+ All Categories
Home > Documents > MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana...

MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana...

Date post: 25-Dec-2019
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
27
5 MINUTES OF THE CITY-COUNTY COUNCIL AND SPECIAL SERVICE DISTRICT COUNCILS OF INDIANAPOLIS, MARION COUNTY, INDIANA MONDAY, SEPTEMBER 9, 2019 The City-County Council of Indianapolis, Marion County, Indiana and the Indianapolis Police Special Service District Council, Indianapolis Fire Special Service District Council and Indianapolis Solid Waste Collection Special Service District Council convened in regular concurrent sessions in the Council Chamber of the City-County Building at 7:00 p.m. on Monday, September 9, 2019, with Councillor Osili presiding. Councillor Simpson recognized Pastor Kevin Roger, Capitol Avenue Seventh Day Adventist Church, who led the opening prayer. Councillor Simpson then invited all present to join him in the Pledge of Allegiance to the Flag. ROLL CALL The President instructed the Clerk to take the roll call and requested members to register their presence on the voting machine. The roll call was as follows: 25 PRESENT: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday, Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Scales, Shreve, Simpson, Wesseler 0 ABSENT: A quorum of twenty-five members being present, the President called the meeting to order. INTRODUCTION OF GUESTS AND VISITORS Councillor McQuillen recognized high school students from around the City who are members of the 2019 Mayor’s Youth Leadership Council. Councillor Adamson recognized community members in attendance to support the new animal care center. Councillor Coulter recognized parents Charles and Melinda Coulter. Councillor Robinson recognized Indianapolis Fire Department (IFD) Chief, Earnest Malone. Councillor Mowery recognized Perry Township resident, Mike Delk. Councillor Coats recognized constituent and friend Adam Cox. Councillor McQuillen recognized community leader Doug Brown of Bose Public Affairs. Councillor Jackson recognized Scott Williams and Hank Harris, IFD leadership, and other first responders in attendance. Councillor Lewis recognized community advocate James Wilson.
Transcript
Page 1: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

5

MINUTES OF THE CITY-COUNTY COUNCIL AND

SPECIAL SERVICE DISTRICT COUNCILS OF

INDIANAPOLIS, MARION COUNTY, INDIANA

MONDAY, SEPTEMBER 9, 2019

The City-County Council of Indianapolis, Marion County, Indiana and the Indianapolis Police

Special Service District Council, Indianapolis Fire Special Service District Council and

Indianapolis Solid Waste Collection Special Service District Council convened in regular

concurrent sessions in the Council Chamber of the City-County Building at 7:00 p.m. on Monday,

September 9, 2019, with Councillor Osili presiding.

Councillor Simpson recognized Pastor Kevin Roger, Capitol Avenue Seventh Day Adventist

Church, who led the opening prayer. Councillor Simpson then invited all present to join him in the

Pledge of Allegiance to the Flag.

ROLL CALL

The President instructed the Clerk to take the roll call and requested members to register their

presence on the voting machine. The roll call was as follows:

25 PRESENT: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris,

Holliday, Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 ABSENT:

A quorum of twenty-five members being present, the President called the meeting to order.

INTRODUCTION OF GUESTS AND VISITORS

Councillor McQuillen recognized high school students from around the City who are members of

the 2019 Mayor’s Youth Leadership Council. Councillor Adamson recognized community

members in attendance to support the new animal care center. Councillor Coulter recognized

parents Charles and Melinda Coulter. Councillor Robinson recognized Indianapolis Fire

Department (IFD) Chief, Earnest Malone. Councillor Mowery recognized Perry Township

resident, Mike Delk. Councillor Coats recognized constituent and friend Adam Cox. Councillor

McQuillen recognized community leader Doug Brown of Bose Public Affairs. Councillor Jackson

recognized Scott Williams and Hank Harris, IFD leadership, and other first responders in

attendance. Councillor Lewis recognized community advocate James Wilson.

Page 2: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

6

OFFICIAL COMMUNICATIONS

The President called for the reading of Official Communications. The Clerk read the following:

TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA Ladies And Gentlemen : You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid Waste Collection Special Service District Councils will be held in the City-County Building, in the Council Chambers, on Monday, September 9, 2019, at 7:00 p.m., the purpose of such MEETINGS being to conduct any and all business that may properly come before regular meetings of the Councils.

Respectfully, s/Vop Osili President, City-County Council

August 13, 2019 TO PRESIDENT OSILI AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: Pursuant to the laws of the State of Indiana, I caused to be published in the Court & Commercial Record and in the Indianapolis Star on Friday, August 16, 2019 a copy of a Notice of Public Hearing on Proposal No. 275, 2019, said hearing to be held on Monday, August 26, 2019, 2019 at 5:30 p.m. in Room 260 of the City-County Building and a copy of a Notice of Public Hearing on Proposal Nos. 314 and 315, 2019, said hearing to be held on Monday, September 9, 2019 at 7:00 p.m. in the Public Assembly Room of the City-County Building. Respectfully, s/SaRita Hughes Clerk of the City-County Council August 21, 2019 TO PRESIDENT OSILI AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: I have approved with my signature and delivered this day to the Clerk of the City-County Council, SaRita Hughes, the following ordinances: FISCAL ORDINANCE NO. 16, 2019 – approves a transfer of $788,366 in the 2019 Budget of the Information Services Agency (Information Services Fund) to cover an unanticipated increase in the infrastructure managed services contract, which is critical to the management of City and County information technology needs GENERAL ORDINANCE NO. 49, 2019 – amends the Marion County Auditor's endorsement fee to comply with Indiana Code GENERAL ORDINANCE NO. 50, 2019 - amends the Code with respect to the Consolidated Zoning and Subdivision Ordinance (IndyRezone) to replace the method of record keeping and maintenance in order to allow for easier identification for constituents and modification by the City and the technical correction of five individual subdivisions SPECIAL RESOLUTION NO. 28, 2019 - honors Gary Johnson for 40 years of dedicated service in ministry SPECIAL RESOLUTION NO. 29, 2019 - recognizes Brayden Gogis for his many accomplishments in the area of app development at the young age of 15 SPECIAL RESOLUTION NO. 30, 2019 - recognizes the life of Lieutenant Aaron Allan s/Joseph H. Hogsett, Mayor

Page 3: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

7

ADOPTION OF THE AGENDA

The President proposed the adoption of the agenda as distributed. Without objection, the agenda

was adopted.

APPROVAL OF THE JOURNAL

The President called for additions or corrections to the Journals of August 12, 2019. There being

no additions or corrections, the minutes were approved as distributed.

PRESENTATION OF PETITIONS, MEMORIALS, SPECIAL RESOLUTIONS, AND

COUNCIL RESOLUTIONS

PROPOSAL NO. 348, 2019. The proposal, sponsored by Councillors Harris, Osili and Adamson,

recognizes Indianapolis as an International City of Peace. Councillors Harris and Adamson read

the proposal and presented representatives with copies of the document and Council pins. Scott

Brewer, organizer, thanked the Council for the recognition and recognized sponsors of this effort,

including James Wilson, Circle of Indy, who is in attendance. Councillor Harris moved, seconded

by Councillor Adamson, for adoption. Proposal No. 348, 2019 was adopted by a unanimous voice

vote.

Proposal No. 348, 2019 was retitled SPECIAL RESOLUTION NO. 31, 2019, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 31, 2019

A SPECIAL RESOLUTION recognizing Indianapolis as an International City of Peace.

WHEREAS, the City of Indianapolis supports providing a safe and nurturing environment that embraces diversity

and fosters peace by encouraging and inspiring understanding, goodwill, and compassionate actions, and

WHEREAS, the City of Indianapolis is an International City, a globally-recognized inclusive city with seven global

sister cities that is striving to create a balance of prosperity, justice and hope that nurtures peace within the entire

community through dialogue and cooperation, and

WHEREAS, Indianapolis citizens have helped create and are helping to develop Indianapolis as an International

City of Peace, as part of a global, social movement through the development of peace initiatives that support a culture of

peace, and

WHEREAS, the United Nations has designated September 21st of each year to be the International Day of Peace,

devoted to commemorating and sowing and nurturing the seeds of peace and inspiring citizens to commit to practice

peaceful compassionate behavior for the rest of the year and thus living the ideals of peace; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The Indianapolis City-County Council and the Mayor proclaims the City of Indianapolis, Indiana to be

a City of Peace in perpetuity.

SECTION 2. The Council and Mayor designates September 21st of each year to be the Indianapolis Day of Peace

SECTION 3. The Mayor is invited to join in this resolution by affixing his signature hereto.

SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 365, 2019. The proposal, sponsored by Councillors Mowery, Gray, Coats,

Fanning, Wesseler, Ray, McQuillen, Holliday, Oliver and Harris, honors James L. Greeson on his

Page 4: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

8

retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal

and presented Mr. Greeson with a copy of the document and a Council pin. Mr. Greeson thanked

the Council for the recognition. Councillor Mowery moved, seconded by Councillor Gray, for

adoption. Proposal No. 365, 2019 was adopted by a unanimous voice vote.

Proposal No. 365, 2019 was retitled SPECIAL RESOLUTION NO. 32, 2019, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 32, 2019

A SPECIAL RESOLUTION honoring James L. Greeson on his retirement as Indiana State Fire Marshall.

WHEREAS, James L. Greeson was born September 26, 1948 and is a lifetime resident of Indianapolis. James L.

