MINUTES OF THE CITY-COUNTY COUNCIL … … · PROPOSAL NO. 168, 2018. The proposal, ... SECTION 2. The Council congratulates Lt. Hensley on her years spent serving the Department

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MINUTES OF THE CITY-COUNTY COUNCIL AND

SPECIAL SERVICE DISTRICT COUNCILS OF

INDIANAPOLIS, MARION COUNTY, INDIANA

REGULAR MEETINGS

MONDAY, APRIL 30, 2018 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 7:03 p.m. on Monday, April 30, 2018, with Councillor Osili presiding. Councillor Oliver recognized Pastor Larry Bates, Community Lifeline Church, who led the opening prayer. Councillor Oliver 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:

23 PRESENT: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Holliday, Kreider, Lewis,

Mascari, McHenry, McQuillen, Miller, Mowery, Oliver, Osili, Pfisterer, Ray, Robinson, Scales,

Simpson, Wesseler

2 ABSENT: Jackson, Johnson

A quorum of 23 members being present, the President called the meeting to order.

INTRODUCTION OF GUESTS AND VISITORS

Councillor Pfisterer recognized former City-County Councillor Jackie Nytes, executive director of the Indianapolis-Marion County Public Library; and all the firefighters in attendance from the Indianapolis Fire Department (IFD). Councillor Lewis recognized Pastor and Mrs. Ronald Covington, Friendship Missionary Baptist Church. Councillor Oliver recognized Pastors Tim Lindsey, Matt Barnes, and Carl Herbstedt, who lead a prayer caucus in the building. Councillor Ray introduced his oldest son Aiden. Councillor Coats stated that he spoke earlier with president of the Firefighters Union, Local 416, Hank Harris, who reported the death of Lawrence firefighter Jeff Holt, who passed while on duty this morning. He asked for a moment of silence to remember Mr. Holt and his loved ones. Councillor Oliver recognized Pastor Larry Bates’ wife, Cynthia Bates.

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, April 30, 2018, 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

April 20, 2018 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: GENERAL ORDINANCE NO. 19, 2018 – requires the administration and operation of the county jail facilities be non-privatized beginning in 2023 GENERAL ORDINANCE NO. 20, 2018 – authorizes intersection controls at Keystone Lakes Drive and Way and Villa Avenue (District 21) GENERAL ORDINANCE NO. 21, 2018 – authorizes a speed limit reduction of 25 miles per hour in the Meridian Meadows subdivision (District 23) GENERAL ORDINANCE NO. 22, 2018 – authorizes parking restrictions on Georgia Street between Capitol Avenue and Pennsylvania Street (District 16) GENERAL ORDINANCE NO. 23, 2018 – amends the Code to split the community affairs and education committee into two separate committees GENERAL RESOLUTION NO. 6, 2018 – authorizes the Metropolitan Development Commission and the Department of Metropolitan Development to execute debt obligation in an amount not to exceed $4,575,000 to be used for infrastructure improvements to facilitate redevelopment in the Central State Allocation Area, as a part of the Section 108 loan guarantee program, and appropriates the proceeds GENERAL RESOLUTION NO. 7, 2018 – authorizes the Metropolitan Development Commission and the Department of Metropolitan Development to execute debt obligation in an amount not to exceed $5,000,000 to be used for infrastructure improvements to facilitate redevelopment in the Fall Creek/Citizens' Consolidated Redevelopment Allocation Area (Monon 16 Infrastructure), as a part of the Section 108 loan guarantee program, and appropriates the proceeds GENERAL RESOLUTION NO. 8, 2018 – authorizes the Metropolitan Development Commission and the Department of Metropolitan Development to execute debt obligation in an amount not to exceed $1,750,000 to be loaned to Adult and Child Residential Properties, LLC, as a Section 108 loan guarantee applicant, for the acquisition of three apartment buildings and related costs to develop affordable rental housing and permanent supportive housing SPECIAL RESOLUTION NO. 7, 2018 – recognizes the Warren Central Warrior Girls Basketball Team as the 2017-18 IHSAA Class 4A Girls Basketball State Champions SPECIAL RESOLUTION NO. 8, 2018 – recognizes the Warren Central Warrior Boys Basketball Team as the 2017-18 IHSAA Class 4A Boys Basketball State Champions SPECIAL RESOLUTION NO. 9, 2018 – recognizes the Warren Central High School Special Olympics Basketball Champions SPECIAL RESOLUTION NO. 10, 2018 – honors Telecommunicators, more commonly referred to as Public Safety Dispatchers

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SPECIAL RESOLUTION NO. 11, 2018 - recognizes the inspirational and commemorative ceremony held on April 4, 2018 by the Kennedy King Memorial Initiative s/Joseph H. Hogsett, Mayor

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 April 9, 2018. There being no additions or corrections, the minutes were approved as distributed. PRESENTATION OF PETITIONS, MEMORIALS, SPECIAL RESOLUTIONS, AND

COUNCIL RESOLUTIONS PROPOSAL NO. 168, 2018. The proposal, sponsored by Councillors Adamson, Gray and Oliver, recognizes retired Indianapolis Fire Department Lieutenant Charles E. Smith. Councillor Adamson moved, seconded by Councillor Gray, to postpone Proposal No. 168, 2018. Proposal No. 168, 2018 was postponed by a unanimous voice vote. PROPOSAL NO. 188, 2018. The proposal, sponsored by Councillors Lewis, McQuillen, Osili, Adamson and Oliver, recognizes NaTrina DeBow for over 12 years of dedicated service to the City-County Council. Councillor Lewis read the proposal and presented Ms. DeBow with a copy of the document and a Council pin. Councillor Oliver presented Ms. DeBow with a token of the Council’s appreciation. Ms. DeBow thanked the Council for the recognition. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 188, 2018 was adopted by a unanimous voice vote. Proposal No. 188, 2018 was retitled SPECIAL RESOLUTION NO. 12, 2018, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 12, 2018 A SPECIAL RESOLUTION recognizing former Clerk of the Council, NaTrina DeBow, for over 12 years of dedicated service to the City-County Council. WHEREAS, NaTrina DeBow began her employment with the City-County Council on May 31, 2005, as the Constituent Services and Special Projects Director, and earned her Bachelor’s Degree in Business Administration and Master’s Degree in Accounting while working with the Council; and WHEREAS, Ms. DeBow increased her professional growth and knowledge in public administration and transitioned to the Assistant Clerk of Personnel and Finance, and also served as the Clerk of the Administration and Finance, Economic Development, Public Works, Public Safety and Criminal Justice, and Rules and Public Policy Committees; and WHEREAS, recognized for her exceptional leadership, proficiency and attention to detail, unwavering work ethic and passion for helping others, the Council elected Ms. DeBow on January 9, 2012, as Clerk of the Council, making her the first African American woman to serve in this position; and WHEREAS, during her tenure as Council Clerk, Ms. DeBow exhibited profound professionalism in working with Councillors, Elected Officials, and City-County agency leaders and staff, as well as with many other community businesses and organizations. She demonstrated innovative thinking in spearheading the development and implementation of the Council’s new voting and legislative management systems, and consistently exemplified servant


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leadership, as she worked with Council staff to ensure that the needs of Councillors, constituents and visitors were efficiently and effectively addressed in a timely manner; and WHEREAS, after nearly 13 years with the City-County Council, six of which were served as Clerk of the Council, Ms. DeBow transitioned to a new role in public service that will further her professional development and afford her valuable time with her husband and four children; 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 proudly recognizes NaTrina DeBow for over 12 years of dedicated and immeasurable service to the City-County Council, the City-County enterprise, and the City of Indianapolis. SECTION 2. The Council wholeheartedly thanks Ms. DeBow for her diligence and although she has not gone far, her daily presence in the Council Office will be missed. 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. 189, 2018. The proposal, sponsored by Councillors Scales and Pfisterer, recognizes the achievements and career of Lt. Bonnie Hensley upon her retirement from the Indianapolis Fire Department. Councillor Scales read the proposal and presented Lt. Hensley with a copy of the document and a Council pin. Lt. Hensley and president of the Professional Firefighters of Indiana, Tom Hanify, thanked the Council for the recognition. Councillor Gray presented Lt. Hensley with a bouquet of roses. Councillor Scales moved, seconded by Councillor Pfisterer, for adoption. Proposal No. 189, 2018 was adopted by a unanimous voice vote. Proposal No. 189, 2018 was retitled SPECIAL RESOLUTION NO. 13, 2018, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 13, 2018

A SPECIAL RESOLUTION recognizing the achievements and career of Lt. Bonnie Hensley upon her retirement from the Indianapolis Fire Department.

