IN - Bloomington: Common Council Legislative Packet

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Common Council Legislative Packet

Office of the Common Council P.O. Box 100

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401 North Morton Street Bloomington, Indiana 47402

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City of Bloomington Common Council

Legislative Packet Wednesday, 13 June 2018 Regular Session
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For legislation and background material regarding Resolution 18-09, please

consult the 06 June 2018 Legislative Packet. All other legislation and background materials included herein. For a schedule of upcoming meetings of the Council and the City s boards and commissions, please consult the City s Calendar.

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City of

Bloomington Indiana City Hall 401 N. Morton St. Post Office Box 100 Bloomington, Indiana 47402

Office of the Common Council (812) 349-3409 Fax: (812) 349-3570

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To: Council Members

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From: Council Office

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Re: Weekly Packet Memo

Date: 08 June 2018 Packet-Related Material Regular Session, 13 June 2018 Memo Agenda Notices -- None Reports Annual Tax Abatement Report (Covering Activity in 2017) o Memo to Council from Brian Payne, Assistant Director, Small Business Development, Economic and Sustainable Development o Report; o Link to Tax Abatement Guidelines Contact: Brian Payne at 812-349-3477,
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Other Reports/Matters - Conflict of Interest Disclosure (Cm. Granger) o Note that Councilmember Granger served on this year s Jack Hopkins Social Services

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Funding Committee and also is an employee of the Shalom Community Center. This year, Shalom applied for two grants from the Jack Hopkins Committee. During Committee proceedings, Councilmember Granger declared her conflict of interest, recused herself from all discussion related to the Shalom applications and recused herself from all votes on the Shalom applications. Councilmember Granger will submit her statutorily-required Conflict of Interest form to the Council for the Council s approval before the Council authorizes the 2018 Jack Hopkins allocations. Once approved, the form will be signed by Councilmember Granger and filed with the State Board of Accounts.

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Legislation for Second Reading and Resolutions

Res 18-09 To Designate an Economic Revitalization Area, Approve the Statement of Benefits and Authorize Periods of Abatement for Real Property Improvements Re: Property Located at 1107 West 3rd Street and Identified by the Monroe County Parcel ID Number 53-08- 05-200-044.000-009) (Milestone Ventures, LLC, Petitioner) Please see June 6th packet for legislation and related information and materials Contact:

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Brian Payne, Assistant Director for Small Business Development, Department of Economic

and Sustainable Development. 812.349.3419; Res 18-12 Waiving Current Payments in Lieu of Taxes (PILOT) by the Bloomington Housing Authority to the City
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Memo to Council o Computation of Payments in Lieu of Taxes (HUD Form)

Contacts: Doris Sims, Director of the Housing and Neighborhood Development Department. 812.349.3594;; Amber Gress Skoby, Executive Director of Bloomington Housing Authority. 812.339.3491 x124; Res 18-11 Authorizing the Allocation of the Jack Hopkins Social Service Program Funds for the Year 2018 and Related Matters. o 2018 Solicitation Letter o Elaboration of Criteria o 2018 Committee Recommended Allocations o Funding Agreement Template

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* Please note that the above-listed documents and the summary memo provided herein

constitute the advisory Report of the 2018 Jack Hopkins Committee pursuant to Bloomington Municipal Code 2.04.230 Contact: Allison Chopra, Committee Chair. 812.349.3409; Legislation for First Reading Ord 18-12 To Amend Title 2 (Administration and Personnel) of the Bloomington Municipal Code Re: Adding Chapter 2.86 (Prohibitions Associated with the Use of the Critical Incident Response Team Armored Rescue Vehicle) Contacts: All members of the Common Council; see for individual Councilmember contact information; to contact the entire Council: 812.349.3409 or Ord 18-13 To Add a Residential Single Family (RS) Zoned Parcel and Make Other Amendments to a Planned Unit Development (PUD) District Ordinance and Approve the Associated Preliminary Plan - Re: 2005 S. Maxwell Street and 1280

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1325 E. Short Street (Loren Wood Builders, Petitioner)

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Certification of Action (7-0) taken on May 14, 2018 (Certified May 22, 2018)

o Maps of Site and Surrounding Area and Uses o Memo to Council from Amelia Lewis, Zoning and Long Range Planner o CoHousing Development Standards o Memo from Environmental Commission to Plan Commission o Petitioner Materials: Revised Petitioner s Statement Proposed Site Plan

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Short Street Connectivity Plan o Links to Plan Commission Materials for Meetings in April and May

Cohousing PUD (PUD-02-18)1 which include memos from the Bicycle and Pedestrian Safety Commission, the City s design consultant (Schmidt Associates), and additional petitioner materials including site maps, discussion of meeting with neighbors, sample elevations of dwellings, and more: Contact: Amelia Lewis at 812-349-3423 or Minutes Regular Session 30 May 2018 Memo Regular Session Wednesday, 13 June 2018

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One Report, One Disclosure of a Conflict of Interest, Three items for Second Readings

and Resolutions, and Two items for First Reading

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Next Wednesday, there are two items under Reports, including an Annual Tax Abatement Report and a

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disclosure of a Conflict of Interest. In addition, there are three items under Second Readings and

Resolutions and two items under First Reading. All but one resolution under Second Readings and Resolutions can be found in this packet. The resolution can be found in the packet issued for the 30 May 2018 Regular Session.

