Common Council Regular Session

Bloomington Common Council-Regular Session Minutes Council Chambers, City Hall, 401 N. Morton Street, Bloomington, Indiana Wednesday, July 30, 2025, 6:30pm CALL TO ORDER [6:33pm] Council President Stosberg called the meeting to order. 1. ROLL CALL (*Indicates participation via Zoom) [6:33pm] Councilmembers present: Isak Nti Asare At-Large Courtney Daily District 5, Council Parliamentarian Matt Flaherty At-Large Isabel Piedmont-Smith District 1, Council Vice President Dave Rollo (absent) District 4 Kate Rosenbarger District 2 Andy Ruff At-Large Hopi Stosberg District 3, Council President Sydney Zulich District 6 City staff, officials, and guests present: Nicole Bolden City Clerk Lisa Lehner Council Attorney Christine Chang Temporary Council Legal Research Specialist Kelly Murphy Technology Support Manager, ITS Jessica McClellan City Controller Anna Killion-Hanson HAND Director Sharr Pechac Human Resources Director Steven Stanford Utilities, Pretreatment Program Coordinator Kelsey Thetonia Utilities, Assistant Director – Environmental Katherine Zaiger Utilities, Director Jane Kupersmith Economic & Sustainable Development, Director Audrey Brittingham City Attorney 2. AGENDA SUMMATION [6:33pm] Daily moved and Piedmont-Smith seconded to amend the order of business at a regular session by removing item 4Bb, Report and Hearing on Status of Union at Crescent Tax Abatement, and creating a special agenda item, a new #8 also titled Report and Hearing on Status of Union at Crescent Tax Abatement, and then renumber subsequent agenda items as appropriate. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Stosberg summarized the agenda. 3. APPROVAL OF MINUTES [6:36pm] Daily moved and Piedmont-Smith seconded to approve the minutes of May 21, 2025 and June 04, 2025. The motion was approved by voice vote. (Asare out of the room). 4. REPORTS [6:40pm] 4.1. Councilmembers: Daily mentioned her upcoming constituent meeting.  Meeting Date: July 30, 2025 Zulich stated that she had attended the Capital Improvement Board’s meeting that day on the Convention Center expansion project. She reported on the pre-construction contracts. Stosberg stated that school would begin the next week for Monroe County Community School Corporation (MCCSC) and talked about school bus safety. 4.2. Mayor and City Offices: Jen Pearl, Bloomington Economic Development Corporation (BEDC), President, reported on challenges in the local economy and on partnering with local government and the BEDC’s work to develop and retain quality jobs in Monroe County. Bloomington was an employment hub for the region and key industries included life sciences, advanced manufacturing, defense, technology, and higher education. She noted that Senate Bill 1 (SB1), which in part changed property tax revenue and would have a negative impact. Wages in the Bloomington area lagged behind the cost of living. She gave examples of successful partnerships between the city and the BEDC. Infrastructure and housing/quality of life investments would support economic development. Asare asked how council could support BEDC and what success would look like. Pearl said that BEDC could partner with city departments. Feedback from companies would give insight to success in process improvement. Stosberg asked about any legislative action the council could take to streamline economic development. Pearl said that clear timelines and simplicity in city code would help. 4.3. Council Committees: Piedmont-Smith gave a report on the Committee on Council Processes. The committee worked with City Clerk Nicole Bolden to implement an electronic sign-in process for public comment. It would help with efficiency and record keeping. There was council discussion on the process of signing up for public comment. Daily and Bolden explained how the public comment process would be streamlined Councilmembers discussed the logistics of using the electronic sign-in during a meeting. Daily moved, and Asare seconded to try the new electronic sign-in process. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Piedmont-Smith explained a proposed process for councilmembers to lead a deliberative session. Stosberg shared concerns on the workload of deliberative sessions on the council president. Asare suggested more informal, impromptu conversations. Daily moved, and Zulich seconded to adopt the Google Form for planning deliberation sessions. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. 4.4. Public: Christopher Emge, Greater Bloomington Chamber of Commerce, discussed safety on Bloomington streets. 