WHEREAS, Lt. Hensley was hired within the first five years that IFD began hiring female firefighters. On May 8, 2018, Lt. Hensley will retire from the Department with the distinction as the longest serving female in a male-dominated profession and department; and

WHEREAS, Lt. Hensley began her firefighting career in 1983 after having graduated from DePauw University. Lt.

Hensley’s firefighting career has been a distinguished one, filled with accomplishments and recognition for outstanding service; and

WHEREAS, Lt. Hensley worked many years as a frontline firefighter. She also served in several executive

capacities such as Director of The Survive Alive program, as a Public Information Officer, helped organize and execute details needed to host 35,000 attendees visiting the annual Firefighter Department Instructor’s Conference held annually in Indianapolis, and served in executive level positions with the Indianapolis Professional Firefighter’s Union Local 416; and

WHEREAS, the excellence with which Lt. Hensley performed these responsibilities merited recognition through

the bestowing of honors. In 2002, the hospitality industry and Indiana Convention & Visitors Bureau awarded Lt. Hensley the Rose Award for Service Excellence. Lt. Hensley’s organizational skills and friendly Hoosier Hospitality also earned her the FDIC’s prestigious Service Award; 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 proudly recognizes Lt. Bonnie Hensley for her 35 years of service to the Indianapolis Fire Department.

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SECTION 2. The Council congratulates Lt. Hensley on her years spent serving the Department and her community and for the example she set and the path she forged for other women when female firefighters were few. 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 IC36-3-4-14.

Councillor Gray reported that the Municipal Corporations Committee heard Proposal Nos. 69 and 92, 2018 on April 11, 2018. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 69, 2018. The proposal, sponsored by Councillor Gray, reappoints T.D. Robinson to the Indianapolis-Marion County Public Library Board of Trustees. By an 8-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. PROPOSAL NO. 92, 2018. The proposal, sponsored by Councillors Osili and Gray, reappoints Maggie Lewis to the Capital Improvement Board of Managers. By 8-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Gray made the following motion:

Mr. President: I move to amend Section 2 of Proposal No. 69, 2018, to change the term ending date, by deleting the language that is stricken through and adding the language that is underlined, to read as follows: SECTION 2. The reappointment made by this resolution is for a term ending December 31, 2017 December 31, 2021 pursuant to IC 36-12-2-16 and IC 36-12-2-18. The person appointed by this resolution shall serve at the pleasure of the Council and until his or her successor is appointed and qualifies, unless the duration of the holdover period for this office is limited by statute.

Councillor McQuillen seconded the motion, and Proposal No. 69, 2018 was amended on the following roll call vote; viz:

23 YEAS: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Holliday, Kreider, Lewis,


Simpson, Wesseler

0 NAYS:


Councillor Gray moved, seconded by Councillor Adamson, for adoption. Proposal Nos. 69 and 92, 2018 were adopted on the following roll call vote; viz:

22 YEAS: Adamson, Coats, Cordi, Evans, Fanning, Gray, Holliday, Kreider, Lewis, Mascari,

McHenry, McQuillen, Miller, Mowery, Oliver, Osili, Pfisterer, Ray, Robinson, Scales, Simpson,

Wesseler

1 NAY: Clay


Proposal No. 69, 2018, as amended, was retitled COUNCIL RESOLUTION NO. 52, 2018, and reads as follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 52, 2018 A COUNCIL RESOLUTION reappointing Rev. T.D. Robinson to the Indianapolis-Marion County Public Library Board of Trustees.


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SECTION 1. As a member of the Indianapolis-Marion County Public Library Board of Trustees, the Council reappoints:

Rev. T.D. Robinson SECTION 2. The reappointment made by this resolution is for a term ending December 31, 2021 pursuant to IC 36-12-2-16 and IC 36-12-2-18. The person appointed by this resolution shall serve at the pleasure of the Council and until his or her successor is appointed and qualifies, unless the duration of the holdover period for this office is limited by statute.

Proposal No. 92, 2018 was retitled COUNCIL RESOLUTION NO. 53, 2018, and reads as follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 53, 2018 A COUNCIL RESOLUTION reappointing Maggie Lewis to the Capital Improvement Board of Managers.


SECTION 1. As a member of the Capital Improvement Board of Managers, the Council reappoints:

Maggie Lewis SECTION 2. The reappointment made by this resolution is for a term ending on January 14, 2020. The person appointed by this resolution shall serve at the pleasure of the Council or until a successor is appointed and qualified.

PROPOSAL NO. 113, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 113, 2018 on April 23, 2018. The proposal, sponsored by Councillor Adamson, appoints Lora Teagarden to the Woodruff Place Economic Improvement Board. By an 8-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 113, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY COUNCIL RESOLUTION NO. 54, 2018 A COUNCIL RESOLUTION appointing Lora Teagarden to the Woodruff Place Economic Improvement Board.


SECTION 1. As a member of the Woodruff Place Economic Improvement Board, the Council appoints:

Lora Teagarden SECTION 2. The appointment made by this resolution is for a term ending December 31, 2020. The person appointed by this resolution shall serve at the pleasure of the Council until his or her successor is appointed and qualifies.

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Councillor Lewis reported that the Rules and Public Policy Committee heard Proposal Nos. 132-134, 2018 on April 24, 2018. She asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 132, 2018. The proposal, sponsored by Councillor Osili, confirms the Mayor's appointment nomination of Craig Hartzer to the City-County Ethics Commission. PROPOSAL NO. 133, 2018. The proposal, sponsored by Councillor Osili, confirms the Mayor's appointment nomination of Matt Kochevar to the City-County Ethics Commission. PROPOSAL NO. 134, 2018. The proposal, sponsored by Councillor Osili, confirms the Mayor's appointment nomination of Dennis Lee to the City-County Ethics Commission. By 8-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Lewis moved, seconded by Councillor Robinson, for adoption. Proposal Nos. 132-134, 2018 were adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY COUNCIL RESOLUTION NO. 55, 2018 A COUNCIL RESOLUTION confirming Mayor Joseph H. Hogsett’s appointment nomination of Craig Hartzer to the City-County Ethics Commission.

WHEREAS, pursuant to Sec. 293-332 of the “Revised Code of the Consolidated City and County,” a City-County

Ethics Board nomination is subject to confirmation by the City-County Council; and WHEREAS, each appointment after the initial appointments shall be for a term of three (3) years ending on

December 31; and

WHEREAS, the Office of the Mayor has submitted to this Council the name of Craig Hartzer to serve a term as a member of the City-County Ethics Commission; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA:

SECTION 1. Craig Hartzer is hereby confirmed by the City-County Council to serve as a member of City-County Ethics Commission. SECTION 2. Craig Hartzer’s term shall commence upon the passage of this resolution and expire on December 31, 2020, unless otherwise removed by the City-County Council under § 293-332(d). SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Ind. Code § 36-3-4-14.


CITY-COUNTY COUNCIL RESOLUTION NO. 56, 2018 A COUNCIL RESOLUTION confirming Mayor Joseph H. Hogsett’s appointment nomination of Matt Kochevar to the City-County Ethics Commission.


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WHEREAS, pursuant to Sec. 293-332 of the “Revised Code of the Consolidated City and County,” a City-County Ethics Board nomination is subject to confirmation by the City-County Council; and

WHEREAS, each appointment after the initial appointments shall be for a term of three (3) years ending on

December 31; and

WHEREAS, the Office of the Mayor has submitted to this Council the name of Matt Kochevar to serve a term as a member of the City-County Ethics Commission; now, therefore:


SECTION 1. Matt Kochevar is hereby confirmed by the City-County Council to serve as a member of City-County Ethics Commission. SECTION 2. Matt Kochevar’s term shall commence upon the passage of this resolution and expire on December 31, 2020, unless otherwise removed by the City-County Council under § 293-332(d). SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Ind. Code § 36-3-4-14.


CITY-COUNTY COUNCIL RESOLUTION NO. 57, 2018 A COUNCIL RESOLUTION confirming Mayor Joseph H. Hogsett’s appointment nomination of Dennis Lee to the City-County Ethics Commission.

