Common Council Regular Session

In the Council Chambers of the Showers City Hall, Bloomington, Indiana on COMMON COUNCIL Wednesday, December 06, 2023 at 6:30pm, Council President Sue REGULAR SESSION Sgambelluri presided over a Regular Session of the Common Council. December 06, 2023 Councilmembers present: Matt Flaherty, Isabel Piedmont-Smith, Dave Rollo, ROLL CALL [6:30pm] Susan Sandberg, Sue Sgambelluri, Ron Smith, Stephen Volan Councilmembers present via Zoom: Kate Rosenbarger Councilmembers absent: Jim Sims Council Vice President Isabel Piedmont-Smith gave a land acknowledgment AGENDA SUMMATION and Council President Sue Sgambelluri summarized the agenda. [6:31pm] Rollo moved and Piedmont-Smith seconded to approve the January 11, APPROVAL OF MINUTES 2023, February 1, 2023, and February 15, 2023. The motion received a roll [6:36pm] call vote of Ayes: 8, Nays: 0, Abstain: 0. • January 11, 2023 (Organizational Meeting) • February 01, 2023 (Regular Session) • February 15, 2023 (Regular Session) Piedmont-Smith noted her last constituent meeting of the year for District REPORTS [6:38pm] V. With redistricting that year, her new district would be District I. • COUNCIL MEMBERS Volan commented on the original location of Indiana University (IU) and the lack of a water supply, prior to Lake Monroe. He spoke of the proposed Limitless Exploration/Advanced Paced (LEAP) innovation district in Boone County, by the Indiana Economic Development Corporation (IEDC), where there was not enough water. The proposal would pipe water into Boone County from other counties. He commented on the Indiana communities that were against the proposal, including Save the Wabash H20. He would prepare a letter against the proposed pipeline. There were no reports from the mayor and city offices. • The MAYOR AND CITY OFFICES [6:42pm] There were no council committee reports. • COUNCIL COMMITTEES [6:43pm] Mark Combs spoke about the sewage leak into the pond in Gentry Estates. • PUBLIC [6:43pm] There were no appointments to Boards and Commissions. APPOINTMENTS TO BOARDS AND COMMISSIONS [6:47pm] LEGISLATION FOR SECOND READING AND RESOLUTIONS [6:48pm] Rollo moved and Piedmont-Smith seconded that Ordinance 23-29 be Ordinance 23-29 -An introduced and read by title and synopsis only. The motion received a roll Ordinance Authorizing call vote of Ayes: 8, Nays: 0, Abstain: 0. Clerk Nicole Bolden read the the Acquisition, legislation by title and synopsis. Construction and Installation by the City of Rollo moved and Piedmont-Smith seconded that Ordinance 23-29 be Bloomington, Indiana, of adopted. Certain Extensions and Improvements to the City's Sewage Works Utility, the Issuance and _J L- - ~ - p. 2 Meeting Date: 12-06-23 Vic Kelson, Director, City of Bloomington Utilities (CBU), discussed the Sale of Revenue Bonds to legislation, bonds, and projects. In 2016, Indiana Department of Provide Funds for the Environmental Management (IDEM) required the city to increase capacity Payment of the Costs at the Dillman Road treatment plant due to having exceeded rate capacity Thereof, and the for three consecutive years. He gave details on completed projects. He noted Collection, Segregation that the COVID-19 pandemic had impacted the timeline for projects, and and Distribution of the provided additional details on the process. He updated council on other Revenues of Such Sewage projects like the Hidden River project, and the replacement of the Clear Works and Other Related Creek tunnel near the Von Lee to 1st and Washington streets. There was one Matters [6:48pm] portion left to replace. Jared Hall, Krohn & Associates, gave details on the bond process, timeline, rates and rate analyses, debt service, sources and uses of funds, and projects. The total uses of funds was just under $51,500,000. He discussed the bond feasibility study, timetable of the process, Volan asked about the project by 6th Street and Indiana Avenue. Council questions: Kelson explained that flooding occurred because there was only one grate in the alley behind the Von Lee, and the culvert below it was too small. When there was a big rain event, there was too much water in Clear Creek to go under the bridge, near Dunn Meadow. With the update, there would be more inlets and a larger culvert behind the Von Lee. Volan asked when the project would be completed. Kelson said it would be by the end of the summer of 2024. Piedmont-Smith thanked Kelson and asked about the timeline of the new service center. Kelson stated that work had started that week to make the property developable. The Utilities Services Board (USB) had recently approved the architectural and engineering design for the service center, garage, and storage yard. Next steps included a rate case, and approval from the Indiana Utility Regulatory Commission (IURC) which could take up to three hundred days. Completion likely would not be until 2026. Piedmont-Smith asked for clarification on the funding source. Kelson said that 60% would be paid from sewer and 40% from water. Rollo asked about the sewage leak in Gentry Estates, caused by drilling for fiber optic. He asked if there were fines assessed to the company. Kelson clarified that it was unclear when the water started to leak, due to the pipe being underground. CBU had issued two press releases on the matter. Once CBU was made aware of the odor and dead fish in the pond, the Environmental team and the Transmission and Distribution team were sent right away. It was the responsibility of the contractor who caused the damage. CBU's immediately hired a sewage-pumping company to remove two thousand gallon loads to treat at the Dillman plant. The following day, CBU treated the surrounding area to eliminate any E. Coli. The fiber optic company knew they would have to reimburse the city for the cleanup. In summary, CBU responded the day staff was made aware, and the company would be held responsible. There were several strikes to underground pipes in the city due for a variety of reasons. He gave additional information including that IDEM had not issued any fines despite being notified by the city. Samples from the pond the previous week showed that E. Coli levels were lower than in swimming pools. Rollo asked if there were additional, undetected leaks. Kelson said it was possible. He noted that during the 2024 budget process, he had requested a dog for CBU because they could smell sewer gas at much lower concentrations than machines which was valuable to the city. Flaherty asked about the upgrades to the Dillman wastewater treatment plant, like the ongoing consideration of shifting to anaerobic digestion.  Meeting Date: 12-06-23 p. 3 Kelson said filtration improvement was completed a couple years ago. Ordinance 23-29 (cont'd) There were switch gear and electrical improvements needed because they were forty years old. Other improvements included another blower to help Council questions: add capacity, sludge handling, and more. Anaerobic digestion would involve a disk filter that would remove primary sludge and reduce the chemical reaction demand and would help increase capacity. A report was forthcoming on that topic. Rollo asked about bond rates and the buildings at Winston-Thomas. Hall explained the process for reviewing bond rates, which fluctuated. Kelson said all but one of the buildings were not structurally sound. The · usable one was the former superintendent's house which would be preserved and used as a public meeting space for residents to learn about the history of CBU and more. There was no public comment. Public comment: Volan thanked Kelson and CBU for their work. He appreciated the efforts Council comments: with water maintenance in the city. Rollo echoed Volan and stated that Kelson was the best-equipped Director of CBU and had met the many challenges accordingly. Flaherty supported Ordinance 23-29 and appreciated the planning and proactive thought from Kelson and CBU regarding much needed upgrades. Smith thanked Kelson for his thorough explanation to council questions. The motion to adopt Ordinance 23-29 received a roll call vote of Ayes: 8, Vote to adopt Ordinance Nays: 0, Abstain: 0. 23-29 [7:27pm] Rollo moved and Piedmont-Smith seconded that Ordinance 23-30 be Ordinance 23-30 -An introduced and read by title and synopsis only. The motion received a roll Ordinance Concerning call vote of Ayes: 8, Nays: 0, Abstain: 0. Bolden read thelegislation by title the Construction of and synopsis. Additions and Improvements to the Rollo moved and Piedmont-Smith seconded that Ordinance 23-30 be Waterworks of the City of adopted. Bloomington, Indiana; the Issuance of Revenue Kelson presented the legislation which were bonds with expenditures that Bonds to Provide the Cost would be reimbursed by a grant from the Indiana Finance Authority (IFA). Thereof, the Collection, The project was related to the lead and copper inventory project required Segregation, and to be completed by the following fall. There was a new device called a Distribution of the "Swordfish" which was able to identify the material a service line was made Revenues of Said of, and could identify lead. It would help eliminate digging and assist where