Tag: right-of-way

Delayed by Bloomington board: Right-of-way closures for Miller-Showers city gateway construction

Rendering of gateway monolith, birdseye view from the southeast.
Bloomington board of public works president Kyla Cox Deckard
Board board of public works vice president Elizabeth Karon
Public works director Adam Wason
Parks operations director Tim Street
Engineering field specialist Alex Gray
David Ebbinghouse at the public mic
Planning and transportation director Scott Robinson
Excerpt of the maintenance of traffic plan and detours for the construction.

In a change of plans, over the next few days, Reed & Sons Construction will not be starting onsite preparations for various improvements at the north end of Miller-Showers Park.

The scheduled work is supposed to include a 40-foot tall gateway monument costing about $400,000. The monolith features the word “Bloomington” in all caps inscribed vertically from top to bottom.

What delayed the parks department project was a decision made by Bloomington’s board of public works at its Tuesday night meeting.

In the area of College Avenue and Old 37, Reed & Sons had requested temporary sidewalk and lane closures, with proposed pedestrian detours, in order to make the construction work possible.

But the board voted to put off approval of those right-of-way closures.

Continue reading “Delayed by Bloomington board: Right-of-way closures for Miller-Showers city gateway construction” →

Bloomington boards act on tents, belongings in parks, public right-of-way

Board of public works

Board of public works from left: Jennifer Lloyd, Elizabeth Karon, and Kyla Cox Deckard (Aug. 15, 2023)
District 6 Democratic Party nominee for city council Sydney Zulich (Aug. 15, 2023)
Greater Bloomington Chamber of Commerce president Eric Spoonmore (Aug. 15, 2023)

Board of park commissioners

Bloomington resident Nick Angelos (Aug. 16, 2023)
Board of park commissioners from left: Israel Herrera, Kathleen Mills, and Ellen Rodkey. (Aug. 16, 2023)
Christopher Emge with the Greater Bloomington Chamber of Commerce (Aug. 16, 2023)

On Tuesday, Bloomington’s board of public works passed a resolution asking that the city council enact an ordinance that will keep the public right-of-way clear of tents or belongings.

It’s not clear when or if the city council will follow the board’s recommendation.

The following day, the board of park commissioners took action, to enact a new policy that essentially prohibits tents in parks. The new policy takes effect on Aug. 23—that’s next Wednesday.

Action by the two boards on successive days is part of a general effort by Bloomington mayor John Hamilton’s administration, to regulate the way Bloomington’s unhoused population is able to use public space.

Director of public works Adam Wason described to the three-member board of public how the draft ordinance would make clear that the police have the legal authority, to immediately clear the right-of-way of someone’s belongings, if they do not respond to a request to move.

Parks and recreation director Paula McDevitt told the board that the intent of the new policy against tents and other makeshift enclosures is to ensure that parks areas can be used and enjoyed “by the whole community.” The way tents are now used in parts has created serious public health and safety risks, due in part to illegal activity, McDevitt said.

McDevitt said the policy does not prohibit unenclosed shade structures, if they don’t shield from public view what is happening under them.

At both meetings, commentary from the public mic in favor of the administration’s position came from business owners, and business advocacy groups—the Greater Bloomington Chamber of Commerce, and Downtown Bloomington, Inc.

Public comment against the administration’s approach came from social service workers, members of mutual aid groups like Help Ourselves, and other advocates for the unhoused. Continue reading “Bloomington boards act on tents, belongings in parks, public right-of-way” →

It’s not just parks: Bloomington looking to add law against camping in public right-of-way

B-Line Trail (Aug. 14, 2024)
Walnut Street (Aug. 14, 2024)
B-Line Trail (Aug. 14, 2024)

Bloomington mayor John Hamilton’s administration wants to put a law on the books that prohibits camping or storing personal belongings in the public right-of-way.

To that end, at its Tuesday meeting, Bloomington’s three-member board of public works will consider a resolution that asks the city council to consider a new ordinance against camping in the public right-of-way.

It’s part of a general effort that the administration is now making, to regulate occupancy of public property—in light of its use by many members of the city’s unhoused community.

In addition to the resolution to be considered by the board of public works on Tuesday, the board of park commissioners is set on Wednesday to consider a change in the current policy on tents in parks during the day. Tents are currently allowed.

But under a proposed policy change to be considered at Wednesday’s special board of park commissioners meeting, tents and other “enclosed structures” would be prohibited in public parks. However, “shade structures” would still be allowed.