WHEREAS, pursuant to Sec. 293-332 of the “Revised Code of the Consolidated City and County,” a City-County

Ethics Board nomination is subject to confirmation by the City-County Council; and WHEREAS, each appointment after the initial appointments shall be for a term of three (3) years ending on

December 31; and

WHEREAS, the Office of the Mayor has submitted to this Council the name of Dennis Lee to serve a term as a member of the City-County Ethics Commission; now, therefore:


SECTION 1. Dennis Lee is hereby confirmed by the City-County Council to serve as a member of City-County Ethics Commission. SECTION 2. Dennis Lee’s term shall commence upon the passage of this resolution and expire on December 31, 2020, unless otherwise removed by the City-County Council under § 293-332(d). SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Ind. Code § 36-3-4-14.

PROPOSAL NO. 147, 2018. Councillor Robinson reported that the Public Safety and Criminal Justice Committee heard Proposal No. 147, 2018 on April 18, 2018. The proposal, sponsored by Councillor Robinson, appoints Gregory A. Stowers, Jr. to the Board of Public Health and Safety. 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. 147, 2018 was adopted on the following roll call vote; viz:

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Simpson, Wesseler

0 NAYS:



CITY-COUNTY COUNCIL RESOLUTION NO. 58, 2018 A COUNCIL RESOLUTION appointing Gregory A. Stowers, Jr. to the Board of Public Health and Safety.


SECTION 1. As a member of the Board of Public Health and Safety, the Council appoints:

Gregory A. Stowers, Jr. SECTION 2. The appointment made by this resolution is for a term ending December 31, 2018. The person appointed by this resolution shall serve at the pleasure of the Council and until a successor is appointed and qualified, unless the duration of the holdover period for this office is limited by statute.

PROPOSAL NO. 150, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 150, 2018 on April 23, 2018. The proposal, sponsored by Councillor Osili, appoints Alpha Blackburn to the Metropolitan Development Commission. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 150, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY COUNCIL RESOLUTION NO. 59, 2018 A COUNCIL RESOLUTION appointing Alpha Blackburn to the Metropolitan Development Commission.


SECTION 1. As a member of the Metropolitan Development Commission, the Council appoints:

Alpha Blackburn SECTION 2. The appointment made by this resolution is for a term ending December 31, 2018. The person appointed by this resolution shall serve at the pleasure of the Council and for ninety (90) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


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INTRODUCTION OF PROPOSALS

PROPOSAL NO. 151, 2018. Introduced by Councillor Simpson. The Clerk read the proposal entitled: "A Proposal for a Special Resolution which determines the need to lease 67,177 square feet of space at 151 N. Delaware Street for use by the Marion County Public Defender Agency"; and the President referred it to the Administration and Finance Committee. PROPOSAL NO. 152, 2018. Introduced by Councillor Adamson. The Clerk read the proposal entitled: "A Proposal for a General Resolution which approves the statement of benefits for Markey's Audio Visual, Inc. to allow tax abatement for property located in an economic revitalization area"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 153, 2018. Introduced by Councillor Scales. The Clerk read the proposal entitled: "A Proposal for a General Resolution which amends the declaratory resolution for the 96th Street/Castleton economic development area and allocation area by removing certain real estate from the allocation area "; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 154, 2018. Introduced by Councillor Scales. The Clerk read the proposal entitled: "A Proposal for a General Resolution which amends the declaratory resolution for the 96th Street/Castleton economic development area and plan to create a new allocation area within the economic development area"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 155, 2018. Introduced by Councillor Lewis. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends portions of the Code to clarify and correct errors in the language of the consolidated zoning and subdivision control ordinance"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 156, 2018. Introduced by Councillor Robinson. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves a transfer and additional appropriation of $180,000 each in the 2018 Budget of the Marion County Sheriff's Department (County General and Cumulative Capital Improvement Funds) to purchase two body scanners"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 157, 2018. Introduced by Councillor Robinson. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves transfers of appropriations totaling $437,500 in the 2018 Budget of the Marion County Community Corrections Agency (County General and State Grants Funds) to purchase supplies and equipment for the Duvall Residential work release facility"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 158, 2018. Introduced by Councillor Kreider. The Clerk read the proposal entitled: "A Proposal for a Special Ordinance which approves an interlocal cooperation agreement between the City of Indianapolis and the City of Greenwood for the financing, design, construction and improvement to the intersection of County Line Road and Madison Avenue "; and the President referred it to the Public Works Committee. PROPOSAL NO. 159, 2018. Introduced by Councillors McHenry and Lewis. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction

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to 25 miles per hour in various subdivisions within the Eagledale area bounded by Lafayette Road, 38th Street, High School Road and 25th Street (Districts 6,10)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 160, 2018. Introduced by Councillor Cordi. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Chesterhill Way and Lane; St. Clifford Court and Drive; and Sotheby Drive (District 18)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 161, 2018. Introduced by Councillor Fanning. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Burlington Avenue and Douglas Road (District 2)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 162, 2018. Introduced by Councillor Fanning. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction to 25 miles per hour in the Dawnbury neighborhood (District 2)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 163, 2018. Introduced by Councillor Adamson. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Dearborn Street and 28th Street (District 17)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 164, 2018. Introduced by Councillor Jackson. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls on Arapahoe Drive at Blackfoot Drive and Lonewolf Drive East and West (District 14)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 165, 2018. Introduced by Councillor McHenry. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes parking restrictions in The Islands subdivision (District 6)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 166, 2018. Introduced by Councillor Oliver. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Woodland Avenue and Fairfield Avenue (District 9)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 167, 2018. Introduced by Councillors Holliday and Evans. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints Amanda Gilliland to the Citizens Advisory Committee for Decatur Township Comprehensive Plan"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 187, 2018. Introduced by Councillor Johnson. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends the Code to reflect the creation of a new education committee as a standing committee of the council with regard to oversight of the Indianapolis Pre-K Program"; and the President referred it to the Education Committee.

SPECIAL ORDERS - PRIORITY BUSINESS

PROPOSAL NO. 169, 2018, PROPOSAL NOS. 170-179, 2018 and PROPOSAL NOS. 180-186, 2018. Introduced by Councillor Lewis. Proposal No. 169, 2018, Proposal Nos. 170-179, 2018 and


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Proposal Nos. 180-186, 2018 are proposals for Rezoning Ordinances certified for approval by the Metropolitan Development Commission on April 19, 2018. 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. 34-52, 2018, the original copies of which ordinances are on file with the Metropolitan Development Commission, which were certified as follows:

REZONING ORDINANCE NO. 34, 2018. 2017-ZON-050 (AMENDED) 7021 SOUTH FRANKLIN ROAD AND 8750 EAST MCGREGOR ROAD (APPROXIMATE ADDRESSES) FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25 BEAZER HOMES, INDIANA, LLP, by Joseph D. Calderon Rezoning of 81.801 acres from the D-A district to the D-P classification to provide for 205 lots, consisting of 205 single-family dwelling lots, for a density of 2.54 units per acre. REZONING ORDINANCE NO. 35, 2018. 2017-ZON-088 (2nd Amendment) 4903 AND 4909 WEST WASHINGTON STREET (APPROXIMATE ADDRESSES) WAYNE TOWNSHIP, COUNCIL DISTRICT #22 AFRICAN AUTO SALES AND SERVICE LLC, by David E. Dearing Rezoning of 3.78 acres from the C-S district to the C-3 classification. REZONING ORDINANCE NO. 36, 2018. 2018-ZON-003 7364 SOUTH ARLINGTON AVENUE (APPROXIMATE ADDRESS) FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25 GOBIND MARG SOCIETY INDIANAPOLIS, INC., by John J. Moore Rezoning of 10.21 acres, from the D-A district, to the SU-1 classification to provide for religious uses, including, but not limited to a church, school and recreation areas. REZONING ORDINANCE NO. 37, 2018. 4172, 4174 AND 4186 BROADWAY STREET (APPROXIMATE ADDRESSES) WASHINGTON TOWNSHIP, COUNCIL DISTRICT #7 42ND STREET REALTY, LLC, by Brian J. Tuohy Rezoning of 0.68 acre from the SU-37 (W-5) and SU-38 (W-5) districts to the SU-2 (W-5) classification to provide for a school. REZONING ORDINANCE NO. 38, 2018. 2018-ZON-011 6038 NORTH KEYSTONE AVENUE (APPROXIMATE ADDRESS) WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2 TUBLINER ALTERNATIVE, LLC, by Steve O’Reilley Rezoning of 0.24 acre, from the D-3 and C-1 Districts, to the C-1 classification. REZONING ORDINANCE NO. 39, 2018. 2018-ZON-012 1901 AND 1909 YANDES STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 KING PARK DEVELOPMENT ASSOCIATION, by Danielle Smith Rezoning of 0.31 acre, from the C-3 District, to the D-8 classification. REZONING ORDINANCE NO. 40, 2018. 2018-ZON-013 1136 AND 1138 EAST 19TH STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 DANIELLE SMITH Rezoning of 0.116 acre, from the C-3 District, to the D-8 classification.