For materials distributed in interest of Plan Commission meetings in 2018 please, see the meeting dates at the

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following link:

Reports from the Mayor

Annual Tax Abatement Report (Summary of 2017 Activity) The Annual Tax Abatement Report was prepared and will be presented by Brian Payne, Assistant Director, Small Business Development, Economic and Sustainable Development Department. The
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Report is an analysis of the tax abatements granted by the City and is largely based on the annual

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CF-1 Reports filed by the recipient of an abatement. CF-1 forms for improvements to real estate and

the installation of new manufacturing equipment (personal property) are all due on May 15 of each year.2 The Council must act within 45 days of the deadline for filing the CF-1s, if it intends to exercise its power to rescind a tax abatement.3 Although there is no recommendation to rescind any of the five projects currently receiving a tax abatements, the presentation of the Report next week would be in time, if necessary, to take such action. Tax Abatements Tax abatements are a reduction of tax liability on real and personal property that applies to increased assessed valuation due to new investment.4 Prior to awarding a tax abatement, the Council must make a determination (in the form of designating an Economic Revitalization Area [ERA] and, in some cases, an Economic Development Target Area [EDTA]) that the site would not develop under normal
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market conditions. Although this is a prediction and, therefore, a difficult determination to make, it

serves as a check on the awarding of an abatement by providing an initial focus on the nature of the site and whether this tax break is needed to encourage the investments at that location. Please note that the period of abatement may run from 1 to 10 years and the amount of the abatement is generally determined by a sliding scale which runs from 100 to 0 over the period of abatement. Recently, the Indiana General Assembly (General Assembly) made a few significant changes to this

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sliding scale and time configuration.5

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In 2011, with enactment of P.L. 173-2011, the General Assembly authorized local entities to grant up to three years of 100 abatement in certain very limited circumstances (involving

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occupation of large, vacant buildings and the investment of at least 10 million), and authorized

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local entities to use alternative methods for determining the duration and amount of property

tax abatements based upon certain factors.6

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The forms are available in the City Clerk s Office if you wish to review them. 3 IC 6-1.1-12.1-5.9 4 The kinds of investments in real and personal property that may be eligible for tax abatements are largely found in IC

6-1.1-12.1 et seq., which, along with the ones typically authorized by the City, also include ones for distressed
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residential properties and vacant buildings. In addition, there is an opportunity to grant a tax abatement for Council

No additional detail provided

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Enterprise Information Technology Equipment with a high technology district area under IC 6-1.1.-10-44. 5 In addition, in 2016, the General Assembly provided a means for a property owner who failed to file for a deduction in

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one year to file for one in a subsequent year. P.L. 203-2016 (H.E.A 1273) provided, in part, that a property owner who

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fails to file for a deduction in one year may file from January 1 to May 10th of a subsequent year for a deduction with the

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Auditor. If the Auditor can determine that the number of years and schedule for the deduction has been approved by

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resolution of the Council, then the Auditor will make the appropriate deduction. If the Auditor cannot determine that

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information, then the deduction is forwarded to the Council which can clarify the matter by resolution. IC 6-1.1-12.1-

5(f)(1)-(2) 6 See IC 6-1.1-12.1-4; IC 6-1.1-12.1-17 In 2013, with the enactment of P.L. 288-2013, the General Assembly required that all future tax abatements be accompanied by a schedule which specifies the percentage for each year of the abatement.7 In 2014, with the enactment of P.L. 80-2014 (SEA 1), the General Assembly provided, in part, that, effective July 1, 2015, a designating body may establish an enhanced abatement schedule for business personal property that may not exceed 20 years. This provision requires that if a taxpayer is granted a deduction that exceeds 10 years, the designating body shall conduct a public hearing to review the taxpayer s compliance with the statement of benefits after the tenth year of the abatement.8 The law also provided for the distribution of
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abatement clawbacks to taxing units on a pro rata basis.9

Based on phased-in assessed valuation rates governed by State law, the Bloomington Economic Development Commission recommends a term of abatement for each project, which requires the Council authorization. With respect to abatements on new construction and on personal property, the Council may choose to limit the dollar amount of the deduction. Guidelines for Granting a Tax Abatement As noted above, tax abatements are governed by both State statue and local rules. In January 2011, the City adopted new local tax abatement guidelines, Tax Abatement Program: General Standards. These standards supplement the requirements outlined in State law and attach to those projects

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approved after the Local Standards went into effect. Once determining that a site is distressed per an

ERA designation, State statute and Local Standards require the Council to find that the benefits asserted by the petitioner are reasonable and probable and justify, in totality, the granting of the
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abatement. According to State law, those benefits are set forth in a Statement of Benefits (SB-1)

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and include the estimated cost of the project, number of persons employed, and payroll, along with

any locally identified benefits. Under current Local Standards, [e]ach project is reviewed on its own merits, and the effect of each project on the revitalization of the surrounding areas and employment is considered (p. 2). Basic eligibility is achieved by demonstrating: the creation of full-time, permanent living-wage jobs (pursuant to Chapter 2.28 of the Bloomington Municipal Code); and the creation of capital investment as an enhancement to the tax base.
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In addition to these threshold requirements, current local guidelines direct that other evaluative

criteria will be considered in the review of a tax abatement application. These evaluative criteria pivot on:

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quality of life and environmental/sustainability;

affordable housing; community service; and community character.
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IC 6-1.1-12.1-17 8 See IC 6-1.1-12.1-18. 9 IC 6-1.1-12.1-12.5

These criteria are further elaborated upon in Appendix 1 of the guidelines. Recall that tax abatements granted before 2011 were approved under the old guidelines. Standard of Review The Council reviews projects under a statutory process that focusses on the CF-1s which compare

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benefits committed to by the applicant in the Statement of Benefits (SB-1) with the actual benefits

delivered by the project. In reviewing the CF-1s, the Council must determine whether the projects are

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in substantial compliance with the commitments made at the time the abatement was granted. Should the Council determine that a recipient of an abatement is not in substantial compliance, it has 45 days from the CF-1 filing deadline to initiate the rescinding of the abatement, which will result in

the terminating of the deduction. The decision to terminate the tax deduction should be made only if the Council concludes that the taxpayer has not made reasonable efforts to meet its commitments and was not prevented from complying with the terms of the abatement due to factors beyond its control.10

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If necessary, the Meeting Memo for next week s meeting may offer the Council an order for your deliberations as well as a menu of motions from which to choose.

The Tax Abatement Activity Report The Tax Abatement Report reviews five active abatements for which CF-1 forms are required and finds all the projects to be in substantial compliance. It then summarizes four projects which are under way, but not yet subject to the CF-1 requirement. Lastly, it notes two abatements that have or will expire(d)
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between 2016 and 2018.

