Bloomington City Council — Transcript

Monday, September 30, 2024

Story

Council to revisit Luther Kia zoning application after resident concerns

Environmental Preservation vs. Bike Path Development in Creek Area

Luther Kia Application, C5 District Zoning, and Long-Term City Planning Discrepancies

Neighbor Nuisance Issues and City Code Enforcement

Votes (5)

Citizen Complaint Regarding Police Call Reports

No formal vote; Mayor committed to follow up with Chief of Police.

Dissent: Sally expressed continued dissatisfaction with the proposed resolution and previous city responses.

Sally questioned the presence of her name on seven police call reports from four years prior, asserting she had not called the police. A Council Member clarified these were 'call notes' from a data request, not official police reports. Sally expressed frustration with previous inaccurate information from the city regarding disability parking compliance and demanded a clear explanation. The Mayor pledged to investigate with the police chief and provide an answer, aiming to resolve the recurring complaint.

Public Comment: Environmental Protection of Creek and Bike Path Development

Public comment received; no formal action taken during the listening session.

MJ, an eight-year-old, delivered a passionate plea against introducing bike paths in a local creek area. She highlighted the existing biodiversity and the peaceful, natural environment, arguing that new paths would disturb wildlife, reduce natural habitats, and pose safety risks where walking and biking paths intersect. Council members acknowledged her input.

Public Comment and Concerns on Luther Kia Application and C5 Zoning

No formal vote during public comment; Council Member D'Alessandro committed to pulling the Luther Kia application from the consent agenda for discussion.

Robert Coleman voiced opposition to the Luther Kia application, contending it violates the spirit of the C5 district's high-intensity mixed-use intent due to a 2015 'carve-out' for auto sales. He argued this carve-out, by allowing arbitrary Floor Area Ratio, undermines long-term city planning goals such as the Penn American and South Loop district plans, potentially jeopardizing future transit funding. He also criticized a 'development agreement' with Crowds Anderson for its lack of public accessibility. Council Member D'Alessandro stated she shared similar concerns and would pull the Luther Kia item from the consent agenda for further discussion.

Citizen Complaint Regarding Neighbor Nuisance and Enforcement

No formal vote during public comment; advice and city department referrals provided; potential future policy consideration for rental property regulations noted.

Sherry detailed persistent issues with a renter neighbor, including excessive car horn noise at late hours, throwing branches onto her property, and young children playing unsupervised in a vehicle. She had contacted police multiple times and sent a certified letter to the property owner without resolution. The Mayor advised continued police calls for noise violations and suggested environmental health for brush disputes, while noting that children playing in a car is not illegal unless keys are involved. A council member raised the possibility of citing property owners for noise violations in rental situations as a potential enforcement mechanism.

Meeting Adjournment

6-0 Approved

Moved by Unknown [30:37] · Seconded by Unknown [30:37]

The listening session concluded due to time constraints, and a motion was made to adjourn.

Notable Quotes (11)

I want to know why my name is on seven police reports. I wasn't calling the police. They shouldn't have been putting my name on a report, seven reports and they're on there and I should know. I should know why.

Sally [3:46]
Citizen Complaint Regarding Police Call Reports

just for clarification purposes, these are a lot more like, think about it more like call notes and not an official police report.

Council Member [4:53]
Citizen Complaint Regarding Police Call Reports

I just said, we will ask them and get an answer from them and I will report that to you and then that will be the answer.

Mayor [6:59]
Citizen Complaint Regarding Police Call Reports

we think that if there if we can keep all the stuff that we have there and not add bike paths, that it'll stay. All it'll be really nice and that there will still be a lot of nature in that, like, animals can live there. And if there's bike paths, then that's, it's kind of killing the environment because there's not a lot of places for animals now.

MJ (Anne Jay Heali) [9:36]
Public Comment: Environmental Protection of Creek and Bike Path Development

Feel like. This is really nice and not have to deal with the problem that maybe there's a bunch of bikes and that there's people just screating around and if there's bike paths, if they're too close to the walking paths that maybe. There could be an incident when someone gets hit and run over by something, and that's not good.