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REZONING ORDINANCE NO. 41, 2018. 2018-ZON-014 1665 AND 1709 SOUTH MERIDIAN STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #16 PEOPLE OF PRAISE, INC., by David Kingen and Justin Kingen Rezoning of 0.50 acre, from the D-8 and C-1 Districts, to the MU-2 classification. REZONING ORDINANCE NO. 42, 2018. 2018-ZON-016 5824, 5830, 5834 AND 5840 EVANSTON AVENUE (APPROXIMATE ADDRESSES) RWASHINGTON TOWNSHIP, COUNCIL DISTRICT #9 ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS PROPERTIES, by Russell L. Brown Rezoning of 0.8 acre, from the D-4 districts, to the SU-2 classification. REZONING ORDINANCE NO. 43, 2018. 2017-CZN-843 1402, 1406, 1409, 1411, 1430, 1436, 1443 AND 1446 ROOSEVELT AVENUE 1423 AND 1427 DR. A.J. BROWN AVENUE AND 1420 NEWMAN STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 STENZ CORPORATION, by Mary E. Solada Rezoning of 4.14 acres from the I-4 and C-3 Districts to the C-S classification to provide for a mixed-use development, including office, light industrial, restaurant, charter school and/or recreational uses. REZONING ORDINANCE NO. 44, 2018. 2018-CZN-802 1302, 1304, 1310 AND 1320 COLUMBIA AVENUE (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 HEATH PROPERTIES, LLC, by David Kingen and Justin Kingen Rezoning of 0.81 acre from the D-8 and C-3 districts to the I-3 classification. REZONING ORDINANCE NO. 45, 2018. 2018-ZON-010 529 (aka 531), 533, 539, 541, 543, 545, 551, 552, 555, 557, 562, 563, 565, 602-604, 618, 622, 626, 630 AND 630 ½, 806, 938 AND PART OF 946 HIGHLAND AVENUE; 522, 546-548, 550, 812, 936-938, 940-942, 948-950 ORIENTAL AVENUE; 1214 EAST 9TH STREET; 1130 AND 1204-1208 POLK STREET; 1306 AND 1322 EAST ST. CLAIR STREET; 1116 EAST NORTH STREET; AND 547 DORMAN STREET (3 parcels) (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 METROPOLITAN DEVELOPMENT COMMISSION-CITY OF INDIANAPOLIS, by Olubunmi Ijose Rezoning of three acres from the I-3 District to the D-8 classification. REZONING ORDINANCE NO. 46, 2018. 2018-ZON-019 3005 AND 3029 EAST WASHINGTON STREET AND 101 SOUTH PARKER AVENUE (APPROXIMATE ADDRESS) CENTER TOWNSHIP, COUNCIL DISTRICT #17 CITY OF INDIANAPOLIS METROPOLITAN DEVELOPMENT COMMISSION, by Marci Reddick Rezoning of 3.97 acres from the I-3 District to the C-S classification to provide for schools, offices, health care facilities, community center, artisan food and beverage, light retail, warehousing, research and development, gym and recreational facility, game courts, soccer, football field, banquet/event center, multi-family residential and farmer’s market. REZONING ORDINANCE NO. 47, 2018. 2018-ZON-020 3201, 3231, 3243 NORTH MERIDIAN STREET, 3216, 3224, 3256 AND 3264 NORTH PENNSYLVANIA STREET AND 32 EAST 32ND STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #9 ST. RICHARD’S EPISCOPAL SCHOOL, INC., by Erick Ponader Rezoning of 6.46 acres from the D-5, D-9, HD-2, SU-1 and SU-7 districts to the SU-1 classification.


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REZONING ORDINANCE NO. 48, 2018. 2018-ZON-023 2801 MOORE AVENUE AND 101 SOUTH PARKER AVENUE (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #12 CITY OF INDIANAPOLIS METROPOLITAN DEVELOPMENT COMMISSION, by Marci Reddick Rezoning of 4.69 acres, from the I-3 district to the C-S classification to provide for Schools; Offices; Light and artisan manufacturing; Non-traditional agriculture; Indoor agriculture; Greenhouse; Hydroponic farming; Farmer’s Market; Community-supported agriculture; Processing and packaging of food and beverages, related to community-supported agriculture; Health care facility; Community center; Artisan food and beverage; Dry-cleaning drop-off; Laundromat; Light retail; Research and development; Warehousing; Gym/recreation facility; Game courts/soccer/football field; Banquet/Event Center; and Multi-family residential. REZONING ORDINANCE NO. 49, 2018. 2018-ZON-024 4825 WEST 79TH STREET (APPROXIMATE ADDRESS) PIKE TOWNSHIP, COUNCIL DISTRICT #1 BLACK DOG PROPERTIES, LLC, by Jeffrey M. Bellamy Rezoning of 3.88 acres from the C-S (FW) (FF) district to the C-S (FW) (FF) classification or provide for a custom fabrication CNC machine shop providing for the job-based manufacture, design and finishing services for racing, manufacturing, and defense clients. REZONING ORDINANCE NO. 50, 2018. 2018-ZON-026 3741 NORTH SHADELAND AVENUE (APPROXIMATE ADDRESS) WARREN TOWNSHIP, COUNCIL DISTRICT #13 2B MANAGEMENT, LLC, by Sarah Walters Rezoning of 0.55 acre from the C-3 district to the C-4 classification. REZONING ORDINANCE NO. 51, 2018. 2018-ZON-027 2255 AND 2259 NORTH RALSTON AVENUE (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 EDNA MARTIN CC HOLDINGS, LLC, by Alex Beatty Rezoning of 13.13 acres from the SU-16 and I-3 districts to the SU-7 classification to provide for an adult and child day care center, with building additions and urban gardens.

SPECIAL ORDERS - PUBLIC HEARING

PROPOSAL NO. 117, 2018. Councillor Gray reported that the Municipal Corporation Committee heard Proposal No. 117, 2018 on April 11, 2018. The proposal, sponsored by Councillors Lewis, Gray, McHenry, McQuillen and Adamson, approves the appropriation of proceeds and investment earnings of the Indianapolis-Marion County Public Library's general obligation bonds in an original aggregate principal amount not to exceed $5,000,000 for the purpose of financing all or any portion of the 2018 AHS/ILS and Multi-Facility Improvement Project. By a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. The President called for public testimony at 7:43 p.m. There being no one present to testify, Councillor Gray moved, seconded by Councillor McQuillen, for adoption. Proposal No. 117, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:


April 30, 2018

19

Proposal No. 117, 2018 was retitled GENERAL ORDINANCE NO. 24, 2018, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 24, 2018

A GENERAL ORDINANCE approving the appropriation of proceeds and investment earnings thereon of “Indianapolis-Marion County Public Library General Obligation Bonds, Series 2018A” in an original aggregate principal amount not to exceed Five Million Dollars ($5,000,000) for the purpose of financing all or any portion of the 2018 AHS/ILS and Multi-Facility Improvement Project.

