- All right, good evening, everyone. I'll call the February 4th, 2026 regular session of the Bloomington
- Common Council to order. Will our honorable clerk please call the roll? Stasberg? Here. Piedmont-Smith?
- Here. Zulek? Here. Asari? Here. Rallo? Here. Ruff? Here. Rosenberger? Here. Thank you. All right.
- This evening's agenda includes reports from council members. It is posted on the doors and online. If
- you'd like to see it in more detail, there's also a handful of copies on the clerk's desk. But the agenda
- includes reports from council members and city offices, including a report and discussion regarding
- the Kirkwood Outdoor Dining Program. There will be a special time during this report for public comment,
- separate from our two sessions of
- public comment that are usually on the agenda. We will also consider appointments to boards and commissions.
- We have two ordinances for first reading related to boards and commissions and ordinance procedures
- and legislation for second reading, including a resolution to rename a council committee and an ordinance
- amending the unified development ordinance related to affordable housing incentives and payment and
- lieu provisions. So with that, I'm going to move to the section of approval of our minutes.
- We have minutes from August 6 September 30th and October 8th. Are there any corrections to the minutes?
- Fantastic hearing none do I have a motion I Move approval of minutes for August 6 September 30th and
- October 8 2025 Thank you very much there is a motion and a second I
- Clerk will you for us to accept the minutes? Will you please call the roll on that motion? Ready? Yes
- Stasberg. Yes Piedmont Smith Yes, Zulek. Yes. I'm sorry. Yes Rallo. Yes rough Rosenberger. Thank you. I
- Okay, we're gonna move on to reports. Today, I'll try something a little different. I'm sorry to be
- unusual. But I'll call for reports in two rounds. If you have a general report on your activities, the
- things you've been doing throughout the last couple of weeks, that'll be the first round. Second round
- of reports for council members if you have any statements, political statements or the like. So we'll
- start general updates. Are there any updates?
- Councilmember Zulik. Hello, thank you. I just want to remind all of my council colleagues that we are
- Initiating our new council liaison program for all of our different boards and commissions effective
- January 1st. So in your interview committees, everyone should be assigned two to three boards and commissions
- to serve as the council liaison. And as a reminder, these are the following expectations for that role.
- One, every council member should reach out to the chairs and liaisons of their commissions, staff liaisons,
- at least three times per year and attend at least one meeting.
- Interview committees will be responsible for discussing any resolutions or recommendations Passed by
- assigned boards and commissions and then councilmember liaison should apprise board and commission chairs
- and staff liaisons of any relevant legislation being developed Or discussed by council and vice versa
- Bonus points something that I have been doing is I have been going to coffee I've started going to coffee
- with different boards and commission members to better learn the one-on-one and
- of different commissioners experience working with the city of Bloomington and anything that they might
- be advocating for so That is the expectations and your bonus points of the day. Thank you Thank you.
- Any other updates from councilmembers councilmember Sasper Thank you
- Want to remind folks I'm doing something a little different with my constituent meetings this year and
- I'm scheduling one-on-one appointments with people during kind of pre scheduled time So my next right
- now they're second Tuesday's and there is a link on my public calendar that you can follow to schedule
- an appointment So mentioning that right now because the second Tuesday is next week. I
- So it's next week between 1130 and 1 and there are a couple appointment times that have been booked
- which I'm excited about And then there are still some openings So if anybody would like to have my undivided
- attention on any kind of an issue or concern My plan is to meet in the council office suite over on
- the other side and West showers for now but if you need an online link to meet online that also works and
- And I guess the other update I'll give folks we had an MPO meeting last week and then I've also gotten
- a couple of constituent comments about work that in dot is planning along 10th Street and especially
- the 10th and Pete Ellis intersection because in dot does have a bunch of trees marked that
- They expect are in the right-of-way and there is still kind of ongoing conversation right now between
- and on the city about making sure that those are in the right-of-way But you can also submit a comment
- and if you want to make a comment about those trees getting taken down, thanks Tremendous any other
- updates from council members? Seeing none do any of you have any statements you'd wish to make and Even
- if you said an update
- Councilmember P much with Yes, thank you just a short statement There has been petition as well as a
- protest on this matter so I wanted to say for the record that I share the concern expressed in by the
- members of the public about the city of Bloomington using the company flock security and
- for license plate cameras and other security cameras. Flock is not trustworthy. So even if Mayor Thompson's
- administration tightens up the contract, I don't trust Flock to follow it nor to keep camera images
- and associated data safe. In this national context of creeping fascism and increasing loss of personal
- liberties, I don't think the city should continue its contract with Flock. Thank you, Council Member.
- Any other statements?
- Councilmember Stasberg Thank you. Um, I Want to take a minute to I'm hoping that I'm gonna get through
- this statement by the way Because I have a feeling I wrote it and I was fine and saying it might be
- a little bit harder I just want to take a minute to give acknowledgement to the children and youth who
- are being caught in the middle of a situation that no one and especially not children should be caught
- in if you haven't seen the photos of Liam Ramos and his bunny hat during the last two weeks, I can't
- imagine what
- news you've been watching. His story has been broadcast worldwide after he was used by ICE as bait and
- then was taken into detention with his father. And for context, he's five.
- He's five years old and being used as a pawn by an agency of the United States federal government And
- he is not alone and that's the part that I really want to highlight because he got released But there
- are hundreds of children in ICE detention in very similar situations as he was Hundreds of children
- who the United States government is inflicting trauma upon hundreds of children who are not being given
- adequate food or
- water or medical care. Recently there have been reports that there are measles cases in the Texas facility
- where Liam and his father were kept with hundreds of other families. The trauma being done to the children
- in this country is shameful. It is shameful and it goes beyond the children that are in active or former
- detention. It extends to the classmates of those children because suddenly their peer has disappeared
- It extends to the children riding the school buses that are being followed by ICE agents who are waiting
- for those children to get off the bus or hunting their parents.
- while they wait for their kids. It extends to the older youth, the almost adults who are walking out
- of their schools in protest, sacrificing their day of education for a more important moment in history
- because someone has to stand up and our young people are taking it into their own hands because they
- see how wrong this violence against our communities are. High school students across Indiana are walking
- out in protest, and this includes our own high school students here in Bloomington.
- South high school students had a protest outside their building North high school students walked the
- three miles from at the high school in the snow in the cold to get to that protest last Friday to join
- the community protest against ice and Our kids know what is happen that what is happening is wrong?
- and the least then I can do is speak out from this seat here to acknowledge the trauma that's being
- imposed upon them and Salute our kids for standing strong and being resilient. Thank you Thank you councilman Brazil
- I would also like to note the passing of Representative Lee Hamilton earlier today. For those of you
- who don't know, I graduated from the Hamilton Lugar School. And Lee Hamilton is always someone that
- I wanted to grow up and be like. So I just want to acknowledge this community's loss. And we've lost
- a lot of greats in the past couple of weeks. And so I just want to acknowledge that. Thank you.
- Thank you. Any others? Going once.
- Twice okay fantastic will now turn to the office of the mayor and we have today a presentation from
- the economic and sustainable development Department our mighty ESD. We're going to talk to us about
- Kirkwood plans for next year. Take it away Hi everyone Jane Cooper Smith director of economic and sustainable
- development to speak with you and
- This evening about the 2026 outdoor dining program and i'm here with a special projects manager chas
- mottinger Yeah to provide you this update. I want to frame chas's presentation with A bit of process
- information and positioning before passing to her for detail First off esd is leading the communication
- efforts and the guides guidelines relating to outdoor dining However, this is very much a team effort
- public works legal police
- Parks fire engineering planning CFRD and office of the mayor have all been engaged in this process and
- together the city administration makes this recommendation further the initial approach to this program
- for 2026 based on communication between the legal teams
- was for ESD to simply update the 2026 guidelines for the Board of Public Works. However, it has been
- determined that the more appropriate way forward is to activate section seven of ordinance 2502, which
- gives the city engineer the authority to temporarily or permanently suspend all or parts of the outdoor
- dining program. So the city engineer will submit a statement to council and the Board of Public Works
- indicating temporary suspension of the Kirkwood closure part of the outdoor dining program in 2026.
- And that may happen as early as tomorrow. The city engineer was not able to be here for this presentation
- tonight, but I'm happy to communicate questions back to him or facilitate that. While there are strong
- opinions and feelings about the correct way forward, I want to highlight that there is truly a shared
- vision for Kirkwood. This item tonight is potentially contentious because so many people care about it.
- City planning and ESD will request funding as part of the 2027 budget cycle to begin the corridor study
- a Request for proposals for a consultant for the corridor study, which will include an economic development
- component as well as a planning component We will begin that process in q4 2026. So it's becoming very
- much close to being present tense, which is exciting and
- My colleagues and I look forward to beginning this collaborative process with the entire community so
- that we can begin taking the steps to make Kirkwood Avenue a place where form and function align and
- welcome all to the heart of Bloomington. With that, I'll pass to Chas so she can provide an overview
- of our work to prepare our recommendation for 2026. Thanks. Thank you, Jane. Good evening, everyone.
- All right.
- So over in the past several years, our outdoor dining program has evolved from an emergency pandemic
- response into a shared community vision, creating a vibrant space on Kirkwood Avenue, the city's gateway
- from town to gown in the heart of Bloomington. City staff have listened, learned, and experienced many
- lessons. And we have come to the conclusion that the current approach to seasonal closures has led to
- incomplete solutions.
- After reviewing data community engagement departmental input and operational realities city staff recommends
- that in 2026 We keep Kirkwood Avenue open to vehicles year-round We enhance and expand the parklet program
- and we shift resources towards micro activation efforts that strengthen the entire corridor and let's
- get into the why despite of
- 57% increase in event activity last year and 16 more program days, we still saw an 8% decline in average
- daily visits. This tells us that street closures alone are not enough to support consistent vibrancy
- and that thoughtful activation and infrastructure improvements have a greater impact. Successes of the
- program have included that some restaurants and bars saw increased foot traffic and sales during closure.
- During the closures many residents enjoyed the walkable pedestrian focused environment However, we also
- face significant and reoccurring challenges One is economic concerns some retailers and service businesses
- reported decreases in visits parking and delivery access became problematic to infrastructure limitations and
- Without permanent features such as shade, seating, hardscaping, and ADA-friendly services, blocks often
- felt empty. Three, staff capacity and resources. We simply do not have the resources to continuously
- program and manage a fully closed Kirkwood. Four are public safety concerns. Closed but unactivated
- streets invite crowd surges, unsafe behavior, and congestion across bollards and alleyways.
- Five, accessibility challenges.
- Businesses and residents express frustrations with drop-off access wheelchair routes and delivery logistics
- These issues make the 2025 model unsustainable the 2025 model also brings additional costs an estimated
- 80,000 annual loss in parking revenue only $17,500 in revenue from program fees increased overtime for
- straight and sanitation workers additional trash and maintenance needs due to closed blocks and
- We must shift to a more cost-effective model that still supports vibrancy. For 2026, we are going to
- focus on the following three initiatives. And we're really excited about them too, by the way. One is
- downtown activation. We're going to continue major high quality festivals such as the Taste of Bloomington
- and Pride Fest. With the Kirkwood Activation Coordinator Consultant that was funded from the 2026 budget,
- we're going to add small scale micro events.
- Examples may include art crawls, coffee crawls, scavenger hunts, Instagram challenges, and
- other business-driven promotions. These drive more long-term economic impact than closures alone. Two,
- we're going to focus on parklet improvements. We're going to require accessible platforms that are level
- to the sidewalk. We're going to encourage more greenery, shade, and lighting. We're also going to work
- on finding long-term solutions to replace orange jersey barriers in the future.
- Finally, we're going to focus on the long-term planning We're going to prepare for the 2027 Kirkwood
- corridor study and this includes as Jane mentioned a request for proposals in 2026 and securing funding
- in the 2027 budget cycle We're going to use this study to create a comprehensive community driven vision
- for Kirkwood's future When we're looking at community engagement feedback highlights include businesses
- downtown and along Kirkwood and
- are about evenly split between expanding closures and scaling back to parklets. Residents generally
- support a pedestrian friendly Kirkwood, but they emphasize the need for more amenities and accessibility
- measures. Stakeholders such as Downtown Bloomington Inc, the Chamber of Commerce, and Indiana University
- are supportive of a well-executed, sustainable approach.
- Downtown strategies the consultant developing the city's downtown action plan has found that effective
- major events and targeted micro programming Drive more economic benefit than full street closures City
- staff connected with over 50 businesses over a hundred residents and the work still continues The vision
- for Kirkwood is clear a safe inclusive vibrant and economically strong corridor that reflects Bloomington's
- identity We just need a real plan to make it happen
- Seasonal closures provide value, but they expose limitations of temporary infrastructure and limited
- city resources. In 2026, our focus shifts towards better parklets, stronger activation, and long-range
- planning that will allow Kirkwood to thrive year-round. We look forward to continuing the engagement
- with you council members and the community as we move into the next phase. Thank you. We're happy to
- answer questions. Council members, if anyone has a question.
