Tag: parking

Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order

Bloomington’s director of public works, Adam Wason. (Nov. 21, 2023)
Joe Davis talks with deputy police chief Scott Oldham after the BPW meeting. (Nov. 21, 2023)
Bloomington resident Jami Scholl. (Nov. 21, 2023)
Bloomington resident Marc Haggerty. (Nov. 21, 2023)
Joe Davis. (Nov. 21, 2023)
President of Bloomington’s board of public works, Kyla Cox Deckard. (Nov. 21, 2023)
Bloomington board of public works meeting. (Nov. 21, 2023)
From left, Bloomington BPW members: Jane Kupersmith, Elizabeth Karon, and Kyla Cox Deckard. (Nov. 21, 2023)
Joe Davis. (Nov. 21, 2023)
At the mic is assistant city attorney Christopher Wheeler. Joe Davis looks through his materials to prep for his turn at the mic. (Nov. 21, 2023)
Joe Davis encourages the board to allow assistant city attorney Christopher Wheeler to give his presentation. (Nov. 21, 2023)

On Tuesday night, Bloomington’s board of public works denied the appeal by Joe Davis for a citation by the city—for what the city staff considers to be violations of the health and sanitation parts of city code (Title 6) at his South Washington Street property.

In a separate action, the three-member board granted the request from the city’s housing and neighborhood development (HAND) department for a continuous abatement of Davis’s property. That means that the city can come onto the property and put it into a condition that the city believes is compliant with local code.

After Tuesday’s meeting, Davis told The B Square that he intends to challenge the board’s decisions in the Monroe County circuit court.

Davis has experience with that kind of legal challenge. He represented himself in connection with a previous abatement order, which the city started to enforce in the second week of August.  For that order, Davis did not prevail in his court action, but did run out the clock on the city’s abatement order, which expired on Aug. 11.

This week’s action by the board of public works follows last week’s decision by the city’s board of zoning appeals (BZA), to deny Davis’s appeal of a different citation—for backyard parking and storage (Title 20).

Davis told The B Square he will also challenge the BZA’s decision in circuit court.

On Davis’s property various materials and artifacts are visible, which the city concludes are a violation of local code. B Square photographs of the property are included below.
Continue reading “Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order” →

Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations

Joe Davis meets with city officials in his 530 S. Washington backyard on Nov. 2, 2023.
Joe Davis meets with city officials in his 530 S. Washington backyard on Nov. 2, 2023.

Parked in Joe Davis’s backyard at 530 S. Washington Street are three vehicles and a trailer that have various materials stacked on them. Stacked outside in other places in the backyard, and on Davis’s front porch, are more materials.

The city of Bloomington contends that the conditions at 530 South Washington violate two parts of city zoning code—one about parking on unimproved surfaces and another about outside storage.

The city sent Davis warnings in August of 2021 and October of 2022, which had compliance deadlines that the city considers unmet. So in mid-August of this year, the city’s planning and transportation department issued a notice of violation with fines totaling $7,650.

Davis appealed the notice of violation.  But on Thursday night, Bloomington’s board of zoning appeals (BZA) upheld the notice.

Within the city’s process, that ends the options for Davis to appeal. But in the Monroe County circuit court, he could appeal the notice and the amount of the fine.

Related to the same conditions on his property, Davis is scheduled to appear next Tuesday in front of the board of public works, to appeal a notice of violation for a different part of city code, which deals with health and sanitation. The city’s housing and neighborhood development (HAND) department is also asking the board to approve a continuous abatement order. Continue reading “Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations” →

Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week

Pieces of an antenna in Joe Davis’s backyard. (Aug. 9, 2023)
A cat rests aloof from the comotion on top of the van in Davis’s backyard. (Aug. 9, 2023)
Joe Davis disputes with contractors whether the board is rotted. (Aug. 9, 2023)
Joe Davis scrambles from the front porch to his backyard trying to prevent the removal of his possessions. (Aug. 9, 2023)
Joe Davis, board of public works meeting (Oct. 10, 2023)
From left, BPW members: Jane Kupersmith, Elizabeth Karon, Kyla Cox Deckard. Joe Davis, board of public works meeting (Oct. 10, 2023)
Joe Davis, BPW meeting (Oct. 10, 2023)

At least as far back as 2021, South Washington Street property owner and resident Joe Davis has been cited by the city of Bloomington for violations of city code.

There are two basic kinds of violation for which the city has cited Davis. One kind are  citations under Title 6, for “garbage” that the city contends Davis has placed on his property. The other kind are citations under Title 20, for violations of the zoning code, which involves outdoor storage and backyard parking.

It’s the citations for Title 20 zoning code violations that Davis will be appealing on Thursday at 5:30 p.m. in front of Bloomington’s board of zoning appeals (BZA).

Davis’s appeal of the Title 6 citations was postponed last week by Bloomington’s board of public works. The Title 6 appeal will be back on the board of public works agenda for Oct. 24.