Greeson is also a veteran of the United States Army; and.

WHEREAS, James L. Greeson graduated from Thomas Carr Howe High School; received a Degree from Indiana

Vocational Technical College; and attended Indiana University- Purdue University. James L. Greeson also attended the

National Fire Academy, completing several courses in Command and Control of Major Incidents; and

WHEREAS, James L. Greeson joined the Indianapolis Fire Department (IFD) in January of 1970. Mr. Greeson

served twenty-six years in the Suppression Division, with his last assignment as Shift Commander. In addition to fire

suppression, he also served as Deputy Chief of Administration and Deputy Chief of Operations. He has earned the respect

of all who work with him; and

WHEREAS, James L. Greeson was appointed Chief of IFD in June of 2004 and held that position until his retirement

in April, 2008, completing thirty-eight years of service to the citizens of Indianapolis. Chief Greeson was appointed

Indiana State Fire Marshal by Governor Mitchell Daniels on May 12, 2008; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The Indianapolis City-County Council recognizes James L. Greeson as he retires from his Indiana State

Fire Marshall position.

SECTION 2. The City-County Council recognizes the hard work, dedication and achievements of James L. Greeson.

SECTION 3. The Mayor is invited to join in this resolution by affixing his signature hereto.

SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 366, 2019. The proposal, sponsored by Councillors Mascari and Evans,

recognizes the weeks of September 15 and 22, 2019 as Country Music Weeks in Indianapolis.

Councillor Mascari read the proposal and presented representatives with copies of the document

and Council pins. John Lofton, Southeast Working Class Task Force, thanked the Council for the

recognition and sang an excerpt of country music. Councillor Mascari moved, seconded by

Councillor Evans, for adoption. Proposal No. 366, 2019 was adopted by a unanimous voice vote.

Proposal No. 366, 2019 was retitled SPECIAL RESOLUTION NO. 33, 2019, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 33, 2019

A SPECIAL RESOLUTION recognizing the weeks of September 15 and 22, 2019 as Country Music Weeks in

Indianapolis.

WHEREAS, the Southeast Working-Class Task Force joined the Southeast Quality of Life Plan in 2015 with the

intent of preserving the history and culture of the city’s working people; and

WHEREAS, America’s country music reaches across cultures, social-economic status and global geography; and

Page 5: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

9

WHEREAS, country music’s songs and its people preserve traditional values, tell stories about the lives of regular

people, and in some instances, address social and cultural issues; and

WHEREAS, long before the days when the father of county music, Mr. Jimmie Rogers, the “Yodeling Brakeman”

and A. P. Carter and the Carter Family were performing, Indianapolis working people and other rural Hoosiers were

enjoying folk and hillbilly music; and

WHEREAS, throughout the 1940s to the 1990s Indianapolis sprouted a large variety of “honky tonks” playing

hillbilly, bluegrass, rockabilly, country and country-western music, providing relaxation, conversation, fun, friendship,

and a place to listen and dance to live country music; and

WHEREAS, Bill Monroe decided to hold his nationally famous Bluegrass Festival in nowhere else but Bean

Blossom in Brown County, Indiana; and

WHEREAS country music went on radio in 1925 with the Grand Ole Opry’s “National Barn Dance” on station

WSM Nashville, Tennessee. Today, thirty seven percent of all America’s radio stations play country; and

WHEREAS, since WIRE AM 1430 played country music from the late 1960s to 1980s, central Indiana has over a

dozen country music radio stations, including HANK FM 97.1 and the nationally acclaimed WFMS 95.9, all of which

show the popularity of country music; and

WHEREAS, local public television station WFYI, Channel 20, will broadcast the eight-day, sixteen-hour Ken Burns

documentary, Country Music, September 15-18 and September 22-25, 2019 recognizing and validating the original

contributions of country music to our American society; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The City-County Council recognizes the weeks of September 15 and 22, 2019 as Country Music Weeks in

Indianapolis and encourages citizens to preserve the history and culture of the city’s working people.

SECTION 2. The Mayor is invited to join in this resolution by affixing his signature hereto.

SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 310, 2019. Councillor Robinson reported that the Public Safety and Criminal

Justice Committee heard Proposal No. 310, 2019 on August 14, 2019. The proposal, sponsored by

Councillor Robinson, appoints Kevin Riley to the Marion County Community Corrections

Advisory Board. By an 8-0 vote, the Committee reported the proposal to the Council with the

recommendation that it do pass. Councillor Robinson moved, seconded by Councillor Adamson,

for adoption. Proposal No. 310, 2019 was adopted on the following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 310, 2019 was retitled COUNCIL RESOLUTION NO. 86, 2019, and reads as

follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 86, 2019

A COUNCIL RESOLUTION appointing Kevin Riley to the Marion County Community Corrections Advisory Board.

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

Page 6: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

10

SECTION 1. As a member of the Marion County Community Corrections Advisory Board (fulfilling the juvenile

probation officer requirement), the Council appoints:

Kevin Riley

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2019. The person appointed

by this resolution shall serve at the pleasure of the Council and until a successor is appointed and qualifies unless the duration

of the holdover period for this appointment is limited by statute.

INTRODUCTION OF PROPOSALS

PROPOSAL NO. 333, 2019. Introduced by Councillor Gray. The Clerk read the proposal

entitled: "A Proposal for a Fiscal Ordinance which adopts the operating and maintenance budgets

and tax levies of the Indianapolis Airport Authority and establishes appropriations for said

municipal corporation for 2020"; and the President referred it to the Municipal Corporations

Committee.

PROPOSAL NO. 334, 2019. Introduced by Councillor Gray. The Clerk read the proposal

entitled: "A Proposal for a Fiscal Ordinance which adopts the operating and maintenance budgets

and tax levies of the Capital Improvement Board of Managers and establishes appropriations for

said municipal corporation for 2020"; and the President referred it to the Municipal Corporations

Committee.

PROPOSAL NO. 335, 2019. Introduced by Councillor Gray. The Clerk read the proposal

entitled: "A Proposal for a Fiscal Ordinance which adopts the operating and maintenance budgets

and tax levies of the Health and Hospital Corporation and establishes appropriations for said

municipal corporation for 2020"; and the President referred it to the Municipal Corporations

Committee.

PROPOSAL NO. 336, 2019. Introduced by Councillor Gray. The Clerk read the proposal

entitled: "A Proposal for a Fiscal Ordinance which adopts the operating and maintenance budgets

and tax levies of the Indianapolis Public Transportation Corporation (IndyGo) and establishes

appropriations for said municipal corporation for 2020"; and the President referred it to the

Municipal Corporations Committee.

PROPOSAL NO. 337, 2019. Introduced by Councillor Gray. The Clerk read the proposal

entitled: "A Proposal for a Fiscal Ordinance which adopts the operating and maintenance budgets

and tax levies of the Indianapolis-Marion County Public Library and establishes appropriations

for said municipal corporation for 2020"; and the President referred it to the Municipal

Corporations Committee.

PROPOSAL NO. 338, 2019. Introduced by Councillors Robinson and Gray. The Clerk read the

proposal entitled: "A Proposal for a Special Ordinance which authorizes the issuance and sale of

general obligation bonds in an aggregate principal amount not to exceed $15,000,000 to procure

funds for the acquisition, construction, installation, equipping and/or financing of a fire training

facility, together with expenses in connection with the issuance of the bonds and other related

matters"; and the President referred it to the Public Safety and Criminal Justice Committee.

PROPOSAL NO. 339, 2019. Introduced by Councillor Robinson. The Clerk read the proposal

entitled: "A Proposal for a General Resolution which approves and adopts revisions to the

Marion County Multi-Hazard Mitigation Plan as required by the Federal Emergency Management

Agency"; and the President referred it to the Public Safety and Criminal Justice Committee.

Page 7: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

11

PROPOSAL NO. 340, 2019. Introduced by Councillor Fanning. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at White

River Drive and 79th Street (District 2)"; and the President referred it to the Public Works

Committee.

PROPOSAL NO. 341, 2019. Introduced by Councillor Graves. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Aspen

Way and Meadowlark Drive (District 13)"; and the President referred it to the Public Works

Committee.

PROPOSAL NO. 342, 2019. Introduced by Councillors Shreve and Wesseler. The Clerk read the

proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at

Camden Street and Markwood Avenue (Districts 16, 24)"; and the President referred it to the

Public Works Committee.

PROPOSAL NO. 343, 2019. Introduced by Councillor Coulter. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Moultrie

Drive and Wakulla Court (District 23)"; and the President referred it to the Public Works

Committee.

PROPOSAL NO. 344, 2019. Introduced by Councillor Evans. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at

Waldemere Avenue and Ray Street (District 22)"; and the President referred it to the Public

Works Committee.

PROPOSAL NO. 345, 2019. Introduced by Councillor Coulter. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Griffin

Road, Surrey Drive and Surrey Court (District 23)"; and the President referred it to the Public

Works Committee.

PROPOSAL NO. 346, 2019. Introduced by Councillor Shreve. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes parking restrictions on Lord

Street from College Avenue to 50 feet east of Concordia Street (District 16)"; and the President

referred it to the Public Works Committee.

PROPOSAL NO. 347, 2019. Introduced by Councillor Cordi. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Terrace

Avenue and Ritter Avenue (District 18)"; and the President referred it to the Public Works

Committee.