- Discussion point is also council members like Thank you. Thank you for the presentation I was just wondering
- are there plans to close down Kirkwood during home games for IU football? Not at this not at this time
- I think director of public works Adam Wason might respond to your question. Thank you. I
- We have not considered whether or not we would close it for all the home football games or not at this
- time You know as we think about the micro engagements and the smaller scale events It could be possible,
- but we wouldn't plan just every weekend for football right now Thank you Any other questions, please
- you thank you for the presentation and also appreciate the conversations that we had was funding or
- in advance and
- Director Cooper Smith mentioned so Ordinance 2020 502 was passed by the council. I think with the express
- intent of creating some multi-year certainty for Down for the whole community really but especially
- folks who make actual investments in their parklets and in other Expansions that would might go into
- this. What is the right of way for that for this or typically space dedicated to cars? So Sharing that
- as context a director
- Cooper Smith mentioned that they're activating section 7 of that ordinance which reads to start in cases
- of emergency lack of participation or any other reason that may render the program impractical the Common
- Council authorizes the city engineer to permanently or temporarily suspend the program in part or in
- whole I guess first just a clarification with like so I think I'm understanding that the administration
- is saying the city engineer has determined that
- One of these reasons to be true, which I guess I'm curious which it is. Is it an emergency? Is it lack
- of participation or is it? Impractical and could you elaborate a bit on? On that please. Yeah, I mean
- I so the memo hasn't been submitted yet. So it's not formalized But Margie's okay if I summarize where
- we're coming from. So I think we're looking more at the at the third
- Item where it's rendered impractical. I mean this body knows better than anyone else that we're working
- with reduced resources now and going forward I think we also learned how much in 2025 how much How many
- resources how much time is required to fully activate the corridor? the investments that we made in the
- Sorry the downtown strategies consultant. Those were actually paid with Creed funds. So We're doing
- what we can we have consultant funds that will go to these smaller activations and will request that
- funding again in 2027 But I think just if you need a single answer, it's generally related to that But
- in the draft memo that I saw the engineer is pointing to the reasons outlined in the memo that was presented
- by ESD Which I think is multifactorial. So
- But it's not engineering reasons, right? Like they're not reasons of engineering design safety. The
- ordinance doesn't require engineering reasons It says or any other reason that renders the
- program impractical Thanks for your interpretation. Yeah. Thanks. Sorry for interrupting Other questions
- also feel free to make comments go ahead Thank you
- Do you have any data on how the Poplar's construction might have impacted Kirkwood activity last year?
- we Don't have specific data related to Poplar's or the Beverly I think is what it's called but we and
- our key lead on parking is not was not available for additional data today, but
- I don't know if Adam wants to talk about that. I mean in 2025 we had other pressures on parking related
- to construction So I'm not sure if it's apples to apples But yeah, it's a good question. Thank you Can
- I also add I know that this year we do have a there's construction that will also be going on that could
- potentially impact a crooked closure in general just will impact downtown so there's going to
- be a sidewalk maintenance project. Duke Energy is planning some major rerouting on one of their major
- lines that feeds into IU. And again, with the continued Beverly project and also the CVS project or
- better known as the 115 East Kirkwood project as well that these are all things to consider when we
- look at this, that they will impact people downtown. Thank you.
- Go ahead Can you tell me why the administration decided to study this when Last year we decided we would
- keep it open and I think so many businesses on Kirkwood invested not in the Parkland but in their outdoor
- dining space because we basically promised that we would keep it open for a number of years I think that
- study, which you put in air quotes, is really just part of our due diligence for working on the guidelines
- and the guideline updates. Yeah, I mean, I think it's that simple. It's part of our practice. Yeah,
- go ahead. If I can say, so part of my job is to do the implementation of this program, whether that's
- the Kirkwood closure or it's the parklets. So I work with a lot of people. As we mentioned before, when
- we're doing this as a team effort,
- Literally everyone every department at the city and these problems have been brought up in the past
- Well a couple years, but really especially think shout out to our wonderful She's been here year the
- public works special projects manager and Cassie we've just been able to understand better and
- How this program works what the implementation? Successes and challenges are so and thanks to also the
- council and when we presented before we've really had a better understanding of what the city can and
- can't do what are the actual operational realities So that goes into it talking with people constantly
- doing our due diligence as public servants and listening not to just
- Largest voices are the loudest voices, but all the voices people still struggle with accessibility.
- They struggle with Deliveries they struggle with all these other things so we're looking at the full
- picture and these things just get brought to light and so we are Listening to the community to our colleagues
- to people with these struggles and also with their successes with this program And that's it just gets
- brought up. So for the past year since this happened, unfortunately You know, we have to deal with it
- when we hear these things
- Unless there's any objection from council members, I'd like to extend this time by 20 minutes.
- Is that okay? Seeing none, Councilmember Rosemargie, you wanna continue? Any other questions? Go ahead.
- Not a question for staff, it's sort of a procedural question.
- sort of preempt what end of being a debate About whether we should allow during public comment general
- public comment for tonight Comment on this item because it's technically on the agenda. It's
- not a legislative item of legislation My instinct is to during public comment our 20 our general open
- public comment if there are
- people want to comment towards this item, my census would be to allow that. And I don't know if that
- would take a motion or suspension of the rules, because technically it's on the agenda, even though
- it's not an item of legislation, like I said. But I anticipate that. Excellent point. We included public
- comment on the agenda as a part of this. Great. Other points? And feel free, questions, comments. Otherwise,
- we can go to public comment if we'd like.
- Comment I I do find this concerning If if the purpose of ordinance 2502 was simply if the administration
- reaches a different policy conclusion For any reason they can go back on the ordinance then there was
- no purpose in passing it in the first place At least implicit in that to me and in viewing the city
- engineer with authority and emergencies and other
- Situations to suspend it there's some presumption that it's not just the administration reached a different
- conclusion than the council So that's just how I feel about it I guess and Even if it doesn't violate
- the letter of the ordinance it certainly violates the spirit in my mind and That's not the first time
- that's happened under the mayor Thompson administration and
- The type of pattern that emerges makes it hard to trust when we are developing legislation, we're passing
- budgets, those types of things. So to me, this is yet another data point on a larger picture, and it's
- disappointing. And I appreciate the work that's gone into it, I appreciate the outreach, I appreciate
- the creative solutions that are being proposed. To me, that's all both and, though, and it doesn't get
- around the problematic aspect with respect to the legislation the council passed last year. Thank you.
- That I did meet with our Council attorneys about the legislation because I was very confused about this
- memo coming out with a recommendation to stop the outdoor dining program in Kirkwood and The ordinance
- explicitly gives
- to our city engineer and that is for the engineer to make Decisions based on his expertise this decision
- is not based on Any work that the engineer does and I Spoke to our city engineer last week and he had
- stayed out of this So he he knew a little bit about what was going on but was definitely not a part
- of this decision and this memo came out much before
- is now Deciding that it is impractical and I think the ordinance is clear that in section I think three
- City staff has the authority but not authority but city staff is tasked with writing the guidelines
- and the guidelines are to put into place how this program will be implemented and It doesn't give city staff a
- authority to to stop part of this program like that is the city engineer and like the intent if you
- watch the meeting from last year of that was for construction street closures because we had the Indiana
- Avenue Street closure last year and so I am I am so disappointed that this is how this is going I I
- know I went to one meeting with city staff about this but found it I
- I found that the decision was already made before I even had my meeting, which was also disappointing
- to me. And I don't know if any kind of public outreach happened here or not. I've really only heard
- about a few anecdotes about negative things that people think about this program when I mostly hear
- positive things from members of our community. So overall, I'm so incredibly disappointed. It's really
- hard for me to even
- Question on that note is Do we receive more legislation at some point to confirm? the the your intentions
- for this year how Where how do you view it as progressing from from the meeting today? The legislation
- The guidelines need to be updated via the Board of Public Works and it looks like
- Like via section 7 the engineer needs to notify council needs to notify businesses 14 days in advance
- of any suspension of the program and then council needs to be reported to about the reasons within 45
- days of that suspension Backing the frame up just a little bit. I Am just listening deeply to the feedback
- from council members Flaherty and Rosenberger and I think maybe what
- might help is just the the reason this is coming up is because This team feels so strongly that the
- implementation of the program Did not match the intent of the program. So I think that's why this is
- coming before you and it is not intended to be underhanded and in fact the section 7 activation is really
- because it seems like that's more aligned with the
- what the rule states. So I don't know. I just wanted to offer that context and then just say I'm hearing
- you. All right, if there's no other comments. Council Member Pima-Smith, do you have a comment?
- I'm sorry, I might have missed your hand if it went up. Okay, in which case, I'll move to a session
- of public comment now.
- Same general rules, if you can state your name at the microphone or some alias, that would be great.
- Make sure you sign in and you have three minutes. We'd love to hear from you. Oh, for those online,
- if you're wanting to make public comment directly about the Kirkwood program, you can raise your hand
- and we will acknowledge you in turn. We'll start in council.
- Excuse me. Is this for items on the agenda or not on the agenda? This is specifically for this thing
- about Kirkwood and then we're gonna have a second session of public comment after this So my name is
- Adam Martinez the packet states
- 8% decrease in visits year-over-year I wonder how do we know that the street closure led to the decrease
- the economy overall in 2025 was not great for Reasons I won't get into is it possible that the decline
- could have been more significant had the street been open to cars The closure of Kirkwood to vehicle
- traffic is a major reason that many residents myself included visit downtown in the summer when I'm
- sharing drinks with friends, I want to hear their voices and
- Not the roar of internal combustion engines and the squeaking of un-lubricated brakes. I want my lungs
- to be filled with the smells of tacos and teriyaki, not gasoline fumes and microscopic bits of rubber
- from car tires. I understand the program has presented some logistical challenges, but we should view
- this as an opportunity to improve it rather than justification to regress. These problems are solvable.
- The city should look towards other successful efforts to pedestrianize. There's Pike Place in Seattle,
- 34th Avenue in Queens,
- They show that restricting private vehicle access is possible and it leads to communities that are more
- connected more vibrant and more economically productive Kirkwood's pedestrian pedestrian ization should
- be a starting point and not the end of the road I asked the government to make an example of Bloomington
- to show our state in our country that we're not afraid of bold progressive action that improves the
- lives of our residents Thank you But next in council chambers
- Hi, my name is Nathan Petrie and I didn't prepare anything I just came and you know wanted to listen
- to what you guys had to say and then Would say something if I thought it necessary and I just wanted
- to you know start out by saying I only heard about this Two days ago. So to you know councilman Rosenberger's
- point I did not you know, I thought you know, oh Kirkwood's gonna be closed again this summer. Great.
- That's cool I liked it last summer and then you know, I just saw
- Facebook and I follow, you know all the pay all Bloomington's pages and just saw you know, oh we're
- gonna close it Here's why if you want to talk about it, you know, you can come to the City Council meeting
- so in two days or you know one day I don't know if it was that long ago, but and then second point is I
- drive for uber on the you know some nights and I'm sure you know you guys would know that Kirkwood Kirkwood
- and done is a very very busy intersection and the street closure does nothing but help You know me when
- I'm dropping students off at the bars or you know residents off at the bars at that intersection Because
- right now it's open again and that stop sign is extremely important
- busy and Students walking everywhere. You can't really tell when you can go and it was way simpler When
- it was just done and it's you know straight on so I just like to speak to the safety concern of you
- know Dropping people off at those bars and you know people patronizing those areas and that You know
- that could just use some work in general but straight speaking strictly to Kirkwood I would almost wonder if
- We could instead of doing a full closure do those partial closures like you guys were doing You know
- in the fall instead of the entire thing. So that would be another point I'd like to bring up. So yeah,
- thank you. Thank you next in council chambers Hi, my name is Matt Gleason I heard about this today as
- well and I feel strongly about it. So I make some comments I would
- Like the challenge the idea that the economic decline was because of the closing Like Adam said there's
- a lot of other factors between 2024 and 2025 that led to decline in middle-class spinning power that
- I would attribute that to Difficult access for door dash drivers and ride shares was cited as a reason
- for giving up on this program, but I think we should be prioritizing pedestrian safety over those uses
- I'd also question whether opening and closing the corridor throughout the season would cause more strain
- on city resources to Bring out those bollards take them away over and over again Limited infrastructure
- including shade and tables will cited as a reason to quit this program, but They were taken away due
- to undesired activity is the quote but I feel that
- using a lack of shade as anti homeless architecture or hostile architecture is kind of a step backwards
- for Bloomington based on Bloomington's values. And so in my opinion I think keeping Kirkwood open to
- close to traffic open to pedestrians would be great for the city's public space. There's not many places
- that people can just exist or stay for free.
- The city and this is one of them and I think it should say that way. Thanks. Thank you next in council
- chambers Hi, my name is Greg Alexander What's killing Kirkwood is delivery drivers. It's not very subtle
- They're funneling money into dot-coms, you know, it's it's a
- Fee on top of what we're supposed to be paying to our restaurants They're making a mess of our traffic.
- They are incentivizing people to eat far from their homes Without thinking about it without being aware
- of it when we have so many people live downtown and so many restaurants downtown Allowing more drivers
- on Kirkwood will only hasten that decline increasing car priority doesn't solve the problems that we
- have that's kind of Just really depressing thing to have to say still I
- But regarding the possibility of a Kirkwood corridor study You guys need to understand the history of
- these corridor studies. We this body authorized one in 2019 And it took four years and then in 2023
- the study finally was funded and completed and that was now two years ago a solid two years ago
- We haven't seen any fruit of that In fact, we've doubled down on the expenditure at the same time as
- it's become really clear that the mayor is simply going to decide based on her own opinions and You
- should be real skeptical about claims of a future Kirkwood corridor study. We've established a pattern
- of spending money and then ignoring the consultants If the mayor is going to decide regardless of what
- the consultant says we can save that money and if the mayor is going to decide
- Regardless of what you guys say, why are you wasting my time? Thank you. Thank you. Another in council
- chambers. Hi, my name is Bob Castello. I'm the president of Kirkwood Community Association.
- And I want to start by saying how disappointed I am that I have to be here last year We worked with
- the city with Jane Cooper Smith and Kate Rosenberger To come up with an ordinance that everyone agreed
- was the best for Kirkwood The whole premise behind it was so that we wouldn't be here every year talking
- about this issue so that we as business owners could prepare invest and provide a
- outdoor environment for customers and the community. Once again, we are here in February talking about
- whether we're going to keep this open or closed. And I feel like it was disingenuous of the
- city administration to enter into that agreement last year, only to come here this year with engineering
- issues that they think they need to implement in order to close the city or close the street. We sent,
- KCA sent you a rebuttal
- To their memo we never received a memo from the city prior to this meeting We did receive a phone call
- last week on Thursday to talk about it I guess that was the way to be inclusive prior to this meeting
- But I don't feel like we're working well together and I think that if the city is going to close Kirkwood
- for construction issues
- And sidewalks, if we think about that for a moment, they're also talking about doing a study about closing
- Kirkwood to pedestrian... to vehicular traffic. So do we want to invest money in fixing sidewalks, changing
- them, doing construction on the street if in two years we're gonna close the street to vehicular traffic
- and take the sidewalks out and make them curbless? So I...