The Report was approved by the Economic Development Commission on May 16th and is rendered as a PowerPoint presentation and is organized as follows: Introduction slides 3-7

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Summary of the Economic Impact -- slides 8-10

Residential Development Projects slides 11-12 (1 project) Mixed-Use Projects slides 13-16 (2 projects) Commercial Projects slides 17-20 (2 projects) Projects in Progress slides 21-28 (4 projects) Expired Abatements - slide 29 Economic Impact As a result of previous requests from the Council, the Report outlines the economic impacts of the active abatements, in the aggregate. Key impacts include:
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IC 6-1.1-12.1-5.9. Also, please know that the local General Standards give the following examples of grounds for

terminating a tax abatement: 1) Failure to comply with any terms set forth in the Memorandum of Agreement; 2) An incomplete, inaccurate, or missing CF-1; 3) Petitioner vacates the City of Bloomington during the term of abatement; 4)

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Fraud on the part of petitioner; and 5) Initiation of litigation with the City of Bloomington.

Progress toward new real and personal property investments Proposed: 52.1 million
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Actual: 73.79 (with 20.7 million more investment in commercial personal property than expected)

Jobs Created (excluding temporary jobs) Proposed: 205 Actual: 728 Payroll (excluding unknown salaries from leased space) Proposed New: 9.57 million Actual New: 51.2 million Average Salary
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Proposed New: 46,687

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Actual New: 70,349

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Actual New Retained: 62,254

Total Jobs and Salaries New and Retained

Jobs: 854 Salaries: 53.16 million Assessed Values (for both Real and Personal Property) Before Project: 3.53 million Current: 38.14 million (with 24.5 million more in commercial Assessed Valuation11 than initially anticipated; 4 times more in mixed use development; and 3 times more in residential development).

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List of Projects Currently Receiving a Tax Abatement

The following is an at-a-glance list of projects covered by the Report.
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Slide Owner Address Legislation Year of Abatement

Residential Projects 11-12 B L Rentals, LLC 718, 720 722
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Res 03-22 9 of 10 Mixed Use Projects

Please note that this figure reflects current Assessed Valuations which are subject to adjustments beyond investments

made by the property owner. These may relate to changes in the condition of the property as well as changes in value of

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property in the area and community.

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13-14 Big O Properties, LLC 338 South Walnut

Street Res 15-01 3 of 3
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15-16 Urban Station

403 S. Walnut Res 16-12 1 of 10

Comment. This is the first year of a tax abatement for this project. The actual investment exceeded the estimated amount ( 12.6 million rather than 11.5 million), while the actual number

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of retained and added jobs along with the payroll for those positions all matched the numbers

promised by the applicant. The slide also notes that this is the first City tax abatement project with a commitment to workforce housing including five 1BR and five 2BR units, with a duration of 99 years. Please note that Council approval of Res 17-26 and Ord 17-27 in June 2017 aligned the ERA

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and EDTA designations with the 10-year period of the tax abatement.

Commercial Projects 17-18 Cook Pharmica (Catalent, Inc.)

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1300 S. Patterson

Drive Res 04-08 9 of 10 (Personal Property)

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Comment. The slide notes that this abatement involved a significant investment in both real

estate and personal property. The tax abatement on the real estate has expired and one year
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remains on the personal property. The actual investment ( 37.9 million), number of new jobs

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(716), and the amount of salaries ( 50 million) were all at least double that projected. Please note

that Catalent, Inc. acquired Cook Pharmica in 2017.

19-20 Hoosier Energy 2501 South

Cooperative Way Res 13-03 3 of 10 Projects in Progress (CF-1s Not Reviewed) - with Summaries The following paragraphs note projects that are in progress. Slides 21-22 Woolery Ventures, LLC 2600 S. Kegg Road Real Estate Res 04-01 Res 13-14 Comment. In 2004, the petitioner sought a 10-year tax abatement for a historic adaptive re-use of an abandoned stone mill. The renovation project was to include a hotel and residential units, meet Secretary
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of Interior standards, cost 4.2 million, and create 45 new jobs with an annual payroll of 762,000. Recall,

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that as of 2013, the petitioner indicated that they intended to develop the property, but had not made much

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progress. In response, Council passed Res13-14 late that year to amend this project s original terms of abatement. Res 13-14 resolved that this project s ERA designation would terminate on December 31, 2018 and that if petitioner or its successors commence work on the project on or by December 31, 2018,

the petitioners shall be entitled to a 10-year abatement. However, if the petitioner or its successors fail to commence work by the December 31, 2018 deadline, the abatement would expire. Res 13-14 further

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imposed reasonable conditions on the project and required the petitioner to enter into a Memorandum of

Agreement (MOA). Among other things, the MOA requires annual pre-construction progress Reports and quarterly Reports during construction to the EDC, and annual Reports after completion. The MOA
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acknowledges that the project may require phased development; and, if that is the case, the abatement

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would apply to a first phase. It also provides for clawback of the abatement in the event on non- compliance with certain terms.

The slide notes that over 6 million has been invested since 2016, the MOA has been executed, and that commencement (defined as the obtaining of building permit) must be done by December of this year. The

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slide also notes that construction of the Event Space (Phase I) is expected to be completed this summer.

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Slides 23-24 The Foundry 304 West Kirkwood

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Real Estate and Personal Property

Res 14-15

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Comment: This project is under construction. The Council granted an abatement on real estate and

personal property in 2014. The project will be a new 4-story, mixed use building with 12,640 sf of commercial space on the first and second floor, and residential on the third and fourth floors (but with no abatement granted to the top floor residential units). There is a 5-year abatement on the 11.5 million investment in real estate and a 10-year abatement on the 400,000 investment in personal property. Approximately 55 jobs will be retained (with a payroll of 3.6 million) and 12 jobs created (with a

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payroll of 825,000).

Slides 25-26 Cook Pharmica (Catalent, Inc.)

1300 S. Patterson Drive

Personal Property Res 15-07

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Comment: This project was approved by the Council in 2015 and proposes investment in manufacturing

equipment that is in process. According to the Statement of Benefits, the value of the project is 25 million in equipment (with an increase in AV of 10 million) and will result in an increase of 70 jobs
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with an additional payroll of 3.2 million by 2020. The abatement would be for 10 years and offer a

70 deduction on the new taxes generated by this investment in personal property. Please note that this tax abatement was accompanied by a 250,000 grant from the Industrial Development Fund (IDF) for an
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associated investment of 1 million in real estate (Res 15-08) with benchmarks that were assured with a

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Memorandum of Understanding.