PROPOSAL NO. 364, 2019. Introduced by Councillor Scales. The Clerk read the proposal

entitled: "A Proposal for a General Ordinance which amends the Code regarding functions and

procedures of standing committees"; and the President referred it to the Rules and Public Policy

Committee.

SPECIAL ORDERS - PRIORITY BUSINESS

PROPOSAL NOS. 349-354, 2019, Proposal No. 355, 2019 and PROPOSAL NOS. 356-362, 2019.

Introduced by Councillor Lewis. Proposal Nos. 349-354, 2019, Proposal No. 355, 2019 and

Proposal Nos. 356-362, 2019 are proposals for Rezoning Ordinances certified for approval by the

Page 8: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

12

Metropolitan Development Commission on August 20 and 28, 2019. The President called for any

motions for public hearings on any of those zoning maps changes. There being no motions for

public hearings, the proposed ordinances, pursuant to IC 36-7-4-608, took effect as if adopted by

the City-County Council, were retitled for identification as REZONING ORDINANCE NOS. 106-

119, 2019, the original copies of which ordinances are on file with the Metropolitan Development

Commission, which were certified as follows:

REZONING ORDINANCE NO. 106, 2019.

2019-ZON-033

10829 EAST 38TH STREET (APPROXIMATE ADDRESS)

WARREN TOWNSHIP, COUNCIL DISTRICT #14

EASTSIDE PROPERTIES INC., by Russell L. Brown

Rezoning of 10.14 acres from the C-4 (FF) district to the D-5II (FF) classification.

REZONING ORDINANCE NO. 107, 2019.

2019-ZON-042

5325 EAST SOUTHPORT ROAD (APPROXIMATE ADDRESS)

FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

JESSICA SMITH, by Tiffany Niles

Rezoning of 0.81 acre from the C-S district to the C-S classification to provide for a stand-alone outdoor

freezer.

REZONING ORDINANCE NO. 108, 2019.

2019-ZON-044

7024 NORTH KEYSTONE AVENUE (APPROXIMATE ADDRESS)

WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2

POOJA REALTY LLC, by David Kingen and Justin Kingen

Rezoning of 0.53 acre from the D-3 District to the C-4 classification.

REZONING ORDINANCE NO. 109, 2019.

2019-ZON-056

7621 CRAWFORDSVILLE ROAD (APPROXIMATE ADDRESS)

WAYNE TOWNSHIP, COUNCIL DISTRICT #6

JHONY ESCOBAR, by Carol Baird

Rezoning of 0.508 acre from the D-A district to the C-1 district.

REZONING ORDINANCE NO. 110, 2019.

2019-CZN-816

239 AND 244-260 NORTH TEMPLE AVENUE AND 2601 EAST NEW YORK STREET

(APPROXIMATE ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #17

ENGLEWOOD COMMUNITY DEVELOPMENT CORPORATION,

by Sanford E. Garner

Rezoning of 1.04 acres from the SU-1, D-8 and D-5 districts to the MU-1 classification to provide for

two mixed-use buildings, with the eastern building containing 26 units, 980-square feet of community

space and 1,916-square feet of commercial space and with the western building having 25 units and

1,664-square feet of community space.

REZONING ORDINANCE NO. 111, 2019.

2019-CZN-820

2163 AND 2179 NORTH ILLINOIS STREET (APPROXIMATE ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #11

REALAMERICA DEVELOPMENT LLC, by Joseph D. Calderon

Rezoning of 1.19 acres from the C-4 (RC) (W-5) district to the MU-2 (RC) (W-5) district.

REZONING ORDINANCE NO. 112, 2019.

2019-ZON-009 (AMENDED)

3414 EAST WASHINGTON STREET (APPROXIMATE ADDRESS)

CENTER TOWNSHIP, COUNCIL DISTRICT #12

MOJA PROPERTIES LLC, by John B. Herriman and Russell L. Brown

Page 9: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

13

Rezoning of 2.45 acres from the C-S District to the C-S classification to eliminate salvage yard as a permitted

use and to provide for Commercial and Building Contractor in addition to the existing permitted uses of heavy

motor vehicle repair, body work, painting and outdoor storage.

REZONING ORDINANCE NO. 113, 2019.

2019-ZON-027

4360 AND 4390 NORTH KEYSTONE AVENUE (APPROXIMATE ADDRESSES)

WASHINGTON TOWNSHIP, COUNCIL DISTRICT #9

JDZK LLC, by David Kingen and Justin Kingen

Rezoning of 0.92 acre from the C-4 (W-1) district to the C-5 (W-1) classification.

REZONING ORDINANCE NO. 114, 2019.

2019-ZON-051

1030 AND 1050 NORTH COLLEGE AVENUE AND 647 EAST 11TH STREET (APPROXIMATE

ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #17

BUSCHMAN LLC AND AARON D. WROBLESKI AND KRISTIN KAHLE, by David Kingen and

Justin Kingen

Rezoning of 0.26 acre from the D-10 district to the CBD-2 district.

REZONING ORDINANCE NO. 115, 2019.

2019-ZON-061

324 WEST 26TH STREET (APPROXIMATE ADDRESS)

CENTER TOWNSHIP, COUNCIL DISTRICT #11

PINE HOMES LLC, by William T. Niemier

Rezoning of 0.116 acre from the D-5 district to the D-8 district.

REZONING ORDINANCE NO. 116, 2019.

2019-ZON-062

11733 MCGREGOR ROAD (APPROXIMATE ADDRESS)

FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

JAMIE THOMPSON, by David A. Retherford

Rezoning of 4.94 acres from the SU-1 district to the D-A district.

REZONING ORDINANCE NO. 117, 2019.

2019-ZON-063

741 GREER STREET (APPROXIMATE ADDRESS)

CENTER TOWNSHIP, COUNCIL DISTRICT #16

KIM COOK

Rezoning of 0.261 acre from the I-3 (RC) district to the D-8 (RC) district.

REZONING ORDINANCE NO. 118, 2019.

2019-ZON-067

6025 SUNNYSIDE ROAD (APPROXIMATE ADDRESS), CITY OF LAWRENCE

LAWRENCE TOWNSHIP, COUNCIL DISTRICT #5

SANDLIAN INVESTMENTS LLC, by Mark Leach

Rezoning of 5.8 acres, from the C-4 district to the I-1 classification.

REZONING ORDINANCE NO. 119, 2019.

2019-CZN-821

1232, 1302 AND 1306 EAST 10TH STREET (APPROXIMATE ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #17

JOSH REED

Rezoning of 0.27 acre from the MU-1 district to the D-8 district.

PROPOSAL NO. 363, 2019. Introduced by Councillor Lewis. Proposal No. 363, 2019 is a

proposal for Rezoning Ordinance certified by the Metropolitan Development Commission for

denial on August 15, 2019. The President called for any motions for public hearings on this zoning

maps change. There being no motions for public hearings, the proposed ordinance, pursuant to IC

Page 10: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

14

36-7-4-608, was denied by the City-County Council, the original copies of which ordinance are on

file with the Metropolitan Development Commission, which was certified as follows:

2019-ZON-036

8900 MOORESVILLE ROAD (APPROXIMATE ADDRESS)

DECATUR TOWNSHIP, COUNCIL DISTRICT #20

CORE5 INDUSTRIAL PARTNERS, by Joseph D. Calderon

Rezoning of 121.1 acres from the C-4 and C-S Districts to the C-S classification to provide for all

Manufacturing, Research and Development, Utilities, Wholesale Distribution uses permitted by the I-1

District; all Group Living, Community, cultural and Educational Facilities, and Office Uses permitted in the

C-1 district; Vocational, Technical or Industrial Training School or Training Facility; Hospital; Animal Care,

Boarding and Veterinary Services; Farmer’s Market; Artisan Food and Beverage; Business, Home and

Personal Services or Repair; Bar or Tavern; Eating Establishment or Food Preparation; Indoor Recreation and

Entertainment; Indoor Spectator Venue; Hotel or Motel; Department Store; Grocery Store; Liquor Store;

Light and Heavy General Retail; Automobile and Light Vehicle Wash; Automobile Fueling Station;

Automobile, Motorcycle, and Light Vehicle Service or Repair; Commercial Parking Lot; Transit Center; and

Recycling Station and the following accessory uses: wireless communications facility; game courts; outdoor

storage; temporary outdoor display and sales; outdoor seating and patio; recycling collection point; renewable

energy facility, solar, geothermal or wind; satellite dish antenna; signs; temporary construction yard, office or

equipment storage; temporary outdoor event; and outside vending machines/self-serve kiosk.

SPECIAL ORDERS - PUBLIC HEARING

PROPOSAL NO. 314, 2019. Councillor Robinson reported that the Public Safety and Criminal

Justice Committee heard Proposal No. 314, 2019 on August 14 and 21, 2019. The proposal,

sponsored by Councillor Robinson, approves an additional appropriation of $90,000 in the 2019

Budget of the Office of Public Health and Safety (Consolidated County General Fund) to be used

to contract an architectural design group to design and engineer the new Juvenile Detention Center

at the Community Justice Campus site. By a 10-0 vote, the Committee reported the proposal to the

Council with the recommendation that it do pass.

The President called for public testimony at 7:42 p.m.

Larry Vaughn, citizen, said that he is glad to see the progress on this center, and the diversity on

the job side. He said that he hopes the state does not make the county house all prisoners when it

is completed.

