Bloomington City Council — Transcript
Monday, June 1, 2026
Appointments to City Commissions
Growth Through Opportunity Program Swearing-in
Budgetary and Financial Control Policy Revision
City Charter Amendments
Gallery Apartments Rezoning and Development Plans
Underdog Recovery Homes Reasonable Accommodation Appeal
Votes (15)
Appointments to Planning Commission (Item 2.1)
Dissent: None
Moved by Council member Robertson [0m13s] · Seconded by Council member Lowman [0m13s]
Council members Robertson and Lowman, from the interview panel, presented recommendations for two Planning Commission openings. They noted the high quality of seven applicants and recommended the reappointment of Madeline Summers for her experience and institutional knowledge, and the appointment of Robert Coleman for his urban studies background and unique perspective. The Council expressed appreciation for the community's willingness to serve.
Appointment to Human Rights Commission (Item 2.2)
Dissent: Councilmember Rivasi
Moved by Council member Robertson [0m17s] · Seconded by Council member Lohmann [0m17s]
Council member Robertson presented the panel's recommendation for one partial term opening on the Human Rights Commission. Jessica Kilty was recommended due to her strong passion for the HRC's work, extensive volunteering, and professional experience in immigration, which was deemed particularly relevant and helpful for the city's current needs.
Appointments of Young Adult Members to Commissions (Items 2.3-2.5)
Dissent: None
Moved by Council member D'Alessandro [0m22s] · Seconded by Council member Robertson [0m22s]
The Council appointed young adult members to the Human Rights Commission (Laken Kennedy, Quinn Wynn), Parks, Arts, and Recreation Commission (Cole Johnson), and Sustainability Commission (Hanan Abre Dima Man, Tara Larson). Council member Carter lauded the exceptional qualifications and community involvement of all young applicants, highlighting the difficulty in making selections due to the high caliber of candidates.
Growth Through Opportunity Program Presentation and Swearing-in (Item 2.6)
Dissent: None
Moved by N/A · Seconded by N/A
Chief Hodges introduced the Growth Through Opportunity (GTO) program's third year, explaining its role in supporting individuals with disabilities in employment through collaboration between the Police Department and Empower Inclusion. Two interns, Joey Aebersold and Jack Johnson, were sworn in, with plans for them to gain experience across various city departments and the Mall of America.
Approval of Budgetary and Financial Control Policy Revision (Item 3.9)
Dissent: None
Moved by Council member Rivas [0m37s] · Seconded by Council member Nelson [0m37s]
Council member Rivas questioned a proposed 50% flexibility in reserves for 'extreme conditions,' seeking clarification on how 'extreme' is defined and mechanisms to prevent its routine use. Finance Director Lori Economyshouler explained that 'extreme' refers to severe market fluctuations, citing a 70% decrease in lodging revenues during COVID as an example. She assured the Council that the policy aligns with Government Finance Officers Association (GFOA) and state auditor best practices, reinforcing the city's strong fiscal management.
2026 One-Time Grant to Resident Arts Organizations (Item 3.21)
Dissent: None
Moved by Council member Rivard [0m40s] · Seconded by Council member Robertson [0m40s]
Council member Rivas initially questioned the funding, mistakenly believing it was for Artistry, which had received its allocation previously. The Mayor clarified that this grant was for other distinct resident arts organizations, including Bloomington Chorale Symphony Orchestra, Continental Ballet, Medalist Concert Band, and Notable Singers, and that Artistry was not part of this specific approval.
Charter Commission Request to Amend Sections 5.05, 5.11, and 5.16 (Item 4.1)
Dissent: None
Moved by Council Member Robertson [0m48s] · Seconded by Council Member D'Alessandro [0m48s]
The amendment proposes removing sample petition text from the City Charter and requiring the city clerk to maintain a sample petition instead. City Attorney Melissa Manderscheid explained this allows for more adaptable and comprehensive guidance, including alignment with Minnesota Rules Part 8205 and modern contact methods for signature verification. Council member D'Alessandro suggested enhancing online accessibility to these resources.
Charter Commission Request to Amend Section 7.06 (Item 4.2)
Dissent: None
Moved by Council member D'Alessandro [0m52s] · Seconded by Council member Carter [0m52s]
This amendment specifies December 23rd as the fixed deadline for passing the city budget, replacing the ambiguous phrase 'third week of December.' City Attorney Melissa Manderscheid noted this change addresses confusion arising from years with five-week Decembers, ensuring a clear and consistent procedural timeline for budget adoption.