Slides 27-28 Union at Crescent 8 acres on North Crescent Road Real Estate Res 17-30
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Comment: The slide states: Benefits: Construction of a new 146-unit, 5-story multi-family mixed affordable and market rate housing development. Current designs provide 245 bedrooms (67 one-

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bedroom units, 59 two-bedroom units, and 20 three-bedroom units) within four attached buildings.

Summary: No less than 70 of the units (102 units) will be allocated to households with incomes at or below 60 of the Area Median Income, and no less than 20 of the units will be Market Rate. The affordable housing commitment will be not less than 99 years: at least 70 of the units will be affordable for the first 30 years and at least 50 of the units (73 units) will be affordable in years 31-99. Expiring Tax Abatements (Slide 29) The Report lists abatements that have or will expire from 2016 2018:

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2016: Cook Pharmica, LLC 1300 S. Patterson Drive (Real Estate) Res 04-08,

Res 04-09 2017: None

2018: Big O Properties, LLC

(see above)

338 S. Walnut St (Real Estate)

Res 15-01

Other Tax Abatements within the City without Review by the Common Council

The Report evaluates current tax abatement projects authorized by the City of Bloomington, but does

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not address another form of tax abatement within the City enacted by the General Assembly that are

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generally not reviewed by the Common Council. These are tied to our Urban Enterprise Zone and

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offer a 100 deduction of taxes for a period of either five or ten years for eligible investments within

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an Enterprise Zone for the purchase, construction and rehabilitation of buildings as well as the

purchase and retooling of equipment. (I.C. 6-1.1-45) You may recall that the Council does, in fact, review a subset of these abatements which fall within one or another of our TIF districts.

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Second Readings

Item 1 Res 18-09 Tax Abatement and ERA Designation for Milestone Ventures Please see June 6th packet for legislation and related information and materials Item 2 Res 18-12 Waving Payment in Lieu of Annexation for Bloomington Housing Authority Res 18-12 is an annual resolution requested by the Bloomington Housing Authority which waives any payment in lieu of taxes (PILOT) we might require of them. I.C. 36-7-18-25 exempts housing
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authorities from the payment of property taxes, but allows these authorities to enter into agreements

with political subdivisions to pay a PILOT for the estimated cost of services, improvements, and facilities that are provided by the political subdivisions. In the early 1960s, the Housing Authority agreed to pay the City a PILOT. After acknowledging the services performed by the Housing Authority that might have been provided by the City, and acknowledging the benefits we received from its other services, the resolution waives this obligation. Doris Sims, Director of the Housing and Neighborhood Development Department has submitted a
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memo explaining the history of the PILOT obligation. She has also submitted a payment calculation

sheet provided by the Bloomington Housing Authority, which is a Housing and Urban Development (HUD) form used to estimate the 33,934.80 that they would otherwise pay the City for services
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received during the fiscal year ending September 30, 2017. Doris Sims and Amber Gress Skoby,

Executive Director, Bloomington Housing Authority, will be present on Wednesday to explain the resolution. Item 3 Res 18-11 -- Authorizing the Allocation of the Jack Hopkins Social Services Program Funds for the Year 2018 and Related Matters Standing Committee Report: The following description of the 2018 Jack Hopkins Social Services Program, along with the supporting documentation hereto, constitutes the Report of the 2018 Jack
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Hopkins Social Services Funding Committee pursuant to Bloomington Municipal Code 2.04.230. The

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Report of the Committee is advisory in nature.


This is the 26th year of the Jack Hopkins Social Services Funding Program, named after former

Councilmember Jack Hopkins. Since its inception in 1993, the Committee has granted approximately
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3.8 million to serve the needs of our community s most vulnerable residents. Each year, the demand for funds exceeds supply, and each year, the Committee works hard to develop a fair and responsive

process, one sensitive to local need, and one intended to foster responsible fiscal stewardship. This year the Committee had as much as 314,554 to distribute. This number reflects 300,000 budgeted for this

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year s Jack Hopkins Program, plus 14,554 in unused 2017 Hopkins funds. Recall that earlier this year, the Council and Mayor established a Council Jack Hopkins non-reverting fund. This means that

any funds devoted to the Hopkins program, but not spent, remain in a dedicated fund, rather than

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reverting to the General Fund at the end of the year.

Res 18-11 implements the recommendations of the 2018 Jack Hopkins Committee. Specifically, the legislation: Allocates 312,874 in grant funds to 23 agency programs; Approves the Funding Agreements with these agencies; Delegates questions regarding the interpretation of the Agreements to the Chair of the Committee (Allison Chopra); Authorizes the Chair of each year s Committee to appoint two non-Council member appointees to the Committee; and Approves the Report of the Jack Hopkins Committee (which is comprised of this summary and the related materials included in this Legislative Packet). The 2018 Committee The Committee is a Standing Committee of the Council, pursuant to BMC 2.04.210. The 2018 Committee included five Council members assigned by the President of the Council and two City residents with experience in social services: Allison Chopra (Chair) Dorothy Granger Isabel Piedmont-Smith Andy Ruff Susan Sandberg Jennifer Crossley Tim Mayer
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Policies, Procedures, and Schedule for 2018

The following is a brief summary of the 2018 Hopkins process: Organizational Meeting 26 February 2018 The Committee met to establish policies and procedures for the 2018 program. At this meeting the Committee:
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Heard a report of last year s grants from Dan Niederman, HAND department; o Acknowledged that as much as 314,554 was available for distribution; o Requested that the policy of establishing a hard deadline for claim submission of

o Established a policy that agencies invited to make a presentation to the Committee will be allowed to provide supplementary written material to the Committee at that time only if requested to do so;
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Voted to continue the practice of accepting requests for operational funding that do not fit within one of the long-standing exceptions to the one time funding rule: pilot projects, bridge funding, and collaborative projects.

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Authorized the Chair to approve the solicitation letter; and o Established a schedule for 2018.

