October 31, 2009

What has the city council been up to?

October 7: Regular Session

Legislation for Second Reading and Resolutions

Resolution 09-08: To approve the City of Bloomington utility identity theft protection program. New federal regulations require creditors, including utility companies, to enact “Red Flag” rules to spot instances of possible identity theft. The City of Bloomington Utilities Service Board has adopted a set of procedures to comply with the federal regulations. Passed 8-0. (Rollo absent)

Appropriation Ordinance 09-08: To appropriate $13,861 from the Electronic Map Generation Fund to hire a consultant for the City’s Geographic Information System. This fund gets its income through fees for maps generated by the city. The balance in the fund is $17,967. The City’s GIS system has been in place for almost 20 years, and Rick Dietz, director of Information Technology Services, said it’s time to evaluate how well it is working and what upgrades may be needed. Passed 8-0.

Appropriation Ordinance 09-09: To appropriate income ($16,498) into the General Fund from a PetSmart Charities Grant to be used by the Animal Shelter for refurbishing kennel floors. Passed 8-0.

Ordinance 09-17: To vacate four public parcels: A portion of N. Madison St.,West 12th St. and two alleys located between N. Rogers St., the Indiana Railroad, 350 West 11th Street and West 11th Street. (Petitioner: Upland Brewery and Middle Court real estate). Upland Brewery wants to expand but is constrained by Right of Way that the city owns but does not use as public streets or alleys. Therefore Upland is requesting that the city “vacate” the Right of Way.

Some council members were concerned that the property owner to the west, the Baugh Law Office, was not notified of the ROW vacation request until Sept. 23. City Staff said they would put a new procedure in place whereby surrounding property owners are notified earlier in the process. Mr. Baugh had concerns about use of the alley behind is property and utility lines, but those concerns were addressed to his satisfaction after discussion with Upland and city staff.

Some council members wanted city staff to look into whether it would be legally and logistically possible to, in future case, require payment to the city for the property vacated when ROW is given up. City attorney Vickie Renfrow said that there is no precedent for this in the state of Indiana, but that it also does not seem to be disallowed by statute. The Council voted 8-0 to support vacating the public ROW.

Legislation for First Reading

Ordinances 09-18 and 09-19 (see below).

October 14: Committee of the Whole

Ordinance 09-18: To define what the city means by “responsible bidder” for construction projects over $150,000. State law requires that all public entities accept the lowest responsible, responsive bid on construction projects, but “responsible” is not defined. This ordinance defines responsible as meeting a list of criteria including

• Compliance with the Equal Opportunity Employment act

• Compliance with the city’s Affirmative Action plan, including sexual orientation and gender identity

• Proof of insurance for general liability, workers’ compensation, hazardous occupation, etc.

• Compliance with the Indiana Common Construction Wage Act

• Disclosure of the name and address of each subcontractor and the amount of their bid

• Adherene to proper employee classification (employee or independent contractor) and certified payroll

Also, the contractor’s past success or failure on other projects may be taken into account when awarding bids.

This ordinance, co-sponsored by Andy Ruff and myself, was drafted by the city’s legal department with assistance from Andy and from IBEW labor representative Tom Szymanski. Council member Sturbaum asked if there was any way we could favor local contractors over out-of-town companies, but the legal staff said this could not be done.

Ordinance 09-19: To amend Title 7 of the Bloomington Municipal Code entitled “Animals”in response to a periodic review of the Animal Care and Control Commission and in response to state law HEA 1468 which regulates “Puppy Mills.” This legislation would enact the following changes:

• Set an upper limit of 19 dogs and cats over the age of 12 months

• Require a permit for intact (not spayed or neutered) animals. If a person owns more than 4 dogs and/or more than 6 cats, and any of the animals in intact, they would have to purchase an intact animal permit.

• Require a permit for litters of baby animals born to a person’s adult animal. This permit requirement is waived if the parent animals are altered within 14 weeks of the birth or if the parent and litter are relinquished to the animal shelter.

• Require animals to have flooring in their cages that is solid (not grated) and require them to be allowed out for exercise at least once a day.

• Require pet shop and litter permit holders to give anyone who buys a pet from them information as to the health and origin of the animal.

The overall goals of the legislation are to reduce the population of unwanted animals and to make sure animals are treated humanely.

October 21: Regular Session

Legislation for Second Reading

Ordinance 09-18 was adopted 7-0 (Rollo and Wisler absent). An amendment was also adopted to specify when the contractor must notify the city of the subcontractors he hires.

Ordinance 09-19 was adopted 7-0. An amendment was also adopted for this ordinance, at the request of pet shop owner Tony Toboas, who wanted to clarify some of the language. He also wanted to take out some of the actual requirements in the ordinance, but no one on the city council wanted to sponsor those changes.

Legislation for First Reading               Ordinances 09-20 and 09-21 (see below)

October 28: Special Session and Committee of the Whole

Resolution 09-17: To authorize the purchase of a house at 3301 W. Tapp Rd. for an affordable housing project. Lisa Abbott presented this opportunity for HAND to purchase the house and either rent it to low-income family or use it as a homeless shelter. The owner of the house is eager to sell because it is potentially in the path of I-69.

Appropriation Ordinance 09-10: To appropriate money from the city’s general fund for the purpose of buying a house of Tapp Road for an affordable housing project.

Resolution 09-16: To expand the Adams Crossing Tax Increment Financing District. The city’s Redevelopment Commission and Plan Commission have approved expanding this TIF, which currently encompasses the Landmark area and old Rogers Building Supply site on the city’s west side to include the hospital and surrounding medical office area.

Ordinance 09-21: To establish a historic district at the Elks Lodge #446 at 400 N. Walnut St. Nancy Hiestand from HAND described the process by which the Historic Preservation Commission decided to recommend historic designation for the Elks Lodge. Such designation would prevent the lodge from being demolished or refurbished in an historically inaccurate way. Melissa Starry spoke for the Elks, who don’t want the designation because it does not benefit them financially and just adds one more hurdle if they want to make changes to the building.

Ordinance 09-20: To expand the membership of the Commission on Sustainability to include a representative from IU and one from county government.