There being no further testimony, Councillor Robinson moved, seconded by Councillor Mascari,

for adoption. Proposal No. 314, 2019 was adopted on the following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 314, 2019 was retitled FISCAL ORDINANCE NO. 17, 2019, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 17, 2019

A FISCAL ORDINANCE amending the City-County Annual Budget for 2019 (City-County Fiscal Ordinance No. 22, 2018)

by additional appropriations of Ninety Thousand dollars ($90,000).

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

Page 11: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

15

SECTION 1. To provide for expenditures the necessity for which has arisen since its adoption, the City-County Annual

Budget for 2019 is hereby amended by the fund and character increase hereinafter stated for purposes of the Office of Public

Health and Safety.

SECTION 2. The Office of Public Health and Safety, requests additional appropriations in the amount of Ninety Thousand

dollars ($90,000) in Character 3 of the Consolidated County General fund to be used to contract an architectural design

group to design and engineer the new Juvenile Detention Center at the Community Justice Campus site.

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 CHAR 5 TOTAL

Consolidated

County General

90,000

90,000

SECTION 4. Upon approval of this and other pending proposals, the following unappropriated fund balances are projected

to remain at the end of 2019:

Fund 2018 Year-End Balance Projected 2019 Year-End Balance

Consolidated County 148,321,156 151,868,663

SECTION 5. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 315, 2019. Councillor Adamson reported that the Public Works Committee

heard Proposal No. 315, 2019 on August 15, 2019. The proposal, sponsored by Councillor

Adamson, appropriates the proceeds of IndyRoads Revenue Bonds in an amount not to exceed

$40,000,000 to fund the cost of certain street, road, bridge, traffic signal, curb and sidewalk projects

and incidental expenses in connection therewith and on account of the issuance of the bonds; and

the proceeds of and the City's IndyRoads Interim Financing Notes to fund the foregoing on an

interim basis, if such issuance is determined to be necessary. By a 10-0 vote, the Committee

reported the proposal to the Council with the recommendation that it do pass as amended.

Councillor Mascari said that a street next to Garfield Park was ground down last week, but still has

not been paved. He asked when this will happen. Dan Parker, Director of the Department of Public

Works, stated that he will have to research that particular project and get back to Councillor

Mascari.

The President called for public testimony at 7:46 p.m.

Larry Vaughn, citizen, said that he was happy to see a resurfacing project on Capitol last week, and

using City employees to perform this job instead of farming out all the infrastructure work to

contractors.

There being no further testimony, Councillor Adamson moved, seconded by Councillor Scales, for

adoption. Proposal No. 315, 2019 was adopted on the following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 315, 2019 was retitled FISCAL ORDINANCE NO. 18, 2019, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 18, 2019

A PROPOSAL FOR A FISCAL ORDINANCE appropriating the proceeds of the City of Indianapolis, Indiana (the

"City") lndyRoads Revenue Bonds, Series 2019 (to be completed with the year in which issued) to be issued in one or

more series (or with such other designation as determined by the City, the "Bonds") to fund the cost of certain street,

Page 12: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

16

road, bridge, traffic signal, curb and sidewalk projects and the incidental expenses in connection therewith, and on

account of the issuance of the Bonds and the proceeds of and the City's lndyRoads Interim Financing Notes, Series 2019

(to be completed with the year in which issued) to be issued in one or more series (or with such other designation as

determined by the City, the "Notes") to fund the foregoing on an interim basis, if such issuance is determined to be

necessary; and

WHEREAS, the City-County Council of Indianapolis, Indiana and of Marion County, Indiana (the "Council") has

determined to issue Bonds to provide for (i) the cost of certain street, road, bridge, traffic signal, curb and sidewalk

projects (the "Projects"), (ii) the incidental expenses in connection therewith and on account of the issuance of the Bonds,

(iii) capitalized interest, if necessary, (iv) funding a debt service reserve, if necessary, and (v) refunding the Notes, if any,

issued for the foregoing purposes; and

WHEREAS, the Council has determined to issue Notes, if determined to be necessary by the City Controller or the

Mayor, to provide for, on an interim basis in anticipation of the issuance of the Bonds (i) the cost of the Projects, (ii) the

incidental expenses in connection therewith and on account of the issuance of the Notes, and (iii) capitalized interest, if

necessary; and

WHEREAS, a notice of a public hearing on the appropriation of the proceeds of the Bonds in an amount not to

exceed Forty Million Dollars ($40,000,000), plus any original issue premium and investment earnings, to be issued for

the purpose of procuring funds to be applied on the cost of the Projects, the incidental expenses to be incurred in

connection therewith and with the issuance and sale of the Bonds, capitalized interest and funding a debt service reserve,

each if necessary, and refunding the Notes (if necessary) issued for the foregoing purposes was properly published in two

newspapers published in the City and the proofs of publication were presented to the Council and placed in the Council's

records; and

WHEREAS, a notice of a public hearing on the appropriation of the proceeds of the Notes in an amount not to

exceed Forty Million Dollars ($40,000,000), plus any original issue premium and investment earnings, to be issued for

the purpose of procuring funds to be applied on the cost of the Projects, the incidental expenses to be incurred in

connection therewith and with the issuance and sale of the Notes, funding interest purposes was properly published if

required upon determination of the City Controller or the Mayor in two newspapers published in the City and the proofs

of publication were presented to the Council and placed in the Council's records; and

WHEREAS, on October 15, 2018, the Council adopted City-County Fiscal Ordinance No. 20, 2018 (the “2018

Ordinance”), and in the 2018 Ordinance approved the 2019 – 2022 Transportation Capital Improvement Plan (the “2019

– 2022 Plan”) of the Department of Public Works (“DPW”), a portion of which will be funded by the funds appropriated

by this ordinance; and

WHEREAS, pursuant to the 2018 Ordinance, DPW is to annually update to the Council the 2019 – 2022 Plan with

subsequent years added, which plan for the years 2020 – 2023 (the “Updated Plan”) is attached hereto as Exhibit A, and

the 2019 – 2022 Plan and the Updated Plan are dependent upon the dedicated revenues that are incorporated and

appropriated each year by the Council and the Mayor, now, therefore:

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA:

SECTION 1. An appropriation in an amount not to exceed Forty Million Dollars ($40,000,000), plus any original

issue premium and investment earnings is hereby made to be applied to the cost of the Projects, payment of the incidental

expenses incurred in connection therewith and on account of the issuance of Bonds therefor, funding interest, funding

a debt service reserve, if necessary, and refunding the Notes, if any, issued for the foregoing purposes and that the funds

to meet this appropriation be provided out of the proceeds of the Bonds (to include any original issue premium) and

investment earnings; that this appropriation be in addition to all other appropriations provided for in the existing budget

and tax levy for the current year.

SECTION 2. In the alternative to the appropriation made by Section 1, and not in addition thereto, an appropriation

in an amount not to exceed Forty Million Dollars ($40,000,000), plus any original issue premium and investment earnings

is hereby made to be applied, if necessary, to the cost of the Project, payment of the incidental expenses incurred in

connection therewith and on account of the issuance of Notes therefor, if issuance of such Notes is determined to be

necessary by the City Controller or the Mayor and funding interest, and that the funds to meet this appropriation be

provided out of the proceeds of the Notes (to include any original issue premium) and investment earnings; that this

appropriation be in addition to all other appropriations provided for in the existing budget and tax levy for the current

year.

Page 13: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

17

SECTION 3. All proceeds of the Bonds and/or Notes authorized by Proposal No. 315, 2019 are to be deposited

initially in a newly created special non-reverting fund, to be designated as the "lndyRoads Fund." The proceeds not

appropriated by this ordinance shall remain in said fund until further Council action and shall not revert to any city or

county general funds.

SECTION 4. The Updated Plan attached hereto as Exhibit A, a portion of which includes the Projects to be funded

by the issuance of the Bonds or Notes, is hereby endorsed by the Council.

SECTION 5. This ordinance shall be in full .force and effect upon adoption and compliance with IC 36-34-14.

SECTION 6. All ordinances, or parts thereof, in conflict with the provisions of this ordinance, are, to the extent of

such conflict, hereby repealed or amended.

SPECIAL ORDERS - FINAL ADOPTION

PROPOSAL NO. 275, 2019. Councillor Lewis reported that the Metropolitan and Economic

Development Committee heard Proposal No. 275, 2019 on July 22 and August 26, 2019. The

proposal, sponsored by Councillor Osili, approves and ratifies the declaratory resolution and

economic development plan of the Metropolitan Development Commission for the 421 N Penn

Economic Development Area and declaring that the area be designated as an allocation area. By a

6-5 vote, the Committee reported the proposal to the Council with the recommendation that it do

pass.

Councillor Scales said that this has been a long process that began in 2017 and was revised in 2018.

She said that these delays have been costly to developers, but it was worth working with the

neighborhoods to get something all could be comfortable with and proud of. She thanked the

developer for their willingness to work with communities instead of cramming projects down the

neighbors’ throats.

Councillor Simpson asked what the issue is with the project that it initially failed in committee and

then had to be reconsidered, and still barely passed out of committee. Councillor Lewis said that

the concern was over the cost of the individual units in the affordable housing piece. She said that

they were still fleshing it out at the time of the first meeting, but have had many more discussions

along the way to get to this point this evening.