The draft ordinance that the board of public works will consider recommending to the city council states:  “It is unlawful to camp in the right-of-way, store personal property in the right-of-way, or otherwise block the right-of-way in a manner that obstructs pedestrian traffic, vehicular traffic, or public travel on any sidewalk, street, or other public right-of-way.” Continue reading “It’s not just parks: Bloomington looking to add law against camping in public right-of-way” →

Duke Energy appeals Bloomington fines over use of right-of-way during power line upgrade project

ScreenshMap showing Duke Energy pole location.ot
Map showing Duke Energy pole location.
Map showing Duke Energy pole location.
From the B-Line bridge looking north (The B Square July 16, 2023)
The view northwestward from the park trail. (The B Square July 16, 2023)
The view southward showing the end of the sidewalk, but the continuation of the trail. (The B Square July 16, 2023)
The view northward along Rogers Street (The B Square July 16, 2023)
The view southward along Rogers Street. (The B Square July 16, 2023)
The view eastward across Rogers Street (The B Square July 16, 2023)
Photo included in board of public works meeting information packet for July 18, 2023 meeting.

The city of Bloomington has fined Duke Energy a total of $4,200 in connection with one of the power company’s new transmission line towers along South Rogers Street.

But Duke has appealed at least some of the fine amounts.

Duke’s appeal appears on the Tuesday meeting agenda for the city’s three-member board of public works. Continue reading “Duke Energy appeals Bloomington fines over use of right-of-way during power line upgrade project” →

Bloomington trail closures, detours to be decided “in collaboration” with engineering department

Signage for closure of The B Line during the recent removal of some callery pear trees. (From slide presented by parks operation director Tim Streets at the board of park commissioners Jan. 24, 2023 meeting.)
The signage for the closure of The B-Line Trail in 2022 near the Johnson’s Creamery smokestack came in the form of an 8.5 x 11 laminated sheet, which is barely visible on the chain link fence.

Under a new policy, when multi-use trails in Bloomington are closed—because of work by contractors or a dangerous situation—a detour has to be provided that gives trail users a convenient alternate route.

The policy was adopted by Bloomington’s board of park commissioners at its regular meeting on Tuesday.

Under the new policy, the closure has to be marked with signage that’s compliant with the Indiana Manual on Uniform Traffic Control Devices (MUTCD).

The policy also says that the decisions by the board about trail closures and detours have to be made “in collaboration” with the city engineer.

The development of the policy came after complaints about the city’s implementation last year of a detour and signage for a B-Line closure. That closure was made in connection with the unsafe building order issued by the city for the Johnson’s Creamery smokestack. Continue reading “Bloomington trail closures, detours to be decided “in collaboration” with engineering department” →

Parks board, city engineer: Collaboration, consultation, or supervision on trail closures?

Bloomington park commissioner Jim Whitlach (Nov. 15, 2022)
Bloomington park commissioner Ellen Rodkey (Nov. 15, 2022).
Bloomington’s director of park operations Tim Street. In the foreground is Bloomington resident Greg Alexander (Nov. 15, 2022).

As currently drafted, a proposed new Bloomington parks policy would spell out how temporary and emergency closures of trails are implemented by the board of park commissioners—in “collaboration” with the city engineer.

On Tuesday, at its regular monthly meeting, the adoption of that policy was tabled by the board.

The presentation of the proposed new policy came from Tim Street, who is director of park operations. He described the policy as stemming from the closure of The B-Line early in the year, due to the hazard posed by the Johnson’s Creamery smokestack. The smokestack has now been partially demolished.

The board tabled the adoption of the new policy after park commissioner Jim Whitlach, who’s an attorney, questioned the use of the word “collaboration” to describe the activity to be undertaken between the board of park commissioners and the city engineer.

Whitlach said he would prefer that the policy make clear that it’s the board that makes the decision. So Whitlach said the policy should say the board decides not in “collaboration” with, but in “consultation” with the city engineer.

A counterpoint to Whitlach’s position came during public commentary from Bloomington resident Greg Alexander, who has, in his capacity as a member of the city’s traffic commission, for the last few months pushed the issue of the engineer’s role in making decisions about public right-of-way like The B-Line Trail. Continue reading “Parks board, city engineer: Collaboration, consultation, or supervision on trail closures?” →

“Piss-poor” B-Line detour design prompts scrutiny of right-of-way definition by city traffic commission

Original signage for the detour, which persisted for a few days after the revised detour was implemented.
The initial closure did not include any demarcated route. The image is from Monroe County’s online property lookup system, in February 2022.

On Wednesday, at Bloomington’s traffic commission meeting, a question from commissioner Greg Alexander left city attorney Mike Rouker stumped:

“If I was to ask the question, ‘What is the B-Line right-of-way within the terms of Chapter 12.08?’ where would I look, if not the transportation plan?”

Rouker’s answer: “I don’t know the answer to that question off the top of my head.”

The question came after a sharp back-and-forth between Rouker and Alexander about whether the B-Line is right-of-way, according to the city’s adopted transportation plan.

