Bloomington’s city council set for potential override vote on mayoral veto of LEAP pipeline resolution

Appearing on the Bloomington city council’s meeting agenda for next Wednesday (April 17) is a resolution opposing the construction of a pipeline in north central Indiana for the diversion of water from the Wabash River.

The pipeline is part of the LEAP (Limitless Exploration/Advanced Pace) District, which is a project of the Indiana Economic Development Corporation (IEDC).

The resolution was already approved by the city council at its March 27 meeting, with support from five councilmembers.

But in order to be considered an adopted resolution of the city council, it will need to pick up a sixth vote of support on Wednesday. That would give it the required two-thirds majority needed to override a mayoral veto.

Bloomington mayor Kerry Thomson did not sign the resolution within a 10-day window after it was presented to her by city clerk Nicole Bolden, on April 1, which effectively vetoed it. That’s even though Thomson did not return the resolution to the council, with a message announcing her veto with a reason for it.

Indiana state law does not give an option to mayors other than to sign legislation, or affirmatively veto it. But state law does make clear what the status of the legislation is, if the mayor fails to perform their duty, either to sign the resolution or veto it: The legislation is considered vetoed. Continue reading “Bloomington’s city council set for potential override vote on mayoral veto of LEAP pipeline resolution”

Mayoral veto looks likely for Bloomington city council advocacy resolutions, including any on Gaza, as anti-pipeline measure passes with 4 abstentions

On Wednesday night, Bloomington’s city council just barely passed a resolution opposing the construction of a pipeline in north central Indiana for the diversion of water from the Wabash River.

The resolution, which had been put forward by Andy Ruff, got support from just five councilmembers, which is a majority on the nine-member body. Voting for it were: Ruff, Dave Rollo, Isabel Piedmont- Smith, Hopi Stosberg and Courtney Daily.

Abstaining on the vote were: Matt Flaherty, Sydney Zulich, Isak Asare, and Kate Rosenbarger.

The resolution passed with some amendments, including one that added a request that the General Assembly establish a comprehensive water management plan.

The council had discussed the resolution opposing the LEAP pipeline at its March 6 meeting, but postponed it until this week.

Before the council voted, Bloomington mayor Kerry Thomson gave a clear indication she would not be signing the resolution, or any similar resolutions in the future.

Addressing the council, Thomson put it like this: “While it is your prerogative to pass resolutions that express viewpoints on matters that we do not oversee, as a matter of principle, I will not be signing any resolutions that do not directly impact the business of our city.”

Continue reading “Mayoral veto looks likely for Bloomington city council advocacy resolutions, including any on Gaza, as anti-pipeline measure passes with 4 abstentions”

March 15: Oral arguments on Bloomington’s constitutional challenge to 2019 annexation law

Next Friday (March 15) at 8:30 a.m., oral arguments will be heard on Bloomington’s constitutional challenge to a state law about annexation waivers.

It’s part of a long court process to determine how big Bloomington will be in the next few years.

The hearing will take place in Monroe County circuit court at 7th Street and College Avenue.

The state law in question was enacted in 2019. It caused annexation remonstrance waivers to expire, if they were more than 15 years old.

A remonstrance waiver is a document that some landowners signed, agreeing to give up the right to remonstrate against annexation into the city, in exchange for connection to the city sewer system.

At least on the surface, Friday’s hearing on the constitutional question involves just five of the seven areas (Area 1C, Area 2, Area 3, Area 4, and Area 5) for which Bloomington’s city council passed annexation ordinances in 2021.

But a legal thicket involving the other two areas (Area 1A and Area 1B) could have an impact on the way the constitutional case is decided.

Continue reading “March 15: Oral arguments on Bloomington’s constitutional challenge to 2019 annexation law”

Column: How will Bloomington’s 2024 city council build its meeting agendas?

It is sometimes useful to contrast Indiana’s General Assembly with a local city council, even though there are obvious differences.

This image was created by Bing AI. It does not do a great job at spelling. Or counting. There are supposed to be nine councilmembers in this image.

What they have in common is the fact that they are the legislative branch for their respective levels of government.

At Saturday’s 2023 Indiana NOW State Conference, state senator Shelli Yoder talked about the fact that during the 2024 legislative session, each senator will be allowed to put forward just five bills.

The limit on the number of bills is determined by the majority party, which is now the Republican Party.

Yoder is a Democrat. She said that when she first started serving in the senate the limit was 15, but has been ratched downward.

What’s the lay of the local legislative land? The group of nine councilmembers who will be sworn in on Jan. 1, 2024 are all Democrats. It has been an all-Democrat council  since 2012.

How many pieces of legislation is a Bloomington city councilmember allowed to put forward in a given year? Continue reading “Column: How will Bloomington’s 2024 city council build its meeting agendas?”