5. APPOINTMENTS TO BOARDS AND COMMISSIONS [7:40pm] On behalf of Interview Committee Team A, Rosenbarger moved and Asare seconded to reappoint Nancy Obermeyer to seat C-2 on the Public Transportation Corporation Board of Directors. The motion was approved by voice vote. 6. LEGISLATION FOR FIRST READING [7:42pm] 6.1. Ordinance 2025-25 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Use Table Amendment and Use Specific Standards- “Storage, self-service” 2 Meeting Date: July 30, 2025 Daily moved and Piedmont-Smith seconded that Ordinance 2025-25 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. 6.2. Ordinance 2025-26 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Use Table Amendment- “Fraternity or sorority house”; “Artist Studio or workshop”; “Vehicle Fleet Operations, Large and Small” Daily moved and Flaherty seconded that Ordinance 2025-26 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. (Piedmont- Smith out of the room). 6.3. Ordinance 2025-27 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Use Table Amendment- “Vehicle Fuel Station” Daily moved and Flaherty seconded that Ordinance 2025-27 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. (Piedmont- Smith out of the room). 6.4. Ordinance 2025-28 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Use Table Amendment- “Vehicle Wash” Daily moved and Piedmont-Smith seconded that Ordinance 2025-28 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. (Flaherty out of the room). 6.5. Ordinance 2025-29 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Use Table Amendment and Definitions- “Tattoo or piercing parlor” Daily moved and Piedmont-Smith seconded that Ordinance 2025-29 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. (Flaherty out of the room). 6.6. Ordinance 2025-30 To Vacate a Public Parcel Re: A 12-Foot Public Alley Adjacent to 909 E. University Street Daily moved and Flaherty seconded that Ordinance 2025-30 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. (Ruff out of the room). Stosberg referred all of the legislation to a second reading at the next regular session of the Common Council on August 6, 2025. 7. LEGISLATION FOR SECOND READING AND RESOLUTIONS [7:47pm] 7.1. Ordinance 2025-23 To Enact Title 10 of the Bloomington Municipal Code Entitled “Wastewater” 3  Meeting Date: July 30, 2025 Daily moved and Piedmont-Smith seconded that Ordinance 2025-23 be introduced and read by title and synopsis only. The motion was approved by voice vote (Ruff out of the room). Bolden read the legislation by title and synopsis. Daily moved and Piedmont-Smith seconded to adopt Ordinance 2025-23. Steven Stanford, Utilities, Pretreatment Program Coordinator, presented Ordinance 2025-23 and gave reasons in support. The City of Bloomington Utilities (CBU) department was required to make a technical reevaluation of local limits every 5 years. Stanford defined local limits and how CBU calculated them. The ordinance amended the maximum discharge limits of several metals and of pH limits. It allowed the use of hydromechanical grease traps to help prevent fats, oils, and grease from entering wastewater. Stanford believed the ordinance would have no significant fiscal impact. Asare and Stosberg asked if the ordinance would place any financial burden on smaller restaurants and would require them to change their systems. Stanford did not believe the ordinance imposed further requirements on restaurants and instead offered greater flexibility. There was no public comment. Asare expressed approval for changes supporting small businesses. Piedmont-Smith thanked Stanford. The motion to adopt Ordinance 2025-23 received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. 7.2. Ordinance 2025-24 To Enact Title 13 of the Bloomington Municipal Code Entitled “Stormwater” Daily moved and Piedmont-Smith seconded that Ordinance 2025-24 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. Daily moved, and Ruff seconded to adopt Ordinance 2025-24. Kelsey Thetonia, Utilities, Assistant Director – Environmental, presented the legislation. House Enrolled Act (HEA) 1037 limited local governments’ ability to regulate construction stormwater runoff. The ordinance amended Title 13 of the Bloomington Municipal Code to comply with HEA 1037. It codified a requirement for homeowner maintenance of driveway culverts and clarified runoff treatment for certain land uses. Piedmont-Smith moved and Ruff seconded to adopt Amendment 01 to Ordinance 2025-24. Piedmont-Smith presented Amendment 01. Amendment 01 synopsis: This amendment corrects the title of Ordinance 2025-24 to reflect its purpose by changing “TO ENACT” to “TO AMEND.” There was