Common Council Regular Session

In the Council Chambers of the Showers City Hall, Bloomington, Indiana on COMMON COUNCIL Wednesday, May 03, 2023 at 6:30pm, Council President Sue Sgambelluri REGULAR SESSION presided over a Regular Session of the Common Council. May 03, 2023 Councilmembers present: Matt Flaherty, Isabel Piedmont-Smith, Dave Rollo, ROLL CALL [6:32pm] Kate Rosenbarger, Sue Sgambelluri, Jim Sims, Ron Smith, Stephen Volan Councilmembers present via Zoom: Susan Sandberg Councilmembers absent: none Council President Sue Sgambelluri gave a land and labor acknowledgement AGENDA SUMMATION and summarized the agenda. [6:33pm] Rollo moved and it was seconded to approve the minutes of May 04, 2022 and APPROVAL OF February 23, 2023. The motion received a roll call vote of Ayes: 9, Nays: 0, MINUTES [6:35pm] Abstain: 0. • May 03, 2022 (Special Session) • February 23, 2023 (State of the City) Volan thanked all who voted in the primary election as well as candidates. REPORTS [6:36pm] • COUNCIL MEMBERS Sgambelluri mentioned her upcoming constituent meeting. There were no reports from the mayor and city offices. • The MAYOR AND CITY OFFICES [6:37pm] There no reports from council committees. • COUNCIL COMMITTEES [6:37pm] Greg Alexander expressed his concerns with the Cascades path because it did • PUBLIC [6:38pm] not have connectivity. Christopher Emge discussed voting, the Special Committee on Council Processes, boards, and commissions. Jim Shelton spoke about Court Appointed Special Advocates (CASA) and upcoming training. Flaherty moved and it was seconded to appoint Patty Moon to seat C-3 on the APPOINTMENTS TO Community Advisory on Public Safety Commission. The motion received a roll BOARDS AND call vote of Ayes: 9, Nays: 0, Abstain: 0. COMMISSIONS [6:45pm] Flaherty moved and it was seconded to appoint Mitchell Owens to seat C-10, and Shannon Gayk to seat C-4 on the Environmental Commission. The motion received a roll call vote of Ayes: 9, Nays: 0, Abstain: 0. LEGISLATION FOR SECOND READING AND RESOLUTIONS [6:47pm] Rollo moved and it was seconded that Resolution 23-07 be introduced and Resolution 23-07 - To read by title and synopsis only. The motion received a roll call vote of Ayes: 9, Approve an Interlocal Nays: 0, Abstain: 0. Clerk Nicole Bolden read the legislation by title and Cooperation synopsis. Agreement Between the City of Rollo moved and it was seconded that Resolution 23-07 be adopted. Bloomington and Monroe County, Indiana Regarding a p. 2 Meeting Date: 05-03-23 Beth Cate, Corporation Counsel, explained the process and reasoning for Joint creating a joint city and county Human Rights Commission (HRC). She Bloomington/Monroe summarized Resolution 23-07 and explained the roles, responsibilities, and County Human Rights goals of the HRC. Commission [6:47pm] Piedmont-Smith asked for clarification on the funding of the Human Rights Council questions: Director. Cate said the county would pay half of the salary of the director for the time spent working on cases before the HRC. Christopher Emge, Greater Bloomington Chamber of Commerce, spoke in Public comment: support of the collaboration of the joint HRC. Piedmont-Smith believed the HRC was a good opportunity for city and county Council comments: collaboration. The motion to adopt Resolution 23-07 received a roll call vote of Ayes: 9, Nays: Vote to adopt 0, Abstain: 0. Resolution 23-07 [6:59pm] Rollo moved and it was seconded that Ordinance 23-09 be introduced and Ordinance 23-09 - To read by title and synopsis only. The motion received a roll call vote of Ayes: 9, Amend Title 2 of the Nays: 0, Abstain: 0. Bolden read the legislation by title and synopsis. Bloomington Municipal Code Entitled Rollo moved and it was seconded that Ordinance 23-09 be adopted. "Administration and 11 Personnel Re: the Cate said Ordinance 23-09 amended city code with minimal changes since the Creation of a Joint City- work of the HRC would not change. The HRC would be tasked with applying County Human Rights the relevant code provisions to cases. Commission [7:00pm] Rollo moved and it was seconded that Amendment 01 to Ordinance 23-09 be Amendment O1 to adopted. Ordinance 23-09 Amendment 01 Synopsis: Local municipal code calls for enabling legislation to set forth the manner for achieving staggered terms for all newly-established boards, commissions, and councils. This amendment would add language to specify the initials terms for the seven members of the Bloomington/Monroe County Human Rights Commission. Cate provided additional information on staggering seat terms. There were no council questions. Council questions: There was no public comment. Public comment: There were no council comments. Council comments: The motion to adopt Amendment 01 to Ordinance 23-09 received a roll call Vote to adopt vote of Ayes: 9, Nays: 0, Abstain: 0. Amendment 01 [7:06pm] Piedmont-Smith asked for an example of exceptions based on religion, sex, or Council questions: national origin for a business or enterprise. Audrey Brittingham, Assistant City Attorney, had not seen that situation arise and did not foresee it occurring. Cate added that language was likely longstanding from federal guidance, and could be revisited. She noted that citizenship was not the same as national origin, and had different guidance. Piedmont-Smith asked about references to only city code only. Cate believed that was an oversight and should be corrected.  