- kind of question the reasoning behind closing the street and I don't really have much more to say except
- for the utter Disappointment and having to be here and spend more time talking about an issue that I
- thought was resolved Thanks for your time Thank you. We have another comment in council chambers and
- then we'll move to folks online. I
- Good evening The Kirkwood Community Association has been going for a long time It's a pretty amazing
- group. We have representatives of the university We have representatives of the business community for
- the first time ever. We have a city council member attending We also have many people from the city
- of Bloomington attending I've been raving about the meetings how effective they are They stopped being
- effective last week
- When we found out that City staff had sent a memo to the City Council about not engaging in the program
- anymore No one talked to the major stakeholders This is the Kirkwood Community Association and we get
- here tonight about canceling the program doing to engineering the engineer isn't here and There is no
- statement, but everybody else from the city is here
- This program is effective because of the businesses that represent Bloomington. All of our restaurants
- that I consider institutions have activated the corridor. They're all locally owned. It's not chains,
- it's Lenny's, it's Nick's, it's the Village Deli, it's Uptown, it's Farm. Those are the ones that are
- invested in making Bloomington a better place
- Not just for pedestrians, but for the community. That's where we go to see our friends That's where
- we go to see the people in town. We care about it That's we go to ride our bike and wave as we're going
- by as they're sitting out front of necks we've had something so special and Now we're going to put it
- on pause We're not going to use our previous study about how to engage the quarter We're going to use
- taxpayer funded study again that will have no results from in
- or four years. Independent restaurants are dying all over the country. We've been very fortunate, but
- it's not gonna last. It's not luck. It's hard work and commitment from the community. This administration
- has not made that commitment. And the council did last year, and it's deeply upsetting that we have,
- I think we had a 9-0 vote last year, and today the city comes and says, oh, due to engineering,
- which sounds made up when you have no statement and no engineer that we're gonna cancel this program.
- So on behalf of KCA, a huge thank you to the council for your support. We do appreciate it and we realize
- you're powerless here. But we thank you for your support and we thank you for caring about the small
- businesses in Bloomington. Thank you. Unless there's any objection, I'm gonna extend by 10 minutes,
- is that okay?
- All right, any folks online wanting to make public comment? You can raise your hand and we will acknowledge
- you. Are there any folks online? Who? Attorney Bennett, will you say who, please? Oh, sorry. Is someone speaking?
- We can hear you, albeit faintly. Hello, I'm Colin Nielsen. I've spoken before about this issue about
- permanently closing Kirkwood to vehicular traffic. I just wanted to say that I think it is interesting
- that there was a decline in foot traffic despite the increase in events during 2025.
- would hesitate to like, I think the administration could be making a mistake of mistaking a hypothesis
- for a fact and kind of reaching a conclusion like immediately like identifying one difference between
- 2024 and 2025 and then coming to the conclusion that that is the reason why there was a decline in foot
- traffic when there could be other possible reasons.
- I think it would be difficult for the city to try to identify all of those reasons. It could be general
- trends, like was suggested by other speakers, general economic trends. But still, I think this,
- I think there, without a doubt, Kirkwood is more enjoyable to visit as a pedestrian when there is no
- vehicle or traffic. And I enjoy it.
- enjoy it and my family enjoy it when we make the visit and I think that it would be a shame to get rid
- of the corridor to get rid of the pedestrianization at least up until a study a corridor study could
- be completed because as has been pointed out these corridor studies take several years so it
- hate to wait for up until like 2030 until something finally comes out and I think with the corridor
- study there should eventually I would hope that it would be able to identify an optimal solution for
- all these issues that the city that the administration pointed out but right now I think it would be
- beneficial to continue this program at least for another year
- to see if 2025 numbers were just a fluke or if, oh yeah, so thank you. That's all. Thank you,
- thank you. Are there other commenters online? All right, next person up. Thanks for the time. Galen
- Cassidy here, one of the owners of Uptown Cafe. So obviously a big participant in this program.
- And you know, I know this is tough for everyone. It's hard to know what you want. It's hard to change
- with anything. And I definitely think it doesn't make sense necessarily on every block, but like this
- ordinance has been written, I think the city engineer should determine that based on whatever's going
- on in that specific season at the time.
- I do think there's a lot of opportunity for Kirkwood in the future and I'm glad to know there's a quarter
- study. I'm just worried that like some other commenters have mentioned that this is ultimately just
- gonna be a bunch of time and money with nowhere to go. I think we need this experience now to know what
- we wanna do with this space in the future when we do have the ability to maybe make some infrastructure
- changes that could really make it a beautiful place. Kirkwood is obviously a jewel in this town
- You know, I just, I just think that that opportunity for a pedestrian friendly Kirkwood in the future
- is I'm optimistic about it. If, if we can accomplish it, if we set deadlines and we, we carve out a
- budgets and we go into it with an intention that we actually want to make a change. But I think too,
- too many times in the past has been the experience with this city, you know, many administrations. Um,
- we've just kind of set these lofty goals, but they just end up being that and we never really try to
- tackle it. So.
- You know, I think an infrastructure change to Kirkwood, maybe it doesn't mean a complete road closure,
- but it's some kind of conversion that is much more friendly to pedestrians. Safety is at the forefront
- as well. And I'm just optimistic for that. So again, thank you for the time and appreciate
- your consideration. Thank you so much. Do we have another commenter? That's all the folks online. Is
- there anybody else in the room? Yeah, please.
- And if anybody else you can anticipate and sign in ahead of time will save us all some time. Hi Talisha
- topic with downtown Bloomington Inc. And I really just wanted to take this opportunity to thank everybody
- who's been participating for five years on outdoor dining and the topic there's been so many thoughts
- and city resources that
- Put towards it private resources that have been put towards it. So, you know, I think we're all working
- towards that vibrant downtown that's fun and safe and inviting and You know, it's just it's it's frustrating
- for everybody all the way around but I just want to say thank you because it's important and That you
- know, maybe there could be some type of compromise. I mean, I thought Galen's points were
- valid and, you know, Bob had mentioned maybe earlier, too, especially those, you know, there are like
- 10 IU event dates that are significant dates, not as large as the IU celebrations for the national
- championship, but, you know, graduation and Little 500 and some of those big weekends that
- Especially safety if that's like one of the issues in in that done Kirkwood area when it gets so crowded
- I'm not down there at 10 o'clock at night. So I don't know what it's like but
- You know downtown's used so many different ways at different times of the day So it's it's worth listening
- to that and planning for it But just kudos to the city staff for cleaning, you know, Zack who goes out
- and picks up trash every single day The public works staff who are putting those bollards out and taking
- them back in So, you know, I think a lot of people are trying we're just trying to figure out what is
- going to work But thank you. Thank you
- Evening, this is Chris Ramsey from the greater Bloomington Chamber of Commerce. I wasn't going to speak
- but I heard Galen's His public comment. I just want to echo those thoughts surgically on infrastructure
- the you know Our conversation with the members and in our survey data was pretty split on this but one
- thing that that was kind of
- across the board was the space has not been activated consistent enough to feel comfortable and economically
- productive We're just not quite there yet and it does work on certain blocks and it doesn't work on
- others so often it feels empty underused and uninviting on outside major events and a lot of Toward
- the east part of Kirkwood. There's just no shade. It's pretty brutal and so I was doing some problem-solving
- and and What how do we pay for this infrastructure and one?
- Idea I came up with was the city as it's moving towards selling the RDC property formerly known as Bunker
- and Robertson To possibly use those proceeds to invest directly Into a permanent Kirkwood infrastructure.
- I mean that we've heard a lot of work that's gone into this I hate to see this just kind of wait five
- years or six years that a lot of people's best effort is into this but it also needs infrastructure
- and it needs money where budgets are really tight, so I
- I just want to give that and I just would appreciate everybody involved from the city staff to the council
- on this I know this is a sort of a tough issue and we all have our heads Sort of in the right space
- for this and we all want what is best. So I'm Hopeful. Thank you for your time tonight. Thank you All
- right going once for the last chance to make comments twice anyone online
- Alright back to to council members. Do you have other questions or comments that we have about five
- more minutes here? Thank you, I'll just take a quick comment Just a quick moment, I guess to also echo
- some of the public commenters and trying to find some kind of a compromise Echoing the concept that
- some of the blocks had more activation than others and
- I think the other thing that has happened over the last five six years is that Bloomington as a community
- has started assuming that it is going to be closed and that you know not only adds that bit of stability
- to the business owners downtown, especially the restaurants and the street dining but also to the community
- in terms of knowing, you know what route they need to go and it kind of struck me that
- Actually, just now, as I was listening to folks, I was driving downtown with my daughter the other day.
- Can't remember where we're going anymore, but the route was gonna take us up Kirkwood, and she was like,
- oh, is Kirkwood open now? Because she just assumed that it was still closed and had figured out other
- ways to move around, and the going back and forth, I guess, makes me a little bit nervous, and that
- part of what we did last year was try to give that stability of going, yes, it's going to be closed.
- What's going to be closed exactly is going to be based on that participation, which means, you know
- at the staff level You're you're gonna make that decision at the staff level and I am a little
- bit disappointed this year that then at the staff level We're going out even though there's participation
- in some of these blocks We're still going to close it and I or we're still not going to close it and
- I appreciate that there are some challenges related to having it closed, but I wish that we were approaching
- those challenges a little bit differently and
- than just deciding not to close it, thanks. Council Member Piemat-Smith. Yes, I want to start by thanking
- the ESD staff for their hard work. I did meet with Ms. Monninger a couple of times, and I think their
- memo makes good sense. On the other hand, and I think,
- rereading ordinance 2025-02, I think the council made it very clear that we wanted to approve that,
- which was a revision of the original ordinance that came to us last year. And we wanted to approve it
- because we wanted to give the businesses some stability, at least for the foreseeable future to allow
- the investments that they made last year in the outdoor dining and to be able to plan ahead.
- And specifically now rereading section seven, where a discontinuation of the program is done by the
- city engineer for engineering reasons is the implication that I'm reading in section seven. I think
- the administration may now be asking the engineer to come up with
- some engineering reason, but obviously these are not engineering reasons, most of them, for not closing
- the street this year. And so I do feel like it's going against, if not the detailed words, but the spirit
- of Ordinance 2025-02. So I hope that we can still change the direction here
- in order to, well, change the direction back to stay on course to really make this a street for pedestrians.
- And I also think, you know, I agree with the people who have brought up during public comment that,
- you know, corridor studies take a long time and then you have to have the money to implement what the
- study says. So it can be years before we're back on track
- which I think is a track that we all agreed on at the outset that it's good to have this be a pedestrian
- space. And that's in our transportation plan. So I hope that we can come up with some other solutions
- for some of the difficulties the staff have raised and still close at least part of the street.
- Thank you. Excellent. Thank you so much. Any anyone else? Please go ahead and we'll move on.
- I'll just add one thing. I think there were some comments, and the memo definitely pointed to blocks
- without shade. That's mostly the Monroe County Library block. I think we take away some sidewalk there,
- and so there aren't street trees like the other blocks. But I do want to say, so it's kind of the memo
- saying there are blocks that are not hospitable. But I want to say, we didn't talk that much about Uptown,
- and Nix, and Village Deli, and Farm.
- Those blocks are great and they feel so wonderful. And so we're focusing so much on this block with
- the library that No, no one is participating there, but the places where people are participating It's
- super awesome. And I think that's what people are saying here. So I just want to like make that point
- that Those business owners really took it, you know upon themselves to take maximum space in the street
- and picnic tables and Banners and lights and all the things and like it's very cool. You feel like oh
- You're in little Europe sometimes and that's really great. So thanks for that Thank You councilmember
- Okay, we're at 730 so for the sake of time if it's okay with everyone we should move on but I think
- it's very clear that we want to continue having conversations and engagements on this and perhaps in
- one of our deliberation sessions we can think about action that council might want to take in the space
- seeing any objections I
- Any objections? All right, then I will move on. Thank you so much to the mighty ESD for, well, dealing
- with us. We appreciate you so much. All right, we are going to move on now to appointments to boards
- and commissions.
- We have a, you're right, sorry, I'm sorry, thank you. We have now a general session of public comments,
- so if you want to make comment for things that are not on the agenda, now is your opportunity to do so.
- Go ahead. Thank you. My name is Susan Brackney. When you ran for city council, I'm guessing that you
- didn't expect that you'd be serving in the middle of an authoritarian takeover of our democracy.
- But you are. Fascism is here. If you haven't already acknowledged this reality,
- and considered what it may mean for you as a council and as individuals, I urge you, I urge you to do
- so. I hope you'll meet with one another and with other local officials to plan for scenarios that could
- happen here as bad actors continue to try to consolidate their power from fed to state to here. For instance,
- What if ice or DHS sends their masked squads to protect our polling places? during the upcoming midterm
- elections will the BPD I UPD Monroe County Sheriff's Department Cooperate with the masked agents or
- will they protect us?
- Have our law enforcement officials worked through these kinds of scenarios for themselves internally?
- What about ice coming into area schools and businesses? No identification no proper warrant side signed
- by a judge Some folks at the state level appear to be fine with this They may even pass a law requiring
- schools to turn kids over to ice what do you do capitulate fight back?
