Common Council Regular Session

In the Council Chambers of the Showers City Hall, Bloomington, COMMON COUNCIL Indiana on Wednesday, December 04, 2024 at 6:30pm, Council REGULAR SESSION President Isabel Piedmont-Smith presided over a Regular Session of December 04, 2024 the Common Council. Councilmembers present: Isak Nti Asare, Isabel Piedmont-Smith, ROLL CALL [6:32pm] Dave Rollo, Andrew “Andy” Ruff, Hopi Stosberg, Sydney Zulich Councilmembers present via Zoom: Matt Flaherty, Kate Rosenbarger (offline at 8:19pm, online at 8:21pm) Councilmembers absent: Courtney Daily Council President Isabel Piedmont-Smith gave a land and labor AGENDA SUMMATION [6:33pm] acknowledgment and summarized the agenda. Stosberg moved and Ruff seconded to cancel the Committee of the Vote to cancel Committee of the Whole meeting scheduled immediately following the Regular Whole [6:37pm] Session. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Piedmont-Smith noted the Special Session on Tuesday, December 10, 2024 to discuss Ordinance 2024-26 and a second reading on December 11, 2024 where a vote would be taken. Stosberg moved and Ruff seconded to approve minutes for August APPROVAL OF MINUTES [6:39pm] 07, 2024 and November 13, 2024. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. August 07, 2024 (Regular Session) November 13, 2024 (Consensus Building Activity) Asare spoke about the opening of the Forge, a new tech incubator in REPORTS the Trades District to help start-ups and more.  COUNCIL MEMBERS [6:39pm] Stosberg mentioned her upcoming constituent meeting that would be rescheduled. Piedmont-Smith reported on AccessAble USA which drafted user guides for people with disabilities for public spaces. It had been active in the United Kingdom for a long time. She thought it ideal for Bloomington to be the first city to partner with AccessAble USA. There would be photos of doorways, elevators, types of carpeting, and more. Leslie Davis, Chair for Council on Community Accessibility (CCA), was the Vice President of United States Operations for AccessAble USA. She hoped to partner with Indiana University, Monroe County Community School Corporation, and more for funding. She also had toured Ivy Tech’s semiconductor facility on the westside of town. Holly Warren, Assistant Director for the Arts in the Economic and  The MAYOR AND CITY Sustainable Development (ESD) department, and staff liaison for the OFFICES [6:47pm] Bloomington Arts Commission (BAC), introduced the BAC report. Gerard Pannekoek, Chair of BAC, described BAC’s work including staff. The arts brought a high return on investment. He discussed grant cycles, projects, operations, and artistic advancement. He summarized the 2024 grant recipients. He noted the new, free professional development workshops to artists on grant writing. There were quarterly artist parties in order to build community. Warren thanked Chaz Mottinger for her work with the events that Pannekoek described. She talked about public art around the city and programs like 1% for the Arts which required that 1% of p. 2 Meeting Date: 12-04-24 construction funding be for public art. She described other planned  The MAYOR AND CITY public art at Switchyard Park, Hopewell, Fire Station 3, and the OFFICES (cont’d) Convention Center. There were partnerships with organizations like Duke Energy. Warren briefly commented on the Miller Showers Council discussion: Park art and Near West Side Neighborhood murals. Ruff asked for clarification about the quality of grant applications having increased. Pannekoek said it was both the applications and the end projects. There was a better understanding of what types of projects would be funded which resulted in better quality of art, too. Rollo asked if performing arts were included. Warren said yes, and balance and equity was sought. Zulich spoke about the Ad Hoc Salary Committee’s process in  COUNCIL COMMITTEES drafting Ordinance 2024-26. It was difficult to serve on council and [7:02pm] have a full time job, so it was important to raise council’s salary. Doing so would allow an individual to serve on council and have another part time job equaling a livable salary for one person. She appreciated the community’s feedback. She noted the incoming president who would put tariffs in place, raising costs for many people. The committee had five guiding principles and identified ten strategies for increasing salaries for city elected officials. The committee opted to use the midpoint strategy. Darel Ruble spoke about his great experience with Rebecca Davis in  PUBLIC [7:08pm] the Housing and Neighborhood Development (HAND) department. John DeCastro lived above The Tap, a bar on the square, where there was constant booming music until the early hours of the morning. He had spoken to the employees, police, and more with no result. APPOINTMENTS TO BOARDS AND COMMISSIONS [7:10pm] Ruff moved and Stosberg seconded to remove Jenna Buckner from Vote to remove [7:12pm] the Community Advisory on Public Safety (CAPS) Commission due to non-attendance. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Zulich moved and Rollo seconded to appoint Claudia Lara to seat C- Vote to appoint [7:14pm] 4 on the Commission on Hispanic and Latino Affairs. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. LEGISLATION FOR FIRST READING [7:15pm] Stosberg moved and Ruff seconded that Ordinance 2024-26 be Ordinance 2024-26 – To Fix the introduced and read by title and synopsis only. The motion received Salaries of All Elected City Officials a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. (Zulich out of the for the City of Bloomington for the room). Chief Deputy Clerk Sofia McDowell read the legislation by Year 2025 [7:15pm] title and synopsis. Piedmont-Smith noted the legislation would be discussed at a Special Session the following Tuesday, December 10, 2024. Stosberg moved and Ruff seconded that Appropriation Ordinance Appropriation Ordinance 2024-09 2024-09 be introduced and read by title and synopsis only. – To Specially Appropriate from the General Fund, Economic Development Lit Fund, Parks and  Meeting Date: 12-04-24 p. 3 The motion received a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. Recreation General Fund, Public (Zulich out of the room). McDowell read the legislation by title and Safety LIT Fund, ARPA Local Fiscal synopsis. Recovery Fund and Alternative Transportation Fund Piedmont-Smith stated the legislation would move to a second Expenditures Not Otherwise reading at the regular session on December 11, 2024. Appropriated (Appropriating Various Transfers of Funds within the General Fund, Economic Development LIT Fund, Parks & Recreation General Fund, Public Safety LIT Fund, ARPA Local Fiscal Recovery Fund, and Alternative Transportation Fund) [7:16pm] Stosberg moved and Ruff seconded that Ordinance 2024-25 be Ordinance 2024-25 – An introduced and read by title and synopsis only. The motion received Ordinance to Amend Ordinance a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. (Zulich out of the 23-25 That Fixed the Salaries of room). McDowell read the legislation by title and synopsis. Appointed Officers, Non-Union, and A.F.S.C.M.E. Employees for All the Departments of the City of Bloomington, Monroe County, Indiana for the Year 2024 [7:18pm] Stosberg moved and Ruff seconded that Ordinance 2024-27 be Ordinance 2024-27 – To Amend introduced and read by title and synopsis only. The motion received title 2 of the Bloomington a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. McDowell read the Municipal Code Entitled legislation by title and synopsis. “Administration and Personnel” Re: The Establishment of the Advisory Transportation Commission [7:20pm] LEGISLATION FOR SECOND READING AND RESOLUTIONS [7:21pm] Stosberg moved and Ruff seconded that Resolution 2024-26 be Resolution 2024-26 – To Approve introduced and read by title and synopsis only. The motion received the Interlocal Agreement Between a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. McDowell read the Monroe County, the Town of legislation by title and synopsis. Ellettsville and the City of Bloomington for Animal Shelter Stosberg moved and Ruff seconded that Resolution 2024-26 be Operation for the Year 2025 adopted. [7:21pm] Virgil Sauder, Director of Animal Care and Control, described the reimbursement rate for 2025, totaling $456,281.10. He explained the formula and how the rate was determined. There was an increase in expenses for shelter operations due to rising costs. He appreciated Monroe County and Ellettsville for understanding that need. The agreement would allow Animal Care and Control to continue consistent and compassionate care for all stray and unwanted animals in the county, as well as providing support for lost and found animals in the area. Asare asked if there were substantial changes to the funding Council questions: formula due to things like inflation. Sauder said the difference was in the percentage rates which provided a good estimate, but adjusting the shelter operation rate might be necessary for things like medical reasons. p. 4 Meeting Date: 12-04-24 Rollo noted the city was reimbursed for boarding and adoption Resolution 2024-26 (cont’d) costs. He asked about the process