no public comment. There were no council comments. The motion to adopt Amendment 01 to Ordinance 2025-24 received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Ruff asked if the changes presented in the ordinance would have been made if the state of Indiana had not required it, and asked about erosion sediment control abilities. Thetonia said CBU would not have made the changes. Their ability to enforce sediment control would be limited. Asare and Stosberg asked about changes to the permitting process. Thetonia stated the changes would make the process easier. Katherine Zaiger, Utilities, Director, expounded on the permitting process. Stosberg and Piedmont-Smith asked about the use of plastic netting for erosion control. Zaiger explained the changes were made to comply with state regulations. Asare asked about hotspot qualification and project prioritization. Zaiger explained hotspots in the review process and that the administration was looking into a fast-track process for certain projects. 4 Meeting Date: July 30, 2025 Christopher Emge, Greater Bloomington Chamber of Commerce, commented on his interactions with CBU. Piedmont-Smith welcomed and thanked Thetonia. The motion to adopt Ordinance 2025-24 as amended received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. 7.3. Appropriation Ordinance 2025-07 To Transfer Appropriations in the General Fund to Various Departments and Various Funds to Align Budgets with the 2025 Salary Ordinance Daily moved and Piedmont-Smith seconded that Appropriation Ordinance 2025-07 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. Daily moved and Piedmont-Smith seconded to adopt Appropriation Ordinance 2025-07. Sharr Pechac, Human Resources (HR), Director, and Controller Jessica McClellan presented the legislation. The appropriation ordinance made salary recommendations for certain city positions based off prior experience. Funds would be appropriated from the general fund budget to departments to fund step increase changes. Asare asked if the appropriation would be the final request for the project, and asked about the leftover non-appropriated funds. Pechac and McClellan said it would be the last transfer request, and the leftover funds would not be spent. Piedmont-Smith asked for an update for American Federation of State, County and Municipal Employees (AFSCME) staff salary increases. Pechac stated they were working with consultants to make and review recommendations. Flaherty asked how many staff positions were adjusted, if there was an appeal process, and what the highest-paid positions in the city were. Pechac said that 154 out of 392 positions would receive a step increase, and department heads were the highest paid positions. There was not an appeal process. Stosberg asked if the pay increase was retroactive. Pechac stated the pay increase would start August 4th, 2025. Linda Wehr, Bloomington Police Department, Special Investigations Clerk, commented on her dissatisfaction with the HR and the salary review process. Zulich, Rosenbarger, and Stosberg thanked the public commenter and expressed concern over the stated situation. Stosberg asked how HR supported department heads in re-writing job descriptions. Pechac answered that HR did not have capacity for individual services, but training for all staff would be a 2026 priority. Flaherty commented on the need for competitive compensation and thanked HR for their work. He lost confidence in the ability to fairly implement changes. Flaherty stated that there was council discussion pertaining to errors in the salary review process that had been met with personal attacks from the administration. He was not comfortable approving legislation without a clearer, more balanced process. A vote was council’s point of oversight, and he would not support the legislation. Rosenbarger shared his concerns. Asare agreed with the need for a clearer process. There was discussion on process improvement and whether to delay the vote on the legislation. The motion to adopt Appropriation Ordinance 2025-07 received a roll call vote of Ayes: 5, Nays: 3 (Flaherty, Rosenbarger, Ruff), Abstain: 0. 7.4. Resolution 2025-12 To Initiate A Proposal to Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Preparation of a Proposal to Amend Chapter 20.04.110 (Incentives) Daily moved and Piedmont-Smith seconded that Resolution 2025-12 be introduced and read by title and synopsis only. The motion was approved by voice vote. Bolden read the legislation by title and synopsis. Daily moved and Piedmont-Smith seconded to adopt Resolution 2025-12. 