- If you fight back, what does that look like? What support do you need from the rest of us in order to
- fight back? How about this one the DOJ is being used to pursue political enemies and chill free speech
- What will the local prosecutor do if pressured to bring charges against poll workers local journalists
- or opposition party leaders? What's the plan? capitulate or fight back
- This last one is not simply a thought exercise. What about partnering with block security at a time
- when our first and fourth amendment rights are being trampled upon? Why would we trust anyone at this
- point while our data are being weaponized and used against us? This plays right into authoritarian rule
- and is simply a non-starter. I'll leave you with this. Where are your personal and professional red lines
- And what will you do if or when you're asked to cross them? We're counting on you to stand up and have
- courage in the face of fascism so that we can too. Thank you. Thank you. Others in chambers? Weren't
- you in line first? I think he was here first. Back for an encore.
- Mr. President, this is Chris term G from the Greater Bloomington Chamber of Commerce tonight. I'm be
- representing our 911 businesses Let's talk about identity momentum and what happens when a city invests
- in its future with intention Last month our community erupted when IU won a national championship out
- of nowhere But that moment reeled something bigger than a trophy it showed what Bloomington becomes
- when the whole city rallies when pride turns into momentum and
- when our collective story lifts everyone. It's not just about athletics, then. It's about what we're
- capable of when we choose growth over complacency, unity over drift, purpose over futility. As I was
- in my 18th interview on what the football team success means to the economy, I started thinking things
- a little bit bigger and wrote in our advocacy matters post, I begged the question, if we harness that
- same energy,
- The belief the cohesion the narrative power of iu football across everything we build here. What would
- happen? I believe that's not just a good question. It's the right question at the right moment earlier
- than I was at the exciting economic vehicle Known as amplified Bloomington its kickoff led by John Fernandez
- and that message was sharp and it was urgent Bloomington already has extraordinary assets. Our job is
- to align them invest in them but championships
- And branding don't sustain acidity a city livability does This morning I was at Sunrise Rotary with
- dr. Winston the superintendent from MCC SC Who shared on a great example of some of that which was that?
- 2023 referendum that put six point two million dollars in this expanding early learning that investment
- double pre-k access for families That's just not just an education win, but that's an economic development
- one that we're investing in something
- that shows huge growth. It strengthens our workforce, supports families, and makes Bloomington competitive
- as a place to move, to stay. And Bloomington's not just a place to catch a game, grab a beer. It's where
- we want to build careers, raise families, start a business, put down our roots, to fully recognize our
- future. We need to do three things. We need to tell our story, market who we become, keep investing
- in these places, in our talent, the foundations that matter,
- Make growth easier streamline planning and permitting so private investing can and will happen as we've
- heard and I've talked about our population is stagnated Our revenue structure leans heavily on local
- income tax which tends to function best when we have people live and work here Long-term stability depends
- on welcoming new residents families employers simply put Now is the time now is the time to align this
- momentum remove barriers Invite investment and build Bloomington. We know
- that is possible. Thank you. Thank you. Anybody else in council chambers? Hello. Sorry it's me again.
- I'm Greg Alexander. I just want to express my dismay at the continuing state of the sidewalks now a
- week and a half after the snow stopped.
- Really think city staff needs to come before you and tell you if this system is working The thing that
- really upsets me is department heads have come to you, but they told you it's working It's not working
- having the property owners clear the sidewalk is not working It's not working for the high-injury network
- where people are still walking in the street, even though drivers are completely back to normal They're
- driving aggressively. They're driving fast. They're speeding It's not working at city-owned properties
- The policy of having the property owner clear isn't working at city-owned policy at properties The city
- is one of the bad landowners who doesn't clear their sidewalks When you fail to demand an honest and
- correct answer from the administration you abandon democracy You can't solve every problem, but you
- have given up on getting true answers That's you're acting on behalf of the voters
- You're making us give up on that and I don't think we should give up on that that basic standard of
- truth is important anyways Speaking of things. I also want staff to talk about There was a transportation
- fatality downtown last October Sorry, it took me so long to get here staff hasn't come here yet and
- said anything about it It sounds like a very old man experienced pedal confusion in a rental car he
- crashed into a inside of a garage in a hotel downtown and
- One of the other passengers in his car died in that wreck. You know, I know a lot of people just don't
- care about something like that. There's no alleged wrongdoing, no scandal, no drunk driving, no leaving
- the scene. You know, it's a single car crash, so it doesn't matter. I don't think that way at all. I
- think that death matters. I think someone paid with their life to teach us a lesson, and we have to
- listen. I really think staff should come to you every time somebody
- dies in transportation So the administration is convinced that bringing cars downtown especially for
- tourists is the solution to all of our economic problems and I'm I can't tell you what that's true or
- not But they will suffer this kind of mishap this happens, you know, and we know it happens It's a cost
- and you guys hear from a cohort that is convinced that as they age the secrets mobility is going to
- be their cars and
- We all know, eventually, you have to take away grandpa's keys. There's a huge consequence when you have
- someone who is losing their acuity, losing their reaction time, losing their awareness, and they're
- still driving. So those are costs that I think you guys need to be aware about and you need to explicitly
- acknowledge. It doesn't tell you what you ought to do, but we need an accurate and honest accounting
- of where we're at. Thanks.
- Thank you. Do we have any comments online? All right. Okay, first person, take it away. Hello,
- am I live? Yes, you are. We can hear you. Greg stole my thunder. I would like to draw your attention
- to the recent down large snowstorm also, because I think one foot of snow exposed some glaring disparities
- in how the city treats different groups.
- And by the way, my name is Paul Rousseau. I should have said that. In my view, two classes of citizens
- emerged. Those who are transported through public space within private motor vehicles and those who
- are not. Snow stopped falling shortly before sunset on Sunday. The overwhelming majority of city streets
- were cleared by sunset on Monday. Parking lots were cleared in the first few days. In sharp contrast,
- Public sidewalks remained buried under packed snow and ice for several days. As I speak, 11 days after
- the storm, there are still many sidewalks that were never touched and are simply treacherous for most
- people over 30 years of age. I sent all of you in the council about an hour ago an email so you can
- see the pictures for yourself or at least a dozen of them that I took.
- If Bloomington wants to claim to be a community and particularly one that is equitable, this situation
- must change. In my view, the city must become more responsive to the needs of pedestrians. I would recommend
- greater flexibility to find new solutions in a world of increasingly unpredictable climate. I see three
- areas of improvement that could be made, enforcement, education, and personnel, but I'm not an expert
- at all. I don't claim to be.
- but we clearly need to come up with creative solutions. First of all, I've been mostly impressed by
- the performance of the compliance officers with housing and neighborhood development. My impression
- is that they have been understandably overwhelmed by the failure of so many property owners to clear
- adjacent public sidewalks as required in city code. It is probably no exaggeration to say that there
- are still thousands of cases or there were still thousands of cases of non-compliance
- as late as last Thursday, which was four days after the storm. But Hand has only seven employees assigned
- to the problem, and they don't work on weekends. The process normally works like this. Each employee
- has about one hour per day to discover cases of noncompliance on their own. I was told that most cases
- are instead initiated by citizens who know about the YouReport system. Hand responds to YouReports within
- one or two days.
- A compliance officer then inspects sidewalks that were reported. If a violation is verified, then the
- property owner is usually warned. This is usually two days after somebody in the public got out there
- and notified them. If the violation persists, more days go by until an officer again has time to inspect
- the site or until another report is received. Then the compliance officer visits the site again and
- issues a ticket finally for a mere $50.
- To understand how ineffective this enforcement that is your time Sarah the cost of removing the snow
- would exceed $50 if someone had to be hired for the test Sorry Paul as I mentioned last month month
- the fine schedule in the city code is out of date with more time I could have shared other ideas with
- regard to education and personnel flexibility Paul. Thank you so much. That's that that was your time.
- Thank you Thank you. We have another commenter online
- You do. Good evening, President Asari and council members. My name is Vicki Vinker. I am the mayor of
- Bloomington Sibling City Palo Alto, California. We have a different system of government out here, so
- I'm also a member of our city council. It's been fascinating actually to listen in on this meeting.
- We have been debating closing streets and such, so I've been taking notes and learning a lot.
- Anyway, I was last before you about four years ago before I was on city council.
- in the capacity as founder of Sibling Cities USA. I was delighted that the council voted to enter a
- Sibling City relationship with Palo Alto. As most of you know, the purpose of Sibling Cities is to bridge
- our nation's regional divides by community members in the two cities doing joint events. We have done
- things that range from joint author talks, to town halls, to joint meetings of legal women voters, Rotary
- Kiwanis, etc.
- I am also a graduate of IU, so I wanted to let you know that the most recent Sibling Cities event was
- a watch party for the College Football National Championship. And so tonight, I joined your meeting
- to offer a giant congratulations from your friends in Palo Alto on being home to a national championship
- team that inspired a nation.
- And I will tell you that I actually put on my IU hat and my Rose Bowl t-shirt on the dais at the City
- Council meeting the following Monday. So it's on video. You can see it if you want. Also, I wanted to
- let you know that the Sibling Cities team is working on bringing a group of Palo Altans to visit Bloomington,
- probably in October, but sometime in the fall. So I intend to come. There'll be some rotary friends and more.
- The last delegation visit was a group from Bloomington coming out here, so it's our turn to travel.
- And I know you can't engage in colloquy with public commenters, so I'll look forward to following up
- with all of you offline, but I would love to see you then. So congratulations again on the national
- championship. Bloomington is a very special place, and I really look forward to being back there this
- fall. Thank you. Have a good evening.
- Thank you so much and we look forward to receiving you. All right, we are now moving on to Appointments
- to boards and commissions if we could we can just go Team by team list all of the people that you have
- and then we can if there's any discussion or questions We can do that and then make hopefully this one
- one motion to save some time. So team a I think councilman Sasberg
- Thank you on behalf of interview committee team a I would like to move to make the following Appointments
- for the Animal Control Commission to reappoint Sita Cohen to seat c1 For the Commission on the status
- of black males to reappoint Sidhu McLeod to seat c2 for the Commission on aging to reappoint Wendy Rubin
- to seat c1 and to appoint Stacey Bruce to seat c2 for the Board of Zoning Appeals to reappoint
- Joe Throckmorton to seat c1 and
- for the Bloomington Monroe County Human Rights Commission to reappoint Kathleen Bensburg to seat C2
- and For the Board of Housing Quality Appeals to reappoint Zoe Zollman to seat C2 Thank you Any questions
- or comments on TMA? I think team a also had one more appointment For the Commission on aging. Yes, that
- was Stacey Bruce. I mentioned her in my I didn't catch that one. Sorry. I did. Thank you Thank you
- Any other questions? Okay. Otherwise, yes, please Tell me more about the Board of Zoning Appeals
- recommendation in particular was the proposed appointee Interviewed and how did that go? And if so,
- and if not any insights you could share from staff recommendation or anything like that Interviewed
- by us, but they were recommended by the staff to reappoint
- Did the So I think it was last summer and actually beyond summer there was a long period of time where
- there was a Duplex that was proposed as a conditional use that was pending before the Board of Zoning
- Appeals For like many many meetings. They had some forum issues, but it was also sort of held up on
- the basis of some Board members sort of
- Not agreeing with the staff recommendation, but also failing to come up with their own set of recommendations
- led to like six months of delay for the Homebuilder adds costs. It's you know, it kind of goes against
- I think what the UDO says on Conditional use and so I I don't believe I'm mistaken I think and this
- particular recommended Appointment was one of those people that was sort of preventing this or moving
- forward. That was a concern to me at the time I
- Did that come up at all in order to like the staff recommendation that did not come up Okay, I guess
- I'd like to request that we pull that particular Recommendation for reappointment out for a separate
- vote There's a motion to separate this to separate the question I guess Can we need to any did somebody
- second that motion Well, nobody seconded my original motion. So should I just think
- Yeah, I mean because we because I asked that we do them sort of as a batch so but you can you remove
- that one Are you okay to remove it and we can consider that separately? Yeah, that's fine. Okay, then
- in which case let's move on to group B. Do you want to? Introduce who's go ahead Councilman rough The
- digital underground advisory committee reappoint Andy Coop
- cc2 Commission on the status of women to appoint cc swallowing to seat c1 Shayla George to cc2 and petty
- moon to cc3 For the dr. Martin Luther King jr. Birthday celebration commission to reappoint James Sanders
- to cc2 for the community advisory on Public Safety Commission to appoint Michael Burton to cc2 to reappoint
- Sharon Wayne Shabam
- To see c3 and reappoint karshan nair to cc5 For the environmental commission to reappoint Mitchell Owen
- to cc3 and to reappoint Shannon gate to cc4 for the utility service board to reappoint Megan parmenter
- to cc1. Okay any questions or comments on on that list? Objections Seeing none team C
- the Redevelopment Commission to reappoint Randy Cassidy to seat C1 and reappoint Deborah Meyerson to
- seat C2. For the Commission on Hispanic and Latina Affairs to appoint Denora Sapp to seat C1 and reappoint
- Maria Puskama to seat C4. For the Commission on Sustainability, appoint Christopher Miles to seat C4
- and reappoint Zachary Ammerman to seat C5.
- and for the Commission on the Status of Children and Youth to reappoint Joseph Shing to seat C2 and
- to appoint Triana Moten to seat C4. Any comments, questions, objections? Okay, I'm seeing none. Is there
- a motion for the three lists that are without objection? And then we can deal with the one with objection. So moved.