WHEREAS, on March 26, 2018, the Library Board (the “Library Board”) of the Indianapolis-Marion County Public Library, Indiana (the “Public Library”) adopted Resolution 9-2018 (the “2018 AHS/ILS and Multi-Facility Improvement Project Resolution”) authorizing the issuance of one or more series of general obligation bonds of the Public Library to be designated as the “Indianapolis-Marion County Public Library General Obligation Bonds, Series 2018A” (collectively, the “2018 AHS/ILS and Multi-Facility Improvement Project Bonds”), in original aggregate principal amount not to exceed Five Million Dollars ($5,000,000), for the purpose of procuring funds to pay for (i) the installation of automated materials handling system equipment in one or more of the facilities operated by the Public Library, including, but not necessarily limited to, the Central Library, the Southport Library Branch, the Michigan Road Library Branch, the West Perry Library Branch and the Lawrence Township Branch, (ii) the purchase and implementation of a new Integrated Library System which will replace the existing Integrated Library System operated by the Public Library, (iii) the purchase of all or a portion of the initial collection for one or more of the new branches that have been, or will be, constructed by the Public Library, including, but not necessarily limited to, the Brightwood Branch Library, the Michigan Road Branch Library and the Eagle Branch Library, (iv) the replacement of window flashing at the existing Library Services Center, (v) other miscellaneous facility improvement or system enhancement projects in connection with the services provided, or to be provided, by the Public Library or in connection with the buildings operated by the Public Library, (vi) one or more projects related to any portion of the projects listed in clause (i) through and including (v), and (vii) the payment of all of the costs related to any of the foregoing projects, including, but not limited to, the costs of issuance related to the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds (clauses (i) through and including (vii), collectively, the “2018 AHS/ILS and Multi-Facility Improvement Project”); and

WHEREAS, on March 26, 2018, the Library Board adopted Resolution 10-2018, appropriating a sum not to exceed

Five million Dollars ($5,000,000), out of the proceeds of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds, together with all investment earnings thereon, for the purpose of paying the costs of the 2018 AHS/ILS and Multi-Facility Improvement Project; and

WHEREAS, the Library Board has requested the approval of the City-County Council, pursuant to IC 6-1.1-18-5(j),

of the approval of the additional appropriation of the proceeds of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds and investment earnings thereon in an amount not to exceed $5,000,000 for the 2018 AHS/ILS and Multi-Facility Improvement Project, and the City-County Council now finds that the appropriation set forth above should be approved; and

WHEREAS, notice of a hearing on said appropriation has been published as required by law; and WHEREAS, such public hearing on said appropriation has been held on the date hereof at this location and prior to

consideration of this Ordinance at which all taxpayers and interested persons had an opportunity to appear and express their views as to such additional appropriation; 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 does hereby approve the appropriation of a sum not to exceed Five Million Dollars ($5,000,000) out of the proceeds of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds together with all investment earnings (the “2018 AHS/ILS and Multi-Facility Improvement Project Appropriation”), all of which sum shall be for the use of the Public Library in paying the costs of the 2018 AHS/ILS and Multi-Facility Improvement Project. SECTION 2. The 2018 AHS/ILS and Multi-Facility Improvement Project Appropriation shall be in addition to all appropriations provided for in the existing budget and levy of the Public Library, and shall continue in effect until the completion of the 2018 AHS/ILS and Multi-Facility Improvement Project. Any surplus of such proceeds shall be credited to the proper fund as required by law.


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SECTION 3. Any and all prior actions taken by any officer of the Public Library, the City or any member of the Library Board or the City-County Council in connection and consistent with this Ordinance, including, but not limited to, publication of the notice of the public hearing held on the date hereof, is hereby ratified and approved. SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14, 36-3-4-

15, 36-3-4-16 and 36-3-4-17.

SPECIAL ORDERS - FINAL ADOPTION

PROPOSAL NO. 114, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 114, 2018 on April 23, 2018. The proposal, sponsored by Councillor Lewis, approves transfers totalling $1,270,000 in the 2018 Budget of the Department of Business and Neighborhood Services (Consolidated County Fund) to purchase and equip 50 vehicles. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 114, 2018 was adopted on the following roll call vote; viz:

22 YEAS: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Kreider, Lewis, Mascari,


Wesseler

1 NAY: Holliday


Proposal No. 114, 2018 was retitled FISCAL ORDINANCE NO. 4, 2018, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 4, 2018

A FISCAL ORDINANCE amending the City-County Annual Budget for 2018 (City-County Fiscal Ordinance No. 26, 2017) by the transfer of appropriations totaling one million two hundred seventy thousand dollars ($1,270,000) for purposes of the Department of Business and Neighborhood Services.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. To provide for expenditures the necessity for which has arisen since its adoption, the City-County Annual Budget for 2018 is hereby amended by the character transfers hereinafter stated for purposes of the Department of Business and Neighborhood Services. SECTION 2. The Department of Business and Neighborhood Services, requests the transfer of appropriations in the amount of one million two hundred seventy thousand dollars ($1,270,000) within the Consolidated County Fund (Permits Subfund) to finance the purchase and equipping of 50 vehicles:

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 TOTAL

Consolidated County

(725,000)

(20,000)

(525,000)

1,270,000

-

SECTION 3. Upon approval of this and other pending proposals, the following unappropriated fund balances are projected to remain at the end of 2018:

Projected 2017 Year-End Balance Projected 2018 Year-End Balance

Consolidated County Fund 164,016,826 133,571,299

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

PROPOSAL NO. 115, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 115, 2018 on April 23, 2018. The proposal, sponsored by Councillor Evans, approves the statement of benefits of ISVAL USA, Inc., an

April 30, 2018

21

applicant for tax abatement for property located in an economic revitalization area. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor Evans, for adoption. Proposal No. 115, 2018 was adopted on the following roll call vote; viz:

22 YEAS: Adamson, Coats, Cordi, Evans, Fanning, Gray, Holliday, Kreider, Lewis, Mascari,


Wesseler

1 NAY: Clay


Proposal No. 115, 2018 was retitled GENERAL RESOLUTION NO. 9, 2018, and reads as follows:

CITY-COUNTY GENERAL RESOLUTION NO. 9, 2018

PROPOSAL FOR A GENERAL RESOLUTION to approve the statements of benefits of ISVAL USA, Inc. (hereinafter referred to as “Applicant”), an applicant for tax abatement for property located in an allocation area as defined by IC 36-7-15.1-26.

WHEREAS, IC 6-1.1-12.1 allows a partial abatement of property taxes attributable to redevelopment, rehabilitation activities or installation of new equipment in Economic Revitalization Areas (each hereinafter referred to as a “Project”); and

WHEREAS, pursuant to IC 6-1.1-12.1, the Metropolitan Development Commission of Marion County, Indiana, acting as the Redevelopment Commission of the City of Indianapolis, Indiana (hereinafter referred to as "MDC") is empowered to designate Economic Revitalization Areas; and

WHEREAS, IC 6-1.1-12.1 requires an applicant for Economic Revitalization Area designation to provide a statement of benefits and requires the MDC, before it makes a decision to designate the area as an Economic Revitalization Area, to determine that (i) the estimated value of a Project is reasonable for projects of that nature, (ii) the estimated employment at the indicated annual salaries for a Project identified in the statement of benefits can reasonably be expected, (iii) a Project can be reasonably expected to yield the benefits identified in the statement of benefits and (iv) the totality of benefits arising from a Project is sufficient to justify Economic Revitalization Area designation; and

WHEREAS, pursuant to IC 6-1.1-12.1-2(k), a statement of benefits for property located within an allocation area, as defined by IC 36-7-15.1-26, may not be approved unless the City-County Council of Indianapolis and Marion County, Indiana (hereinafter referred to as "Council") adopts a resolution approving the statement of benefits; and

WHEREAS, the Applicant has submitted a real property Statement of Benefits to the MDC as part of its application for Economic Revitalization Area designation for property where Applicant’s Project will occur, located within an allocation area, as defined by IC 36-7-15.1-26; and

WHEREAS, MDC has preliminarily approved Applicant’s Statement of Benefits, pending adoption from the Council, to allow the designation of the Economic Revitalization Area and related tax abatement pursuant to IC 6-1.1-12.1; now, therefore:


SECTION 1. The Council hereby approves the Statements of Benefits that were submitted to the MDC, as part of the application for Economic Revitalization Area designation, by ISVAL USA, Inc. SECTION 2. This resolution shall be in effect from and after its passage by the Council and compliance with Ind. Code 36-3-4-14.