Councillor Gray asked what is considered affordable housing. Councillor Lewis said that the

numbers in the proposal came directly from the Department of Housing and Urban Development

(HUD), and they are simply following their guidelines. Councillor Gray asked what those

guidelines are. Angela Smith-Jones, Deputy Mayor for Economic Development, Office of the

Mayor, said that to qualify for affordable housing, a family must make under 80% of the area

median income (AMI), which would be approximately $43,000 to $44,000 a year as a standard for

Indianapolis and Marion County. Councillor Gray asked what the rent is for these affordable

homes. Ms. Smith-Jones said that rent for a one-bedroom is $1,235 and $1,390 for a two-bedroom.

Councillor Gray asked if this is considered low. Ms. Smith-Jones said that it is classified as

affordable housing by HUD.

Councillor Evans said that the project site is currently a parking lot, and it has been for more than

20 years. It currently generates $16,000 a year in tax revenue for the City. When this project is

finished, this site will generate millions of dollars in tax revenue every year, and also provide

construction jobs. At the end of the day, this project will be well worth it.

Councillor Shreve said that although he is fully pro-business and development, from a policy

standpoint, he has to oppose this proposal. He said that as a public official, it is important to make

Page 14: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

18

good bets on where public funding is allocated to encourage development around Marion County.

He said that many times a developer will sit on a piece of ground until the value around it increases

to make a sale or development produce a sizable profit. He said that for this project, the City will

have to provide City services for 20 cents on the dollar and create a tax increment financing (TIF)

district. While the project will provide some affordable housing units, he does not consider a

monthly rent of $1,245, and additional parking space rental for $150 to be affordable, as it seems

pricey. He said that the developer has worked hard to placate some neighbors, but this is a prime

piece of property. This is a really expensive project and will cost the City more than they will

collect in services, and will shift the tax burden to the neighbors. For that reason, he will oppose

the proposal.

Councillor Fanning said that it might be beneficial to have a conversation about low income

housing and how that is defined, but it is not really fair or acting in good faith to change the same

standard they have been using on other projects and throughout this particular three-year process

on this project all of a sudden. She said that this is a drastically underutilized piece of property,

and the development will create a huge increase in property taxes in the future. It is prime real

estate, but it has been difficult to develop, and so has remained a parking lot for 20 years. She said

it is better to have a bird in the hand than two in the bush, and she urged Councillors to support the

proposal.

Councillor Lewis agreed that $1,200 to $1,400 is a lot of money, but she asked Chief Financial

Officer Bart Brown to confirm that this body does not have the authority to adjust those guidelines.

Mr. Brown said that this is correct, and they simply plug in the formula that is set by HUD. He

added that they also just look at the AMI for the proposed area and not for the entire County, so the

AMI in this particular community is higher than some other areas in Marion County.

Councillor McHenry said that she appreciates Councillor Shreve’s comments and is in agreement.

She said that 25 years is way too long to finance this type of agreement, and the property will be

worth a whole lot more by the time they start paying the City anything.

Councillor Simpson said that new businesses come before the Council promising to create jobs as

if they are doing the City a favor. He said that while HUD does set these rates, this are not really

rates that low income families can afford.

Councillor Gray said that 25 years is not really a long time to invest in a piece of land to have it

reach its full value. However, he said if these rates are based on the census data in that specific

area, then only current residents can move into these units, which again is not really affordable.

Councillor Shreve said that he wants the public to be aware that this body really wrestles with these

kinds of issues, and most of the work is done in committee, where they work hard to figure it out.

He added that it is not always supported or opposed along party lines, and he does appreciate the

thought that has gone into this particular proposal.

Councillor Johnson said that this is really more targeted to workforce housing versus affordable

housing. The project is not necessarily targeted to low-income residents, but more toward certain

workforces, such as police officers, teachers, and emergency personnel. He said that population

growth of the workforce is important, and based on the AMI in this community, these rates make

sense.

Page 15: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

19

Councillor McQuillen said that this project will generate $160,000 in revenue per year and will

also provide an investment in parks; which is an improvement over what is now an underutilized

parking lot.

Councillor Gray said that affordable housing is really a play on words and does not signify what it

should. He said that it used to be called low-income housing, then it was affordable housing, and

now to clarify some want to call it workforce housing. He said that it is still the same pretense and

is just a selling point for the developer to agree to in order to get approval. Now, with this project

they will only be recruiting people who already live downtown.

Councillor Lewis moved, seconded by Councillor Evans, for adoption. Proposal No. 275, 2019

was adopted on the following roll call vote; viz:

20 YEAS: Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday, Johnson,

Lewis, Mascari, McQuillen, Mowery, Oliver, Osili, Ray, Scales, Simpson, Wesseler

5 NAYS: Adamson, Jackson, McHenry, Robinson, Shreve

Proposal No. 275, 2019 was retitled GENERAL RESOLUTION NO. 26, 2019, and reads as

follows:

CITY-COUNTY GENERAL RESOLUTION NO. 26, 2019

A GENERAL RESOLUTION of the City-County Council of the City of Indianapolis and of Marion County, Indiana,

approving (i) a Declaratory Resolution and Economic Development Plan of the Metropolitan Development Commission

of Marion County, Indiana, acting as the Redevelopment Commission of the City of Indianapolis, Indiana (the

“Commission”) and (ii) the determination of the Commission that an area within the City of Indianapolis, Indiana is an

allocation area within an economic development area.

WHEREAS, on July 17, 2019, the Metropolitan Development Commission of Marion County, Indiana, acting as

the Redevelopment Commission of the City of Indianapolis, Indiana (the “Commission”), being the governing body of

the Redevelopment District, adopted a declaratory resolution No. 2019-E-050 (the “Declaratory Resolution”) initially

approving an Economic Development Plan (the “Plan”) for the 421 N Penn Economic Development Area (the “Area”)

and declaring that the Area be designated as an allocation area (the “Allocation Area”) pursuant to Indiana Code 36-7-

15.1, as amended (the “Act”); and

WHEREAS, the Act requires approval of the Declaratory Resolution, the Plan and the establishment of the

Allocation Area by the City-County Council of the City of Indianapolis and of Marion County, Indiana (the “Council”);

and

WHEREAS, the Declaratory Resolution and Plan have been submitted to this Council; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The Declaratory Resolution and Plan for the Area are in all respects approved, ratified and confirmed by

the Council.

SECTION 2. The determination of the Commission that the Area described in the Declaratory Resolution is an allocation

area pursuant to the Act is in all respects approved, ratified and confirmed by the Council.

SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Indiana Code 36-3-4-

14, 36-3-4-15 and 36-3-4-16.

PROPOSAL NO. 276, 2019. Councillor Lewis reported that the Metropolitan and Economic

Development Committee heard Proposal No. 276, 2019 on August 26, 2019. The proposal,

sponsored by Councillor Osili, approves the issuance of economic development tax increment

revenue bonds for Charles Street Development Co., LLC, in a maximum aggregate principal

Page 16: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

20

amount not to exceed $9,852,000 to finance the construction of a13-story mixed-use development

consisting of approximately 213 residential units, approximately 27,400 square feet of combined

retail and office space, and approximately 214 parking spots, located at 421 North Pennsylvania

Street (District 11), and approves and authorizes other actions in respect thereto. By a 6-5 vote, the

Committee reported the proposal to the Council with the recommendation that it do pass.

Councillor Lewis moved, seconded by Councillor Johnson, for adoption. Proposal No. 276, 2019

was adopted on the following roll call vote; viz:

20 YEAS: Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday, Johnson,

Lewis, Mascari, McQuillen, Mowery, Oliver, Osili, Ray, Scales, Simpson, Wesseler

5 NAYS: Adamson, Jackson, McHenry, Robinson, Shreve

Proposal No. 276, 2019 was retitled SPECIAL ORDINANCE NO. 9, 2019, and reads as follows:

CITY-COUNTY SPECIAL ORDINANCE NO. 9, 2019

A SPECIAL ORDINANCE of the City-County Council of the City of Indianapolis and of Marion County, Indiana

authorizing the issuance of one or more series of its City of Indianapolis, Indiana Economic Development Tax Increment

Revenue Bonds, Series 2020 (421 N Penn Project), (to be completed with the designation as determined to be necessary),

in a maximum aggregate principal amount not to exceed Nine Million Eight Hundred Fifty-Two Thousand Dollars

($9,852,000), and approving and authorizing other actions in respect thereto.