- Is somebody moved that we adopt those three lists I moved that all three interview committee recommendation
- interview committee team recommendations be approved All right, there's a motion in a second. Will the
- clerk please call the roll? One more time councilmember Stasberg
- Piedmont Smith Yes Zulek. Yes. I'm sorry. Yes Rallo Ruff. Yes Rosenberger Flaherty. Yes That motion
- passes at 9. Oh, I'm sorry eight eight. Oh, sorry the one person the BZA appointment is there is there
- a motion there I
- But I have a comment. I just want to point out that when team a met we only had the one application
- for the BZA and I think that that was part of the other reason why we didn't interview I just looked
- at on board right now. We Received a second application for that board three days after our last meeting
- So I'm gonna withhold that motion at the moment
- Recommend to my colleagues on team a that given that Objection by a colleague that we should do additional
- due diligence, especially since we have additional applicant for that board So I won't be making a motion
- with regard to that tonight Great, okay. So then we're all in agreement. Okay, I think we also have
- a an HPC appointment, is that correct? Does anybody want to motion to introduce them? I move that
- For the Historic Preservation Commission to appoint Jeff Golden to seat m4 Karen Duffy to seat m7 John
- Butler to seat m8 and Abby Hanson to seat m9 Second Thank you. I have a motion and a second and oh the
- comment from the clerk. Sorry. I'd made a I made a mistake. I
- No, no just to clarify that you're not appointing you're approving the mayoral appointment mayoral,
- right? Okay, so can you it was my fault for writing it that way in the memo, so I apologize I move that
- the Bloomington Common Council Approve the mayoral appointment recommendations to appoint Jeff Goldin
- to seat M4 Karen Duffy to seat M7 John Butler to seat M8 and Abby Hansen to seat M9
- Alright, there's a motion and a second any discussion Comments go ahead. Um, I will just say that the
- outgoing chair Sam to solar was not reappointed and I will just
- I would just like to thank him for his many many years of service to the Historic Preservation Commission
- And say that I had a really really lovely time working with him, especially when we were putting together
- the council HPC Joint discussion meeting. So thank you to Sam for his service Thank you any others.
- All right, will the clerk please call the roll on that motion? Yes, and thank you
- councilmember Piedmont Smith Yes Zulek, yes, sorry. Yes Rallo. Yes rough Rosenberger Flaherty. Yes Stasberg.
- Yes. Thank you Fantastic. Yay. Oh, we did it now if unless I'm wrong We are moving now to legislation
- for first readings. Are there any motions? Oh
- I would like to Move that ordinance 20 20 6 0 4 be introduced and read by the clerk by title and synopsis
- only There's a motion and the second will the clerk please call the roll Councilmember Zoellick. Yes.
- I Sorry, yes. Hello. Yes rough. Yes. I
- Rosenberger. Yes Flaherty. Yes Stasburg. Yes Piedmont Smith Yes, thank you. All right that motion carries
- will the clerk please read Yes ordinance twenty twenty six dash zero four to amend title two of the
- Bloomington Municipal Code entitled administration and personnel to consolidate and amend boards and
- commissions provisions in chapters two point zero two two point zero eight and two point one two the
- synopsis is as follows
- This ordinance sponsored by council member Piedmont Smith consolidates title two provisions regarding
- boards commissions and councils into a single chapter adds code of conduct provisions and Renames the
- Bloomington Commission on sustainability to the Bloomington Commission on sustainability and resilience
- Excellent, thank you very much our next ordinance Ordinance twenty twenty six zero five be introduced
- and read by the clerk by title and synopsis only
- There's a motion and a second. Will the wonderful clerk, please call the roll. Councilmember Asari.
- Yes. Rallo. Yes. Ruff. Yes. Rosenberger. Yes. Flaherty. Yes. Stasberg. Yes. Piedmont-Smith. Yes.
- And Zulek. Yes. Thank you. Will the honorable clerk please read.
- Ordinance 2026-05 to amend Title II of the Bloomington Municipal Code entitled Administration and Personnel
- to allow discussion at first readings of ordinances and to clarify the ordinance and resolution readings
- provisions in Chapter 2.04. The synopsis is as follows. This ordinance, sponsored by Councilmember Zulek,
- allows debate and amendment of ordinances at first readings. It also clarifies the readings and voting
- procedures for ordinances and resolutions.
- Thank you very much. We're now moving on to legislation for second readings and resolutions Like to
- move that resolution Twenty twenty six zero three be introduced and read by the clerk by title and synopsis
- only There is a motion in a second. Well the Honorable Clerk, please read ups call, please You know
- the thing where we say yes and no
- I'm there. Thank you. Councilmember Rallo. Yes rough Rosenberger Flaherty. Yes Stasberg. Yes Piedmont
- Smith Yes, Zulik. Yes and sorry. Yes Well the Now at this point what's already been read you've motioned
- wrong, you know now motion that it be adopted what?
- Just read it again. Hey read it Resolution 2026-03 to rename sidewalk standing committee of the Bloomington
- of the Common Council Sorry, the synopsis as follows this resolution sponsored by council members Piedmont
- Smith and Stasberg Renames the sidewalk standing committee to the pedestrian safety standing committee. I
- Thank you. That's usually my cue I'd like to move that resolution 20 2603 be adopted All right, do we
- have someone presenting on this Councilmember Stossberg take it away Councilmember Piedmont Smith and
- I did not coordinate this earlier today, but I think that this is relatively easy
- self-explanatory if you remember back to the Deliberation session we had last year. We talked about
- sidewalk committee and we talked about committees in general the sidewalk committee as it is currently
- known Has broadened its scope in recent years to not just fund sidewalks, but also fund other pedestrian
- related projects. So this resolution aligns the what we're actually doing with
- What the the committee purpose etc is and so it's one of those moments where it's like well I think
- that we should either align with what we're doing or we should go back to the original purpose and Focus
- more narrowly. So it adds that focus of not just
- Sidewalk installation and improvement but also pedestrian access points traffic calming and other safety
- improvements and then renames it as the pedestrian safety committee Which I do believe was one of the
- suggestions that was thrown out at our meeting last year Councilmember Piedmont Smith. Do you have anything
- to add? No, I did not. Thank you. Great. Thanks. If anybody has any questions, let me know wonderful
- any questions Seeing none we will move to a time of public comment and
- Does anyone in the public wish to comment on resolution 2026-03? Is there anyone online? Anyone in chambers?
- All right, we'll return to council. Any comments? Seeing none.
- Members that's just comment. I like to comment as a sponsor I just want to thank my colleagues for their
- deliberation about This committee and committees in general that we did last year We did a lot of thought
- about that and I just am grateful for everybody's input I'm glad that we could kind of put the little
- bow of finish on this. So thanks. Thank you for your work Will the clerk please call the roll on ordinance
- 20? I'm sorry on resolution 20 2603 Yes councilmember Ruff
- Rosenberger. Yes Flaherty. Yes Stossberg. Yes Piedmont Smith Yes, Zulek yes, sorry, yes that motion
- carries eight That motion carries eight. Oh, thank you very much Nexus ordinance twenty twenty six.
- Oh one Move that ordinance twenty
- 2601 be introduced and read by the clerk by title and synopsis only There has been a motion and a second
- will the clerk please call the roll yes councilmember Flaherty Stasberg yes Piedmont Smith Yes Zulik
- yes, sorry. Yes Rallo. Yes rough. Yes Rosenberger. Yes. Thank you. I
- Thank you. That motion carries. Do I have another motion? Would you like me to introduce an amendment?
- Well this time would you like I'm sorry. That's right. It was a mistake. You need to read I'm sorry
- for the third time.
- Move that ordinance 20 20 601 we voted this sorry. I this is my fault I'm doing a bad job You were you
- were supposed to read by by title and synopsis for the third time and I'm sorry That's what we voted
- on. Will the clerk please read? Absolutely
- Ordinance 2026-01 to amend Title 20 Unified Development Ordinance of the Bloomington Municipal Code
- regarding response to Resolution 2025-12 related to amending the affordable housing incentives and payment
- in lieu provisions. The synopsis is as follows. Ordinance 2026-01 amends Title 20 Unified Development
- Ordinance in the following manner.
- One, it increases the maximum impervious surface coverage allowance for single-family detached and duplex
- residential lots in the R1, R2, R3, and R4 zoning districts for owner occupancy projects using the affordable
- housing incentives. Two, it increases the maximum impervious surface coverage allowance and decreases
- the landscape area for projects that meet tier two affordability standards. And three, increases the
- dollar amount of an eligibility for payments in lieu of providing housing.
- All right. I see that we have I'll make a motion for it to be adopted 2020 601 to be adopted All right
- Now I see that we have This is the director of Scanlon here. We've heard this before but so if there's
- any updates that you'd like to give take it away
- Assistant director Jackie Scanlon from planning and transportation. I don't have anything to add from
- the last time We previewed this ordinance if you have questions, I'd be happy to answer them I guess
- I do have one thing one of the items that we discussed Potentially being able to bring here tonight
- was trying to determine what the total value loss of like financial loss of having a unit in perpetuity
- or 99 years be affordable as opposed to doing a payment in lieu of
- As you can imagine we've talked about before that's quite complicated I think what we are going to have
- to do is we are going to have a contract with an economic planning firm this year for a nexus study
- that's another portion of this part of the code related to commercial development and offsetting their
- kind of creation of the need for affordable housing based on their kind of lower income positions that
- they create that firm also does quite a bit of residential nexus study work, so I think we
- Anticipate working with them to see if we can have them use our local data to project out what that
- loss could be Otherwise, I think I'd mostly just be taking a shot in the dark I do think that based
- on as I mentioned before I'm pretty sure councilmember Flaherty has talked about this in the past and
- so I think it is I think we agree that the 50,000 is probably quite a bit less than the overall loss
- that the city is
- Losing by doing payment in lieu. But other than that, I don't have anything that I think I was supposed
- to bring So let me know if you have any questions. Thanks. Excellent. Thank you Councilman sasper And
- I just have kind of a clarification question I suppose because I've heard a lot in the last couple of
- weeks about the impervious surface coverage and we have actually a last-minute amendment related to
- that in terms of that increase, but I just want to clarify for council and the public and myself that
- In terms of projects that would use these affordable housing incentives, they would still have to follow
- environmental requirements, right? So if there is like a karst feature on the property, they can't like
- build on a karst property even if that means that they can't
- The lot 80% if there's tree preservations, we have tree preservation rules They still have to follow
- tree preservation rules. They still would have to follow anything from CBU related to Like stormwater
- and all of that kind of stuff So those things combine like like this incentive doesn't like overrule
- the need to follow all of those other environmental standards, right? Correct. Yes. Okay, all the other
- environmental standards are still
- In play and required to be met. Okay. Thank you Any other questions, all right, I think we have an amendment
- Please go ahead Start a payment in lieu. I was trying to track for myself the historical evolution here,
- but I'm in real time trying to catch up and maybe you can just help explain or remind
- Explain for me a rhyme remind me of the the path we were on there. So I Have some of our past versions
- of the UDO saved in my console related files and I was looking at the version from 2019 or 20 That really
- discouraged payment in lieu as a mechanism. I think primarily for reasons related to Trying to get afforded
- but both permanent affordability in units as opposed to dollars in the fund and
- Trying to get affordable housing interspersed with market rate housing including within the same development
- and so the sort of earlier version of the UDO had a very narrow set of circumstances in which payment
- in lieu of providing affordable housing on in unit or on-site Could could be allowed and then I'm looking
- at what I think is the most the current version of the UDO and reviewing that provision and it seems
- like that's Changed quite a quite a bit, right?
- In fact now it's just an option with no Discouragement relative to in unit affordability or in on-site
- affordability at all. Is that right? It's just like this is a thing you can do. Yes, that's correct
- Do you could you do you recall when we this was I think this came from staff? Was it last year the year
- before? Was it under this administration I guess or was that under the previous administration?
- Hold on. Let's see I believe it was the previous administration
- Maybe 2024. Yeah, no, I think it was earlier than that. But let me check. Hold on I Feel like I also
- have all the old videos as you can imagine Yeah, I think this ordinance is along with what we considered
- with the Rolado last year have both like brought into sharper focus the implications of that policy
- choice several years ago and I think it's related to how I'm interpreting and thinking about
- Disordinates this before us today. So that's why I'm trying to trade sure there but Hold on. I'm just
- trying to check quickly This will only take another we don't need to date actually I think just like
- talking through it and you confirming something like those changes and sure so it changed Let's see
- when the original rule was written the administration very much said priority the administration at
- that time the Hamilton administration priority for units on site and
- Second units off-site third payment in lieu So the regulations that were written in the 2019-2020 version
- reflected that in the july 2021 version is Those are still there and then in the next version of the
- udio, which is june 2022 they are gone so in june 2022, I think is when the previous administration
- decided to
- To kind of open that possibility up Do you recall if that was coming and if you don't remember it no
- worries at all I'm just trying to understand a little bit more about the context of how we got to where
- we are now and what we're considering about payment in lieu now was that coming from the hand department
- or the planning department or More like the mayor's like office of the mayor. It's totally okay. Yeah,
- I don't recall specifically I mean, I think I want to say I think off the top of my head the change
- was because You know now it had been in place
- for a couple of years, and we were starting to get some feedback about how difficult it was possibly
- going to be in the student-focused larger developments to... like, yeah, getting the units in those
- develops was maybe not actually the goal that... maybe not actually the outcome that the goal was that
- we were trying to reach. Okay, so to your best recollection, it wasn't about
- Difficulties of administration like getting the units filled. It was more about maybe we don't want
- them in large student housing I do not think that that was something we were discussing heavily in 2022.
- Okay, that's really helpful. Sorry Thank you for bearing with me on that. Thanks Councilmember Piedmont
- Smith Yes, thank you I wanted to ask about the Reduced bulk requirements
- specifically the text that says that the dimensional standards apply in residential zoning districts
- that are also intended for owner occupancy in buildings that are intended for owner occupancy. How will
- we ensure that, like how can we make sure that these are owner occupants? Like how do we know they're
- intended for owner occupancy and how do we
- Kind of make sure that they end up owner occupied That's a great question. I think The idea would be
- that because this is like an opt-in program We're using the incentives which you don't have to that
- if you would like to use them the you know decision-maker of your of your site like the plan Commission
- would weigh whether or not
- to let you use these incentives in part based on whether or not you're intending to have owner occupancy.
- And one of the ways we could try to ensure owner occupancy long term is through zoning commitment. I
- don't know exactly how that would be formulated but that's something we would work on with legal if
- this were to be approved. So has city legal said that there's a pathway to do that?
