Bloomington City Council — Transcript

Monday, October 14, 2024

Story

Bloomington Council approves rental housing fee increases, pauses zoning overhaul

Proclamation for Jeff Macgillis Community Media Day

Communications Staff Awards Recognition

Votes (5)

Consent Agenda Item 3.9: Preliminary and Final Plat for Pan Lake City Homes

7-0 Approved

Dissent: None

Moved by Councilmember D'Alessandro [01:07:07] · Seconded by Councilmember Lowman [01:07:29]

Councilmember D'Alessandro held this item to draw attention to community concerns about the development, acknowledging its controversial past and a lawsuit. Staff provided an update on the revised plat due to floor plan adjustments and a projected construction start in Spring, with deadlines for recording the plat and final development plans extending to October 2025.

Public Hearing 4.1: Corrected 2024-2025 CDBG Annual Action Plan and Budget

7-0 Approved

Dissent: None

Moved by Councilmember D'Alessandro [01:17:28] · Seconded by Councilmember Moua [01:17:54]

The council considered corrections to the annual Community Development Block Grant (CDBG) plan. The corrections were necessary because HUD increased the city's allocation and issued new administrative guidance to exclude prior-year funds from the action plan. Staff noted that this type of correction is not uncommon, and no public comments were received during the public comment period or the HRA's public hearing.

Public Hearing 4.2: Rental Housing Code Amendments

7-0 Approved

Dissent: None

Moved by Councilmember Lowman [01:57:42] · Seconded by Councilmember Moua [01:58:36]

The council discussed proposed amendments to the rental housing code, including removing license requirements for state-licensed group homes, adopting the 2024 International Property Maintenance Code, and increasing license fees. Two options for fee increases were presented (Option One: 2% cost recovery, Option Two: near full cost recovery), with staff advocating for Option Two due to rising program costs and fees not keeping pace. Public comment included a landlord opposing the increase due to perceived price gouging and a tenant supporting the increase as reasonable for necessary services. Councilmembers debated the balance between full cost recovery, potential rent increases, and the need for robust inspection programs, with consensus leaning towards full cost recovery and exploring a multi-year fee schedule and alternative inspection frequencies in the future.

Public Hearing 4.3: Assessment Role 2024-1 for Pavement Management Program (PMP) Reconstruction Projects

7-0 Approved

Dissent: None

Moved by Councilmember Lowman [02:14:48] · Seconded by Councilmember Carter [02:15:20]

Staff presented the 2024-1 Special Assessment Roll for the Pavement Management Program (PMP), which aims to cost-effectively maintain road infrastructure. The program uses pavement condition index (PCI) ratings to schedule reconstruct, overlay, and seal coat projects. Assessments are based on adjusted front footage, with different rates for single/two/three-family residential properties (25%) and other properties (50%). The total project cost was over $7.6 million, with surfacing and curb & gutter work assessed. Payment options, interest rates, hardship deferrals, and an appeal process were outlined.

Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

A decision on the specific option (45 vs. 57 uses) and the overall ordinance is pending. Councilmember D'Alessandro supports the 45-use option. Councilmember Lowman supports the 57-use option. Councilmember Rivas expresses strong opposition to giving up oversight.

Dissent: Councilmember Rivas expressed strong opposition to giving up oversight, potentially indicating a 'nay' vote. Councilmembers D'Alessandro and Lowman disagreed on the specific number of uses to change, indicating potential dissent on that aspect of the motion if a vote were taken.

Moved by Not provided in the transcript for this item, discussion ends before formal motion and vote. · Seconded by Not provided in the transcript for this item, discussion ends before formal motion and vote.

The council discussed proposed amendments to the zoning code aimed at streamlining development by reducing time, cost, regulatory complexity, and increasing applicant confidence. The ordinance shifts approval authority for various applications (e.g., administrative code, zoning variance, conditional use review for 45 specific uses, outdoor dining standards, site plan review) from the City Council to the Planning Commission or staff, while retaining appeal pathways. Staff presented two options for conditional use changes (45 vs. 57 uses), supporting the Planning Commission's recommendation for 45. A new provision allows the Planning Manager discretion to require public hearings for unique projects that don't meet traditional size thresholds but have high public interest. Council discussion included the impact on council oversight, the composition of the Planning Commission, and the desire for clarity and efficiency for businesses.

Notable Quotes (13)

Given the fact that there's a lot of interest in the community around this, I wanted to hold it just make sure people knew that the good news is that there's maybe progress happening and we're actually going to get something built here if we can get this plant over the line which would be much better than the eyesore that it is right now with the basically, you know, dirt lot that it is.

Councilmember D'Alessandro [01:03:59]
Consent Agenda Item 3.9: Preliminary and Final Plat for Pan Lake City Homes

This guidance that we received to not include the prior year funds is new and that was the the main reason for denial. So if we follow that guidance for the next year I wouldn't anticipate the need for a correction like this.

Kenny Niemeyer [01:13:00]
Public Hearing 4.1: Corrected 2024-2025 CDBG Annual Action Plan and Budget

The Greater increase would be for rented house the increase proposed under option would be an increase of $3.75 per month and under option to would be $5.83 per month.

Lynne Moua [01:28:44]
Public Hearing 4.2: Rental Housing Code Amendments

I hear that you know, you no longer have to give licenses to units in a group home. Well, where is that money that you're getting from there? How is that being passed on? I don't know what those numbers are but my first reading of this was like 30 almost 30% or Option Two almost 50% for a condo increase. I think basically too much putting that in perspective, a retired Registered Nurse my Nursing License gets renewed every two years for $85.