Request for Applications Issued 05 March 2018 The Council Office sent solicitation letters directly to social services agencies and posted the letter and application on the Committee's website. The United Way distributed this information to its members and in the Non-Profit Alliance Newsletter. The Council Office issued a press release to local media.
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Technical Assistance Meeting 13 March 2018 The Council Office held a Voluntary Technical Assistance meeting in order to explain the

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program to, and answer questions from, agency representatives.

Deadline for Applications 02 April 2018, 4:00 pm 28 timely applications were submitted to the Council Office by the deadline. These timely

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applications totaled 395,533 in requested funding.

Distribution of Packet of Applications 18 April 2018 The Council Office distributed summaries and application materials to committee members and staff and posted the same online for the public. Initial Review of Applications by the Committee 23 April 2018 The Committee met for an initial review of the 28 applications. The Committee first announced
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conflicts of interests12 and then reviewed the applications, removed three applications from

further consideration, and developed questions to be answered by agencies at the Presentation

No additional detail provided

Hearing. (Of the 25 agencies invited to present, 2 withdrew before the presentation, citing their

ability/capacity to execute the proposed projects.) Presentations 03 May 2018 The Committee met, heard presentations from, and asked questions of 23 agencies. Each
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agency was afforded 5 minutes to make its presentation. Committee questions followed each

presentation. Individual Committee Member Recommendations 07 May 2018 Committee members submitted individual recommended allocations and comments to the Allocation meeting. Allocation Meeting 24 May 2018 The Committee recommended funding 23 agency applications for a total of 312,874 Please
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note that the Committee offered an opportunity for public comment before voting on its

recommendations. De-Briefing Meeting 06 June 2018 The Committee met to review the 2018 program what worked well and what warrants change in 2019.
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Technical Assistance Meeting - Tuesday, 19 June 2018, 8:30am, McCloskey Room Dan Niederman in the HAND department has scheduled a Technical Assistance meeting at this time

No additional detail provided

to inform funded agencies how to obtain reimbursements under the grant.

Please note that the minutes of the above Committee meetings will be available in the Council
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Office once they are reviewed and approved by the Committee.

Councilmember and Committee Member Granger disclosed that she is an employee of the Shalom Community Center

and therefore, recused herself from voting on, and participating in discussions associated with, the two proposals submitted by the Shalom Community Center. No other conflicts were indicated. Criteria and Other Program Policies

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Former Council member Jack Hopkins established three criteria for this program in 1993. The

No additional detail provided

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Committee has elaborated upon the criteria over the years by providing a policy statement, which

No additional detail provided

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was sent out with the funding solicitation as well as placed on the Council web page. Those criteria

No additional detail provided

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are briefly stated below:

1) The program should address a previously-identified priority for social services
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funding (as indicated in the Service Community Assessment of Needs [SCAN], the

No additional detail provided

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City of Bloomington Housing and Neighborhood Development Department s

Consolidated Plan or any other community-wide survey of social service needs);
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2) The funds should provide a one-time investment that, through matching funds or

other fiscal leveraging, makes a significant contribution to the program; and
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3) This investment in the program should lead to broad and long-lasting benefits to the


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On Criteria: Continued Allowance for Operational Funds

As originally envisioned, Hopkins funds were intended to be a one-time investment. This one- time funding rule was intended to encourage innovation, address changing community needs, and to
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discourage dependency of an agency on Hopkins funding for its on-going operational needs. Over

time, the Committee has established exceptions to the one time funding rule. Those exceptions allow for requests for operating funds for a pilot project, to bridge the gap left by a loss of another funding source, and for collaborative projects. For the last several years, the Committee has received increasing feedback from agencies calling for a broader allowance for operational requests. Agencies have opined that in the current economic climate, operational funds are the hardest to

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come by and that such funds are critical for non-profits continued provision of essential services. In

response, last year, the Committee voted to accept applications for operational funds that do not fit

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one of the aforementioned exceptions. The Committee agreed to continue this practice again this


The included the following proviso in its solicitation material:

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Please note that the Committee recognizes the growing need for operational funds

that do not fit one of the aforementioned exceptions. For that reason, this year -- in
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addition to accepting applications for operational funds for pilot, bridge, or

collaborative programs -- the Committee is again accepting applications for operational funds that do not meet one of the exceptions to the one-time funding rule. However, know that preference will still be given to initiatives that are one- time investments. Know further that this new allowance is specific to the 2018 funding cycle; the Committee may not offer this allowance in 2019. Applicants should be advised that, as always, funding of any project or initiative this year does not guarantee funding in future years. As always, any request for operational funds must be accompanied by a well-
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developed plan for future funding.

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Enhanced Reporting on Efficacy of Operational Funds Over time, the Committee has worked to build in more meaningful reporting requirements for

grantees, such that it might be better positioned to assess the efficacy of a program or agency in
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future years. This is especially true for operational funds, as the Committee has agreed to continue

with the broad operational allowance for 3-4 years before evaluating the change. For that reason, this year s Committee continued last year s enhanced reporting requirement requiring those who receive operational funds to report back to the Committee at two points: once when the agency submits its final claim in early December (a requirement made of all grantees); and again by 01
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March 2019 to provide an update on the project s outcome indicators. Operational costs are those that are recurring and include outlays for personnel, rent, utilities, maintenance, supplies, client

services, and other like ongoing budget items. Recommendation to Fund 23 Programs The Committee recommended funding 23 agency programs. These agencies, programs, grant amounts and claim submission dates are briefly described below (and summaries of all 28 applications can be found on the Jack Hopkins Committee website): Agency Grant Purpose Amethyst House 16,758.00 To purchase a water heater, treatment

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resources, furniture and paint for the

therapeutic space at the Men s House. Boys Girls Club of Bloomington 27,000.00

To purchase bleachers, tables, cubicles,

stools, and chairs for the Lincoln Street Unit. Catholic Charities Bloomington 13,000.00

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To fund the Trauma-Informed Care

Program. Center for Sustainable Living 3,000.00
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To fund the cost of the sewer connection

permit. This grant is contingent upon The Center for Sustainble Living finalizing the trust and ownership
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dispostion of the property located at 611

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12th Street by October 30, 2018.