Waterworks,the digging was not feasible. He provided some additional details. Safeguarding of the Interests of the Owners of Hall explained the grant, which was technically a principal forgiveness loan. Said Revenue Bonds, Other Matters Connected Therewith, Including the Issuance of Nates in Anticipation of Bonds, and Repealing Ordinances Inconsistent Herewith [7:28pm] Rollo asked if the city paid interest. Council questions: Hall said no, and gave details. There was no public comment. Public comment: _J p. 4 Meeting Date: 12-06-23 Piedmont-Smith thanked Kelson for his excellent, innovative work. She was Ordinance 23-30 (cont'd) excited for the anaerobic digestion report. She supported Ordinance 23-30. She looked forward to having a CBU dog. Council comments: Kelson thanked council for their kind words. He appreciated his time with the city. He referenced the complicated responsibility of CBU and spoke highly of the very talented staff there. The motion to adopt Ordinance 23-30 received a roll call vote of Ayes: 8, Vote to adopt Ordinanc Nays: 0, Abstain: 0. 23-30 [7:37pm] LEGISLATION FOR FIRST READING [7:38pm] Rollo moved and Piedmont-Smith seconded that Ordinance 23-31 be Ordinance 23-31- To introduced and read by title and synopsis only. The motion received a roll Amend Title 2 of the call vote of Ayes: 8, Nays: 0, Abstain: 0. Bolden read the legislation by title Bloomington Municipal and synopsis. Code Entitled "Administration And Personnel" - Re: Amending Chapter 2.23 (Community and Family Resources Department) by adding Section 2.23.240 - Closed Captioning in Places of Public Accommodation [7:38pm] Rollo moved and Piedmont-Smith seconded that Appropriation Ordinance Appropriation Ordinarn 23-08 be introduced and read by title and synopsis only. The motion 23-08 - To Specially Appropriate from the received a roll call vote of Ayes: 8, Nays: 0, Abstain: 0. Bolden read the legislation by title and synopsis. General Fund, Economic Development LIT Fund, Sgambelluri referred the Ordinance 23-31 and Appropriation Ordinance 23- Parks and Recreation 08 to the Regular Session to be held on December 13, 2023. General Fund, the Rental Inspection Program Fund, Local Road and Street Fund, Parking Facilities Fund, Cumulative Capital Development Fund, Vehicle Replacement Fund, Solid Waste Fund and Fleet Maintenance Fund Expenditures Not Otherwise Appropriated (Appropriating Various Transfers of Funds within the General Fund, Economic Development LIT Fund, Parks & Recreation General Fun Local Road and Street Fund, Parking Facilities Fund, Cumulative Capital Development Fund, Solid Waste Fund, Fleet Maintenance Fund, and Appropriating Additional Funds from the Rental Inspection Program Fund  Meeting Date: 12-06-23 p. 5 and Vehicle Replacement Fund) [7 :40pm] Christopher Emge, Greater Bloomington Chamber of Commerce, spoke ADDITIONAL PUBLIC about accountability and the Showers West project. He commented on COMMENT [7:41pm] council process and his experience in attending council meetings. Stephen Lucas, Council Attorney, read a comment submitted via Zoom chat by Sam Dove pertaining to the $152 million investment by Enhanced Semiconductor at the mostly vacant property on Curry Pike in west Bloomington. It would be a micro-electronics manufacturing and packaging facility, resulting in about two hundred and fifty, high-paying jobs. Lucas reviewed the upcoming council schedule and the 2024 Annual COUNCIL SCHEDULE Council Legislative Schedule. [7:48pm] Piedmont-Smith noted that she informed incoming councilmembers about Council discussion: the proposed 2024 schedule. She commented on the ability for a third reading for legislation. Volan said that a third reading should be the default. Flaherty discussed the proposed schedule, first, second, and third readings. Rosenbarger appreciated the current schedule that year and spoke about changing the budget hearing process. Volan commented on third reading, deliberation, the budget process, and the proposed schedule. Rollo moved and Piedmont-Smith seconded to approve the 2024 Annual Vote to approve 2024 Council Schedule with the annual budget hearings to start at 5:30pm. The Annual Council Schedule motion received a roll call vote of Ayes: 6, Nays: 0, Abstain: 2 (Smith, Volan). [7:56pm] Sgambelluri adjourned the meeting without objection. ADJOURNMENT [7:57pm] APPROVED by the Common Council of the City of Bloomington, Monroe County, Indiana upon this 11'- day of Apvi / 2024.. APPROVE: ATTEST: J(1~}~ Isabel Piedmont-Smith, PRESIDENT Nicole Bolden, CLERK Bloomington Common Council City of Bloomington L