Clare Fahy [01:36:13]
Public Hearing 4.2: Rental Housing Code Amendments

I can't have it both ways. Right. We're looking at ways which to reduce our overall levy. This is a way in which to do it. So I I'm looking at the Option Number Two and I'm thinking this is what we got to do. I wish we could spread it out over a number of years B either way going to pay you they're going to pay it in taxes on the one way or you going to pay it directly in a fee. So either way you're going to you're going to pay that tax.

Councilmember Lowman [01:42:26]
Public Hearing 4.2: Rental Housing Code Amendments

I support this as it is right now but I also at some point would like to a look at is there a way to go to every other year on some these and part of the reason I bring that up is because the other license I hold allows me the opportunity to go into 30 to 40 different people's houses throughout the region and I would probably say that in 80% of those houses that we go into because of the building inspection we have to make sure they have smoke detectors in their house.

Councilmember Nelson [01:44:42]
Public Hearing 4.2: Rental Housing Code Amendments

You can think of the VIP as a as a as a maintenance point maintenance plan akin to something you have on your car where you do periodical maintenance so that you can reduce the overall cost. You don't have to buy a new engine in a few years.

Christian Anago [02:04:19]
Public Hearing 4.3: Assessment Role 2024-1 for Pavement Management Program (PMP) Reconstruction Projects

In Bloomington we only assessed for the initial installation of Carbon Gutter. So if carbon gutters already in place on a street that was part of the reconstruct project those parcels aren't aren't assessed for that work.

Brian Hanson [02:07:05]
Public Hearing 4.3: Assessment Role 2024-1 for Pavement Management Program (PMP) Reconstruction Projects

The other point I've made at Planning Commission and City Council through this process is that when a city is looking to do that it's important to note and be on the record about maintaining really high quality internal review procedures so that you're ensuring compliance the code you're bringing all the various different groups together.

Nick Johnson [02:22:20]
Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

If the outdoor dining had more than 16 seats and was located within 250 feet of residential uses. So it has to be meet both of those it's not an or it's an and and then just general discussion about you know what could be included in a noise mitigation think about outdoor sound amplification both locational and hours of when you do that.

Nick Johnson [02:29:43]
Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

I Just Want to Give My Support of the 45 and not the the 57 It Seems Like the of that of the 12 Those are definitely some things that I Think It's fair to still want to have some a little bit of a little bit of like policymaking that can happen through the you know, requiring a conditional permit as opposed to having it just come straight through especially when it comes to like the fuel cells.

Robert Coleman [02:37:34]
Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

I just can't understand how as council we're going to give up the oversight. I just can't comprehend it. I mean the more I think about it it is a good idea to expedite businesses and stuff. However giving up the oversight I just can't really get it into my my little to understand it.

Councilmember Rivas [02:50:52]
Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

I am often hesitant to give up discretion as well. I will say two things I don't think this will change your mind and they're not intended to. Oh there is always the opportunity for any to appeal these to the council so that that pathway still exists. If there is concern within the community, if you hear from constituents with concerns.

Councilmember Nelson [02:51:57]
Public Hearing 4.4: City Code Amendments Regarding Streamlined Development Ordinance

Ordinances & Resolutions (15)

New Law (Remote Attendance)Other

A new state law passed this year allowing elected officials up to three remote meeting instances for health or medical reasons, requiring roll call votes.

CDBG Annual Action Plan and Budget (2024-2025)Plan

Annual plan for Community Development Block Grant funding from HUD, covering programs for low and moderate-income households, requiring correction due to increased allocation and administrative guidance.

Consolidated Plan (2020-2024, 2025-2029)Plan

Long-term plan for CDBG fund usage, created in partnership with Hennepin County.

Rental Housing Code AmendmentsOrdinance

Proposed changes to the city's rental housing code, including removing license requirements for state-licensed group homes, adopting the 2024 International Property Maintenance Code, and increasing license fees.

Minnesota Statutes 144G.45 Subdivision ThreeOther

State statute that removed the requirement for state-licensed group homes (six or fewer residents) to have a city rental license.

International Property Maintenance Code (2024 Version)Other

The current version of the property maintenance code adopted by the city as part of rental housing code amendments.

Assessment Role 2024-1Other

Document approving special assessments for the 2024 Pavement Management Program (PMP) reconstruction projects.

Minnesota Statutes 429Other

State statute granting cities the ability to levy special assessments for certain improvements.

City's Special Assessment Policy (1962)Other

Long-standing policy defining the basis for special assessments in Bloomington, updated multiple times.

City Code Amendments (Streamlined Development Ordinance)Ordinance

Proposed changes to the city's zoning code to reduce time, cost, regulatory complexity, and increase applicant confidence for development projects.

City's Comprehensive Plan (Land Element, Housing Element)Plan

City plan guiding land use and housing production, aligned with streamlining development efforts.

City's Five Year Strategic PlanPlan

City plan emphasizing economic growth and efficiency, aligned with streamlining development efforts.

Zoning CodeOther

The primary regulatory framework for land use and development in the city, undergoing amendments for streamlining.

City Code Chapters 14, 15, Appendix AOrdinance

Chapters of the city code amended by the rental housing code changes.

City Code Chapters 1, 2, 11, 12, 13, 14, 15, Appendix AOrdinance

Chapters of the city code amended by the streamlined development ordinance.

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Bloomington City Council - Bloomington Recorder