No additional detail provided

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Community Justice and Mediation Center 9,493.00

To fund a part-time Project Manager for the Mediation Matters Pilot program.

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Community Kitchen 8,860.00

To purchase a double convection oven for use at 1515 S. Rogers Street.

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Girls INC, Monroe County 13,463.00 To repair three vehicles in the bus fleet.

Hoosier Hills Food Bank 30,000.00 To purchase a new van to convert into an insulated refrigerated van.
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Hoosiers Feeding the Hungry 2,700.00

To fund meat processing for meat

distribution to City of Bloomington residents. Indiana Recovery Alliance 16,953.00 To supplement salary and to purchase Naloxone, a printer, a laptop, printer ink, folding chairs, tables, syringe disposal units, safety vests, safety gloves, trash pickers, and portable outreach containers for harm-reduction services. Interfaith Winter Shelter

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(Fiscal Agent: First Presbyterian Church) 1,500.00

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To purchase metal shelving for guest

belongings at Wheeler Mission.
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Middle Way House 11,000.00

To redesign Middle Way s technology closet through 1) environmental stabilization via improved HVAC and

No additional detail provided

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other means and 2) redesigning and

repositioning telecom/networking equipment. Monroe County CASA 7,768.00 To purchase laptops, printer, projector and pay for information technology support. Monroe County United Ministries 14,014.00 To pay for a consultant to design and

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build a new database for the Self-

Sufficiency Center and to train staff on

use; to purchase system upgrades to computers; and, to pay for salary costs of additional Compass Early Learning

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Center staff hours, said staff hours

having been incurred in January of 2018. Mother Hubbard s Cupboard 7,017.00 To purchase a refrigerator, a refrigerated display case, a display freezer, and related equipment. My Sister s Closet 9,490.00

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To fund the staff and technology needs

No additional detail provided

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associated with the Ready-2-Work

program. New Hope Family Shelter 25,000.00
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To fund the purchase of an eight-

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passenger vehicle and to pay for related

costs. New Leaf New Life 11,229.00

To purchase supplies associated with

New Leaf-New Life s Jail Program; to fund costs associated with the Transition Support Center, including Workforce Communications Support; to purchase
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work footwear; and, to purchase first

week re-entry kits and backpacks of supplies.

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Shalom Center 13,740.00

No additional detail provided

To replace the phone system at Shalom

Community Center and add phones at

Friend s Place. Shalom Center LIFEDesigns To purchase bus tickets, apartment kits,

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hygiene pantry supplies, prescriptions,

over-the counter medication and to pay for staff mileage and life skills training for the Crawford Homes II Housing

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First program.

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Susie s Place 9,089.00 To pay for a laptop computer, a wireless

communication system, Tech Soup software, and a Jamboard. Volunteers in Medicine 26,000.00 To pay for diagnostic labs and imaging.
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Wheeler Mission 25,000.00

No additional detail provided

To purchase bunk beds, mattresses, and

privacy screens for use at 215 South Westplex Avenue. 312,874.00

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First Readings

Item One - Ordinance 18-12 (Title 2- Adding Chapter 2.86 Prohibited Uses of the

CIRT Vehicle) Ord 18-12 codifies certain prohibited uses and features of a Critical Incident Response Team (CIRT) armored vehicle and is sponsored by all members of the Common Council. Earlier this
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year, the Administration announced its intent to purchase a CIRT vehicle. The proposed

purchased generated a significant amount of public concern, particularly as similar vehicles
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have been misused in other communities.

In response to concerns expressed by the community, the Council held a Town Hall Listening

Session on 20 February 2018 to hear from members of the community and to document questions from community members. The Council and Mayor addressed those questions with written responses one week later. Those questions and responses are linked here. Also in

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response to community concern, the Mayor announced his intent to receive additional public

No additional detail provided

input before proceeding with the purchase. After a period of additional comment, the Mayor

No additional detail provided

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announced on March 29, 2018 his decision to move forward with the purchase.

Typically, matters of police policy are governed by General Orders issued by the Chief of Police. These General Orders are subject to change by the particular Chief or Mayor in office at the time. Due to the nature of this vehicle, and its misuse in other communities, the Council feels that certain prohibitions associated with the use and features of the vehicle should be
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solemnized in the Bloomington Municipal Code. Codifying these restrictions not only makes

these restrictions more knowable to the public, but means that any future proposed change to local code would have to go through the Council s notice and legislative rule-making process. The ordinance documents the current Bloomington Police Department s (BPD s) adherence to a guardian mindset to policing and recounts this mindset by citing the training received by BPD officers and the community outreach programs of BPD. The training received by BPD officers include: de-escalation training diversity training implicit bias training training in engaging with individuals with mental illness The outreach programs of BPD recounted in the resolution include: the Downtown Resource Officer program
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its dedication of 100,000 of its annual budget to supporting staffing at social services agencies, such as the Shalom Center and Centerstone

Coffee with a Cop National Night Out
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Banneker, Blue and You

Citizens Police Academy Teen Police Academy Police Explorer Group Neighborhood Resource Officer Program Cops in Schools Safety Training for Children

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Involvement in the cross-jurisdictional Crisis Resolution Team involving overdoses

Involvement in the Domestic Violence Task Force

The resolution also points out that since 2014, BPD has employed the regular use of body cameras, a measure which provides greater accountability by BPD to the public. The resolution states that BPD s guardian mindset to policing is responsible, equitable, and respectful and is the best model of true protection for our community. In the interest of ensuring that this mindset endures when it comes to the use of the CIRT vehicle, the ordinance codifies the following prohibited uses associated with the vehicle. These prohibitions track those outlined in a draft General Order from the Chief and currently under review by the Board of Public Safety. Those prohibitions direct that: the CIRT vehicle may not be used for the purpose of crowd control shall not be used during non-violent public demonstrations. Further, the ordinance prohibits the following equipment for use on the CIRT vehicle: affixed firearms;
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water cannons; and

any other affixed device capable of launching or firing a projectile. Item Two Ord 18-13 Adding One Single Family Residential Parcel to the Cohousing Planned Unit Development, Amending the PUD District Ordinance, and Approving the Associated Preliminary Plan Located at the Intersection of Short and South Maxwell

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Streets (B-TOWN Cohousing, LLC - Loren Wood, Petitioner)

Ord 18-13 amends the Cohousing PUD at South Maxwell Street and Short Street approved by the Council in 2014.13 Please note that, in 2014, the Council adopted a Reasonable Condition

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(RC 03) which removed the requirement for a connection along Short Street to Highland

No additional detail provided

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Avenue, which would be restored by this PUD. According to the Petitioner s Statement and the Memo from Ms. Lewis, Zoning and Long Range Planner, a Cohousing community combines the autonomy of privately owned dwellings with the advantages of community living.