for a call for something like animal abuse in Ellettsville. Council questions: Sauder said the county would respond, based on an agreement with Ellettsville and the county. The city’s role was to take the call and forward it to the appropriate agency. Rollo asked if the shelter received animals from outside the county and if there was adequate compensation. Sauder said yes, about 12-13% of animal intakes were from outside the county. That percentage had been steady for about six years. The fee was fair but could be increased. The risk was that the animal would just be dumped in the county and not at the shelter. Rollo asked what the euthanasia rate was. Sauder stated that the euthanasia rate fluctuated between 4-6% every year. He explained that was a very low percentage given that staff dealt with animals hit by cars and aggressive animals that should not be released into the community. Piedmont-Smith asked what the “joint board” referenced in the legislation was. Aleksandrina Pratt, Assistant City Attorney, said that was new due to a statute requiring it. Piedmont-Smith asked if the board would convene as needed. Pratt said yes. Piedmont-Smith asked for clarification of the financials. Sauder said the controller sent out an invoice twice per year, to Monroe County and Ellettsville. There were no public comments. Public comment: Rollo thanked Sauder and staff for their work, which was sometimes Council comments: difficult. He would support the legislation. Piedmont-Smith expressed gratitude to Animal Care and Control staff. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Vote to adopt Resolution 2024-26 [7:33pm] Stosberg moved and Ruff seconded that Resolution 2024-27 be Resolution 2024-27 – Approval of introduced and read by title and synopsis only. The motion received Interlocal Cooperation Agreement a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. McDowell read the Between the City of Bloomington legislation by title and synopsis. and Monroe County, Indiana – Re: Building Code Authority [7:34pm] Stosberg moved and Ruff seconded that Resolution 2024-27 be adopted. Margie Rice, Corporation Counsel, briefly summarized the interlocal agreement and its history. The building interlocal worked well for builders though there were issues like differing software at the city and county. There would be quarterly meetings to discuss how to make improvements. Interlocal agreements were efficient. David Hittle, Director of Planning and Transportation, stated that the interlocal agreement was for two years instead of one, and that it worked well. Stosberg asked about any fiscal impact. Council questions: Hittle stated that the permit applicant paid a fee to the county and to the city.  Meeting Date: 12-04-24 p. 5 Stosberg asked if there were cost savings for the applicant by Resolution 2024-27 (cont’d) having an interlocal. Hittle said most likely not. It was easier for an applicant to only Council questions: have one building department to go to. Asare asked about improving the interlocal agreement and process. Hittle stated there was language that compelled the city and county to use the process efficiently. There were discussions on having the different systems work well together and described some improvements. Asare asked about setting benchmarks within the interlocal. Hittle said the interlocal was not the problem. But internally there would be benchmarks to positively impact the process. Ruff asked if staff inspected land-disturbing activities, like erosion at site developments. Hittle said yes, but had changed since City of Bloomington Utilities (CBU) took over Title 13 and stormwater. Planning staff verified that the site was developed consistent with design plans. Asare asked how staff could obtain feedback from applicants. Hittle said currently, one could not apply for a permit online but there would be a public portal soon. There was not a shortage of feedback from applicants. The goal was to make it as efficient as possible. Asare asked how council could assist in the process. Hittle appreciated the question and would follow up. Flaherty asked for clarification on Hittle’s statement on internal benchmarks. Hittle clarified he meant the city’s portion, not one particular department. There was a lot of back and forth between departments when reviewing the applications. Interfacing between departments could be improved. Flaherty asked if staff turnover was a problem with processing permits. Hittle said yes, and that it could take up to three years to fully know the complexities with permit applications. It was difficult to retain staff for three