- Yes, I think as I stated last time they don't you know, they don't love when we're talking about owner
- occupancy even though this is a You know discretionary program that you don't have to do but yes, they
- Signed off on that. They think we could figure this out
- And again, it's included because that was part of the resolution initially from council So we didn't
- want to if we felt we could legally we didn't want to leave out any of the objectives from the resolution
- that you gave to the Plan Commission So this was kind of the best way we felt we could include any potential
- owner occupancy at this point And who follows up on zoning commitments like that the Planning
- and Transportation Department
- We would probably have to work in conjunction with hand, but I don't know because if their owner occupied
- that may just be something we would be monitoring For example when you all first approved ad use zoning
- commitments, which are still required were something that were being monitored annually to make sure
- that the owner was still living on site so they basically were
- Recorded zoning commitment indicating that they would live in one or the other of the structures And
- then that's something we can hold them to at any time So the planning transportation Department does
- have the capacity and the structure to follow up on this kind of thing
- I think I mean we always need more capacity in our enforcement group, which is two people But I think
- with the scale we're expecting with these incentives, which are not greatly used. We should be able
- to handle that. Yes Thank you Yes, I had a question about process so it
- It came to my attention that The Environmental Commission that normally weighs in on topics like this
- It's somehow missed their I Don't know exactly what happened, but they weren't informed. I think they
- weren't aware Yes, ECPC stopped meeting for a period of time and when this was formulated it was during
- that period of time so they have since met and then actually, so ECPC I'm not gonna say right Environmental
- Commission planning
- Something they they make recommendations to that whole environmental commission who met today to discuss
- that. Yes Okay, so this was just an interim Glitch yes, they are back to regular meetings and being
- informed of projects and legislation on a regular basis By the environmental planner correct and invited
- to comment. Okay, great Do they have a statement on this piece of legislation? They'll be speaking at
- public comment. Yes, I
- They probably could I don't know what your rules are about commission speaking, but they're intending
- to speak a public comment, I believe Should I introduce any other questions before otherwise we'll introduce
- the amendment Sorry, I wasn't here last time if this was already asked but I
- last when you did the presentation you gave the example of the beeline houses the Yes, the Matt press
- project in that press yes and as a good example of where the homes were bigger than The percentage allowed
- correct, but we can't build those in most we can't build those homes anyway Because the lots are too
- small, but you don't allow a lot size we don't so we don't allow like these coveted and
- Lot sizes in our city that were a small house or a bigger house on a lot makes sense because a lot is
- so little Correct. So this this section of the affordable housing incentives allows the minimum lot
- area and a subdivision to be reduced by 50% In one of the r1 through r4 districts so you can get smaller
- lots But yes, even if even if that equals out to the size of the map press lots they are over 80 and
- They're most of them are over 90% So we would not be able to have the coverage that exists there. So
- we still just can't make even with this Ordinance we can't make the amat press house in a neighborhood
- not without a plan unit development at this time Which we are supposed to be decent. We're discouraging
- PUDs. We're sure hosted they should yes, we
- Planning developments are fine, you know if the intent of that are actually mixed use and something
- you can't do in the code But I would say they are less common than they were probably at the time when
- that development was created And I mean it sometimes when yeah, we're doing you do updates, right? We
- were like we don't want to do PUDs anymore our most major you do update Look, we're not doing PUDs.
- We're doing code changes Yeah, we do both we do the annual update we do have PUDs obviously Hope well
- is going to plan Commission next
- Week and Sudbury summit PD came to you all now, you know 2024 or whenever that was but um Yes, they're
- definitely less common. I think the preference for us would be that the code just Outlined what we would
- like to see developed and people wouldn't have to do go through PUDs to develop Thanks. That's so useful
- to hear that you that that
- Planning would rather not do PUDs. So you would rather not do the Hopewell PUD and you would rather
- change the UDO To have zone zones allow what is wanted in the Hopewell PUD I'm not speaking specifically
- about the Hopewell PUD but yes in PUDs in general I think we would prefer to have the code By right
- design be what we want to see developed. I Really agree. Thank you so much Any other questions
- If you want to yes, thank you. I'd like to move amendment one Second I do so Could staff put the amendment
- up Yes, so this follows in my concern maybe a few
- councilmembers concern about the the incentive to increase impervious maximums to 80% across all residential
- zoning districts and Frankly, I found that a bridge too far in this ordinance so and and practically
- speaking it's because Bloomington as we all know is beset with stormwater problems and
- it's been a perpetual topic as long as I've been on the council and The this the primary purpose of
- this amendment is to try to Not make matters worse. I think it also sets a bad precedent to have an
- 80% impervious surface We spent millions of dollars in stormwater in the city millions of dollars in
- infrastructure We have decades to make up for it
- Because of the build out in the 50s and the 60s and 70s which lacked proper standards many neighborhoods
- don't have adequate stormwater and many people have problems with Their basements flooding and and and
- so forth Also, we've worked hard on these standards that are in the present UDO and
- climate models for the future indicate significantly wetter future for Bloomington and So all the said
- and I I do understand that we're You know, the aim is incentivizing affordable housing. So So this amendment
- sponsored by myself and councilmember rough aims to strike a balance and
- So it increases incrementally from the current standards, which are, sorry, currently for R1 is 30%,
- R2 is 40%, R3 is 45%, and R4 is 50%, maximum impervious surface coverage. It raises R1 from 30 to 40%,
- r2 from 40 to 50 percent r3 from 45 to 60 percent and r4 from 50 to 65 percent So I think that if you
- do some arithmetic you can find that you know an increase of 10 percent for a quarter acre lot and r1
- would equal an additional 1,100 square feet and
- So I think that provides an incentive maintains a positive incentive without compromising our environmental
- code So comes member off do you have anything to to add That I agree wholeheartedly that you know, the
- intention is noble here, but You know, I've been
- Bloomington my whole life and these stormwater problems issues just continue to to grow and I feel like
- you know to be able to address members of the community and say on one hand we're concerned about stormwater
- and The increasing stormwater problems that that people are experiencing Partly due to the development
- of the community partly due to the
- changes in climate and rainfall But yet also say we we approved, you know doubling or you know of Impervious
- service allowances and these zones 80% in some zones coverage is is too much. I know the current
- administration and past administrations also have been working to develop longer-term strategy for ways
- to do stormwater management stormwater capture and
- Around the community and whatever opportunities and places that it can be done on small scales with
- rain gardens encouraging and Helping to incentivize small rain garden project to bigger stormwater retention
- projects where there might be opportunities to do that and when that time Comes when more of that larger
- plan for a stormwater infrastructure is realized in the community down the road then maybe I would be
- More enthusiastic about supporting a more dramatic increase and allow it of impervious service But at
- this point with the communities the the instructors not there To in my view to responsibly increase
- to this extent and this so this amendment that councilman Rallo developed and I agreed to co-sponsor
- I think takes a step a significant step in
- in the direction of having an incentive by allowing more impervious service, but Doesn't go to a point
- where I would feel uncomfortable supporting it As I would be a couple supporting it in its original
- proposed form without the amendment, so Thanks councilman Barallo for For doing this and thanks for
- staff to staff for getting it put together quickly and and put out. So, thank you
- Thank you. Um, do I have questions? Please Could you Explain why? Y'all chose 80% as a uniform amount
- across the four zones Whereas the base zoning district standards for those four zones are sort of tiered
- from smaller to larger I think
- Recognizing that the the r1 lots are quite a bit larger and so on. So you need less of a large percentage
- To build a reasonable structure So I guess like I was I'm surprised not to see the proposal from staff
- To be similarly tiered as the base zoning conditions and this amendment even if it would have been higher
- or say 70 75 80 85 or something like that, but can you tell me more? Well
- I would say one thing that we were looking for there is ease of Understanding for the public the more
- complicated the regulations are the less likely they are to use them and one of the things we're trying
- to do with this is kind of make an opportunity for developers of traditional non affordable housing
- to maybe consider including affordable housing if they were able to
- You know be able to have more lots or more units with this 80% combined with the other incentives in
- this section So the 50 and the 40 which again are across the four districts Even though each district
- has a different minimum lot size a lot with three yard setback We just set a standard for this particular
- incentive So just kind of following that pattern of setting one standard for all four I think that was
- done initially for ease of use And so we we just felt we followed that pattern
- Okay, um Okay, so 80% service coverage for an r1 lot could like could be a pretty substantial I don't
- know I should look calculated the square footage like I guess are you comfortable with that outcome?
- like do you feel like that's consistent with like the district intent and all that like I think the
- likelihood that someone uses these affordable housing incentives so that they can build a house that
- covers 80% of an r1 lot and
- Incredibly small like infinitesimally small. We don't have very many Many of them are environmentally
- restricted. I Don't we could exclude them or you could you could tear them as a councilperson Rallo
- has suggested I Understand what you're saying. I don't think that in reality that is a
- Sure, maybe R2 is a better example, because we have so few R1 lots. But I guess I'm trying to better
- understand, too, like, is the aim, like, is what you're trying to accomplish actually getting people
- to subdivide lots and then build? And that's why the 80% will make more sense, because when you subdivide
- something, because you can now subdivide to a much smaller minimum lot size as part of the incentive
- structure, that all of a sudden what is a large R2 lot, where it would make no sense to have 80% impervious
- surface coverage if you divide it in half and you're building two houses,
- Maybe it does make sense on these now quite small lots that would otherwise be non-conforming Yes, so
- I think that that we envision that they will be used with the other incentives So 80% of a smaller lot
- It is a may as opposed to a shall as many of our regulations are I think the idea is leaving that up
- to the Planning Commission for example to see if that is appropriate I
- Is that incentive generating the type of development that the administration is looking for or is someone
- trying to use it? To build a gigantic house in the r1 I think we would staff as well before it goes
- to the Planning Commission would be able to advise a petitioner on whether or not we thought that was
- The design of the subdivision for example was, you know reaching the goals of what these incentives
- are supposed to be doing and
- We don't use these very much. We don't see them used very much and so the idea I think the main development
- pattern that we see the See the potential use of this in is what you're describing of like a smaller
- a smallish subdivision where the lots will be quite small and
- So the lots can be covered more for an appropriately sized house like for example I spoke about last
- time you like trail view the property that you have to have for humanity did on the beeline on the northwest
- northwest of town they had to do that as a plan unit development there were no options had these incentives
- existed at that time
- You heard mayor Thompson say they probably actually could have gotten more lots than than they did and
- so I think it's those kind of developments that we're anticipating that this could be used for because
- they have to meet the tiers they have to put aside 15% of the units in perpetuity at low AMIs so I don't
- know that I think I don't think that we think there is a lot of room for abuse here because of what
- they will have to be giving in order to get this and
- Okay, so we're mostly into, I'm sorry, can I keep going? So we're mostly anticipating for it, maybe
- multiple lots being subdivided and building, say, two or more homes, one of which, minimum of 15% of
- which will need to be permanently affordable based on AMI levels. Is that anticipated? Do we only really
- have the infrastructure, not physical, but like a code infrastructure to support
- For rental properties, how would that work for ownership? I guess like would they have to work with
- a land trust or some other deed restriction on Like yeah, is this possible with ownership as well? Sure.
- I Think it was spoken about a little bit at the last hearing but yes, we may have to look into some
- sort of model like you're suggesting land trusts or potentially like a model like a
- Someone like habitat uses to be able to make those permanently affordable while offering, you know the
- ability for The owners of those houses to be able to accrue money as well over time So no, I don't think
- that has been we have not flushed that out So yes, I do think it's probably easier for rental at this
- point, but it's something that we are exploring especially with the intention of owner occupancy included
- in the preamble for this section and
- Okay, thank you Sorry councilman Stossberg then Rallo Staff because this incentive in general is as
- you just said generally going to be used for a subdivision of more lots Can you just explain?
- to council and to the public how subdivision development works in terms of what process it goes through
- in terms of like what the requirements are. And I guess one of the things that I'm thinking is the slide
- show that you showed last time where there was the picture of the number of lots and and I once again
- I guess like my question earlier I want to give
- Assurance that that this doesn't mean that you know if you have this space that suddenly like 80% of
- the entire space is going to be covered with impervious surface that there's other Considerations that
- go into subdivision development. So if you could just talk about those sure and how that works So depending
- on the layout of the parcel that's being subdivided You may be required to be setting aside land for
- a new road. For example you have to set aside land for
- Detention as well. And so that is in title 13, which is run by CBU And so as we spoke a little bit about
- last time There are requirements
- Detention based on potential development at the location when we don't know what the development is
- going to be specifically So any detention this is my understanding any detention designed for a subdivision
- For example is going to be designed for each of the lots assuming each lot is built at maximum capacity
- so maximum impervious surface coverage, so if there was conflict between how big the pond needed to
- be and how many lots they were trying to get and
- The pond would win out they as you mentioned with some of the other regulations This regulation does
- not supersede any other regulations. It's like a ceiling that they can reach and then if other regulations
- decrease how many units they can get then that just happens that happens with all of our Regulations,
- they all have to be in play. So
- There would be potential landscaping requirements as well if there was a street in there, obviously
- all of the setbacks and some of those things are lowered in this section, in this incentive section.
- But for example, if there was tree preservation required on the lot, the regular calculation for tree
- preservation would be used, nothing here supersedes that, and that amount of land would have to be set
- aside whether or not these incentives were used. And so all of those things that right now affect how
- many lots can be created,
- Outside of the specific dimensional standards regulations would still exist Thank you and just kind
- of to follow up on that with maybe some like real numbers and I'm so sorry that I did not look up these
- before I started but maybe you can remember because you're kind of amazing in that way, so In the couple
- years that I've been on planning commission. We've maybe had at least two subdivisions that I can remember
- come through and so one of them was on the
- East south side of town that long narrow lot. Do you remember how many lots that got subdivided into
- you? That's a good question. I'm not sure are you talking about the old Ivy Chase site? I think so.
- Yeah, I would say maybe 25 and do you remember how many of those lots were actually buildable and
- So because that's like the difference is it saying like okay if we split it into 25 lots How many were
- we actually where the builders actually allowed to build on after the detention and the tree preservation?