Charter Commission Request to Amend Section 7.10 (Item 4.3)
Dissent: None
Moved by Council member Nelson [0m57s] · Seconded by Council member D'Alessandro [0m57s]
The amendment modernizes city disbursement rules to include credit card and electronic funds transfers, while explicitly prohibiting payments via digital currency to safeguard city funds against unrecoverable errors. It also removes the city manager's manual fund notation requirement for contracts. Council discussed the implications of digital currency prohibition and the city's contingency plans for extreme scenarios like ransomware, with staff confirming plans with insurers.
Charter Commission Request to Amend Sections 7.14, 7.15, and 7.16 (Item 4.4)
Dissent: None
Moved by Council Member D'Alessandro [1m0s] · Seconded by Council Member Carter [1m0s]
These amendments clarify the vote requirements for various financing tools, including General Obligation Bonds, Tax Anticipation Certificates, and Emergency Debt Certificates. City Attorney Melissa Manderscheid explained that these changes formalize existing practices, requiring at least five votes to authorize issuance and four votes to award the sale. These tools are infrequently used but maintained for extraordinary circumstances, with the amendments ensuring clear written procedures.
Charter Commission Request to Amend Section 7.17 (Item 4.5)
Dissent: None
Moved by Council Member Loman [1m3s] · Seconded by Council Member Carter [1m3s]
This amendment clarifies the text related to net debt obligations, including a clear definition of 'net debt' and a restatement of vote requirements: at least five votes to authorize issuance and four votes to award the sale of general obligation charter bonds and limited citations. These changes were developed through extensive discussion with the CFO and external bond counsel to improve the clarity and understanding of the section for all readers.
Gallery Apartments Rezoning, Preliminary & Final Development Plan (Item 4.6)
Dissent: None
Moved by Council member D'Alessandro [1m16s] · Seconded by Council member Carter [1m16s]
The Council approved the rezoning of the site at 7900 Xerxes and 3400 American Boulevard West from CO1 PD to C4 PD, along with preliminary and final development plans for the Gallery Apartments. The project proposes a two-phase residential development with 360 units, including a 270-unit, six-story building in Phase 1. Key considerations included a shared parking agreement with the Wells Fargo Tower, approved flexibility requests for setbacks and storage space, and alignment with the North Central Sanitary Sewer project timeline.
Summary Publication of Gallery Apartments Rezoning Ordinance (Item 4.6 Related Action)
Dissent: None
Moved by Council member D'Alessandro [1m17s] · Seconded by Council member Carter [1m17s]
Following the approval of the rezoning ordinance for the Gallery Apartments, the Council authorized its summary publication, a standard procedural step for ordinances.
Approval of Gallery Apartments Two-Phase Preliminary and Final Development Plans (Item 4.6 Related Action)
Dissent: None
Moved by Council member D'Alessandro [1m18s] · Seconded by Council member Carter [1m18s]
The Council formally approved the two-phase preliminary development plan for the Gallery Apartments, envisioning 360 total units, and specifically the final development plan for the initial six-story, 270-unit multi-family residential building. This approval was granted subject to the conditions and code requirements recommended by the planning commission.
Underdog Recovery Homes Reasonable Accommodation Appeal (Item 4.7)
Dissent: N/A
Moved by N/A · Seconded by N/A
The Council conducted a quasi-judicial hearing on Underdog Recovery Homes' appeal for reasonable accommodation to house up to 10 unrelated adults in single-family homes, exceeding the city's 6-person limit. Assistant City Attorney Kevin Toskey argued against the appeal, citing Underdog's failure to demonstrate 'necessity' for the higher occupancy and the request constituting a 'fundamental alteration' of zoning. Underdog's counsel, Megan Rogers, countered with NIH studies and professional affidavits supporting larger recovery communities for therapeutic benefit and argued the request was property-specific and did not fundamentally alter zoning, referencing tribal blood lineage as an initial good-faith basis for compliance.
Notable Quotes (28)
Um we had was it I believe seven applicants for two openings. Um we were extremely lucky to have so many qualified applicants. Um and we would say I know that we said as a group um we would definitely encourage everyone who didn't make it this round, please come back and try again.
Madeline Some Summers, excuse me, Summers um is being recommended for reappointment. Um she's a really strong candidate. Um she's got experience on the commission already. She has tons of institutional knowledge um and she's really really willing to work through the process um and she put a strong emphasis on her preparation for meetings, which is extraordinarily important um and I think invaluable.
So we ended up um appointing Robert Coleman um to excuse me, not appointed, recommending. My apologies. Thank you, council member. Um we are recommending for appointment um Robert Coleman for um that second spot. Um he had a really um unique perspective. He has an urban studies background, really really deep concern on what's best for the city.
Jessica is extremely passionate about the work of the HRC. Um, she's done really extensive volunteering outside of just her professional involvement, um, and she does have, uh, professional experience in immigration work, um, which we think it could be certainly very helpful, especially given, um, the recent tragedy of Metro Search. And, um, we felt like she's really in the midst of it. She's a great connector of people. She's ready to take it to the next level.