The backdrop of the discussion was the January closure of the B-Line in connection with the hazard posed by the Johnson’s Creamery smokestack. The smokestack has now been partially demolished down to 60 feet, and the trail has re-opened.

Alexander’s point: If the B-Line had been treated as the right-of-way that he believes it to be, and a traffic engineer, instead of the parks department, had needed to sign off on the design of the detour, the users of the trail would have been given a safer and better designed detour from the very start of the closure. Continue reading ““Piss-poor” B-Line detour design prompts scrutiny of right-of-way definition by city traffic commission” →

Vacation of alleys for hospital site redevelopment gets yes from Bloomington council on second try

Looking west from Morton Street down the alley city council was asked to vacate.
Looking south from 2nd Street down the alley that city council was asked to vacate.
Highlighted in yellow are the alleys the city council was asked to vacate.
Schematic drawing by local architect Marc Cornett showing alleys in red where he thinks they should be added.
Proposed addition of alleys to be worked out after vacation of alleys. (June 1, 2022)

At its meeting on Wednesday, Bloomington’s city council voted unanimously to vacate parts of two alleys in one of the blocks near the former site of the IU Health hospital.

The request came from the Hamilton administration through the Bloomington redevelopment commission (RDC).

The block in question is bounded by Morton and Rogers streets on the east and west, and by 2nd and 1st streets on the north and south.

The vacation of alleys approved by the council on Wednesday was the same proposal that had failed on a 4–5 vote in the first week of April.

But the council used an uncommon procedure from Robert’s Rules—called “renewal” of a motion—to consider the question again on Wednesday.

Convincing the council to revisit the question were several concessions made by the administration in connection with the planning for the former hospital site, which has been named the Hopewell neighborhood. Continue reading “Vacation of alleys for hospital site redevelopment gets yes from Bloomington council on second try” →

Bloomington city council balks for now at vacating some public right-of-way on former hospital site

Looking south from Madison Street at 2nd Street across the parcel where Madison Street is planned to be extended.
Looking west from Morton Street down the alley city council was asked to vacate.
Looking south from 2nd Street down the alley that city council was asked to vacate.
Highlighted in yellow are the alleys the city council was asked to vacate.
Schematic drawing by local architect Marc Cornett showing alleys in red where he thinks they should be added.

A request from Bloomington’s redevelopment commission (RDC) to vacate parts of two alleys in one of the blocks near the former site of the IU Health hospital was denied by Bloomington’s city council at its Wednesday meeting.

The vote was split 4–5, but not along familiar lines.

Voting to give up the right-of-way were: Isabel Piedmont-Smith, Sue Sgambelluri, Jim Sims, and Ron Smith. Voting against the vacation of the alleys were: Matt Flaherty, Dave Rollo, Kate Rosenbarger, Susan Sandberg, and Steve Volan.

The RDC’s request came in connection with the planned redevelopment of the site, which Bloomington is acquiring from the health provider in a $6.5 million real estate deal. Continue reading “Bloomington city council balks for now at vacating some public right-of-way on former hospital site” →

Kirkwood street closure, parklet program OK’d again for 2022, no permanent closure yet

(B Square file photo from August 2020) Kirkwood at Walnut looking east.
(B Square file photo from August 2020) Kirkwood at College looking north.
(B Square file photo from August 2020) College at 6th looking south.
(B Square file photo from August 2020) Kirkwood at Grant looking east.

Starting in mid-March through the end of October, parts of Kirkwood Avenue in downtown Bloomington will again be closed to cars.

The closure will allow neighboring restaurants and retail stores to use the public right-of-way for additional seating and for display of their wares.

The city council’s vote last Wednesday means 2022 will be the third successive year for an ordinance that supersedes the usual local laws that apply to the use of public right-of-way. In 2020, the street closure was approved as a way to help area businesses recover from the impact of the COVID-19 pandemic. That’s part of the reason for this year’s closure, too.

The ordinance approved by the city council this past Wednesday does not permanently change city code.

Like last year, metered parking spaces in other parts of downtown could also be closed to cars, if neighboring businesses apply to use them as “parklets.”

What’s new this year, both for the Kirkwood Avenue closure and for the parklet program, are the fees that businesses will have to pay, in order to use the public right-of-way. In 2020 and 2021 no fees were charged to businesses.

While support from the city council on Wednesday was unanimous, attitudes among area business owners are not perfectly uniform.

The backdrop to the council’s deliberations included the idea of permanently closing Kirkwood. It’s an idea that goes back at least as far as 1973, when then-mayor Frank McCloskey revived plans for a pedestrian mall on Kirkwood Avenue, according to local newspaper coverage. That’s seven years before John Mellencamp recorded “Tonight” with its iconic line: “We’re gonna go walking down Kirkwood, look at us go.” Continue reading “Kirkwood street closure, parklet program OK’d again for 2022, no permanent closure yet” →