The changes, in brief, would: add a 0.61 acre Single Family Residential (RS) parcel to the west of the PUD, reconfigure and increase the number of units from 22 to 27 (but keep about the same level of density ( 9.7 units per acre) 14 including five Accessory Dwelling Units (ADUs) associated with garages;
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clarify development standards;

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connect Short Street to Highland Avenue along with improve bicycle and pedestrian access to and through the site; and

introduce a design-build approach toward development by the new owner (B- TOWN CoHousing, LLC - Loren Wood, developer). Site and Surrounding Uses. The site is an L shaped, 3.41 acre15 property on the east and south side of the intersection of S Maxwell and Short Street. The surrounding uses include single family residences to the north, land conservancy and single family residences to the east, the YMCA (institutional) to the south, and the Montessori School to the east. Highlights of Changes to the Site Plan. Please see the memo prepared by Ms. Lewis for the

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details of this proposal and the Conditions of Approval for matters that the Commission

wanted clarified during the course of its deliberations. The following bullet-points focus on site access issues which occupied much of the discussion at the meetings in April and May. In addition, the last bullet-point addresses housing diversity and how that issue was left at the Commission level. Short Street Connection to Highland Avenue. The nature of the vehicular connection along Short Street to Highland Avenue evolved over the two meetings. Initially, the
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petitioner proposed an alley like connection, while P T staff proposed a 20 street width, 6 curbs, 5 tree plots, a 5 sidewalk on the north and an 8 sidepath on the south

No additional detail provided

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This PUD was approved via adoption of Ord 14-06 on May 22, 2014. The initial materials and summary can be found

in the weekly Council Legislative Packet issued for the May 7, 2014 Council Regular Session. 14 The density with an encroachment of right-of-way included would be 8.7 15 This includes the unimproved Short Street right-of-way east of S. Maxwell Street, which would provide for parking and a multi-use path via the granting of an encroachment by the Board of Public Works.

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as set forth in the Master Thoroughfare Plan.16 The matter was eventually resolved

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with Condition of Approval (COA) 1, which set parameters for a negotiated solution

between staff and the petitioner. Please see COA 1 below for the wording and the

Short Street Connectivity Plan (included with the Petitioner s Statement).

Pedestrian Facilities. There will be a sidewalk and tree plot on the south side of Short Street and the west side of South Maxwell Street.17 There will also be a sidepath in the unimproved portion of Short Street east of South Maxwell Street, which will connect with a conservation area and planned path to the east and south. In addition, there will

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be a path through the driveway on the western part of the site to the southwest corner of the site leading to the YMCA property where there is a playground. According to the Memo, this path should avoid a detention pond at the southwest corner of the PUD,

and according to COA 4, the petitioner should continue to work with the YMCA to ensure that this access is safe and accessible.

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Housing Diversity. The prices for these homes are estimated to be in the mid 300,000 range, but the petitioner has offered to reduce the housing price to around 250,000 for a limited number of homes. See COA 2, which calls for the petitioner to continue to work in a good faith effort to provide permanent affordable housing options in the development.

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Memo from the Environmental Commission

The Memo from the Environmental Commission supported the concept of a CoHousing neighborhood, but noted that many of the green benefits of this proposal seem[ed] exaggerated. Development Standards Please see the list of development standards which follow Ms. Lewis Memo and establish the setback, height, occupancy, density, parking, impervious surface, landscaping, fence, and signage requirements for this PUD. The Growth Policies Plan (GPP) / Comprehensive Plan (CP) (linked)
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Congruence with and Departure from the GPP The memo to the Council notes that this PUD was established under the Growth Policies Plan

(GPP) and is being amended under the recently approved Comprehensive Plan (CP) and, therefore, is subject to guidance from both long range plans. It identifies the site as an Urban

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Residential Land Use District under the current and previous plans, sets forth the key

recommendations for those districts under each plan, puts this PUD in context with those recommendations, and then summarizes the Plan Commission s conclusions in regard to the PUD s congruence with those recommendations.

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Please see the memo from the Bicycle and Pedestrian Safety Commission (found in the link to the Plan Commission

No additional detail provided

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materials) for more rationale for the need for connectivity at this site. 17 Note that the Council Sidewalk Report recommended funds to design a sidewalk on the west side of South Maxwell

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north of this site.

Here are the relevant guidance on redevelopment for Urban Residential Land Use Districts

under the:

GPP: o Develop sites for predominantly residential uses; however, incorporate mixed

residential densities, housing types, and nonresidential services where supported by adjacent land use patterns. o Optimize street, bicycle, and pedestrian connectivity to adjacent neighborhoods as well as to commercial activity centers. o Ensure that each new neighborhood has a defined center or focal point. This center could include such elements as a small pocket park, formal square with landscaping, or a neighborhood serving land use. o Ensure that new common open space is truly usable and accessible. Provide linkages between such open space and other public spaces. o Provide for marginally higher development densities while ensuring the
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preservation of sensitive environmental features and taking into consideration

infrastructure capacity as well as the relationship between the new development and adjacent existing neighborhoods. And, CP: o Optimize street, bicycle, and pedestrian connectivity to adjacent neighborhoods and other 20-minute walking destinations. o Ensure that appropriate linkages to neighborhood destinations are provided. o Redevelopment or rehabilitation of existing structures, or new infill development
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of single lots or developments less than one acre, should complement the context

of the surrounding land uses. Furthermore, single lots or small-scaled developments should not dominate or detract from the neighborhood context. o Support incentive programs that increase owner occupancy and affordability (including approaches promoting both permanent affordability and home ownership for all income levels).
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In conclusion, the Memo states:

The proposed PUD aligns with and takes into consideration many of the development
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goals of the City including compact urban design, infill development, green building

practices and ideally the provision of housing opportunities for a diverse set of home buyers. One of the intentions behind a PUD is to provide a public benefit that would not occur without deviation from the standards of the Unified Development Ordinance (BMC 20.04.010). As proposed, this development provides substantial benefits to the future home owners, the existing neighborhood and the public. By creating a development with consistent land uses and enhancing the available vehicular, bicycle, and pedestrian connections, the development provides benefits to the City and surrounding neighborhoods.
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Plan Commission Recommendation - Conditions of Approval

After hearings in April and May, the Plan Commission gave this proposal a positive

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recommendation (by a vote of 7-0-0) and attached 14 Conditions of Approval (COA). Those

COAs are quoted below (with parenthetical headings provided by the Council Office):

1. (Short Street Connection) The Short Street connection shall include the following, a paved road adequate for fire, police and emergency access, plus a paved path adequate
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to serve both local users and east-west through traffic of pedestrians and bicyclists

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consistent with the 2008 Bicycle and Pedestrian Transportation Greenways System

Plan. This paved path shall be multi-use and clearly delineated and shall be separated
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adequately from vehicular traffic on Short Street with the specific route and the specific

separation to be determined to staff s satisfaction through continued negotiation between the petitioner and staff and with staff s approval not to be unreasonably withheld.
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(Housing Diversity) The petitioner shall continue to work with the City in a good faith effort to provide permanent affordable housing options in the development.

3. (Recycling) The petitioner will provide recycling for residents. 4. The petitioner will work with the YMCA to make the proposed connection between the properties safe and accessible.

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(Bicycle Parking) The petitioner will provide a minimum of 6 bicycle parking spaces or determine an appropriate number by the time this project is heard by Council.

No additional detail provided

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(Building Materials) A list of proposed building materials shall be submitted with future building permits. Translucent Polycarbonate roof panels are not a permitted


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(Signage) The development shall be allowed one sign not to exceed 32 square feet in area and 6 feet in height.

No additional detail provided

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(Encroachment on East Part of Short Street) Prior to the issuance of a grading permit,

all items in the Short Street right-of-way shall receive an encroachment agreement from the Board of Public Works.

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(Landscaping) Current UDO landscaping requirements shall be required for this development, including parking lot landscaping and multi-family (RH) interior


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(Landscaping Plan) Prior to the issuance of a grading permit, a landscaping plan shall be approved by the Planning and Transportation Department.

11. (Fencing) All fencing shall be limited to not more than 8 feet tall. All potential fencing locations shall be clearly indicated on the Final Plan.

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(Single Family Occupancy) Occupancy of each lot shall be limited to the Single Family definition of family, including not more than three (3) unrelated adults. This

No additional detail provided

shall be indicated in the Bylaws of the development.

No additional detail provided

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(Dedication of Right-of-Way) Per BMC 20.04.080(g)(2)(B) the petitioner shall dedicate required right-of-way along Short Street and Maxwell Street within 180 days

of approval by the City Council.

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(Staff Level Final Plan Approval If No Significant Changes) If there are no significant changes, Final Plan review shall be conducted at staff level. If any

No additional detail provided

significant changes are proposed, the Final Plan shall be reviewed by Plan Commission.

No additional detail provided

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Plan Commission. The matter was certified to the Council with a positive recommendation on

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May 22, 2018, making the deadline for Council action in mid-August. In instances when the

Plan Commission gives a proposal a favorable recommendation, but the Council fails to act within the ninety-day window, the ordinance takes effect at the end of that period. In reviewing a PUD proposal, the Council s review is guided by both local code and State statute. Both are reviewed below. In reviewing a PUD, Council must have a rational basis for its decision, but otherwise has wide discretion.

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Bloomington Municipal Code (BMC) BMC 20.04.080 directs that, in its review of a PUD, the Council shall consider as many of the

following criteria as may be relevant to a specific PUD proposal.

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The extent to which the PUD meets the requirement of 20.04, Planned Unit Development Districts.

No additional detail provided

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The extent to which the proposed preliminary plan departs from the UDO provisions otherwise applicable to the property (including but not limited to, the density,

dimension, bulk, use, required improvements, and construction and design standards and the reasons why such departures are or are not deemed to be in the public interest.)

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The extent to which the PUD meets the purpose of the UDO, the GPP (now Comprehensive Plan), and other adopted planning policy documents.

The physical design of the PUD and the extent to which it makes adequate provision for public services; provides adequate control over vehicular traffic; provides for and protects designated common open space; and furthers the amenities of light and air, recreation and visual enjoyment. Relationship and compatibility of the PUD to adjacent properties and neighborhood, and whether the PUD would substantially interfere with the use or diminish the value of

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adjacent properties and neighborhoods.

The desirability of the proposed preliminary plan to the city's physical development, tax base and economic well-being. The proposal will not cause undue traffic congestion, and can be adequately served by existing or programmed public facilities and services. The proposal preserves significant ecological, natural, historical and architectural resources. The proposal will not be injurious to the public health, safety, and general welfare. The proposal is an effective and unified treatment of the development possibilities on the PUD site.

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Local code also provides that permitted uses in a PUD are subject to the discretion and

No additional detail provided

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approval of the Plan Commission and the Council. Permitted uses are determined in

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consideration of the GPP (now Comprehensive Plan), existing zoning, land uses contiguous to

the area being rezoned and the development standards outlined in the UDO. BMC 20.04.020. Indiana Code
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Indiana Code 36-7-4-603 directs that the legislative body shall pay reasonable regard to the following:

the comprehensive plan (the Growth Policies Plan); current conditions and the character of current structures and uses in each district; the most desirable use for which the land in each district is adapted; the conservation of property values throughout the jurisdiction; and

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responsible development and growth. (I.C. 36-7-4-603)

Note that these are factors that a legislative body must consider when making a zone map

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change decisions. Nothing in statute requires that the Council find absolute conformity with

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