PROPOSAL NO. 116, 2018. Councillor Gray reported that the Municipal Corporations Committee heard Proposal No. 116, 2018 on April 11, 2018. The proposal, sponsored by Councillors Gray, Lewis, McHenry, McQuillen and Adamson, approves the issuance of general obligation bonds in an original aggregate principal amount not to exceed $5,000,000 for the Indianapolis-Marion


22

County Public Library to fund an integrated library system, automated sorters, start-up collection materials for new branches and facility improvement projects. By a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Gray moved, seconded by Councillor Adamson, for adoption. Proposal No. 116, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY GENERAL ORDINANCE NO. 25, 2018

A GENERAL ORDINANCE approving the issuance of “Indianapolis-Marion County Public Library General Obligation Bonds, Series 2018A” in an original aggregate principal amount not to exceed Five Million Dollars ($5,000,000).

WHEREAS, on March 26, 2018, the Library Board (the “Library Board”) of the Indianapolis-Marion County Public

Library, Indiana (the “Public Library”) adopted Resolution 9-2018 authorizing the issuance of one or more series of general obligation bonds of the Public Library to be designated as the “Indianapolis-Marion County Public Library General Obligation Bonds, Series 2018A” (collectively, the “2018 AHS/ILS and Multi-Facility Improvement Project Bonds”), in original aggregate principal amount not to exceed Five Million Dollars ($5,000,000), for the purpose of procuring funds to pay for (i) the installation of automated materials handling system equipment in one or more of the facilities operated by the Public Library, including, but not necessarily limited to, the Central Library, the Southport Library Branch, the Michigan Road Library Branch, the West Perry Library Branch and the Lawrence Township Branch, (ii) the purchase and implementation of a new Integrated Library System which will replace the existing Integrated Library System operated by the Public Library, (iii) the purchase of all or a portion of the initial collection for one or more of the new branches that have been, or will be, constructed by the Public Library, including, but not necessarily limited to, the Brightwood Branch Library, the Michigan Road Branch Library and the Eagle Branch Library, (iv) the replacement of window flashing at the existing Library Services Center, (v) other miscellaneous facility improvement or system enhancement projects in connection with the services provided, or to be provided, by the Public Library or in connection with the buildings operated by the Public Library, (vi) one or more projects related to any portion of the projects listed in clause (i) through and including (v), and (vii) the payment of all of the costs related to any of the foregoing projects, including, but not limited to, the costs of issuance related to the Bonds (as hereinafter defined) (clauses (i) through and including (vii), collectively, the “2018 AHS/ILS and Multi-Facility Improvement Project”); and

WHEREAS, the Library Board has requested the approval of the City-County Council of the issuance of the 2018

AHS/ILS and Multi-Facility Improvement Project Bonds, pursuant to IC 36-3-6-9(c), and the City-County Council now finds that the issuance of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds should be approved; now, therefore:


CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA

SECTION 1. For the purpose of providing funds for the 2018 AHS/ILS and Multi-Facility Improvement Project, including, but not limited to, the costs of the issuance of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds, the City-County Council does hereby approve the issuance of the 2018 AHS/ILS and Multi-Facility Improvement Project Bonds in one or more series, as general obligation bonds of the Public Library, to be designated as “Indianapolis-Marion County Public Library General Obligation Bonds, Series 2018A,” in an original aggregate principal amount not to exceed Five Million Dollars ($5,000,000), bearing interest at a rate or rates not to exceed five percent (5.00 %) per annum and having a final maturity no later than eight (8) years from the date such 2018 AHS/ILS and Multi-Facility Improvement Project Bonds are issued. SECTION 2. Any and all prior actions taken by any officer of the Public Library, the City or any member of the Library Board or the City-County Council in connection and consistent with this Ordinance is hereby ratified and approved.

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SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14, 36-3-4-15, 36-3-4-16 and 36-3-4-17.

PROPOSAL NO. 118, 2018. Councillor Robinson reported that the Public Safety and Criminal Justice Committee heard Proposal No. 118, 2018 on April 18, 2018. The proposal, sponsored by Councillor Robinson, amends the Code to provide for a Marion Superior Court Domestic Relations Counseling Bureau nonreverting fund. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Robinson moved, seconded by Councillor Evans, for adoption. Proposal No. 118, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY GENERAL ORDINANCE NO. 26, 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to provide for a Marion Superior Court Domestic Relations Counseling Bureau nonreverting fund.


SECTION 1. Chapter 135 Article II, Division 4, of the "Revised Code of the Consolidated City and County," regarding Court funds, hereby is amended by the addition of a NEW Section 135-248, to read as follows:

Sec. 135-248. – Marion Superior Court Domestic Relations Counseling Bureau Fund.

(a) There is hereby created a special fund to be designated as the "Marion Superior Court Domestic Relations Counseling Bureau Fund," in the office of the Court Administrator. This fund shall be a continuing, nonreverting fund, with all balances remaining therein at the end of each year. Such balances shall not lapse into the county general fund or ever be directly or indirectly diverted in any manner to uses other than those stated in this section.

(b) All fees and moneys generated by the Marion Superior Court Domestic Relations Counseling Bureau pursuant to Ind. Code § 31-12-4-2, and the schedule prescribed in LR49-FR00-508 shall be deposited in the Marion Superior Court Domestic Relations Counseling Bureau Fund.

(c) The fund shall be administered by the Marion Superior Court.

(d) Amounts shall be paid from this fund only pursuant to appropriations authorized by the city-county council in the normal budgeting processes.

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.


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PROPOSAL NO. 119, 2018. Councillor Robinson reported that the Public Safety and Criminal Justice Committee heard Proposal No. 119, 2018 on April 18, 2018. The proposal, sponsored by Councillor Robinson, approves the fee schedule for the Domestic Relations Counseling Bureau adopted by the Marion Superior Court. By a 10-0 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. 119, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY GENERAL RESOLUTION NO. 10, 2018

PROPOSAL FOR A GENERAL RESOLUTION to approve the Fee Schedule for the Domestic Relations Counseling Bureau adopted by the Marion Superior Court.

WHEREAS, the Marion Superior Court, pursuant to Indiana Code, has established a Domestic Relations Counseling Bureau, which provides counseling services in separation, dissolution, or annulment actions, including enforcement, modification, and post-decree proceedings; and

WHEREAS, pursuant to Indiana Code 31-12-4-2, the Marion Superior Court may adopt a fee schedule for the

provision of those services; and WHEREAS, Indiana Code 31-12-4-2 provides that the fee schedule is not effective until approved by the county’s

fiscal body; and WHEREAS, the Marion Superior Court has adopted the fee schedule as set forth in the Marion Circuit and Superior

Court Family Law Rules, Local Rule LR49-FR00-508; now therefore:


SECTION 1. The Council hereby approves the Fee Schedule for the Domestic Relations Counseling Bureau adopted by the Marion Superior Court and prescribed in Marion Circuit and Superior Court Family Law Rules, Local Rule LR49-FR00-508. SECTION 2. This resolution shall be in effect from the 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. 121-130, 2018 on April 19, 2018. He asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 121, 2018. The proposal, sponsored by Councillor Adamson, authorizes parking restrictions on East Street and Ft. Wayne Avenue (District 17). PROPOSAL NO. 122, 2018. The proposal, sponsored by Councillor Pfisterer, authorizes intersection controls at Farley Drive and 16th Street (District 15). PROPOSAL NO. 123, 2018. The proposal, sponsored by Councillor Oliver, authorizes the removal of parking restrictions on Washington Boulevard, between 28th and 30th Streets (District 9). PROPOSAL NO. 124, 2018. The proposal, sponsored by Councillor Kreider, authorizes intersection controls throughout the Parke Place subdivision (District 23).

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PROPOSAL NO. 125, 2018. The proposal, sponsored by Councillor Evans, authorizes intersection controls at Dunlap Avenue and Miller Street (District 22). PROPOSAL NO. 126, 2018. The proposal, sponsored by Councillor Clay, authorizes intersection controls on Edmondson Avenue, between 42nd and 46th Street (District 13). PROPOSAL NO. 127, 2018. The proposal, sponsored by Councillor Clay, authorizes intersection controls at Harvest Avenue and 34th Street (District 13). PROPOSAL NO. 128, 2018. The proposal, sponsored by Councillor Wesseler, authorizes intersection controls at Hillcrest Drive and Hillcrest Court (District 24). PROPOSAL NO. 129, 2018. The proposal, sponsored by Councillor Adamson, authorizes intersection controls at Keystone Avenue and St. Clair Street (District 17). PROPOSAL NO. 130, 2018. The proposal, sponsored by Councillor Cordi, authorizes a speed limit reduction to 25 miles per hour in the Moeller Estates at Wildwood Farms (District 18). By an 8-0 vote, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Adamson moved, seconded by Councillor Fanning, for adoption. Proposal Nos. 121-130, 2018 were adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY GENERAL ORDINANCE NO. 27, 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 621, Parking, standing and stopping restricted.


SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-120(a)(11), Any vehicles, so marked, of the city fire department, and no others may park at any time in the following locations, be, and the same is hereby amended by the addition of the following, to wit:

Monday – Friday from 8:00 a.m. to 5:00 p.m. East Street, on the west side, from Tenth Street to Ninth Street;

Ft. Wayne Avenue, on the northwest side, from St. Joseph Street to a point 70 feet southwest of Sahm Street; 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.


CITY-COUNTY GENERAL ORDINANCE NO. 28, 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.


26


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

23 Farley Drive Sixteenth Street

Farley Drive 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:


23 Farley Drive Sixteenth Street

None All-Way



CITY-COUNTY GENERAL ORDINANCE NO. 29, 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 621, Parking, standing and stopping restricted.


SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana, specifically Sec. 621-125, Stopping, standing, and parking prohibited at designated locations on certain days and hours, be, and the same is hereby amended by the deletion of the following, to wit:

ON ANY DAY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS From 4:00 p.m. to 6:00 p.m.

Washington Boulevard, on the west side, from Fall Creek Parkway to Thirtieth Street; 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.

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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.



BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA



46

46

46

46

Banta Road Carolina Boulevard

Carolina Boulevard

Carolina Court

Carolina Boulevard Connecticut Circle

Carolina Boulevard

Ventnor Lane Ventnor Court

Banta Road

Carolina Boulevard

Carolina Boulevard

Ventnor Lane Ventnor Court

Stop

Stop

Stop

Stop

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.




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:


30 Dunlap Avenue Miller Street

Dunlap Avenue Stop


28



30 Dunlap Avenue Miller Street

None All-Way







20

20

Hampton Drive Edmondson Avenue

Meadowlark Drive

Edmondson Avenue

Edmondson Avenue

Edmondson Avenue

Yield

Yield



20

20

Hampton Drive Edmondson Avenue

Meadowlark Drive

Edmondson Avenue

None

None

All-Way

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.

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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.






20 Harvest Avenue Thirty-Fourth Street

Thirty-Fourth Street Stop



20 Harvest Avenue Thirty-Fourth Street

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.






47 Hillcrest Drive Hillcrest Court

Hillcrest Drive Stop

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


30

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.






25 Keystone Avenue (south approach)

St. Clair Street

Keystone Avenue Stop



25 Keystone Avenue (south approach)

St. Clair Street

None All-Way





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31

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 streets within Moeller Estates at Wildwood Farms platted subdivision, 25 mph; 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. 131, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 131, 2018 on April 23, 2018. The proposal, sponsored by Councillor Adamson, designates Eastern Avenue, between 25th Street and 30th Street, as the Jennie Yarbrough Forster Memorial Way. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Gray stated that as a young man, he was an apprentice helping to build the church building on this stretch of road, and he is happy to see this designation. Councillor Lewis moved, seconded by Councillor Gray, for adoption. Proposal No. 131, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:



CITY-COUNTY GENERAL RESOLUTION NO. 11, 2018 A GENERAL RESOLUTION designating Eastern Avenue between 25th Street and 30th Street, as the Jennie Yarbrough Forster Memorial Way.

WHEREAS, Jennie Yarbrough Forster was a resident of Indianapolis, by way of Kentucky in the early 1950s with her daughters, Mabel and Mary Frances; and

WHEREAS, Ms. Yarbrough Forster served the community on the east side of Indianapolis until her death in 1978;

and WHEREAS, Ms. Yarbrough Forster was instrumental in clothing and feeding many children, furnishing and

renovating the homes of their parents in the Brightwood community, as well as in the cities of Blue Ash, Ohio; Searcy, Arkansas; and Ozark, Alabama; and

WHEREAS, Ms. Yarbrough Forster founded the Believers in Christ Tabernacle Church located at 2802 and 2806

Eastern Avenue, as well as in Searcy, Arkansas and in Ozark, Alabama and established the BIC, Inc.; and


32

WHEREAS, in addition, Ms. Yarbrough Forster was the wife of the late Bishop Eddie Lee Forster of Blue Ash, Ohio and was beloved by all who knew her better known as Momma Jennie; 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 does hereby honor the memory of Jennie Yarbrough Forster by designating Eastern Avenue between 25th Street and 30th Street, as the Jennie Yarbrough Forster Memorial Way. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 146, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 146, 2018 on April 23, 2018. The proposal, sponsored by Councillor Kreider, authorizes the issuance of economic development revenue refunding bonds in an aggregate principal amount not to exceed $20,000,000 to refund or purchase, in whole or in part, the outstanding bonds which were used to refinance the acquisition, construction and equipping of an apartment complex known as Brookhaven at County Line Apartments, which consists of 271 apartment units, located at 940 Wild Indigo Lane (District 23), including refunding costs, and approves and authorizes other actions in respect thereto. By a 10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 146, 2018 was adopted on the following roll call vote; viz:



Simpson, Wesseler

0 NAYS:


Proposal No. 146, 2018 was retitled SPECIAL ORDINANCE NO. 3, 2018, and reads as follows:

CITY-COUNTY SPECIAL ORDINANCE NO. 3, 2018

A SPECIAL ORDINANCE authorizing the City of Indianapolis to issue up to $20,000,000 in aggregate principal amount of its City of Indianapolis, Indiana Economic Development Revenue Refunding Bonds, Series 2018 (Brookhaven at County Line Apartments Project) (the "Bonds") in one or more tax-exempt and taxable series and approving and authorizing other actions in respect thereto.

WHEREAS, Indiana Code 5-1-5, 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, the Act provides that an issuer may, pursuant to the Act, issue revenue bonds and lend the proceeds

thereof to a developer for the purpose of financing, reimbursing or refinancing the costs of economic development facilities, for diversification of economic development and creation or retention of opportunities for gainful employment; and

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

trustee; and WHEREAS, a representative of Brookhaven Apartments, L.P., an Indiana limited partnership (the "Borrower") has

requested that the City of Indianapolis, Indiana (the "Issuer") issue bonds in one or more tax-exempt and/or taxable series and lend the proceeds thereof to the Borrower in order to (a) refund or purchase, in whole or in part, the outstanding City of Indianapolis, Indiana Economic Development Revenue Refunding Bonds, Senior Series 2013A (Brookhaven at County Line Apartments Project) (the "Series 2013A Bonds"), the City of Indianapolis, Indiana Economic Development Revenue Refunding Bonds, Subordinate Series 2013B (Brookhaven at County Line Apartments Project) (the "Series 2013B Bonds") and the City of Indianapolis, Indiana Economic Development Revenue Bonds, Series 2008 (Brookhaven at County Line Apartments Project) (the "Series 2008 Bonds", with the Series 2013A Bonds and the Series 2013B Bonds,

April 30, 2018

33

collectively the "Refunded Bonds"). The Series 2013A Bonds and the Series 2013B Bonds were issued to refund, in part, the Series 2008 Bonds in order to refinance the acquisition, construction and equipping of an apartment complex known as Brookhaven at County Line Apartments, which consists of 271 apartment units, located at 940 Wild Indigo Lane, in the City of Indianapolis, Indiana (the "Project") in City-County Council District 23 of the City-County Council of the City of Indianapolis and of Marion County, Indiana (the "City-County Council") and to pay the costs related to such refunding; and (b) pay costs of issuing the Bonds; and

WHEREAS, the Metropolitan & Economic Development Committee (the "Committee") of the City-County Council

held a public hearing on April 23, 2018, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and

WHEREAS, the Indianapolis Economic Development Commission has previously found on two occasions that the

Project complies with the purposes and provisions of IC 36-7-12 et. seg., and will be of benefit to the health and welfare of the Issuer and its citizens through the requirement that the Project serve persons and families of low and moderate income and that the Project would not have an adverse competitive effect or impact on any similar facility or facilities of the same kind already constructed or operating in the same market area or in or about Marion County, Indiana; and

