Wason added that he is thinking that the shelter will run an adoption special this weekend, waiving fees on all dogs, to try to get some space cleared out at the shelter.

Bloomington’s animal shelter is located on South Walnut Street a bit north of Gordon Pike. Hours and contact information for the shelter are listed on the animal shelter website.

The city maintains an online listing of all animals available for adoption.

Business transacted by the board at its Tuesday meeting included bats (the flying mammals, not Louisville Sluggers) and bullets, among other items. Continue reading “Bats, bullets, bow-wows: Regular board of public works business includes briefing on full shelter”

Bloomington gives $500 fine after activist writes “VOTE” on street, cites code on defacing property

Area resident Thomas Westgård has been fined $500 by Bloomington after writing “VOTE” on a city street.

Westgård sent The B Square a photo of the letter that he reported receiving from the city on Friday.

The letter, signed by Bloomington public works director Adam Wason, states: “On January 4, 2023, at the intersection of Madison and 7th Street in Bloomington, you spray-painted the word ‘VOTE’ in the street.”

The letter continues: “In accordance with BMC Section 1.01.130, you are being assessed a fine of $500 for the violation.” Continue reading “Bloomington gives $500 fine after activist writes “VOTE” on street, cites code on defacing property”

Bloomington answers request for mural under new court-ordered art policy: No, but we have questions

The city of Bloomington has now responded to an application submitted in December by Indiana University student Kyle Reynolds for the installation of a mural on Kirkwood Avenue that says “All Lives Matter.”

Excerpt from the traffic management proposal in connection with the application that has been submitted by Kyle Reynolds for his proposed “All Lives Matter” mural.

In its response, the city has told Reynolds that such a mural, with words and letters, is not allowed as permanent art under the city’s newly adopted policy on the installation of private art in the public right-of-way.

Based on the city’s response, and the litigation backdropping the request, if Reynolds is eventually allowed to install his mural, it looks somewhat unlikely that it would be on the requested date of April 3, 2023.

It was under a court order that the city’s new policy on private art in the public right-of-way was developed.

That order came in connection with a lawsuit that Reynolds filed, after being denied permission to paint a mural in 2021.  The court found that the city’s refusal in 2021 to allow Reynolds to paint his mural likely amounted to viewpoint discrimination, and issued a preliminary injunction.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2022 meeting.

Reynolds’ proposed mural is not allowed as a permanent mural, because it contains “speech,” which is defined under the policy as “words, letters, numbers, or universally recognized symbols, or logos of any kind.” Continue reading “Bloomington answers request for mural under new court-ordered art policy: No, but we have questions”

Activist tests right to write “vote” on Bloomington street, protests policy on art in public right-of-way

Around 9 a.m. on Wednesday morning, Bloomington area resident Thomas Westgård started dolloping a purple compound onto the asphalt at 7th and Madison streets near Monroe County’s Election Central.

After a few minutes, the word “vote” was spelled out in purple on the pavement.

It was a coincidence that Wednesday was also the first day when candidates in Bloomington’s city elections could file their official paperwork.

For Westgård, it was the right time and day to write “vote” on the street, because a status conference was on a federal court calendar for about an hour later, for a case that involves the right of private individuals to install art in Bloomington’s public right-of-way.

In November 2022, the judge issued a preliminary injunction against Bloomington, ordering the city to establish criteria for applications by private individuals to install art in the public right of way.

The deadline for the city to set the policy was Jan. 2. Bloomington’s board of public works adopted the policy at its final meeting last year, on Dec. 20, 2022. Continue reading “Activist tests right to write “vote” on Bloomington street, protests policy on art in public right-of-way”

Appeal of noise violation ticket, with some wrinkles, given routine denial by Bloomington

At its regular Tuesday meeting, Bloomington’s three-member board of public works denied an appeal by a resident for a noise violation ticket.

This scan is from a revised information packet provided to the Bloomington board of public works for its Jan. 3, 2022 meeting. (1) The social security number of the ticketed person was removed only after initial publication of the packet. (2) The fine amount was a part of the scan in the initial packet, but was added after the ticket was issued—which is standard practice.

That’s par for the course when a noise ordinance violation is appealed to the board—in part because the local law establishes a low and clear bar for what qualifies as an unreasonable noise.

Between 9 p.m. and 7 a.m. any sound that is audible for a person with normal hearing, who is outside the premises where the sound is originating, counts as a violation.

The case heard on Tuesday included a couple of wrinkles. One was the delay between the issuance of the ticket and its appeal. The ticket was issued just after midnight on Aug. 21, 2022.

The three-month delay got some questions from board members at their work session, which was held an hour and a half before the regular meeting.

The other wrinkle did not get any board discussion: Included in the initial publication of the board’s meeting information packet was an image scan of the ticket, which featured the violator’s social security number (SSN).

Indiana’s Access to Public Records Act prohibits a public agency from releasing a SSN, unless it’s specifically required by a state or federal statute .

In a subsequent version of the meeting information packet, the social security number had been scrubbed from the image, not redacted with a more typical black box.

The citation was for excessive noise on Aug. 21 last year, in connection with a party in the 1300 block of North Washington Street. Continue reading “Appeal of noise violation ticket, with some wrinkles, given routine denial by Bloomington”