Thank you, Mayor. I don't have a question, but I just wanted to say when I was reviewing these applications, I am I was just blown away by the candidates, um the young people who applied and not just for this commission, but all the commissions. I was reading their applications and resumes and I was like, 'Oh my gosh.' Like who is putting us to shame? I mean, um these young people are involved in so much and um doing incredible things already, every single one of them.
Um and what the GTO is, it's the Police Department has um combined our work with Empower Inclusion. We're working together to provide support to individuals with disabilities as they identify and pursue their employment related goals.
I'm just wondering um what uh what defines extreme what guardrails are in place to uh from becoming the normal during routine budget budget pressures.
Um Mayor and Council Member Rivas, um this particular piece uh is the reserves and it's not a budget pressure. It was more a a a reserve reserve, so um I'll get I'll go back to you. I think the example was during COVID our revenues, um, for lodging decreased 70%. So that's an extreme condition.
Mayor Councilmember um, Lowman, we utilize the Government Finance Officers Association best practices. We use the state auditor's best practices. And part of that, um, even in looking at the state auditor's piece, that percentage type um, the revenues for budgetary is right within that some of the language that they use. Is that in extreme conditions, the reserve should be a little higher just to make sure if there's fluctuations in the market, if our cash balances are being drained from other purposes, an emergency, storm, whatever it is, we have the ability to handle it. Good financial management.
I I well, I Councilmember, I will say if if reading the item 3.21, if you recall about two months ago or so, we we uh we forwarded Typically, Artistry would be in this list. What we did was give Artistry their cut 2 months ago and so on. Artistry is not in this list right now. This is Angelica, this is Bloomington Chorale Symphony Orchestra, Continental Ballet, Medalist Concert Band, and Notable Singers.
So in consultation with the charter commission we're recommending that the sample petitions be struck from the text of the charter and in the alternative the city clerk is going to maintain a sample petition for the public. That will allow us the ability to engage and actually give the entirety of what's required to um people that might be interested in proceeding with the petition.
Is it possible for us to I'm assuming that on the clerk's website, there's probably an area of of of inquiry for the public about how to do a petition to the council in the if if something like this would it be possible to update that to make sure that um that we have a link to this Mis- Minnesota Rules 8205 or whatever, so it's nice and easy for people to find.
This ordinance um the need for this ordinance came up um we are entering a batch of years that have 5-week Decembers, and so there was some question this past year like how are we counting weeks? Uh and we ultimately concluded that there was an opportunity here in 7.06 to make a clarifying edit and give an actual date that the uh budget needs to be passed uh as opposed to saying something more generic as in the third week of December, which could mean potentially a couple different things. But, we thought for sure December 23rd um would be a hard date...
So, this these amendments um contemplate that disbursements can happen by credit card and electronic funds transfer. Uh it also indicates that we will not be dispersing city funds with digital currency, um i.e. uh Bitcoin and things like that. Um the disbursements um have to be ident- they they need to identify the funds and from which the payment will be made, and they must comply with uh Minnesota statutes when we process electronic funds transfer.
Mayor and Councilmember D'Alessandro, um we can accept payments of any sort, but we're not going to make payments in the digital world. So, we can um because if you make a payment in a digital world, if there's any mistakes, we can't get it back. But if we um make it an EFT or those type of things, um we have ability to be able to get some funds back. So, we're trying to just protect the city.
My only question is what would happen in the case of and I know we have robust systems in place to prevent this, but there was a ransomware or something like that. Those are those ransoms are always paid in digital currency. What process would there be if the decision was made to just pay it as opposed to trying to work it out a different way.
So with that, it's just a clarification of at least five to authorize and at least four to award after to award the sale. Any questions?
Mayor and members, they are clarifications of of existing practice. Um when um when we're deciding or when the agenda comes out, we prepare how many votes are required for every action that you all are going to contemplate. And uh in preparation for that, Lori and I had previously discussed how many votes do we need to award the sale. And then when this came up during the Charter Commission, we discovered that there was an opportunity to clarify that in writing, so we took that opportunity.
This has to relate This This section relates to net debt obligations. And there was a lengthy discussion at the Charter Commission about um some clarification of the text, what it means, um how to what people necessarily understood um net debt bonds to be, how they function. And so these edits are intended to be clarifying.
So the proposed re-zoning is to re-zone this entire site from CO1 plan development to C4 plan development. Uh CO1 is one of our legacy zoning districts. It was when the city was initially chartered and they had zoning districts, CO1 was pretty prevalent along I-494. We no longer re-zone properties to CO1, so a lot of these standards in that district are out of date. They don't work for current developments. So, the C4 zoning district allows for reduced setbacks. It allows for multi-family residential. And then the plan development uh add-on there, it allows for more flexibility for the developer and for the city.