Bloomington design element requirements for residential buildings could be abolished by state legislature

A state house bill that could have a potential impact on Bloomington’s zoning code is making its way through the state house.

The mage is from an elevation from The Standard at Bloomington, a 1,000-bed student-oriented housing development that got site plan approval from the city plan commission in early February, 2021.  EIFS (Exterior Insulation Finishing System) is not allowed for residential use in some Bloomington zoning districts, but is allowed in others. Bloomington’s regulation of EIFS would be affected by HB 1114.

In early February, on an 8–5 vote, HB 1114 was passed out of the committee on government and regulatory reform.

The key sentence of HB 1114 states: “A municipality shall not regulate design elements of residential structures.”

Applying the bill’s definition of “design elements” would have an impact on the kind of design elements that appear in Bloomington’s unified development ordinance (UDO)

It would mean Bloomington could not enforce some aspects of its basic local law on land use.

If it is passed, HB 1114 could affect the upcoming debate by Bloomington’s plan commission, followed by the city council, on revisions to the citywide zoning map and amendments to its text ordinance.

HB 1114 would still need to achieve a majority in a floor vote in the house, and approval by the state senate, to become state law.

State representative Matt Pierce (D), responded to a question about the bill at a legislative update on Saturday, hosted by the League of Women Voters Bloomington-Monroe and the Greater Bloomington Chamber of Commerce.

Pierce said it might have hit a “snag” because it may have encountered some opposition in the Republican caucus.

Speaking at the same legislative update on Saturday state representative Jeff Ellington (R) indicated the bill is not dead, “First to the middle of the week, there’ll probably be, I heard, maybe some amendments to make it a little less aggressive.”

Many of those who oppose the bill, like Pierce, see it as an encroachment on local government control. Those who support it, like Ellington, say it will allow more affordable housing to be built.

How could HB 1114 affect Bloomington’s upcoming local rezoning debate? Continue reading “Bloomington design element requirements for residential buildings could be abolished by state legislature”

Area state legislators update local residents on state budget, local income taxes, closure of capitol

At a forum hosted Saturday morning by the League of Women Voters Bloomington-Monroe and the Greater Bloomington Chamber of Commerce, three state legislators gave an update after two weeks of this year’s session.

Screen shot of the Jan. 16, 2021 forum co-sponsored by the League of Women Voters and the Greater Bloomington Chamber of Commerce. Clockwise from upper right: Ann Birch (president of the LWV of Bloomington-Monroe, Matt Pierce (representing District 61 in the state house), Peggy Mayfield (representing District 60 in the state house), and Shelli Yoder (representing District 40 in the state senate.) (Image links to CATS recording of the forum)

Any partisan jostling that unfolded between the two Democrats and one Republican who attended was relatively mild.

In their opening remarks, and in their responses to the questions from the public, they covered a range of topics, including the budget, teacher pay, local income tax, and next week’s capitol closure, among others.

Matt Pierce, a Democrat representing District 61 in the state House, used his opening remarks to talk about the budget. Indiana’s legislature adopts a budget every two years, and that cycle makes 2021 a budget year.

Pierce said, “It’s interesting that the governor and his proposal seems to be focusing mostly on buildings and infrastructure.” Pierce said the Democrats would be taking a different approach from that of Republican governor Eric Holcomb.

Pierce said, “We think that particularly at a time when so many people are struggling, we should be maybe focusing the resources we have more on people—people infrastructure, human capital, and particularly those who are struggling at the bottom.”

Pierce added, “It seems like we do a very good job of stockpiling the surplus, but even when it’s raining, and you might want to use a rainy day fund, seems like we still kind of hang on to that money.”

Following Pierce was Peggy Mayfield, a Republican representing District 60 in the state house. Mayfield took up the topic of the surplus by saying, “Because Indiana has been so disciplined over the last decade…, we have money now to continue to invest in Indiana, instead of figuring out how we’re going to pay our bills coming out of this pandemic.” Continue reading “Area state legislators update local residents on state budget, local income taxes, closure of capitol”

Questions from Supreme Court justices point to heart of annexation law case involving Bloomington: Was the governor the right person to sue?

In 2017, Bloomington filed suit against Indiana’s governor, Eric Holcomb, over a law enacted by the state legislature as a part of the biennial budget bill.

As Bloomington’s city attorney, Mike Rouker, described the legislation on Thursday morning, during oral arguments in front of Indiana’s Supreme Court, the law “prohibited Bloomington and only Bloomington from taking any further action toward its ongoing municipal annexation…” Continue reading “Questions from Supreme Court justices point to heart of annexation law case involving Bloomington: Was the governor the right person to sue?”