5  Meeting Date: July 30, 2025 Stosberg passed the gavel to Piedmont-Smith. Stosberg presented the legislation which was necessary because a statutory deadline was missed by the Plan Commission. Resolution 2025-12 followed up on a previous resolution from November 2024. The legislation requested an examination of the incentive structure for affordable housing and changed the payment in lieu option. There was no public comment. Stosberg expressed hope of councilmember support. The motion to adopt Resolution 2025-12 received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Piedmont-Smith passed the gavel back to Stosberg. 8. REPORT AND HEARING ON STATUS OF UNION AT CRESCENT TAX ABATEMENT [9:27pm] The Common Council was required by Indiana state code to hold the hearing to receive information from interested parties, including the city’s Economic & Sustainable Development (ESD) department, the Housing and Neighborhood Development (HAND) department, the property owner and their representative, the Annex Group. Council needed to decide whether Union at Crescent substantially complied with the terms of the tax abatement, based on information presented that night. Daily moved and Piedmont-Smith seconded to structure the tax abatement hearing for the Union at Crescent property in the following way: City departments and Union at Crescent owners and their representatives, The Annex Group, will each have up to 25 minutes to provide information to council. Any other interested parties will each have up to 3 minutes to provide information. This will be followed by an untimed question and answer period by council to the parties and then a period of deliberation among councilmembers. Council may decide the matter or continue the hearing to a subsequent date. Zulich suggested a thirty minute time limit on council questions. There was brief council discussion on setting time limits on council questions. Council Attorney Lisa Lehner stated that Indiana Code referred to information presented during the hearing, and thirty minutes may not provide adequate time to ask questions on information presented. There was brief additional discussion. The motion to structure debate was approved by voice vote (Rosenbarger out of the room). Jane Kupersmith, ESD, Director, and Anna Killion-Hanson, HAND, Director, presented the legislation. Staff recommended a finding of non-compliance. While Union at Crescent was substantially compliant on employment requirements, the low occupancy of the affordable units did not satisfy the city’s requirements in order to issue the tax to issue the tax abatement. The value of the tax abatement to date was approximately $552,356, and the property had previously received approximately $800,000 from HAND. HAND had received complaints since 2023 regarding property management; tenants were concerned about safety, unsanitary conditions, and lack of access to management. Killion-Hanson believed that taking away the abatement would not help the situation. The pro forma for Union at Crescent outlining the project had not been reviewed correctly. The city needed to invest in projects with the ability to resolve problems that arise. Sam Hurley, Annex Group, acknowledged and expressed displeasure with the issues. The issues were expected to be temporary, due to their investment, new team, and city support. He stated they would increase security and improve unit conditions before starting community engagement and marketing efforts. He cited anecdotal evidence of positive change. He addressed legal aspects and stated that they met the allocation of units at 60% Area Median Income (AMI) or below, but that those units were not rented. He believed they were compliant with the abatement and losing the abatement would be detrimental to progress. Daily asked what percentage of market rate units were occupied. Hurley assumed it was very low and most occupied units were under the 60% AMI level. Flaherty stated asked why the percentage of occupied 6 Meeting Date: July 30, 2025 affordable units decreased substantially from September 2024 to May 2025. Hurley cited normal turnover, removal of residents who were not following rules, and that they were currently not marketing for leases. Piedmont-Smith asked why the average lease rate increased from $446.20 to $881.30 over that same eight month period. Hurley gave examples of reasons why, including lower occupancy due to the larger, more expensive units were rented, and they raised the rent. He would obtain more information and provide it to council. Piedmont-Smith questioned that reasoning because it was an average lease rate and there were no “larger apartments” as the