WHEREAS, Indiana Code 36-7-11.9 and 12 (collectively, the “Act”) declares that the financing and refinancing of

economic development facilities constitutes a public purpose; and

WHEREAS, pursuant to the Act, the City of Indianapolis, Indiana (the “City”) is authorized to issue revenue bonds

for the purpose of financing, reimbursing or refinancing the costs of acquisition, construction, renovation, installation

and equipping of economic development facilities in order to foster diversification of economic development and creation

or retention of opportunities for gainful employment in or near the City; and

WHEREAS, Charles Street Development Co., LLC and/or one or more affiliates and/or designees (collectively, the

“Developer”), has informed the City that it will be constructing a thirteen (13) story mixed-use development building

consisting of approximately 213 residential units, approximately 27,400 square feet of combined retail and office space,

and approximately 214 parking spots, located at 421 N. Pennsylvania Street in the City, together with all necessary

appurtenances, related improvements and equipment and incidental expenses in connection therewith (the “Project”); and

WHEREAS, the Project will be located in the 421 N Penn Allocation Area (the “Allocation Area”) as established

by the Metropolitan Development Commission of Marion County, Indiana, acting as the Redevelopment Commission of

the City; and

WHEREAS, Developer has advised the Indianapolis Economic Development Commission (the “Commission”) and

the City concerning the Project and requested that the City issue one or more series of its Economic Development Tax

Increment Revenue Bonds, Series 2020 (421 N Penn Project) (with such further series or other designation as determined

to be necessary), in an aggregate principal amount not to exceed Nine Million Eight Hundred Fifty-Two Thousand Dollars

($9,852,000) (the “Bonds”) under the Act, and make the proceeds of the Bonds, exclusive of cost of issuance, available

to Developer for construction or reimbursement of the costs of financing a portion of the Project; and

WHEREAS, the Commission has rendered its report regarding the proposed financing of economic development

facilities for Developer and the Metropolitan Development Commission of Marion County, Indiana, has been given an

opportunity to comment thereon; and

WHEREAS, the Commission has heretofore conducted a public hearing in accordance with Indiana Code 36-7-12-

24 and adopted its resolution subsequent thereto finding that the financing of the Project complies with the purposes and

provisions of the Act and that such financing will be of benefit to the health and welfare of the City; and

WHEREAS, the Commission has heretofore approved and recommended the adoption of this form of ordinance by

this City-County Council, has considered the issue of adverse competitive effect and has approved the forms of and has

transmitted for approval by the City-County Council, the Financing Documents (as hereinafter defined); and

Page 17: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

21

WHEREAS, pursuant to and in accordance with the Act, the City desires to provide funds necessary to finance and

reimburse a portion of the Project by issuing the Bonds; and

WHEREAS, Section 1.150-2 of the Treasury Regulations on Income Tax (collectively, the “Reimbursement

Regulations”) specify conditions under which a reimbursement allocation may be treated as an expenditure of proceeds

of Bonds, and the City intends by this ordinance to qualify amounts advanced by it to the Project for reimbursement from

proceeds of the Bonds in accordance with the requirements of the Reimbursement Regulations; and

WHEREAS, the Act provides that such Bonds may be secured by a trust indenture between an issuer and a corporate

trustee; and

WHEREAS, the City intends to issue the Bonds consistent with the terms of this Ordinance and pursuant to a Trust

Indenture, to be dated as of the first day of the month in which the Bonds are sold or delivered (or such other date as the

officers of the City may hereafter approve) (the “Bond Indenture”), by and between the City and a corporate trustee to

be selected by the City (the “Bond Trustee”), in order to obtain funds necessary to provide for the financing of a portion

of the Project, in accordance with the terms of a Financing Agreement, to be dated the first day of the month in which

the Bonds are sold or delivered (or such other date as the officers of the City may hereafter approve) (the “Financing

Agreement”), by and between the City and Developer with respect to the Bonds and the Project; and

WHEREAS, pursuant to the Financing Agreement, Developer will make certain representations, warranties and

commitments with respect to the Project which will permit the City to derive incremental real property tax revenues from

the Project within the Allocation Area (the “421 N Penn TIF Revenues”), sufficient to pay principal of and interest on

the Bonds, as the same become due and payable, and to pay administrative expenses in connection with the Bonds, as

further described herein; and

WHEREAS, no member of the City-County Council has any pecuniary interest in any employment, financing

agreement or other contract made under the provisions of the Act and related to the Bonds authorized herein, which

pecuniary interest has not been fully disclosed to the City-County Council and no such member has voted on any such

matter, all in accordance with the provisions of Indiana Code 36-7-12-16; and

WHEREAS, there has been submitted to the Commission for its approval forms of the Bond Indenture, the Bonds

and the Financing Agreement (collectively, the “Financing Documents”), and a form of this proposed Ordinance, which

were incorporated by reference in the Commission’s Resolution adopted on July 17, 2019, which Resolution has been

transmitted to the City-County Council; and

WHEREAS, prior to the issuance of the Bonds, the Metropolitan Development Commission of Marion County,

Indiana, acting as the Redevelopment Commission of the City, will pledge eighty percent (80%) of the 421 N Penn TIF

Revenues as the sole payment of interest on and principal of the Bonds (the “Pledged TIF Revenues”); and

WHEREAS, based upon the resolution adopted by the Commission pertaining to the Project, the City-County

Council hereby finds and determines that the financing and reimbursement approved by the Commission for the Project

will be of benefit to the health and general welfare of the citizens of the City, complies with the provisions of the Act and

the amount necessary to finance and reimburse a portion of the costs of the Project will require the issuance, sale and

delivery of one or more series of economic development revenue bonds in an aggregate combined principal amount not

to exceed Nine Million Eight Hundred Fifty-Two Thousand Dollars ($9,852,000); now, therefore:

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. It is hereby found, determined, ratified and confirmed that the financing and reimbursement of the

economic development facilities referred to in the Financing Documents consisting of the Project, the issuance and sale

of the Bonds, and the use of the net proceeds thereof to finance and reimburse a portion of the Project (i) will result in

the diversification of industry, the creation or retention of business opportunities and the creation or retention of

opportunities for gainful employment within the jurisdiction of the City, (ii) will serve a public purpose, and will be of

benefit to the health and general welfare of the City, (iii) complies with the purposes and provisions of the Act and it is

in the public interest that the City take such lawful action as determined to be necessary or desirable to encourage the

diversification of industry, the creation or retention of business opportunities, and the creation or retention of

opportunities for gainful employment within the jurisdiction of the City, and (iv) will not have a material adverse

competitive effect on any similar facilities already constructed or operating in or near the City.

SECTION 2. The forms of the Financing Documents presented herewith are hereby approved and all such documents

shall be kept on file by the Clerk of the City-County Council or City Controller. In compliance with Indiana Code 36-1-

Page 18: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

22

5-4, two (2) copies of the Financing Documents are on file in the office of the Clerk of the City-County Council for

public inspection.

SECTION 3. The City shall issue its Bonds in one or more series, any series of which may be taxable or tax-exempt for

federal income tax purposes, in the maximum aggregate principal amount not to exceed Nine Million Eight Hundred

Fifty-Two Thousand Dollars ($9,852,000), with a maximum term not to exceed twenty-five (25) years from the date of

issuance and with an interest rate of six and one-half percent (6.5%) per annum, for the purpose of procuring funds to

finance the Project and costs of issuance of the Bonds, which Bonds will be payable as to principal and interest solely

from the Pledged TIF Revenues, upon such terms and conditions as otherwise provided in the Financing Documents and

this Ordinance. The Bonds shall never constitute a general obligation of, an indebtedness of, or charge against the general

credit of the City. The Bonds shall be purchased by and delivered to the Developer. The Bonds shall be subject to optional

redemption as set forth in Section 5.1 of the Bond Indenture.

SECTION 4. The City reasonably expects (as defined in Treasury Regulation 1.148-1(b)) to use the proceeds of the Bonds

to reimburse expenditures for the Project as made prior to the completion of the final financing package for said Project (a

“Reimbursement Expenditure”). The City reasonably expects to reimburse each Reimbursement Expenditure with funds made

available as a result of such Bonds and intends that this statement be a declaration of official intent under Treasury Regulation

1.150-2(e). There are no funds from sources other than the Bonds that are, or are reasonably expected to be, reserved, allocated

on a long-term basis, or otherwise set aside of the City or by any member of the same controlled group (as defined in Treasury

Regulation 1.150-1(e)) as the City pursuant to their budget and financial policies with respect to any Reimbursement

Expenditure.

SECTION 5. The Mayor, the Controller and any other officer of the City are authorized and directed to execute the

Financing Documents, such other documents approved or authorized herein and any other document which may be

necessary, appropriate or desirable to consummate the transaction contemplated by the Financing Documents and this

Ordinance, and their execution is hereby confirmed on behalf of the City. The signatures of the Mayor, the Controller

and any other officer of the City on the Bonds which may be necessary or desirable to consummate the transactions, and

their execution is hereby confirmed on behalf of the City. The signatures of the Mayor, the Controller and any other

officer of the City on the Bonds may be facsimile signatures. The Mayor, the Controller and any other officer of the City

are authorized to arrange for the delivery of such Bonds to the purchaser, payment for which will be made in the manner

set forth in the respective Financing Documents. The Mayor, the Controller and any other officer of the City may, by

their execution of the Financing Documents requiring their signatures and imprinting of their facsimile signatures thereon,

approve any and all such changes therein and also in those Financing Documents which do not require the signature of

the Mayor, the Controller or any other officer of the City without further approval of this City-County Council or the

Commission if such changes do not affect terms set forth in Sections 27(a)(1) through and including (a)(10) of the Act.

SECTION 6. The provisions of this Ordinance and the Financing Documents shall constitute a contract binding between

the City and the holder or holders of the Bonds and after the issuance of said Bonds, this Ordinance shall not be repealed

or amended in any respect which would adversely affect the right of such holder or holders so long as said Bonds or the

respective interest thereon remains unpaid.

SECTION 7. The Mayor and the Clerk, or any other officer having responsibility with respect to the issuance of the

Bonds, are authorized and directed, alone or in conjunction with any of the foregoing, or with any other officer, employee,

consultant or agent of the City, to deliver a certificate for inclusion in the transcript of proceedings for the Bonds, setting

forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the Bond proceeds as of

the date of issuance thereof.