- For example, we have a petition right now that Land Commission will continue to see on North done
- that has a large portion of the west side of the property is set aside because of environmental constraints
- and then there are lots within the other lots that also have environmental constraints and have been
- set aside. So none of that would change. You just may get more lots in between the areas that have to
- be set aside for environmental reasons. We do not do very many subdivisions. I mean we're pretty large
- scale subdivisions.
- We do almost none. We've we did Kinzer Ridge on the north side. They had quite a few Singles and so
- those were all set aside and those are going to be you know, those are intended to be kind of single-family
- starter homes Could we have got we could have gotten more lots there. We only have so much raw land
- left and so being able to kind of Build in more lots. I think helps us reach some of our goals. I will
- note I think I noted that
- Last time and I heard from director Zager after that after the last time I was here and she confirmed
- that yes She, you know discussed this proposal with director Hittle and that CBU does not have concerns
- related to stormwater based on this proposal Okay. Thank you So this is kind of curious to me good do
- can we put up the zoning map just so we for Illustrated
- Illustrative purposes because we were talking about our one district, which is the largest Occupies
- the largest area of residential in the city, which is the yellow there And say we had a quarter quarter
- acre lot You know with the 80% provision You know, we're talking about eight thousand seven hundred
- square feet
- But you were saying that would never happen. Are you talking about the yellow there on the yeah, that's
- our to Our one is like at the very north end of town. That's our number of our one. Sorry Okay, sorry
- almost we don't have almost any our one. Yeah, I'm sorry. I'm mistaken So our two but but the point
- is is that if I mean some of these lots are larger But I'm just taking quarter acre as an example so
- That would 80 80 percent would be eight thousand seven hundred square feet
- That would never happen in your mind There would be various restrictions, but what would the likely
- impact be? What what is the maximum that you would envision on? a quarter acre lot, yeah to me This
- is very reminiscent of kind of like the duplex conversation where like all of these areas are built
- out that's why you can see all like the little squiggly roads like they're all subdivisions that this
- Body and others approved in the 80s and 90s and early 2000s There there aren't a bunch of empty lots
- there where people are going to tear down You know houses in Park Ridge so that they can build two and
- make one of them affordable like that's not that doesn't feel realistic So I don't think we'll see a
- lot of it there just like I may try to make the argument with the plexus which we haven't seen any out
- there either and I just
- So it's hard for me to answer that question because I again am envisioning I think the department is
- envisioning this regulation more with like little larger pockets that we have like potentially for example,
- there are some lots on hillside near the near CBU that Were developed as a cottage development,
- which is fine. That's great. That's the only one we've ever done But if it could have been subdivided
- and gotten, you know more units where people could own that that may have been more beneficial
- Guess we're putting in incentives, right and I want to know like worst-case scenario in terms Yeah,
- I mean, I think you're right worst worst-case scenario is that 80% of that lot could be covered. I mean
- that that is possible I don't know Where I don't I'm not sure where those vacant lots exist That would
- be it would it couldn't be one-off because they have to make at least 15% You know at AMI below 90
- Once we adopt this and we put it in code and people have that expectation. It's hard to reverse I mean
- people could right I mean Well, we come every year. So if we saw that it was something was happening
- unintended We would we would bring it back I mean, I think we do try to bring them back to make them
- better like we did with the ad use as well Isn't it better maybe to start off with an incentive? I mean,
- I'm suggesting my amendment To see if that is
- something that has a benign effect or or is taken as an incentive instead of going for 80% which I still
- think is a It sends a bad message. I mean in my mind, maybe we're we've been we're working across purposes
- We've been spending millions of dollars. I understand. There's a new project that's coming You know
- in South Walnut potentially That's gonna probably cost a lot of city funds what I mean, but we're
- We're going in the opposite direction here incentivizing impervious surface So it's a couple things
- Okay, if you want me we are responding to the resolution that this body wrote you all said you wanted
- us to try to incentivize developers and then in other conversations especially developers who don't
- do affordable housing to build affordable housing you have to make it worth it for as we hear people
- say and I mean, this is not my bailiwick, but it has to be able to pencil out
- You have to be able to offer them something that they can't do now And so being able to get more houses
- in for example, but it by using these incentives that would give us more units I do also want to make
- clear for anyone who's watching. I know there's some of you do watch It's not 80% across the board for
- these four districts it's 80% if you're building a single-family detached house or a duplex on a lot
- and in a project where you're setting aside 15% of the
- Units that you're trying to build to be permanently affordable at or below 90% of area median income
- It's very it's much more nuanced and smaller I think than we are kind of like talking about we are not
- coming forward and saying we should cover 80% of the city with pavement or houses that it's It isn't
- that and I do think I put a lot of credence in
- Director Zager, you know weighing in and saying that that based on what they have looked at at CBU They
- do not think that this is going to have an effect on stormwater that they are concerned about Let's
- move to public comment unless someone has an urgent question I
- Yes, and this is just public comment on this amendment. I know that we have something from the Environmental
- Commission So we'll start with the Environmental Commission if anybody else would like to make public
- comment on amendment one to ordinance 2020 601 now is your time to do so Mr. Caldy Hi, my name is Matt
- Caldy and I'm speaking in my capacity as a member of the Bloomington Environmental Commission planning
- committee we were told that
- If we approved the memo as a commission that one member could be present to read it to you tonight So
- that's what i'm going to do Dear city of bloomington common council the bloomington environmental commission
- planning committee Or ecpc has reviewed the department of planning and transportation's recommendations
- for amending the unified development ordinance
- Our commission appreciates the opportunity to provide input on these proposed changes We recognize the
- need for affordable housing in bloomington and strongly support incentives that allow developers and
- builders to include housing for a variety of bloomington residents Proposed udio amendments would allow
- for the following changes It just summarizes the r1 from 30 to 80 r2 40 to 80 r3 45 to 80 and r4 50
- to 80 percent maximum impervious surface
- However, the proposed increases and allowed impervious surface percentages are associated with potentially
- negative environmental impacts Our concerns fall into the categories of stormwater heat island effect
- and tree canopy cover and health Regarding stormwater allowing more impervious surface increases multiple
- stormwater related risks a John Johns Hopkins study found that for every percentage point increase of
- roads parking lots and other impervious surfaces
- annual floods increase on an average of 3.3 percent As noted in the city of Bloomington climate risk
- and vulnerability assessment Indiana is projected to see a 25 percent increase in inland flooding by
- 2050 the potential increased risk of flooding would necessitate review of culvert maintenance and sizing
- stream banks and degradation and Corresponding pollutants if the stormwater management plan is not sufficient
- regarding heat island within the expected
- Within the expected change in maximum impervious surfaces, it's possible that the tree canopy and soil
- quality would also be reduced, potentially increasing heat island and decreasing moisture levels.
- Urban heat, sorry, urban tree canopy is associated with reduced urban temperatures and therefore benefits
- both human health and reducing energy use in cities. More buildings, roads and impervious surfaces increase
- how the sun's heat is absorbed and re-emitted while simultaneously preventing water from accessing and
- hydrating vegetation.
- for retaining tree canopy and tree health. Bloomington was recognized as Indiana's first tree city USA
- by the National Arbor Day Foundation in 1984 and many citywide initiatives demonstrate how Bloomington
- prioritizes its tree population. Trees contribute to carbon dioxide uptake, air pollution removal and
- stormwater mitigation by allowing increased impervious surface percentages and immediate concern is
- how tree canopy will be affected.
- 2016 study found that in urban area with 33% to 66% impervious surface cover trees were most likely
- to be in fair condition at above 65% impervious surface cover trees were most likely to be in poor condition
- as Mentioned previously increased impervious surfaces may lead to lower moisture in soil reduced air
- quality and less healthy trees your time a cycle that perpetuates urban heat island effect Thank you
- Thank you Are there other public comments on the amendment is there anyone online? All right online
- commenter All right Hi, my name is Heidi Brown and I'm commenting as a citizen of the Bloomington community
- And I just like to bring to the council's attention that the comprehensive plan does mention impervious
- cover. So as a goal for the city and the policy 3.2 point one states that the goal is to continue to
- limit the amount of impervious surface in new developments or public improvement projects and to also
- increase and read.
- the infrastructure and reduce urban runoff. So just knowing that that's in the comprehensive plan, maybe
- can help guide some decision-making. Thank you. Thank you. Do we have any other commenters?
- Another online? Take it away. Hello, my name is Jamie Shoal and thanks for the opportunity to speak
- this evening.
- I want to address an unintended consequence or there may be a few that we've already heard of the. Surface
- allowances. This change being presented is a way to support housing affordability. However, the impervious
- coverage permanently removes land from food production, environmental function, and basically
- Our communities resilience and those losses are not easily reversed Bloomington like most cities relies
- on a just in time food system which we've seen a few times in recent memory to not meet community needs
- when under stress under normal conditions grocery stores typically carry on.
- only a few days of inventory. During these disruptions, the local food production becomes our critical
- buffer and is already integrated into our local food system through the Bloomington Farmstop Collective
- and Bethel Lane Farmstop and the farmers market. What matters more right now is we're living in a time
- of economic uncertainty and a shifting world order. We can't see things in the bubble of Bloomington.
- With rising inflation and growing concern about the purchasing power of households, people turn to sound
- money, and that's gold and silver, reflecting the fear about inflation. Access to land that can grow
- food is another form of real security, one that helps households offset rising grocery costs
- with nutrient-dense food. This can be in row crops. This can be in agroforestry. This can manifest in
- different ways.
- There is also a public health dimension. Access to green productive land is associated with lower stress,
- anxiety, and depression. And without that green space, the heat island effect could increase, which
- we've already heard about. We know that whenever temperatures rise, people become often more aggressive.
- Increasing impervious surfaces removes both environmental and mental health benefits while also eliminating
- opportunities for supplemental income and meaningful work through urban agriculture, an activity supported
- by our city's comprehensive plan. Once soil is sealed, it is effectively lost to food production for
- generations. Even small increases when applied across neighborhoods could result in a significant cumulative
- loss. So I urge council to consider whether
- Whatever proposal comes about meets our stated goals around sustainability resilience food security
- and public health and to explore all the various Alternatives that allow for housing flexibility without
- permanently sacrificing the land that helps our community withstand future shocks Thank you. Thank you
- for your time. Thank you Are there any other comments?
- And you want to comment as an individual now rather than as a briefly as a citizen and not as a member
- of the environmental Sure, just say say your name. Sure once again Matt Caldy. I I just want to express
- it personally I feel I feel conflicted about the the proposed ordinance because I support affordable
- housing and you know density is also in an environmental issue. I just struggled with the the 80% let alone
- 90% if tier 2 incentives are met impervious surface coverage I don't I don't see that as being reasonable
- in most residential neighborhoods and and therefore Generally much prefer something along the lines
- of the proposed amendment tiered numbers I feel like this is geared at subdivisions in general and I
- don't think it'll come up all that often as being very narrow in scope but
- Just feel very very conflicted about the whole thing because I want to want to support more housing
- But just want to make sure we're not putting ourselves and our citizens at risk. So, thank you Thank
- you. I Don't see any other comments. Are there anyone online? Fantastic. We'll come back to counsel
- Anybody want to speak in favor of this other than the sponsors? Would anyone like to speak against the
- amendment?
- Please I was slowing the uptake on in favor. Go ahead, please in favor. Yeah Thank you to the sponsors
- for bringing this I'm gonna vote for it I Feel like the exercise we're kind of like lost in a corner
- of the UDO somewhere instead of like zooming out and talking about what can add housing to our community
- that is modest and scale that might be owner-occupied that might be more affordable than the housing
- we're seeing
- These are things like smaller minimum lot sizes that are probably half the size of what the minimum
- lot sizes are right now. Good form-based zoning code doesn't even generally have minimum lot sizes.
- They focus on things like lot widths and build two lines. Our code is, I would say, broken relative
- to the outcomes we say we want. I think while the intent of the resolutions that spurred this were positive,
- I feel like
- question including this amendment is like really really missing the forest for the trees and It's a
- little hard to fully conceptualize what? Exactly the 80% up to 90% thing would look like in practice.
- Maybe nothing at all. Maybe no one would use it I was trying to tease that out with staff and that was
- helpful to engage but um, I just think we're kind of off base fully and I think this makes more sense
- to support this amendment that tears the the
- Incentive if in case this ordinance passes In a way that more closely mirrors what the existing and
- purpose service requirements are across those four districts so that's my Speech in favor. Thank you.
