and special service district councils - …€¦ · 5 minutes of the city-county council and...

5

MINUTES OF THE CITY-COUNTY COUNCIL AND

SPECIAL SERVICE DISTRICT COUNCILS OF

INDIANAPOLIS, MARION COUNTY, INDIANA

REGULAR MEETINGS

MONDAY, MARCH 12, 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 7:05 p.m. on Monday, March 12, 2018, with Councillor Osili presiding. Councillor McQuillen led the opening prayer and invited all present to join him in the Pledge of Allegiance to the Flag.

ROLL CALL The President instructed the Clerk to take the roll call and requested members to register their presence on the voting machine. The roll call was as follows:

25 PRESENT: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Holliday, Jackson,

Johnson, Kreider, Lewis, Mascari, McHenry, McQuillen, Miller, Mowery, Oliver, Osili,

Pfisterer, Ray, Robinson, Scales, Simpson, Wesseler

0 ABSENT:

A quorum of 25 members being present, the President called the meeting to order.

INTRODUCTION OF GUESTS AND VISITORS

Councillor Fanning recognized Nora Northside Community Council leaders George Haerle, Sue Juriss, and Ruth Hayes. Councillor Adamson recognized members of Laborer’s Union Local 120 and Department of Public Works employees and members of AFSCME Locals 725 and 3131. Councillor Pfisterer recognized Jeff Butts, Wayne Township Schools Superintendent.

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

Journal of the City-County Council

6

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, March 12, 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

February 28, 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: Pursuant to the laws of the State of Indiana, I caused to be published in the Court & Commercial Record and in the Indianapolis Star on Friday, March 2, 2018 a copy of a Notice of Public Hearing on Proposal No. 88, 2018, said hearing to be held on Monday, March 12, 2018 at 7:00 p.m. in the Public Assembly Room of the City-County Building. Respectfully, s/NaTrina DeBow Clerk of the City-County Council March 1, 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, NaTrina DeBow, the following ordinances: SPECIAL ORDINANCE NO. 1, 2018 – authorizes a final bond ordinance for the issuance of economic development tax increment revenue bonds in an amount not to exceed $3,800,000 to provide a portion of the costs of acquisition, rehabilitation, construction and equipping of a mixed-use apartment building consisting of 132 apartment units, 39,386 square feet of retail space, 33,851 square feet of office space, and public and private parking facilities (Ford Assembly Plant Project), to be located at 1301 E. Washington Street (District 17) SPECIAL ORDINANCE NO. 2, 2018 – authorizes a final bond ordinance or the issuance of economic development tax increment revenue bonds in an amount not to exceed $4,500,000, and an economic development note not to exceed $4,000,000, to provide a portion of the costs of acquisition, construction and equipping of a 20,000 square feet Phoenix Theatre Education and Innovation Center and public art to be located at 705 N. Illinois (District 11) GENERAL ORDINANCE NO. 9, 2018 – amends the membership of the community corrections advisory board to conform to House Enrolled Act (HEA) 1218, 2017 GENERAL ORDINANCE NO. 10, 2018 – authorizes intersection controls at Ralston Avenue and 33rd Street (District 17) GENERAL ORDINANCE NO. 11, 2018 – authorizes weight limit restrictions in the residential neighborhood encompassed by Waldamere and Mickley Avenues (District 22) GENERAL ORDINANCE NO. 12, 2018 – authorizes intersection controls in the Falcon Lakes subdivision (District 8) GENERAL ORDINANCE NO. 13, 2018 – authorizes parking restrictions on Chelsea Road, between Lynhurst Drive and Dunlap Avenue (District 22) GENERAL ORDINANCE NO. 14, 2018 – authorizes intersection controls at Clifton Street and 36th Street (District 7) GENERAL ORDINANCE NO. 15, 2018 – authorizes a speed limit reduction in the Tibbs Avenue and Maywood Road area to 25 miles per hour (District 16)