Continue reading “Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week” →

Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale

Former deputy mayor Don Griffin (Oct. 10, 2023)
Rendering of gateway monolith, birdseye view from the southeast.
Joe Davis (Oct. 10, 2023)
Bloomington BPW from left: Jane Kupersmith, Elizabeth Karon, and Kyla Deckard (Oct. 10, 2023)

After two and a half hours on Tuesday night, Bloomington’s board of public works adjourned its meeting without acting on three controversial agenda items.

The items involved: the Miller-Showers gateway project; a professional services agreement with Griffin Realty in connection with the sale of the 3rd Street police station; and the city’s enforcement of city code against “garbage,” which it says Joe Davis is keeping on his South Washington Street property. Continue reading “Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale” →

Skirmish over “garbage” between homeowner, city of Bloomington set for next week

Pieces of an antenna in Joe Davis’s backyard. (Aug. 9, 2023)
A cat rests aloof from the comotion on top of the van in Davis’s backyard. (Aug. 9, 2023)
Joe Davis disputes with contractors whether the board is rotted. (Aug. 9, 2023)

For more than a year, and probably much longer, the city of Bloomington has been trying to convince Joe Davis to take a more conventional approach to his South Washington Street house and yard.

But Davis describes himself as an “unconventional guy.” Parked in the backyard with building materials stacked on them are a truck, and a van with a trailer. The county’s online property lookup system has aerial imagery showing the two vehicles sitting in the backyard at least as far back as 2014.

Davis has old bathtubs arranged around the place as catchment basins, and a compost pile.

Davis describes the place as an active building site, where he’s been working to renovate the house. He bought the place in 2009 for $65,000. He has described how the house was damaged by fire before he bought it and had sat abandoned for two years.

During that period all the pipes burst because there was no heat, the wiring was stolen and homeless people were living, Davis has said.

Where Davis sees an “organic building site,” the city sees a raft of code violations.

So next Tuesday’s meeting of Bloomington’s board of public works marks the start of another chapter in the saga of attempts to enforce city code against Davis’s property. [Updated Tues., Sept. 26, 2023: Davis was notified by public works staff shortly after 8 a.m. on the day of the scheduled hearings about his property that the proceedings would be put off—until the next meeting of the board of public works, which falls on Oct. 9, 2023. The reason given was a staff illness. This is the second time the hearings have been delayed by the city.] Continue reading “Skirmish over “garbage” between homeowner, city of Bloomington set for next week” →

Bloomington concedes: Simple tickets can’t be given to scooter companies for bad parking by their users

A part-time temp worker documents an improperly parked scooter at 6th & Walnut streets Oct. 11, 2022
North Walnut Street Feb. 21, 2023 (This scooter was reported to the city and moved out of the ADA ramp by The B Square.
North Walnut Street Feb. 23, 2023. These scooters were reported to the city and moved out of the sidewalk by The B Square.

In late 2021, The B Square reported that no citations had been issued to scooter companies for violating the parking regulations laid out in a local ordinance, which was approved by the city council in July 2019.

When no ordinary parking tickets were issued to scooter companies, that came as a surprise to some residents—given the number of scooters they routinely encountered blocking ADA ramps and sidewalks in the downtown area, or in their residential neighborhoods.

The lack of any citations was especially unexpected, in light of the assurance given by city attorney Mike Rouker on July 31, 2019— the night the city council enacted the scooter ordinance. Rouker said that if scooter parking became a problem, parking fines would be imposed on scooter companies whenever the city saw a parking problem.

In August 2022, The B Square raised a question to Bloomington’s corporation counsel, Beth Cate, about the enforceability of the city’s ordinance that regulates shared electric scooter parking. That email went unanswered.

But last week, six months later, Bloomington’s director of economic and sustainable development, Alex Crowley, wrote in response to an emailed question from The B Square: “[T]he language in the ordinance needs to be tightened up, to give us the flexibility to impose fines on [scooter company] without having to impound.” Continue reading “Bloomington concedes: Simple tickets can’t be given to scooter companies for bad parking by their users” →

Column: Looking ahead to local government news in 2023 like a goose landing on a half frozen pond

A week ago, up at Miller-Showers Park, a flock of Canada geese banked overhead and came in for a landing on the southernmost stormwater detention pond.

The surface was half frozen, because a couple days before the temperature had dropped to –8 F.

As elegant as geese appear in flight formation, on landing they do not make a picture of grace. They sort of wobble along the final approach, webbed feet akimbo, before mostly crashing into the water.

But they were, of course, unscathed. They started cruising around, dabbling for whatever aquatic plants were under the surface.

That’s somewhat like how local government works: It’s elegant and smooth in theory, but when it lands on some particular topic near you, it might look a little clumsy. You might get splashed.

Where will Bloomington’s area local government land in 2023? Here’s a roundup of spots that is surely not exhaustive. Continue reading “Column: Looking ahead to local government news in 2023 like a goose landing on a half frozen pond” →

Column: Should city lawmakers regulate employee parking rates or focus on legislating land use?

