City council approves clearing of sidewalks

The Bloomington City Council passed an ordinance 9-0 Wednesday requiring a clear, straight path of no less than 54 inches on downtown sidewalks.\nWayne Smith and many other activists from the Community Council for Accessibility debated 11 amendments. After reaching agreement on six of the amendments, the council unanimously approved the ordinance.\nHolding a red cane in his left hand, Smith clutched his wife's arm as she guided him toward the front of the Bloomington City Council Chambers. \nTwo years ago, he would have been able to move about without a problem. Today it is a different story; Smith is blind.\n"I'm new to being visually impaired," said Smith, who has undergone two years of training to be able to walk with a sighted guide or a cane. "One of the most difficult things for a person who is visually impaired is keeping in a straight line."\nSmith's concerns were addressed in Amendment 11, which garnered support from the community accessibility council and city council members.\nThe amendment calls for a clear, straight pathway on North College and North Walnut Streets, while providing exceptions for the Bakehouse and Malibu Grill, both of which have encroachments that would not meet the new standard.\n"We realize the need for accessibility for all citizens who frequent downtown," said Doug Bruce, president of the Downtown Bloomington Commission. "Our downtown is the heart and soul of the community, our downtown is unique, and our downtown should be accessible to all." \nCouncil member Chris Gaal also cited a need to address accessibility and commerce.\n"We're trying to craft a rule that balances the goals of the clear, straight path on public sidewalks, as much as possible, and the goals of encouraging outdoor seating for restaurants on sidewalks," he said.\nBusiness owners, many of whom use outdoor seating to serve customers, wanted room to accommodate tables and chairs on the sidewalks while also allowing for safe pedestrian travel.\nIn the end, parties were able to compromise. \nAmong other amendments that were passed, businesses will no longer have to remove encroachments between November and March, as has typically been done in the past. Businesses will be required to file an application to leave encroachments on the sidewalk during the winter months. Deputy Mayor James McNamara has been the driving force for the project, working on the ordinance for about two years.\nThe application fee will be lower for those who will not leave encroachments out during the entire period of time, in an amendment sponsored by Councilman Tim Mayer that passed 6-3.\nBusinesses that apply for encroachment permits for use between March 1 and the third Monday in November will pay a $50 fee, while those wishing to apply for year-round encroachment permits pay $100.\n"This is a matter of principle," Mayer said. "These are our public sidewalks and we should have those people who use our public sidewalks for commercial use acknowledge that in some simple way. And by having this two-tiered fee, it does that, at least in my mind."\nOther council members weren't swayed.\n"I'm not sure I like two different fees," Bloomington resident David Sabbagh said. "I'd like to encourage people to leave (encroachments) up all year round so people can get used to the obstruction." Sabbagh was joined by council president Patricia Cole and Jason Banach in his dissent.\nMayer also sponsored an amendment that requires any establishment that has a fence or enclosure between the sidewalk and the encroachment to tailor that enclosure to the right-of-way. \nBanach expressed concerns over possible exceptions that would be made to accommodate existing structures.\n"The problem with some of these amendments are that we're making exceptions," he said. "Exceptions for certain businesses, exceptions for the way certain things are done, and if we're going to pass something, let's pass something … It's either an across-the-board deal or nothing in my mind"