years. Flaherty asked if more competitive compensation would help remedy that problem. Hittle said yes. Christopher Emge, Greater Bloomington Chamber of Commerce, Public comment: spoke in favor of the interlocal agreement. Joe Davis said the city was getting a better deal with the interlocal. He gave reasons like fees and more. Piedmont-Smith asked for clarification regarding the fees. Council comments: Rice said county staff believed the interlocal was symbiotic and not burdensome. As a former county attorney, she had never heard that the interlocal was unfair to the county. Piedmont-Smith asked if the county collected fees too. Rice confirmed that was correct. Stosberg asked if the county was interested in making the interlocal a five-year agreement. Rice said yes but the city declined since it was beyond the current mayor’s term. p. 6 Meeting Date: 12-04-24 The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Vote to adopt Resolution 2024-27 [8:01pm] Resolution 2024-20 – To Amend the City of Bloomington’s Transportation Plan in Order to Incorporate the Safe Streets and Roads for All (SS4A) Safety Action Plan [8:02pm] Ruff moved and Rollo seconded to postpone Resolution 2024-20 to Motion to postpone the Regular Session on January 22, 2025. Asare asked if there was a funding deadline. Council discussion: Ruff had spoken with staff and understood that postponing into January 2025 would be fine. Ryan Robling, Planning Services Manager, said there was a concern because the notice of funding opportunity had not been known. Now, it appeared that it would likely open in March. Staff was comfortable with January if that was what council wanted. Asare asked Ruff about the reasoning for postponing. Ruff said that the SS4A steering committee was interim and the Advisory Transportation Commission (ATC) had not yet been formed. It was important for the ATC to weigh in and Ruff believed more time was needed to consider the SS4A plan. Rollo said the ATC would most likely be formed the following week and if more time was available, he felt it would be ideal to have the ATC review transportation related policies. Piedmont-Smith noted that the ATC would not be fully appointed prior to the January 22, 2025 meeting. While she did not believe it was bad to allow more time for processing the plan, she hesitated waiting for the ATC since the SS4A plan had already gone through a steering committee process. Stosberg asked if the commissions that would potentially roll into the ATC had reviewed the plan. Piedmont-Smith acknowledged Lisa Lehner, Council Attorney, who said that postponement could not extend beyond the next council meeting. Piedmont-Smith agreed and noted it was due to being the end of a calendar year. Robling responded yes to Stosberg and said the plan was presented to the Traffic Commission and the Bicycle and Pedestrian Safety Commission. Two commissioners from each commission were on the steering committee. There was brief discussion on postponement, and actions council could take that evening. Robling added that if the legislation was postponed, the required Plan Commission process might be triggered. Stosberg noted when the Plan Commission would next meet which was too close to grant funding deadlines. Rollo asked if the Plan Commission could adopt the amendments passed by council. Piedmont-Smith clarified that the issue was that the legislation could not be postponed past the current council session. If the  Meeting Date: 12-04-24 p. 7 legislation was postponed indefinitely, then the Plan Commission Resolution 2024-20 (cont’d) would have to bring forth a different resolution to council. Robling confirmed that was correct. If the Plan Commission Council discussion: adopted the proposed amendments, the legislation would still have to go before the commission in January. Ruff withdrew the motion to postpone Resolution 2024-20. Withdrawal of motion Stosberg moved and Ruff seconded that Resolution 2024-20 be Resolution 2024-20 introduced and read by title and synopsis only. The motion received a roll call vote of Ayes: 7, Nays: 1 (Rollo), Abstain: 0. McDowell read the legislation by title and synopsis. Stosberg moved and Ruff seconded that Resolution 2024-20 be adopted. Piedmont-Smith passed the gavel to Ruff. Amendment 02 to Resolution Piedmont-Smith moved and Stosberg seconded to adopt 2024-20 Amendment 02 to Resolution 2024-20. She presented the amendment. Amendment 02 Synopsis: This amendment is proposed by Cm. Piedmont-Smith. Part of it comes forward at the request of Planning and Transportation and Engineering staff. This includes a revised version of