MJ (Anne Jay Heali) [12:29]
Public Comment: Environmental Protection of Creek and Bike Path Development

I think that the, when like I look at the intent statement for, the, the C five district that the luther Kia would be in, it, it really, has like a very optimistic, it has a very... it talks a big game about what that district should look like and, but then it it's a, the underlying code doesn't really back that up because there's this carve out from 2015 that allows the, the floor arrow ratio... to be arbitrary.

Robert Coleman [14:46]
Public Comment and Concerns on Luther Kia Application and C5 Zoning

it really feels like. The, the penn American plan and the South loop district plan and the city code intent statements, they really, they paint a different picture than what the actual underlying code, shows because if you're, if you know, if you're working at the FTA and you're like, yeah, I really feel like the, you know, the future. Now, in the future, the American transit way corner plan, like it says a lot of good things, but if we can have if the city of Bloomington is, you know, putting in code these carve outs and then using them in 2024, to undermine one of the most important tools of the C five district.

Robert Coleman [17:10]
Public Comment and Concerns on Luther Kia Application and C5 Zoning

to your point on the key of thing I had asked some questions of staff earlier because I had a similar impression of what we had been working towards, so I'll be holding that and we'll have a good discussion about it tonight so can't tell any tell you what we're gonna vote, right? But that'll help. Happened. At least I'll be asking to hold it.

Council Member D'Alessandro [19:23]
Public Comment and Concerns on Luther Kia Application and C5 Zoning

I have a problem with my neighbor. Yeah, it's been going on for a while, and I've called the cops. The cops have been there, had to talk with them, and yet it continues. Apparently he has a problem with his horn at 1230 yeah 1230aM 1130 pM3. Day in the morning, he doesn't just go to lock it. It takes him 45 min to lock it.

Sherry [21:40]
Citizen Complaint Regarding Neighbor Nuisance and Enforcement

A couple of things I would I would say if as the if the beeping continues I would continue to call the police that especially late at night, I mean that's a that's a violation and and you can't be doing that kind of thing, so I would continue to do that. Environmental health might be the people to talk to regarding. Branches or brush or whatever and and that lot line disputes.

Mayor [24:50]
Citizen Complaint Regarding Neighbor Nuisance and Enforcement

Rental or the owner of our property, if they rent it, we have more control because that's a business. And one of the things I would suggest is a potential to look at because we decide not to go forward with short term rentals, but one of the things that short term rentals. Tools have historically done is put in place rules regarding noise and parties and things of that nature, and we may have, we may have tools... to deal with a rental situation, much more so than if if they own the house themselves.

Council Member [29:16]
Citizen Complaint Regarding Neighbor Nuisance and Enforcement

Ordinances & Resolutions (10)

Police ReportsOther

Call notes requested by Sally, not official police reports.

State StatuteOther

Compliance issue related to disability parking mentioned by Sally.

C5 District CodeOrdinance

Zoning district for high-intensity mixed residential/commercial use, central to Luther Kia discussion.

2015 Carve-outOrdinance

Amendment to C5 district allowing arbitrary Floor Area Ratio for auto sales, criticized by Robert Coleman.

Penn American PlanPlan

City planning document discussed in context of long-term vision vs. actual code.

South Loop District PlanPlan

City planning document related to phasing out remote airport parking.

Remote Airport Parking MoratoriumOther

Policy mentioned by Robert Coleman regarding consistency with district plans.

Luther Kia ApplicationPermit

Development application on the consent agenda, subject of Robert Coleman's concerns.

Development Agreement with Crowds AndersonOther

Agreement mentioned by Robert Coleman as an example of a non-publicly accessible document impacting city planning.

RS1 ChangesOther

Prior discussion referenced by Robert Coleman about aligning intent and code.

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