SECTION 8. No recourse under or upon any obligation, covenant, acceptance or agreement contained in this ordinance,

the Financing Documents or under any judgment obtained against the City, including without limitation the Commission,

or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute

or otherwise, or under any circumstances, under or independent of the Financing Agreement, shall be had against any

member, director, or officer or attorney, as such, past, present, or future, of the City, including without limitation the

Commission, either directly or through the City, or otherwise, for the payment for or to the City or any receiver thereof

or for or to any holder of the Bonds secured thereby, or otherwise, of any sum that may remain due and unpaid by the

City upon any of such Bonds. Any and all personal liability of every nature, whether at common law or in equity, or by

statute or by constitution or otherwise, of any such member, director, or officer or attorney, as such, to respond by reason

of any act or omission on his or her part or otherwise for, directly or indirectly, the payment for or to the City or any

receiver thereof, or for or to any owner or holder of the Bonds, or otherwise, of any sum that may remain due and unpaid

upon the Bonds hereby secured or any at them, shall be expressly waived and released as a condition of and consideration

for the execution and delivery of the Financing Agreement and the issuance, sale and delivery of the Bonds.

Page 19: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

23

SECTION 9. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for

any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining

provisions of this Ordinance.

SECTION 10. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Ordinance

are, to the extent of such conflict, hereby repealed.

SECTION 11. It is hereby determined that all formal actions of the City-County Council relating to the adoption of this

Ordinance were taken in one or more open meetings of the City-County Council, that all deliberations of the City-County

Council and of its committees, if any, which resulted in formal action, were in meetings open to the public, and that all

such meetings were convened, held and conducted in compliance with applicable legal requirements, including Indiana

Code 5-14-1.5, as amended.

SECTION 12. The Mayor, the Controller, the Clerk and any other officer of the City are hereby authorized and directed,

in the name and on behalf of the City, to execute and deliver such further documents and to take such further actions as

such person deems necessary or desirable to effect the purposes of this Ordinance, and any such documents heretofore

executed and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved.

SECTION 13. This Ordinance shall be in full force and effect upon compliance with Indiana Code 36-3-4-14.

PROPOSAL NO. 311, 2019. Councillor Simpson reported that the Administration and Finance

Committee heard Proposal No. 311, 2019 on August 13, 2019. The proposal, sponsored by

Councillor Simpson, proposes a resolution of the Marion County Local Income Tax Council to

request approval from the department of local government finance to lower the levy freeze tax rate

and to cast the vote of the City-County Council on such resolution. By an 8-0 vote, the Committee

reported the proposal to the Council with the recommendation that it do pass.

CFO Brown stated that they did this same action last year. Due to the property tax freeze, after the

rate was set, they found that they were collecting more in income tax to cover the loss in property

tax revenues. This excess has to go into a stabilization account and can only be spent if they collect

more excess. He said that this proposal will set the rate lower so that they only collect what they

need and are not putting excess into an account that they cannot use.

Councillor Simpson moved, seconded by Councillor Jackson, for adoption. Proposal No. 311, 2019

was adopted on the following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 311, 2019 was retitled SPECIAL RESOLUTION NO. 34, 2019, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 34, 2019

PROPOSAL FOR A SPECIAL RESOLUTION of the City-County Council proposing a resolution of the Marion County

Local Income Tax Council to request approval from the department of local government finance to lower the levy freeze

tax rate and to cast the vote of the City-County Council on such resolution.

WHEREAS, the General Assembly established the expenditure rate component of the local income tax under IC 6-

3.6-6; and

WHEREAS, IC 6-3.6-3-1 established the Marion County Local Income Tax Council; and

WHEREAS, the Local Income Tax Council is composed of the City-County Council of the Consolidated City of

Indianapolis and Marion County, the City Council of Beech Grove, the City Council of the City of Lawrence, the City

Council of the City of Southport, and the Town Council of the Town of Speedway; and

Page 20: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

24

WHEREAS, the Marion County Income Tax Council adopted an ordinance, effective January 1, 2019, which set

the levy freeze tax rate at 0.2575%; and

WHEREAS, pursuant to IC 6-3.6-11-1(b), the tax rate used to provide for a levy freeze shall be part of the certified

shares component of the expenditure tax rate under IC 6-3.6-6; and

WHEREAS, IC 6-3.6-11-1(b) requires approval from the department of local government finance before an adopting

body may lower a levy freeze tax rate; and

WHEREAS, the City-County Council wishes to propose a resolution of the Marion County Local Income Tax

Council to request approval from the department of local government finance to lower the levy freeze tax rate; now,

therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The City-County Council hereby proposes a resolution of the Marion County Local Income Tax Council

pursuant to IC 6-3.6-11-1 and IC 6-3.6-3.

SECTION 2. The City-County Council hereby casts its Ninety-One and Seventy-Three Hundredths (91.73) votes in

favor of the proposed resolution of the Marion County Local Income Tax Council, which resolution is attached hereto

and incorporated herein as “Exhibit A.”

SECTION 3. The Clerk of the Consolidated City of Indianapolis and Marion County hereby is ordered to deliver an

original executed copy of this resolution and the proposed resolution of the Marion County Local Income Tax Council

to the Controller of the Consolidated City of Indianapolis and Marion County forthwith so that the Controller shall deliver

copies of such proposed resolution to other members of the Marion County Local Income Tax Council, namely, the City

Council of the City of Beech Grove, the City Council of the City of Lawrence, the Town Council of the Town of

Speedway, and the City Council of the City of Southport, after receipt from the City Clerk and so that the other members

of the Marion County Local Income Tax Council may, after receipt from the Controller, vote on such proposed resolution;

however, pursuant to IC 6-3.6-3-8(d), the other members need not vote on it.

SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with I.C. 36-34-14.

EXHIBIT A

RESOLUTION TO REQUEST APPROVAL FROM THE DEPARTMENT OF LOCAL GOVERNMENT FINANCE

TO LOWER THE LEVY FREEZE TAX RATE IN MARION COUNTY

WHEREAS the Marion County Local Income Tax Council has determined that a need now exists to lower the levy freeze

tax rate from 0.2575% to 0.2457%, which corresponds to a levy freeze tax reduction in the amount of $2,811,748; and

WHEREAS, the Marion County Local Income Tax Council wishes to increase the certified shares rate equivalent

to the levy freeze tax rate reduction of 0.0118%; and

WHEREAS, in addition to the proposed levy freeze tax rate reduction, the Marion County Local

Income Tax Council intends to freeze the property tax relief rate at a rate similar to the amount allocated in 2019 of

$10,953,192; and

WHEREAS, with respect to the property tax relief rate, the total amount of excess to be allocated in 2020 is

$1,063,237 greater than the amount generated in 2019, which is equivalent to a rate of 0.0045%; and

WHEREAS, pursuant to IC 6-3.6-3-10(b), a local income tax council may pass only one (1) ordinance adopting,

increasing, decreasing, or rescinding a tax in one (1) year; and

WHEREAS, upon approval from the department of local government finance to lower the levy freeze tax rate, the

Council intends to propose an ordinance that would: (1) lower the levy freeze tax rate by 0.0118%; (2) lower the property

tax relief rate by 0.0045%; and (3) increase the certified shares expenditure rate by 0.0163%; and

WHEREAS pursuant to IC 6-3.6-11-1(b), the adopting body must request approval from the department of local

government finance before lowering the levy freeze tax rate; now, therefore:

Page 21: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

25

BE IT RESOLVED BY THE MARION COUNTY LOCAL INCOME TAX COUNCIL:

SECTION 1. The Marion County Local Income Tax Council hereby requests approval from the department of local

government finance to lower the levy freeze tax rate in Marion County pursuant to IC 6-3.6-11-1(b).

SECTION 2. The Controller of the Consolidated City of Indianapolis and Marion County shall send a certified copy of

this resolution to the commissioner of the Department of State Revenue, the director of the Budget Agency, and the

commissioner of the Department of Local Government Finance in an electronic format approved by the director of the

Budget Agency.

SECTION 3. This resolution shall be in full force and effect from and after its passage by the Council and compliance

with IC 36-3-4-14.

PROPOSAL NO. 320, 2019. Councillor Adamson reported that the Public Works Committee

heard Proposal No. 320, 2019 on August 1, 2019. The proposal, sponsored by Councillors Osili

and Adamson, approves an application by Middle Mile Infrastructure, LLC for a public right-of-

way use franchise to install, construct, maintain, repair and operate a proprietary fiber optic network

and to provide shared access to the fiber optic network to the Indiana Department of Transportation.

By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it

do pass.

Councillor Gray said that they should consider making the 25-year payment due to the City for the

use of this property a one-time lump sum payment instead of spreading it out over 25 years.

Councillor Adamson moved, seconded by Councillor Lewis, for adoption. Proposal No. 320, 2019

was adopted on the following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 320, 2019 was retitled SPECIAL ORDINANCE NO. 10, 2019, and reads as follows:

CITY-COUNTY SPECIAL ORDINANCE NO. 10, 2019

PROPOSAL FOR A SPECIAL ORDINANCE granting a franchise for the use and occupation of public rights-of-way for a

fiber optic network.