Meeting Date: 05-03-23 p. 3 Stephen Lucas, Council Attorney, suggested adding language to include Ordinance 23-09 as Monroe County code and not removing any language. amended (cont'd) Piedmont-Smith asked for clarification on reducing an agreement to writing. She also asked about the exclusion of the term "asexuality.,, Council questions: Cate stated that it required that agreements be put in writing. She would follow up with council regarding the term. Piedmont-Smith asked about addressing discrimination in home appraisals and approvals of home loans. It appeared to her that the banking portion was excluded in the discriminatory housing violations. Cate said that may need to be reviewed, and if it was the case that there was not adequate coverage, then the language or definitions should be updated. It was possible that type of discrimination may be covered by another governmental entity. Piedmont-Smith moved and it was seconded that Amendment 02 to Ordinance Amendment 02 to 23-09 be adopted. Ordinance 23-09 Clerk's note: Amendment 02 added the following language to Appendix 1, Section 2.23.160 (4): "or relevant portions of Monroe County Code.,, There were no council questions. Council questions: There was no public comment. Public comment: There were no council comments. Council comments: The motion to adopt Amendment 02 to Ordinance 23-09 as amended received Vote to adopt a roll call vote of Ayes: 9, Nays: 0, Abstain: 0. Amendment 02 [7:20pm] Sims asked about data and reporting on hate crimes and how the data was Council questions: used. He asked if there was not a conviction, if the hate crime was not counted. Cate understood that a conviction was not required for the hate crime to be included in the data and reported. Brittingham distinguished between self-reported bias incidents and hate crimes. Hate crimes did not require a conviction. The data was used by the city, HRC, and other entities. Cate added that the data informed education needed in the community as well as tracked the numbers of hate crimes and bias incidents. There was no public comment. Public comment: There were no council comments. Council comments: The motion to adopt Ordinance 23-09 as amended received a roll call vote of Vote to adopt Ayes: 9, Nays: 0, Abstain: 0. Ordinance 23-09 as amended [7:26pm] Rollo moved and it was seconded that Ordinance 23-08 be introduced and Ordinance 23-08 - To read by title and synopsis only. The motion received a roll call vote of Ayes: 9, Amend the Traffic Nays: 0, Abstain: 0. Bolden read the legislation by title and synopsis. Calming and Greenways Program Rollo moved and it was seconded that Ordinance 23-08 be adopted. Incorporated By Reference Into Title 15 Flaherty moved and it was seconded that the Council postpone consideration ("Vehicles and Traffic,,) of Ordinance 23-08 to the May 10 Regular Session and that Council staff be of the Bloomington instructed to invite the Bicycle and Pedestrian Safety Commission (BPSC) to Municipal Code - Re: provide the Council with a formal recommendation on the ordinance. Amending the Traffic Flaherty explained the reason for proposing the postponement of Ordinance Calming and 23-08. He noted that BPSC was going to consider Ordinance 23-08 at their next Greenways Program Incorporated by p. 4 Meeting Date: 05-03-23 meeting. He suggested that Rollo present Ordinance 23-08 to BPSC, as the Reference into sponsor. Bloomington Municipal Rollo stated that he did not object to postponing Ordinance23-08 and noted Code Section 15.26.020 that staff had presented the legislation to BPSC already. [7:27pm] Sims asked for clarification on the timeline of the legislation since council had Council discussion: been discussing that for months. Flaherty said there was not a formal process for legislation to go to boards or commissions. He favored inclusion of boards and commissions. Scott Robinson, Director, Planning and Transportation (PT) department, explained that most legislation proposed by PT staff went before a variety of boards and commissions. Ordinance 23-08 was drafted by a councilmember, and had not been up for consideration by a board or commission. Volan underscored the need for reviewing council processes. He believed that boards and commissions should be included in the consideration of legislation. The motion to postpone consideration of Ordinance 23-08 received a roll call Vote to postpone vote of Ayes: 9, Nays: 0, Abstain: 0. Ordinance 23-08 [7:38pm] LEGISLATION FOR FIRST READING [7:38pm] Rollo mov~d and it was seconded that Ordinance 23-10 be introduced and Ordinance 23-10 - To read by title and synopsis only. The motion received a roll call vote of Ayes: 9, Amend Title 20 Nays: 0, Abstain: 0. Bolden read the legislation by title and synopsis. (Unified Development Ordinance) of the Sgambelluri referred Ordinance 23-10 to the Regular Session to meet on May Bloomington Municip;:i l 10, 2023. Code - Re: Amendments and Updates Set Forth in BMC 20.03 and 20.04 [7:38pm] Lucas read a comment submitted via Zoom chat from Sam Dove, on social ADDITIONAL PUBLIC media comments on bicycle and pedestrian paths and the police department. COMMENT [7:40pm] Lucas reviewed the upcoming council and committee schedule. COUNCIL SCHEDULE [7:42pm] Sgambelluri adjourned the meeting with no objections. ADJOURNMENT [7:43pm] ~ P& OVED by! Common Council of the City of Bloomington, Monroe County, Indiana upon this ~- - ayof a~ .2024. APPROVE: ATTEST: t/ f-<Lk_~ -sJ- Isabel Piedmont-Smith, PRESIDENT Nicole Bolden, CLERK Bloomington Common Council City of Bloomington