City hall parking lot off Morton Street. The aerial image is from Monroe County’s online property lookup system.
City-owned lot at 4th and Dunn. The aerial image is from Monroe County’s online property lookup system.
City-owned lot at 4th and Washington. The aerial image is from Monroe County’s online property lookup system.

Because it operates under Indiana state law, the city of Bloomington’s local government is divided along familiar lines—between legislative and executive branches.

But when it comes to policy on parking prices for city hall employees, that division is not easy to discern.

The distinction is hard to see, because on the question of regulating employee parking permit pricing for the city hall lot, city councilmembers have veered into the executive lane.

For a couple of years, Bloomington’s mayor, John Hamilton, didn’t yield to the council. But last fall, as a part of the 2022 budget negotiations, Hamilton agreed to set up a pilot “parking cash-out” program for city hall employees.

The idea behind the “parking cash-out” program is to reward city employees who work in city hall but who don’t park in the lot. If they’re not parking in the lot, then they’re arriving at work in some way that is consistent with the city’s climate change and sustainability goals.

Under this year’s pilot program, an employee pays $200, instead of the old $2 nominal fee—but gets reimbursed by the city for the $200 cost. Employees who choose not to purchase a permit can instead request a taxable $200 “stipend.”

It’s not surprising that Hamilton’s administration has not been eager to try “parking cash-out” for its employees. That’s because the city of Bloomington’s circumstances—as the owner of the parking spaces in question—are different from those that apply in classic “parking cash-out” programs.

Further, by distracting themselves with city personnel issues that are beyond their knowledge and responsibility, city councilmembers have avoided addressing policies over which they have actual legislative control. Continue reading “Column: Should city lawmakers regulate employee parking rates or focus on legislating land use?” →

Catalent tax abatement OK’d in first of two Bloomington city council votes: 9–0

Bloomington’s city council voted 9–0 on Wednesday night to approve a tax abatement for Catalent in exchange for a capital investment of $350 million and 1,000 new jobs.

Final approval will require a confirmatory vote on March 2, after a public hearing.

The additional jobs would grow the pharmaceutical company’s local workforce by about one-third.

Catalent is looking to spend about $10 million on development of real property, possibly by buying more land. The other $340 million would be invested in personal property, which includes all the non-permanent fixtures inside a building, like manufacturing equipment.

The investment by the pharmaceutical company would be contingent on a tax abatement on the additional value for both real and personal property. Real property would be abated at a rate of 50 percent a year for 10 years, making a total of $826,760 in additional paid property taxes and $826,760 in abatement.

The bigger break comes for the personal property, which is 90 percent for 20 years, and totals an estimated $43,450,785 in abated taxes, which is calculated to have a net present value of about $28.4 million.

Because tax increment finance (TIF) capture is calculated on real property but not personal property, the impact of the abatement on TIF revenue would not be significant.

In the state of Indiana, the tax abatements don’t have an impact on the tax levy, that is, the amount of taxes collected by local governments. But an abatement does have an impact on how the tax burden is distributed across different taxpayers.

Councilmember Ron Smith was sanguine about the tax abatement. “I just think this is a fantastic opportunity,” Smith said.

Some councilmembers said they were voting yes Wednesday night, but seemed to leave open the possibility of voting no two weeks from now. Their concerns included: some skepticism about the “but for” criterion for tax abatements; the ability of Bloomington’s market to absorb the demand for additional housing; and the diminished income tax benefit of the new jobs due to out-of-county location of workers. Continue reading “Catalent tax abatement OK’d in first of two Bloomington city council votes: 9–0” →

Public works notebook: Scooter contracts, underpass mural repair, sidewalk fines

Veoride scooter parked on Nov. 30, 2021.
Lime scooter parked on Dec. 11, 2021.
This Tyranno-cyclist Rex on the 7th Street underpass is an endangered species after approval of a contract to refurbish the 7th Street underpass mural.
7th Street underpass.
Looking east across the site of the Curry Urban Properties construction site on Pete Ellis Drive.

Bloomington’s short-handed board of public works still worked its way through a Tuesday agenda that included: renewal of the $10,000 annual licenses for two scooter companies; an agreement with an artist to refurbish the 7th Street underpass mural; two public improvement bond estimates; and a noise permit for a Rally for Life event.

The three-member board has one open seat, due to the resignation of Dana Henke, which was effective at the end of the year. For Tuesday’s meeting, that still left a quorum in the form of Kyla Cox Deckard and Beth Hollingsworth. Acting as president for Tuesday’s meeting was the board’s secretary, Kyla Cox Deckard.

Public works director Adam Wason indicated at Tuesday’s meeting that it is hoped a replacement for Henke would be named in time for the board’s next meeting on Jan. 19. Continue reading “Public works notebook: Scooter contracts, underpass mural repair, sidewalk fines” →