- Thank you so much. I'm councilmember Puma Smith Yes, I'm also in favor of this amendment I'm not so
- concerned as the sponsors are about
- the stormwater implications of covering more of the surface with impermeable building because there
- is a CBU review that's part of approval of any development. And CBU director Zager has said that she
- does not foresee a problem. But as the environmental commission has pointed out, there are many ecosystem
- services provided by green space other than
- the benefits for our stormwater system. I mean, the tree cover, the mitigating the heat island effect,
- more absorption of carbon dioxide and general livability. I think those are all things that should be
- considered before we allow more impermeable surface. And I also sort of agree with council member Flaherty
- in that we are getting lost in some details that probably won't make a big dent
- Either way because I doubt many people will take advantage of these incentives but I do think in this
- case I I would prefer to not allow 80% and have it tiered to the Lot of sizes in our different residential
- zoning districts. So I'm gonna support the amendment. Thank you. Would anybody like to speak against
- the amendment? Please councilmember Stasberg Thank you
- Do disagree with this? I appreciate councilmember Flaherty's concept of it being tiered If it was tiered
- though, I think it should be tiered the other way and I think that we need to get back to what this
- incentive is actually intended for which is subdivisions and if we think about the zoning map and thinking
- about where we have our threes and our fours
- There's not going to be new subdivisions and our threes and our fours. They're just aren't there's no
- free land space in there So if we think about what is needed in our threes and our fours, it is something
- different It's changing minimum lot sizes. It's making some of those shifts, right but the art are twos
- especially
- Like this is where we need to do this and from my seat on the Planning Commission There's been at least
- one subdivision that their initial proposal during a Planning Commission lunch was paired homes and
- Because they could not build the paired homes By right and there was no additional incentive like this
- under the affordability incentive They instead did single-family homes. So instead of having some much
- more affordable paired homes on this property Instead there are not
- Affordable homes at all on it and it's actually right next to another Subdivision that does have paired
- homes and that makes absolutely no sense to me. Okay, so so we can say like yeah, the the tiered thing
- is is Maybe it would be better. Maybe it would be too complicated for builders and staff But the way
- that this amendment writes it it is no incentive at all
- And we're just back to builders not using this at all and instead the few subdivisions that come through
- won't have any affordability in them unless that builder actually makes this choice to
- Do basic designs to you know, whatever it is and and that build that's up on Kinza Ridge They said that
- it's going to be more affordable that they have some Starter home starting at least when they presented
- it a year and a half ago in like the 280 range or something like that But that's like the starter and
- then every time you add anything on that like normal people want it like goes up to 400 like that
- Maybe that feels affordable to some degree right now But it is not actually affordable and
- if that development could have actually taken advantage of this and and Made some of those lots up on
- Kendra Ridge smaller and put some paired homes on there and the paired homes could still have been a
- decent size for a family to live in Then that could have extended affordability even more even if it
- meant that some of those lots had
- more coverage and I just I think that That we are maybe getting lost in the weeds a little bit because
- how much is this actually going to be taken? Advantage of probably not very much, but it's not even
- going to be improved at all by by changing it this drastically All right. Thank you so much Well, I
- would just like to comment go ahead
- I'd like to just say let's vote. Okay one last thing I mean I've said a lot but one last thing strikes
- me and that is The our code should be evident should be self-evident people should be able to read it
- and understand what it says What I'm very troubled by is that this 80% across the board We don't know
- how it's going to be implemented. It's anyone's guess. I mean we've been told that it's going to be a
- Radically less or less to some degree, but we don't know we don't know the number Shouldn't it be? specified
- in our code as opposed to well, it's it could be 80% but it's likely to be less I Think I really find
- that troubling Thank you. Thank you. Thank you all Will the clerk please call the roll on the amendment?
- Okay, go ahead If there's one thing I've learned in
- Doing constituent services in the community over my terms on council It's that It doesn't take much
- modification of a lot When it's developed to create a big problem for a lot adjacent or downstream Doesn't
- take much at all. So even if this is something we're gonna say well, it's probably not gonna be used
- or that very many situations where it could be applied that would have a big impact in very many areas and
- Could where it could be done could have a tremendous negative impact on Other owners other homeowners
- in these areas and it doesn't take much of a change in the drainage and the amount of runoff from a
- from one property to really Suddenly where it never got in the basement before Suddenly is now causing
- a problem for someone else. So even at a low level of utilization of this
- It's still I it's not worth the risk to me Thank you. Well the clerk, please call the roll on amendment
- 1 to ordinance 20 2601 Councilmember Stasberg Piedmont Smith Yes Zulik no, sorry. Yes Rallo Yes
- Ruff. Yes Rosenberger. Yes Flaherty. Yes Thank you that motion carries 6-2 so we now go back to ordinance
- 20 2601 as amended I'd like at this moment to have a time of public comment. Would anybody like to comment
- on the totality of ordinance 20 2601 as amended?
- See no one in chambers. Do we have anyone online? Wonderful, I'll come back to council members. Do you
- have any comments on the full thing? I'm starting with councilmember Rosenberger I Mean I will say And
- I plan on voting no for this, I mean I'll just say I'm still asking questions, but I
- Think like what we need is an affordability feast and what this is is like putting a pea on a plate
- And it's just like not going to get anything done When we talk about our resolutions that we sent to
- plan commission and then these this is like what came out of them I think this is for planning staff,
- but Why didn't we change minimum lot size to allow more affordability in our city?
- Do you want me to say that again? No, okay. I thought you're just like expounding. I'm so sorry. I'm
- sorry I was questioning. I'm sorry. I thought it was comment because the resolution Dictated which sections
- we could make suggestions. Oh, right. And so and when we try to do that up here We didn't get that resolution
- introduced. So we didn't this council did not allow for changing minimum lot size like I think this
- Think this ordinance doesn't make sense because we're not changing minimum lot size also with Hopewell
- the PUD One of the plans is to allow alley frontage, which I think would also increase affordability
- in our city Was that considered for this ordinance for it? Wasn't in one of the sections we were allowed
- to look at so something this council kind of has just like
- Quashed along the way. Okay, so I just think like I said, I just think this we have so much to do and
- this is so Narrow like you were saying narrow earlier. I think That I I mean, I don't like the payment
- in lieu. It's like it's missing a zero on the end of it I think to that and now I'm just on a comment.
- I think thank you very much. I think to Mixed income housing is what we really need in this city and
- we need to be encouraging that I mean we said we're priority
- But when we have a payment and lose solo that is prioritizing Our affordable units being elsewhere.
- I'm just really not a fan of that I don't mind taking a look at impervious surface coverage But I think
- it has to also be done with minimum lot size since we can't even build in our city the
- Matt press developments on the beeline or on South Dunn. I don't think it makes sense to change impervious
- surface that much So for me, this is just totally missing the mark and I just don't want I think we
- need to put more pressure and urgency on the administration to Do more and go bigger than this and that's
- why I'm voting no on it Thank You councilmember Rallo and then councilmember Stasberg
- Got a question just briefly So I Believe that this administration has a commitment to affordability
- and you know, it's a difficult process The previous administration did they had certain tools? Miss
- Scanlon do We used to have a aggregate spreadsheet of total units per year that we've added and
- Do we still have that and are we keeping that? To date and can we see how many units we've been adding
- over over the past few years? That's a great question when the Hamilton administration was in that was
- something that I administered for them but I Shared that with the new administration, but it is not
- something I have been asked to do So it's not up to date as far as I know but someone else may be that
- document is shared So someone else may be doing that
- You're not doing it, but someone maybe I don't know if anyone else's but I'm so could you know Well,
- it's under the purview of planning and transportation I assume or I Mean so the document that we that
- we maintained under the Hamilton administration was supposed to be it was keeping track of how many
- units were approved So because most of our most of the approval bodies are ones we go to that's why
- I was doing it But I don't know, you know
- I'm not sure if something similar is being done now. I think that would be useful for the council to
- have that data So I'm I guess I'm making a request I think probably my colleagues would be interested
- to to just see where where we are You know where the trajectory was and then where we are since then
- and how many horse affordable units I assume, you know, we've even lost a few maybe the Renato development
- was in lieu payment was, you know surrendered by action of the council actually and
- But it would just be good to have that number so we can be sure I'm happy to talk to director Hiddle
- about it. Yeah. Terrific Thank you. Thanks councilmember Stasberg then councilmember Pema Smith I'm
- trying really hard to not be frustrated about this right now But I as somebody who's been sitting on
- the plan Commission for two years and really like making a study of our UDO for longer than that It's
- really frustrating to me right now that it seems that there's
- Minimal understanding of of this entire section of the UDO and what it actually says I
- Appreciate councilmember Rosenberger's comments related to minimum lot sizes and we remember back to
- March last year I wanted to introduce that and I would like minimum lot sizes to change and I want to
- point out that within this incentive if some if a builder uses this incentive then their minimum lot
- sizes get reduced by up to 50% their
- Lot widths get reduced by up to 40%. Their side setbacks and rear setbacks are reduced. And all of those
- things go together. And I feel like that entirely is getting missed, that it's not just this one piece
- of impervious surface that changed. It is the whole package. And I think that there is a real lack of
- understanding by the council as a whole right now, what our development ordinance actually does.
- and that's just really kind of frustrating to me at this point and maybe it's just frustrating because
- I've been studying it for so long and I think even if I wasn't on the Planning Commission I would have
- been studying it because there's a few really important pieces of it that come before us like this change
- and It is a complicated document and it does take work but all of us have that work capability in us and
- So I guess that's a challenge. I will be voting in favor of this tonight, if only for the payment in
- lieu changes. Voting against it doesn't make any difference in terms of the dollar amount. Payment in
- lieu is allowed right now. Voting against this doesn't change the fact that it's allowed. We are not,
- as a council, allowed to actually set the number. That number is in here. It has an example of what
- the hand department expects to do.
- this year, the hand department is the one that gets to actually set those details. The change that this
- does in terms of the payment in lieu specifically says, hey, you need to do it based on the administrative
- manual, and it demands that payment in lieu only be done for large projects. If there's more than 30
- units, you're allowed to choose payment in lieu. If you're building a small development, you're not
- even allowed to choose payment in lieu.
- So I think that that's an important thing to point out. So I will be voting to support this even though
- I'm Disappointed at how the impervious surface thing came out and I suspect that it will continue to
- be unused Thank You councillor Puma Smith Yes, I
- I want to reflect on what Council Member Rosenbarger said, and I do agree that we need a much bigger
- overhaul of our UDO. And our early discussions about the Hopewell PUD really point the way to what changes
- we should consider for the UDO as a whole. But I take her comments as yes, and we can also approve this
- very incremental
- Ordinance that is before us to make these very small amendments that may move the needle a little bit
- and a little bit It's better than nothing. So I will be supporting this. Thank you All right Councilman
- flirty you With much respect to our Planning Commission representative I've also spent many hundreds
- of hours on the UDO and I do feel like I fully understand the implications of what we're deciding this
- evening as well as the broader
- landscape that's needed earlier and customer Stossberg you Mentioned that there aren't opportunities
- to subdivide an R3 and R4. That's really not true There's actually many hundreds of opportunities to
- subdivide an R3 R4 if we reduce the lot size minimums Probably not through this affordability incentive
- though because one of the houses is already there, right? So yeah, okay got it. So not maybe opportunities
- to use the affordability set of but hundreds if not thousands of
- Backyards that can be turned into small-scale lots for small-scale development for ownership in Bloomington
- It's a systems level solution as my colleague customer Rosenberger noted I was brought before this council
- for introduction last year. It was not introduced Perhaps we will change that perhaps the administration
- will bring something in forthcoming changes that I hope we see some collaboration with council on I
- don't know I think
- When I look at resolution 2512, one of the things it says is any payment in lieu qualifying standard
- should exceed the requirements of actual creation of permanently affordable units. And that's what we've
- kind of dug into a little bit. It's going to be a little bit of a context-specific inquiry. It's always
- a little different.
- But with the Rolada, we actually had an opportunity to ask questions about what was the delta between
- a market rate unit and affordable unit? How many units are there? And we actually could run the numbers
- in that case anyway of what is the value over a 100-year cycle of the subsidy, essentially, that's that
- incremental difference between the AMI-level unit and the market rate unit. And you can kind of game
- that out. And what it revealed is that the payment in lieu, we're getting something like 5 to 10 cents
- on the dollar, maybe.
- for compared to actual permanently affordable units going in in buildings and so I It's a broader reflection
- that I think it was a mistake several years ago to move away from the fairly strict narrow allowance
- of payment in lieu that we had in the initial Udo approval in 2019 I know this ordinance isn't affecting
- that one way or another but I will note that again the whereas clause is
- As far as the council's intent says that the payment and loot qualifying standards should exceed the
- requirements of actual creation of permanently affordable units and like that's not at all the situation
- we're in so I Don't think what's being proposed? Including what the hand department is proposing which
- yes an increase. That's good Relative to the status quo, but it still doesn't actually meet the intent
- expressed by the council in the resolution And I think we need to go back to the drawing board on this
- and a good number of other things and
- while this might make a very small incremental improvement, I think my vote of no tonight is just a
- reflection that like, this is pretty broken. We really gotta fix some things. Thank you. Any other comments?
- Seeing none, will the clerk please call the roll on ordinance 2601 as amended. Councilmember Piedmont-Smith.
- Yes Zulek. Yes. I'm sorry. Yes Rallo. Yes rough. Yes Rosenberger Flaherty no Stossberg. Yes That motion
- carries 6-2 and is adopted. Thank you so much. I
- Thank you To the planning department for being here so late. All right, we now move to our final period
- of Public comment if you have not commented in the other in the other section of public comment you
- now may and You have three minutes anyone in council chambers Anyone online
- Seeing none, we'll move to council schedule. Someone just joined, okay. Person who just joined, would
- you like to give a public comment? Yes, was we referring to Heidi Brown? I didn't hear what you asked,
- but I think the answer is yes. And this is public comment regarding the impervious coverage issue still?
- No, this is general public comment for things that were not on the on the Agenda oh Okay, so not an
- appropriate time to offer one more thought there No, ma'am Okay. Thank you. Okay. Thank you All right,
- if there's no other comments All right. We'll move to issues of council schedule and
- Attorney liner are there any updates on schedule that are relevant to the body? There had been some
- discussion about holding potentially an executive session on February 18th and I learned today that
- That no longer is possible. So there won't be a notice to schedule that meeting at that point
- And we looking at dates potentially in March. Excellent. Thank you very much any other updates to council
- schedule councilor Stasberg then Zulu I just want to announce that there's a fiscal committee meeting
- on February 13th at 830 in the Allison conference room and it's also available by zoom. Thanks
- I just want to let all council members know that due to the Accessibility requirements changing it is
- a little bit more difficult for our staff members to prepare amendments within 24 hours notice of a
- meeting and so we are asking that if you have an amendment, please let staff know by seven days after
- the first reading discussion and if there are two weeks between meetings if there's Yes, so it that
- would it for example if
- There was a first reading introduced today on February 4th. The next council meeting is February 18th.
- So that would be two weeks in between. If that is the case, up to seven days after first reading. So
- that would be next Wednesday. If there's only one week in between two council meetings, please let staff
- know by Monday at noon before the council meeting. Thank you. Right. Any questions, comments, anything
- we're missing?
- All right, if that's everything, we are adjourned.