Council to revisit Luther Kia zoning application after resident concerns
At a Bloomington City Council listening session on September 30, residents raised concerns about police records accuracy, environmental protection, and a proposed auto dealership that may conflict with city planning goals. Council Member D'Alessandro committed to pulling the Luther Kia application from the consent agenda for further discussion.
The listening session featured four main public complaints, though no formal votes were taken on any items. The most significant action came when resident Robert Coleman challenged the Luther Kia application, arguing it violates the city's own zoning rules for the C5 district, which is supposed to prioritize mixed-use development. Coleman pointed to a 2015 carve-out in city code that allows auto sales with flexible building ratios, saying this undermines long-term planning documents like the Penn American and South Loop district plans. He warned the decision could jeopardize future transit funding from regional agencies. Council Member D'Alessandro said she shared similar concerns and would pull the item from the consent agenda—a procedural move that ensures it will be discussed and voted on separately rather than approved as part of a routine batch.
In other matters, resident Sally questioned why her name appeared on seven police call reports from four years ago, insisting she never called police. A council member clarified these were "call notes" from data requests, not official reports. The Mayor committed to investigating with the police chief and providing an explanation, though Sally expressed frustration based on past inaccurate information from the city.
Eight-year-old MJ delivered an impassioned plea against bike paths in a local creek area, arguing they would destroy wildlife habitat and create safety risks where walking and biking paths intersect. Council members acknowledged her input but took no action.
Finally, resident Sherry described ongoing problems with a neighbor, including late-night car horn noise, thrown branches, and unattended children in a vehicle. The Mayor advised continued police calls for noise violations and suggested contacting environmental health about the branches. A council member raised the possibility of citing property owners for noise violations in rental situations as a potential enforcement tool, suggesting this could become a future policy discussion.
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Votes (5)
Citizen Complaint Regarding Police Call Reports
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
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
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
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.
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.
just for clarification purposes, these are a lot more like, think about it more like call notes and not an official police report.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Ordinances & Resolutions (10)
Call notes requested by Sally, not official police reports.
Compliance issue related to disability parking mentioned by Sally.
Zoning district for high-intensity mixed residential/commercial use, central to Luther Kia discussion.
Amendment to C5 district allowing arbitrary Floor Area Ratio for auto sales, criticized by Robert Coleman.
City planning document discussed in context of long-term vision vs. actual code.
City planning document related to phasing out remote airport parking.
Policy mentioned by Robert Coleman regarding consistency with district plans.
Development application on the consent agenda, subject of Robert Coleman's concerns.
Agreement mentioned by Robert Coleman as an example of a non-publicly accessible document impacting city planning.
Prior discussion referenced by Robert Coleman about aligning intent and code.
Source document
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Other Topics from This Document
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
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