Um the North Sanitary Sewer project is a 2-year construction project, so we anticipate it to be completed by the end of 2027, so it should time out nicely with the start and conclusion of their construction. Um but it is a condition of the um CO.
But, we're we're a small company in Burnsville and we typically do one apartment like this a year. Um about 5 years ago we actually looked at this site um with Mark uh the prior city planner. And so, I'm thrilled to be here. Um the city has been um wonderful to work with and um I don't really have a lot to add. I I would uh like to commend our architect for coming up with a great design. And we've really been studying a lot of the area properties. Um and I mean, we're going to design something that we'll be truly proud of and I think the city will be proud of.
I think it's a a really nice project. My biggest fear initially was when I read it was going to take out the bank, but then I figured out it was just the outdoor bank um cuz I do have a security box in that in that bank. So, I was like I was like, 'What's going to happen to my wife's jewelry?'
The ask is to application is to house up to 10 unrelated adults in a single family home. There's three locations that they operate from right now. The why is to provide a residence for those in recovery with a living house manager and to comply with city code. So, city code has a maximum of six unrelated adults in a single-family dwelling. So, they need a reasonable accommodation to exceed that number and serve up to 10 as the request.
So, just to kind of ground us Underdog, it's their burden to show that 10 residents is a necessity. So, under the case law that's in the 8th Circuit, just very recent case law as we heard, it's essential or indispensable to its operations and not simply preferable. So, some of the language that the courts have been using is necessity is a high standard. It means something indispensable, essential, something that cannot be done without.
So, each home, um, is primarily resided in by members of the Red Lake Tribal Nation. Um, the the city's interpretation, uh, and the reason that we're here before you tonight, and we raised this in our first communication with the city, um, was saying, well, this home is these homes are different. Um, these homes are representative of a tribal population, um, and uh, and the Supreme Court has recognized that tribal membership decisions are uniquely tied to tribal traditions, customs, and self-government. Uh, the tribe has chosen to define citizenship, uh, through blood quantum and ancestry. And membership is not a voluntary social affiliation, but rather a status derived from documented blood lineage recognized by a sovereign tribal government. So, that's where we come to the concept of adults who are related to each other by blood. And that is how these homes continue to operate.
To be clear, we are saying the data reflects a higher number higher concentration of people between eight to 10 people is necessary for best therapeutic effects. We are adopting that guidance from the NIH-funded studies um and we are supporting that through the licensed drug and alcohol counselors that have testified before you to um as part of this packet.
The other thing I want to mention is that I mentioned this before, but the residents are, you know, the average length of stay across the program that they have is 97 days and that's in the record. So, residents can only stay up to a year as well. So, the majority of residents are leaving within, you know, two to seven months or so or something in that range.
Ordinances & Resolutions (34)
City body responsible for planning and development appointments.
City body responsible for human rights initiatives and appointments.
City body responsible for parks, arts, and recreation appointments.
City body responsible for sustainability initiatives and appointments.
The foundational document of the city, subject to several amendments.
Amended section related to sample petitions.
Amended section related to sample petitions.
Amended section related to sample petitions.
Amended section clarifying the budget passage date.
Amended section modernizing city disbursement methods.
Amended section clarifying vote requirements for General Obligation Bonds.
Amended section clarifying vote requirements for Tax Anticipation Certificates.
Amended section clarifying vote requirements for Emergency Debt Certificates.
Amended section clarifying net debt obligations and associated vote requirements.
State rules defining petition requirements, referenced in City Charter amendments.
Revisions to the city's financial management policies, including flexibility for reserves.
City funds discussed in the context of budgetary flexibility.
Annual grants awarded to resident arts organizations.
Ordinance to change the zoning classification for the Gallery Apartments site.
Development plan outlining the initial, conceptual stages for the Gallery Apartments.
Detailed development plan for Phase 1 of the Gallery Apartments project.
The previous, legacy zoning designation for the Gallery Apartments site.
The proposed new zoning designation for the Gallery Apartments site, allowing for more flexible development.
The city's guiding document for land use and development.
Ordinance providing incentives for developments that include affordable housing units.
A city infrastructure project to expand sewer capacity, whose completion is a condition for the Gallery Apartments development.
An appeal for a waiver or modification of zoning regulations to allow more residents in a group home for individuals with disabilities.
Federal law requiring reasonable accommodations for disabled persons.
Federal law under which drug and alcohol addiction is recognized as a protected disability.
City code section outlining the process for reasonable accommodation requests.
City code section defining 'family' in the zoning ordinance.
City code section providing restrictions on occupancy in single-family dwellings.
Code used to determine permissible living space requirements per resident.
Contract asserted by Underdog as a basis for residents being 'related by blood' for zoning purposes.