March 12, 2018

7

GENERAL ORDINANCE NO. 16, 2018 – authorizes a speed limit reduction in the Meridian Woods Village subdivision to 25 miles per hour (District 23) GENERAL RESOLUTION NO. 2, 2018 - approves an amending declaratory resolution and 2018 plan of the Metropolitan Development Commission to expand the Near Eastside Redevelopment Area to create the Ford Plant Allocation Area to capture property taxes generated from the incremental assessed value of real property and to add the rehabilitation and equipping of the vacant Ford Motor Company assembly plant and the reuse for residential apartments, office space, retail space and on-site public and private parking to the original plan for the redevelopment area GENERAL RESOLUTION NO. 3, 2018 - approves a request of the Department of Parks and Recreation to purchase certain real estate owned by the estate of Yvonne P. Hartsock for a parks project at 2609 Senour Road GENERAL RESOLUTION NO. 4, 2018 - approves an amendment to the 2015 Restated Marion County Sheriff's Department Personnel Retirement Plan GENERAL RESOLUTION NO. 5, 2018 - approves a request of the Department of Public Works to purchase certain real estate owned by Indianapolis Osteopathic Hospital, Inc. for the department's Little Eagle Creek Levee Segment rehabilitation project SPECIAL RESOLUTION NO. 4, 2018 - determines the need to lease space in the Lawrence Fire Department fire station at 7620 Oaklandon Road for use by the Indianapolis Fire Department 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 February 28, 2018. There being no additions or corrections, the minutes were approved as distributed.

PRESENTATION OF PETITIONS, MEMORIALS, SPECIAL RESOLUTIONS, AND

COUNCIL RESOLUTIONS PROPOSAL NO. 99, 2018. The proposal, sponsored by Councillors McQuillen, Lewis, Osili, Jackson, and all Republican Councillors, recognizes the Kennedy King Memorial Initiative. Councillors McQuillen, Jackson and Lewis read the proposal and presented representatives with copies of the document and Council pins. State Representative Greg Porter thanked the Council for the recognition and noted those activities taking place on April 3 and 4, 2018 to commemorate this great time in the country. Councillor McQuillen moved, seconded by Councillor Jackson, for adoption. Proposal No. 99, 2018 was adopted by a unanimous voice vote. Proposal No. 99, 2018 was retitled SPECIAL RESOLUTION NO. 5, 2018, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 5, 2018

A SPECIAL RESOLUTION recognizing the Kennedy King Memorial Initiative. WHEREAS, April 4, 2018 will mark the 50th Anniversary of the assassination of Dr. Martin Luther King, Jr.; and WHEREAS, on April 4, 1968, Robert Kennedy flew to Indianapolis for a planned rally at what is now the Dr. Martin Luther King, Jr. Park, promoting his presidential campaign, and was informed upon landing of King’s assassination; and WHEREAS, Senator Kennedy proceeded to address the crowd at 17th and Broadway near the site where the memorial now stands. He delivered an impassioned speech informing the crowd of King’s death and urging racial reconciliation, and no riots took place in Indianapolis, a fact many attribute to the effect of Kennedy’s speech; and


8

WHEREAS, The Kennedy King Memorial Initiative’s (KKMI) mission is to build on the historical events of April 4, 1968, to raise awareness, provoke thought and inspire action to eliminate division and injustice in the community and beyond; and WHEREAS, On April 4, 2018, there will be commemoration ceremonies at the Landmark for Peace memorial in Dr. Martin Luther King, Jr. Park. Congressman John Lewis, a renowned civil rights leader who was in Indianapolis on the night of 1968, will join the community and other national, state, and local dignitaries in the commemoration; and WHEREAS, The Indianapolis Public Transportation Corporation, IndyGo, is a municipal corporation of Indianapolis and partner of KKMI, and provides bus service along College Avenue and will assist current and new riders with directions and information by way of their Transit Ambassador volunteers; now, therefore:

BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA: SECTION 1. The Indianapolis City-County Council recognizes the Kennedy King Memorial Initiative for promoting original programs that teach, support, and inspire; convening candid and courageous conversations; collaborating with organizations that align with their mission; and cultivating a strong and vital King Park community. SECTION 2. The Council also recognizes IndyGo as the public transit provider and strong community partner and thank them for their ongoing commitment and service to the citizens of Indianapolis. SECTION 3. In honor of this significant event and to raise awareness for IndyGo’s role in providing access for all residents in our community, the Council directs IndyGo to offers free public transit rides throughout the city on April 4, 2018. SECTION 4. The Mayor is invited to join in this resolution by affixing his signature hereto.