WHEREAS, pursuant to and in accordance with the Act, the Issuer desires to provide funds to refinance the Project

by issuing not to exceed $20,000,000 in aggregate principal amount of the Bonds; and WHEREAS, the Issuer intends to issue the Bonds in one or more tax-exempt and/or taxable series pursuant to a

Trust Indenture (the "Indenture"), by and between the Issuer and a trustee to be selected by the Borrower (the "Trustee") in order to obtain funds to lend to the Borrower for the purpose of refinancing the Project pursuant to a Loan Agreement with respect to the Bonds between the Issuer and the Borrower (the "Loan Agreement"), provided, however, that the aggregate principal amount of the Bonds shall not exceed $20,000,000; and

WHEREAS, the Loan Agreement provides for the repayment by the Borrower of the loan of the proceeds of the

Bonds pursuant to which the Borrower will agree to make payments sufficient to pay the principal and interest on the Bonds as the same become due and payable and to pay administrative expenses in connection with the Bonds; 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 City-County Council for its approval substantially final forms of the Indenture, Loan Agreement, Bond Purchase Agreement, Amended and Restated Land Use Restriction Agreement, Continuing Disclosure Agreement, Preliminary Official Statement, the forms of the Bonds (hereinafter referred to collectively as the "Financing Documents"); and

WHEREAS, the Borrower will be liable for repayment of the loan described in the Loan Agreement; and WHEREAS, the Issuer hereby finds and determines that the funding approved herein for refinancing the Project will

be of benefit to the health and general welfare of the citizens of the Issuer, complies with the provisions of the Act and the amount necessary to finance the costs of the refinancing of the Project, will require the issuance, sale and delivery of one or more tax-exempt and/or taxable series of economic development revenue bonds in an aggregate combined principal amount not to exceed $20,000,000; now, therefore:


CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA: SECTION 1. It is hereby found that the refinancing of the economic development facilities referred to in the Financing Documents as the Project, the issuance and sale of the Bonds, the loan of the net proceeds thereof to the Borrower for the purposes of refinancing the Project, and the repayment of said loan by the Borrower will be of benefit to the health or general welfare of the Issuer and its citizens and does comply with the purposes and provisions of the Act, including in particular, the requirement of promoting a substantial likelihood of retaining opportunities for gainful employment. Furthermore, it is hereby found that the refinancing of the Project will further a public purpose of the Issuer through, among other things, the provision of quality, affordable, multifamily housing. 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 36-1-5-4, two (2) copies of the Financing Documents are on file in the office of the Clerk of the City-County Council for public inspection.


34

SECTION 3. The Issuer shall issue its Bonds in one or more series, as described above, in the aggregate principal amount not to exceed $20,000,000, for the purpose of procuring funds to loan to the Borrower to refinance the Project which Bonds will be payable as to principal and interest solely from the payments made by the Borrower pursuant to the Financing Documents and as otherwise provided in the above-described Financing Documents. The Bonds shall never constitute a general obligation of, an indebtedness of, or charge against the general credit of the Issuer. SECTION 4. The Clerk of the City-County Council and City Controller are authorized and directed to sell such Bonds to the purchasers thereof at a price not less than 97% of the aggregate principal amount thereof plus accrued interest, if any, and at a fixed or initial variable rate of interest not to exceed 8% percent per annum. The Bonds will mature no later than 40 years from the date of their issuance, and shall be subject to optional redemption not more than 11 years from the date of issuance thereof at a price of 100% of the principal amount thereof. SECTION 5. The Mayor and Clerk are authorized and directed to execute those Financing Documents approved herein which require the signature of the Mayor and Clerk and any other document which may be necessary or desirable to consummate the transaction, and their execution is hereby confirmed on behalf of the Issuer. The signatures of the Mayor and the Clerk on the Bonds may be necessary or desirable to consummate the transaction, and their execution is hereby confirmed on behalf of the Issuer. The signatures of the Mayor and the Clerk on the Bonds may be facsimile signatures. The Clerk and City Controller 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 Financing Documents. The Mayor and Clerk may, by their execution of the Financing Documents requiring their signatures and imprinting of their facsimile signatures thereon, approve changes therein and also in those Financing Documents which do not require the signature of the Mayor and/or Clerk without further approval of this City-County Council if such changes do not affect terms set forth in Indiana Code 36-7-12-27(a)(1) through (a)(10). SECTION 6. The provisions of this ordinance and the Financing Documents shall constitute a contract binding between the Issuer 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 interest thereon remains unpaid. SECTION 7. Rule 15c2-12(b)(1) of the Securities Exchange Act of 1934, as amended (the "SEC Rule"), provides that, prior to the time a participating underwriter or placement agent bids for, purchases, offers or sells municipal securities, the participating underwriter or placement agent shall obtain and review an official statement that an issuer of such securities deems a "near final" official statement. The form of Official Statement presented with this Ordinance is hereby approved and the Mayor, Controller or any other Officer of the Issuer may approve any necessary changes thereto and to deem such official statement as "final" as of its date, except for the omission of no more than the following information: the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the securities depending on such matters. The Mayor, the Clerk or any other officer of the Issuer familiar with the matters with respect to the Issuer set forth in the form of Official Statement presented herewith is hereby authorized to revise the Official Statement and to certify to the underwriter, that the information in the Official Statement with respect to the Issuer is deemed to be final within the meaning of the SEC Rule prior to the distribution of the Preliminary Official Statement. SECTION 8. Subject to the obligations of the Borrower set forth in the Loan Agreement, the Amended and Restated Land Use Restriction Agreement and the Tax Representation Certificate, the Issuer will use its best efforts to restrict the use of the proceeds of the Bonds in such a manner and consistent with expectations at the time the Bonds are delivered to the purchasers thereof, so that they will not constitute arbitrage bonds under Section 148 of the Code and the regulations promulgated thereunder. 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 Issuer, 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 said Section 148 of the Code and the regulations thereunder. SECTION 9. 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 Issuer 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 Loan Agreement, shall be had against any member, director, or officer or attorney, whether past, present, or future, of the Issuer, either directly or through the Issuer, or otherwise, for the payment for or to the Issuer 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 Issuer 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,

April 30, 2018

35

the payment for or to the Issuer 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 of them, shall be expressly waived and released as a condition of and consideration for the execution and delivery of the Loan Agreement and the issuance, sale and delivery of the Bonds. SECTION 10. The Borrower will indemnify and hold the Issuer, including its officials, attorneys, employees and agents, free and harmless from any loss, claim, damage, tax, penalty, liability, disbursement, litigation expenses, attorneys’ fees and expenses and other court costs arising out of, or in any way relating to, the execution or performance of the Financing Documents or other documents in connection therewith or any other cause whatsoever pertaining to the Project or the Bonds, including the issuance and sale of the Bonds or failure to issue or sell the Bonds or other actions taken under the Financing Documents or other documents in connection therewith or any other cause whatsoever pertaining to the Project or the Bonds, all as further described in the Loan Agreement, except in any case as a result of the intentional misrepresentation or willful misconduct of the Issuer. SECTION 11. 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 12. 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 13. 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 et seq., as amended. SECTION 14. The Mayor and the Clerk are authorized to take all such further actions or to execute, attest and deliver such further instruments and documents in the name of the Issuer as in their judgment shall be necessary or advisable in order fully to consummate the transaction and carry out the purposes of this Ordinance. SECTION 15. This Ordinance shall be in full force and effect upon adoption and compliance with Indiana 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) Councillors Cordi and Miller in memory of Clifton Sharp; and (2) Councillor McQuillen in memory of Kathryn Longnecker and Bill Fiandt; and (3) Councillors Kreider, McQuillen, Cordi and Coats in memory of Judge Patricia Gifford; and (4) Councillor Lewis in memory of Wilma Moore; and (5) Councillor Osili in memory of Robert LaRue; and (6) Councillor Cordi in memory of Bonnie Mikkelson; and (7) Councillor Pfisterer in memory of Gregory Thompson. 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 Clifton Sharp, Kathryn Longnecker, Bill Fiandt, Judge Patricia Gifford, Wilma Moore, Robert LaRue, Bonnie Mikkelson, and Gregory Thompson. 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.


36

There being no further business, and upon motion duly made and seconded, the meeting adjourned at 7:56 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 30th day of April, 2018.

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)