affordable housing units were 1 or 2 bedrooms. Kupersmith stated that there were many variables. Asare asked if there was substantial compliance with the statement of benefits (SB-1) form. Kupersmith said there was a different interpretation of that from the original memorandum of understanding. Hurley confirmed there was no mention of occupancy in the initial resolution, only allocation, so they were in compliance and occupancy was outside of their control. Rosenbarger asked about ownership of Union at Crescent and staff salaries. Hurley stated the Annex Group was not the original owners. Property management was handled internally but there had been other property management companies and salaries had increased since the original SB-1 in 2017. Stosberg asked Killion-Hanson for her input on fixing the problems. Killion-Hanson responded that strong management on site and resolving security issues would be necessary. Hurley spoke to actions taken by the Annex Group to remediate security and cash flow. Zulich asked if the affordable housing units would be compromised without the tax abatement. Killion-Hanson stated that the Annex Group needed capital to address the problems. While the property owner was not in compliance, she did not believe it would be beneficial to take away the abatement. There was discussion on whether or not the problems were out of the Annex Group’s control and if they had made efforts to resolve them. Hurley stated the Annex Group was dedicated to resolving the problems and having a better partnership with the city. Kupersmith added that the city was a difficult place to do business. Piedmont-Smith asked about consequences for noncompliance with Title 16 violations and about rental permits. Killion-Hanson explained there would be one remaining violation report, and if unresolved, the legal department would file a lawsuit. Audrey Brittingham, City Attorney, stated that lack of rental permits would place the property further out of compliance and detailed the city’s position that they were in violation. Flaherty expressed concern about a significant decrease in occupancy rates from 2022/2023 to September 2024. Hurley cited crime, safety, and security issues. Rosenbarger asked if the ratio of affordable housing units versus market rate units was appropriate. Hurley explained that the AMI could not be changed due to federal standards. Zulich moved and Daily seconded to postpone the discussion until the next regular session on August 6, 2025. There was council discussion about timelines, consideration of new information, a potential new tax abatement with different agreements, and options for council action. The motion to postpone discussion received a roll call vote of Ayes: 3 (Zulich, Stosberg, Piedmont-Smith), Nays: 5, Abstain: 0. FAILED Piedmont-Smith asked about waiving compliance. Kupersmith said council could not waive compliance as the filing had been formally received and documented by the county. Daily moved and Piedmont-Smith seconded to find the Annex Group substantially compliant. Daily believed that the property owner had met the allocation requirements. Flaherty disagreed and gave reasons why. He would not support the motion. Ruff gave reasons why he would support the motion. Council discussed changing the motion. Daily withdrew the motion. Flaherty moved and Rosenbarger seconded to find that the property owner made reasonable efforts to substantially comply and that any failures to comply were not the fault of the property owner. The motion received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. 9. ADDITIONAL PUBLIC COMMENT [11:06pm] There was no additional public comment. 10. COUNCIL SCHEDULE [11:06pm] Stosberg reviewed the upcoming council schedule including four budget hearings dates. 7  Meeting Date: July 30, 2025 11. ADJOURMENT [11:08pm] Stosberg adjourned the meeting. 04 APPROVED by the Common Council of the City of Bloomington, Monroe County, Indiana, upon this _______ day of March __________________________________________, 2026. APPROVE: ATTEST: ____________________________________________ _____________________________________________ Isak Nti Asare, COUNCIL PRESIDENT City Clerk Nicole Bolden Clerk’s Note: The above minutes summarize the motions passed and issues discussed rather than providing a verbatim account of every word spoken. Bloomington City Council meetings can be watched on the following websites:  Community Action Television Services (CATS) – https://catvstv.net  YouTube – https://youtube.com/@citybloomington Background materials and packets are available at https://bloomington.in.gov/council 8