WHEREAS, Chapter 645, Article II of the Revised Code of the Consolidated City and County, Indianapolis, Marion

County, Indiana authorizes the City-County Council to grant franchises for the use and occupation of public rights-of-way;

WHEREAS, upon the grant of a franchise, the person being granted the franchise must enter into a franchise contract

with the City, which contract must set forth certain minimum requirements, as set forth in Chapter 645, Article II of the Revised

Code; and

WHEREAS, Middle Mile Infrastructure, LLC, a Delaware limited liability company authorized to do business in Indiana

(hereinafter referred to as “MMI”), directly or through one or more subsidiaries or affiliates, maintains and operates a

proprietary fiber optic network throughout the United States; and

WHEREAS, an MMI affiliate, MMI Midwest, LLC, has entered into a Broadband Corridor Access Agreement with the

State of Indiana, by and through the Indiana Department of Transportation, which authorizes the MMI affiliate to install,

construct, maintain, repair and operate fiber optic infrastructure in the right-of-way of Interstate Highway 70; and

WHEREAS, as a part of that agreement, the State of Indiana has specifically delineated rights for shared access to the

fiber optic infrastructure to be installed in the I-70 right-of-way; and

Page 22: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

26

WHEREAS, in order for its fiber optic network to traverse Indiana across portions of I-70, it is necessary for MMI’s fiber

optic infrastructure to exit the interstate right-of-way on the east side of Indianapolis and proceed in public rights-of-way of

Indianapolis to a leased colocation facility at 701 W. Henry St.; and

WHEREAS, accordingly on June 20, 2019 MMI submitted an application for a public rights-of-way use franchise

pursuant to Section 645-222 of the Revised Code to allow it to install, construct, maintain, repair and operate fiber optic

infrastructure in designated public rights-of-way of Indianapolis; has paid the requisite application fee to the Department of

Public Works to review said application; and, has provided all technical information requested by the Department of Public

Works; and

WHEREAS, the Department of Public Works has reviewed MMI’s franchise application, has recommended that a

franchise be granted to MMI for its stated and intended purpose, and has submitted its recommendation in writing to the Clerk

of the Council pursuant to Section 645-223 of the Revised Code; and

WHEREAS, on August 1, 2019, pursuant to Section 645-224 of the Revised Code, the Public Works Committee of the

Council held a public hearing on MMI’s franchise application, after which the Committee determined that a public right-of-

way use franchise should be granted to MMI for its stated and intended purposes; and

WHEREAS, on August 1, 2019, the Council’s Public Works Committee approved the negotiated franchise contract; and

WHEREAS, such franchise contract is submitted by the Public Works Committee herewith for action by the Council;

now, therefore:

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The City-County Council hereby to grants a franchise for the use and occupation of public rights-of-way of

Indianapolis to Middle Mile Infrastructure, LLC to install, construct, maintain, repair and operate fiber optic infrastructure in

designated public rights-of-way of Indianapolis.

SECTION 2. The City-County Council authorizes the Mayor and Director of the Department of Public Works to execute this

franchise agreement on behalf of the Consolidated City of Indianapolis.

SECTION 3. The grant of this franchise, and the operations of Middle Mile Infrastructure, LLC thereunder, shall be subject

to all applicable permits required by the Revised Code, and all applicable federal, state and local laws, statutes, ordinances,

regulations, rules and standards for work in the public rights-of-way and are as applicable to its business operations, equipment

and facilities.

SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Indiana Code §

36-3-4-14.

Councillor Adamson reported that the Public Works Committee heard Proposal Nos. 316-319 and

332, 2019 on August 15, 2019. He asked for consent to vote on Proposal Nos. 317-319 and 332,

2019 together. Consent was given.

PROPOSAL NO. 316, 2019. The proposal, sponsored by Councillor Mascari, authorizes a speed

limit reduction to 30 miles per hour along Shelby Street, between Troy Avenue and Madison

Avenue (District 16). By a 9-1 vote, the Committee reported the proposal to the Council with the

recommendation that it do pass. Councillor Adamson moved, seconded by Councillor Lewis, for

adoption. Proposal No. 316, 2019 was adopted on the following roll call vote; viz:

17 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Graves, Gray, Jackson, Johnson, Lewis,

Mascari, Oliver, Osili, Ray, Robinson, Scales, Simpson

8 NAYS: Fanning, Harris, Holliday, McHenry, McQuillen, Mowery, Shreve, Wesseler

Page 23: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

27

Proposal No. 316, 2019 was retitled GENERAL ORDINANCE NO. 51, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 51, 2019

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the deletion of

the following, to wit:

Shelby Street, from Madison Avenue to Troy Avenue, 40mph.

SECTION 2. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

SECTION 3. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

PROPOSAL NO. 317, 2019. The proposal, sponsored by Councillor Shreve, authorizes

intersection controls at New Jersey Street and Sanders and Orange Streets and Parkway Avenue

(District 16). PROPOSAL NO. 318, 2019. The proposal, sponsored by Councillor McHenry,

authorizes a speed limit reduction to 25 miles per hour in the Liberty Oaks subdivision (District 6).

PROPOSAL NO. 319, 2019. The proposal, sponsored by Councillor McHenry, authorizes a speed

limit reduction to 25 miles per hour in the Gray Meadows subdivision (District 6). PROPOSAL

NO. 332, 2019. The proposal, sponsored by Councillor Shreve, authorizes intersection controls at

Pennsylvania and Kelly Streets (District 16). By 10-0 votes, the Committee reported the proposals

to the Council with the recommendation that they do pass. Councillor Adamson moved, seconded

by Councillor McHenry, for adoption. Proposal Nos. 317-319 and 332, 2019 were adopted on the

following roll call vote; viz:

25 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday,

Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Scales, Shreve, Simpson, Wesseler

0 NAYS:

Proposal No. 317, 2019 was retitled GENERAL ORDINANCE NO. 52, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 52, 2019

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the deletion of the

following, to wit:

Page 24: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

28

Base Map Intersection Preferential Type of Control

32 New Jersey Street

Sanders Street

Sanders Street Stop

32 New Jersey Street

Orange Street

Orange Street Stop

32 New Jersey Street

Parkway Avenue

Parkway Avenue Stop

SECTION 2. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the addition of the

following, to wit:

Base Map Intersection Preferential Type of Control

32 New Jersey Street

Sanders Street

None

All-Way

32 New Jersey Street

Orange Street

None

All-Way

32 New Jersey Street

Parkway Avenue

None

All-Way

SECTION 3. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

SECTION 4. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 5. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

Proposal No. 318, 2019 was retitled GENERAL ORDINANCE NO. 53, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 53, 2019

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the addition of

the following, to wit:

All local streets within the Liberty Oaks platted subdivision, 25mph.

SECTION 2. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

Page 25: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

29

SECTION 3. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

Proposal No. 319, 2019 was retitled GENERAL ORDINANCE NO. 54, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 54, 2019

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the addition of

the following, to wit:

All local streets within the Gray Meadows platted subdivision, 25mph.

SECTION 2. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

SECTION 3. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

Proposal No. 332, 2019 was retitled GENERAL ORDINANCE NO. 55, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 55, 2019

PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the deletion of the

following, to wit:

Base Map Intersection Preferential Type of Control

32 Pennsylvania Street

Kelly Street

Pennsylvania Street Stop

SECTION 2. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the addition of the

following, to wit:

Base Map Intersection Preferential Type of Control

32 Pennsylvania Street None All-Way

Page 26: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

Journal of the City-County Council

30

Kelly Street

SECTION 3. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

SECTION 4. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 5. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

ANNOUNCEMENTS AND ADJOURNMENT

The President said that the docketed agenda for this meeting of the Council having been completed,

the Chair would entertain motions for adjournment.

Councillor McQuillen stated that he had been asked to offer the following motion for adjournment

by:

(1) Councillor Adamson in memory of Leslie Ryan, Shirley A. Brown-Rogester and Gloria

Monsey; and

(2) Councillor Osili in memory of Betty M. Walton, Byron Ratcliffe, Nicholas and Ashlynn

Nelson, Archie McKinney and Marian Spencer; and

(3) Councillor Mowery in memory of John L. Hickey and Marty Griffin; and

(4) Councillor McQuillen in memory of Sergeant Charles Edward Tice; and

(5) Councillor Cordi in memory of Iva Alice Mineer Baker and Coach Larry Willen; and

(6) Councillor Mascari in memory of Norma O'Gara; and

(7) Councillor McHenry in memory of Mike Thackston.

Councillor McQuillen moved the adjournment of this meeting of the Indianapolis City-County

Council in recognition of and respect for the life and contributions of Leslie Ryan, Shirley A.

Brown-Rogester, Gloria Monsey, Betty M. Walton, Byron Ratcliffe, Nicholas, Ashlynn Nelson,

Archie McKinney, Marian Spencer, John L. Hickey, Marty Griffin, Sergeant Charles Edward Tice,

Iva Alice Mineer Baker, Coach Larry Willen, and Norma O'Gara and and Mike Thackston. He

respectfully asked the support of fellow Councillors. He further requested that the motion be made

a part of the permanent records of this body and that a letter bearing the Council seal and the

signature of the President be sent to the families advising of this action.

There being no further business, and upon motion duly made and seconded, the meeting adjourned

at 8:19 p.m.

We hereby certify that the above and foregoing is a full, true and complete record of the proceedings

of the regular concurrent meetings of the City-Council of Indianapolis-Marion County, Indiana,

and Indianapolis Police, Fire and Solid Waste Collection Special Service District Councils on the

9th day of September, 2019.

Page 27: MINUTES OF THE CITY-COUNTY COUNCIL...Journal of the City-County Council 8 retirement as Indiana State Fire Marshall. Councillors Mowery and McQuillen read the proposal and presented

September 9, 2019

31

In Witness Whereof, we have hereunto subscribed our signatures and caused the Seal of the City

of Indianapolis to be affixed.

President

ATTEST:

Clerk of the Council

(SEAL)


Recommended