the SS4A Safety Action Plan and its appendices that corrects typos, updates graphics, includes additional citations, incorporates updated engineering standards, and improves clarity. Additionally, this amendment removes one image from page 9 of Appendix C: Proven Safety Countermeasures that was not compliant with current City standards for crosswalks. In the section proposed by Cm. Piedmont-Smith, this amendment also provides clarifying language to the "Additional Information" section of three Action Items and the "Performance Measures & Annual Reporting" section. While substantive, the changes do not alter the proposed Action Items themselves but instead aim to clarify what accomplishing each Action Item entails. The revisions to the "Performance Measures & Annual Reporting" section add language specifying that some reported performance measures will include countermeasures expected to have the greatest impact on safety, drawn from those listed in Appendix C. Ruff asked for staff’s input. Council questions: Robling explained the typos and said other updates were made for clarity. There were no public comments. Public comment: There were no council comments. Council comments: The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Vote to adopt Amendment 02 to Resolution 2024-20 [8:23pm] Ruff passed the gavel to Piedmont-Smith. Robling said staff was available to answer questions. Resolution 2024-20 as amended Stosberg asked about the plan to develop safe routes to schools and Council questions: if there had been collaboration with the school district. Robling said yes, staff was working with the school district already. Stosberg asked about easements and maintenance of routes. p. 8 Meeting Date: 12-04-24 Robling said that each school would have its own plan and would Resolution 2024-20 as amended be determined during the safety action plan level. He gave examples. (cont’d) Rollo asked what council’s role was with the plans and road modifications. He asked for clarification on chicanes. Council questions: Robling said council was the fiduciary body. Plans would be reviewed by the Engineering department and the ATC. He said chicanes were an alteration to sidewalks, like a bump-out, with the goal of reducing traffic speeds. Rollo said things like chicanes used to go before council, but they did not any longer. He asked when, and why, that was changed. Andrew Cibor, City Engineer, said there was a change to Title 15 regarding traffic-calming devices. He gave additional details. The plan called for the proposed changes go to the ATC. Piedmont-Smith asked about public, equitable engagement and the demographics of those involved in forming the SS4A plan. She asked about plans for future implementation of traffic safety measures. Robling said the SS4A plan called for public engagement and community-centric designs. There would be public outreach, with demographic questions to equitably reach community members. Other projects would be done on a smaller scale to what was done with the SS4A. Piedmont-Smith asked how staff would use the data collected from the public, regarding decision-making. Robling said staff would assess the data at each stage. There was an equity framework flow chart that would inform next steps. Rollo referenced B Square Bulletin’s mapping of crashes with deer. There were one thousand four hundred and sixty seven crashes, from 2007-2020, with cars and deer. He asked for staff’s opinion. Robling said that council could amend the Unified Development Ordinance (UDO). The SS4A plan focused on fatal and serious crashes, but crashes with deer would be included in the dashboard. Asare asked if staff would adjust the SS4A plan if there was not grant funding. Robling said ideally, staff would opt for the Vision Zero plan, which had more impacts like housing affordability, et cetera. Piedmont-Smith asked if, with the incoming president, there was a chance for funding to be cut. Robling did not know, but believed the program was funded through 2026, regardless of any change in the administration. There was no public comment. Public comment: Ruff believed the ATC would have a more comprehensive view on Council comments: proposals. He expressed concern with unforeseen consequences of adapting the SS4A plan into the Transportation Plan. He had not had enough time to consider it. He planned to bring amendments to the ATC to include council in street changes. He was inclined to vote no on the legislation. Stosberg had ample time to review the plan and had confidence in the public processes of the projects in general. She understood the wanting of certain items to go before council, but believed the best way to do that was to codify those items, and not block a plan like SS4A. There was a high number of crashes with deer, but slowing down traffic in general would lessen crashes. She would support the legislation.  