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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.
Journal of the City-County Council
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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
September 9, 2019
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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
Journal of the City-County Council
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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
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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:
Journal of the City-County Council
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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.
September 9, 2019
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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
Journal of the City-County Council
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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
September 9, 2019
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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
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:
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,
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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.
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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
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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.
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
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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
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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-
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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.
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
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:
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
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
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:
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.
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
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.
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)