Meeting Date: 12-04-24 p. 9 Rollo was more comfortable with changes to streets going before Resolution 2024-20 as amended council. He noted the many good proposals in the SS4A plan and (cont’d) would likely support it. Then he would propose changes to code to include council in street modifications. Council comments: Piedmont-Smith believed the SS4A plan was good. There had been too many serious and fatal crashes on city streets. She welcomed the plan, and Vision Zero, which would hopefully be implemented by 2035. She concurred with public speaker Greg Alexander that city roads needed to be engineered to be safer. She appreciated the appendices for clarity, as well as the equity piece which highlighted a history of inequities in the built environment. She noted things like redlining and the need to engage residents of underserved communities. She gave examples from the plan. She acknowledged the legislation was slightly rushed and could have used more time, but she did not want the city to miss grant deadlines. She noted the need for clarity with drafting plans and working with consultants. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Vote to adopt Resolution 2024-20 as amended [8:56pm] Christopher Emge, Greater Bloomington Chamber of Commerce, ADDITIONAL PUBLIC COMMENT discussed financial priorities with public safety infrastructure and [8:57pm] gave examples. Joe Davis, former candidate for County Council, commented on abandoned vehicle notices on his two cars. He expressed disdain for the process noting that his cars were registered and not abandoned. Piedmont-Smith reviewed the proposed Annual Council Legislative COUNCIL SCHEDULE [9:03pm] Schedule for 2025. Stosberg asked if there were only two meetings in December since Council discussion: local code required recess after the second Wednesday. Piedmont-Smith believed there had been three but was not sure. Rosenbarger spoke about the budget hearing process. She asked for confirmation that the budget was due on November 01. Piedmont-Smith confirmed that was correct. Rosenbarger urged that the budget not be pushed back at all. Piedmont-Smith stated that she had sent the proposed schedule to the Deputy Mayor Gretchen Knapp and Jessica McClellan, Controller, and they had not expressed any concern. She noted there were two typos in the footnotes of the document. Rollo moved and Ruff seconded to adopt the Annual Council Legislative Schedule for 2025. Asare said the budget overlapped with the beginning of Indiana University’s semester. Stosberg asked if committee meetings could become Special Sessions. Piedmont-Smith said yes, with appropriate notice. Lehner concurred. Stosberg asked about the meetings in August. Piedmont-Smith noted that the Office of the City Clerk was not available on the second week, so there was only one regular session in August and budget hearings. p. 10 Meeting Date: 12-04-24 Rosenbarger asked about the September meetings. COUNCIL SCHEDULE (cont’d) Piedmont-Smith stated the additional September meeting was due to Yom Kippur. Rosenbarger highlighted the importance of council having enough time with the administration’s budget, which had been a problem during her five years on council. It had always been approve or forego the new budget and retain the current budgeted amounts. Piedmont-Smith said that changes to the schedule could be made at a later date, too. Stosberg pointed out that code required that the first and third Wednesdays be regular sessions, but one date in October was a committee meeting. Flaherty clarified that code allowed council, by majority vote, to dispense with any regular session or to change the day and hour of any meeting but must meet at least once per month. He added that the annual schedule was noticed as a whole but could be changed. The motion received a roll call vote of Ayes: 7, Nays: 0, Abstain: 0. Vote to adopt schedule [9:20pm] (Ruff out of the room) Piedmont-Smith mentioned upcoming council meetings. Piedmont-Smith adjourned the meeting. ADJOURNMENT [9:20pm] APPROVED by the Common Council of the City of Bloomington, Monroe County, Indiana upon this _____ day of March 05 ____________________, 2025. APPROVE: ATTEST: _________________________________________ _______________________________________ Hopi Stosberg, PRESIDENT Nicole Bolden, CLERK Bloomington Common Council City of Bloomington