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

PROPOSAL NO. 100, 2018. The proposal, sponsored by Councillors Pfisterer, McHenry and Evans, recognizes the 100th anniversary of the Ben Davis High School Marching Band program. Councillors Pfisterer, McHenry and Evans read the proposal and presented representatives with copies of the document and Council pins. Director David Cole thanked the Council for the recognition. Councillor Pfisterer moved, seconded by Councillor McHenry, for adoption. Proposal No. 100, 2018 was adopted by a unanimous voice vote. Proposal No. 100, 2018 was retitled SPECIAL RESOLUTION NO. 6, 2018, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 6, 2018

A SPECIAL RESOLUTION recognizing the 100th Anniversary of the Ben Davis High School Marching Band Program.

WHEREAS, the Ben Davis High School Marching Band is celebrating nearly 100 years of excellence beginning in 1918; and

WHEREAS, the Marching Band has taken Indiana by storm. Having won a total of 14 Indiana State Marching

Championships; the Indiana State Fair Band Day Championships: 1960-1961; 1964 and 1966-1967; and the Indiana State Field Show Championships: 1976-1977; 1982, 1984-1988 and 1993. They have also been finalists in the Grand National Finalist 1981-1984; 2004 and 2008; and Bands of America Semi Finalist 2000-2003 and 2005-2016; and

WHEREAS, the Band was the Indiana State School Music Association (ISSMA) Concert Band State Finalist from

1985-1987; 1991; 1993-1999, and 2000-2004; and WHEREAS, the Marching Giants have performed in the Tournament of Roses Parade; Festival of States; Fiesta

Bowl Parade; Macy’s Thanksgiving Day Parade; Disney World Parade and Music for All National Concert Band Festival, just to name a few; and

March 12, 2018

9

WHEREAS, additionally, the Band Program has had numerous performances in the Indianapolis 500 Festival Parade, and the opening ceremonies for the Indianapolis Motor Speedway, which is a Ben Davis Band tradition; and

WHEREAS, not only has the Ben Davis Marching Band Program excelled in competitions, they have also

represented the State of Indiana for the 1960 and 1984 Presidential Inaugurations and have performed for six U.S. Presidents Dwight D. Eisenhower, John F. Kennedy, Lyndon B. Johnson, Richard M. Nixon, Gerald R. Ford and Ronald Reagan; 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 the Ben Davis High School Marching Band Program on their 100th Anniversary. SECTION 2. The Council extends its congratulations to the entire Marching band, director and school administration on this achievement. 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.

Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal Nos. 348 and 356, 2017 and Proposal Nos. 19, 20, 22, 66, and 67, 2018 on March 5, 2018. She asked for consent to vote on these proposals together. Consent was given. PROPOSAL NO. 348, 2017. The proposal, sponsored by Councillors Osili and Lewis, reappoints Cathi Gould to the Property Tax Assessment Board of Appeals. PROPOSAL NO. 356, 2017. The proposal, sponsored by Councillor Adamson, appoints Paul Russell to the Woodruff Place Economic Improvement Board. PROPOSAL NO. 19, 2018. The proposal, sponsored by Councillors Osili and Jackson, reappoints Mary Kelley to the Metropolitan Board of Zoning Appeals, Division II. PROPOSAL NO. 20, 2018. The proposal, sponsored by Councillor Jackson, reappoints Kim Boyd to the Metropolitan Board of Zoning Appeals, Division III. PROPOSAL NO. 22, 2018. The proposal, sponsored by Councillor Jackson, reappoints Anthony Bridgeman to the Board of Business and Neighborhood Services. PROPOSAL NO. 66, 2018. The proposal, sponsored by Councillor Jackson, reappoints Kenneth Allen to the Board of Business and Neighborhood Services. PROPOSAL NO. 67, 2018. The proposal, sponsored by Councillors McQuillen, Kreider and Miller, appoints Jefferson Shreve to the Metropolitan Development Commission. By unanimous votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal Nos. 348 and 356, 2017 and Proposal Nos. 19, 20, 22, 66, and 67, 2018 were adopted on the following roll call vote; viz:

25 YEAS: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Holliday, Jackson, Johnson,

Kreider, Lewis, Mascari, McHenry, McQuillen, Miller, Mowery, Oliver, Osili, Pfisterer, Ray,

Robinson, Scales, Simpson, Wesseler

0 NAYS:

Proposal No. 348, 2017 was retitled COUNCIL RESOLUTION NO. 28, 2018, and reads as follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 28, 2018 A COUNCIL RESOLUTION reappointing Cathi Gould to the Property Tax Assessment Board of Appeals.



10

SECTION 1. As a member of the Property Tax Assessment Board of Appeals, the Council reappoints:

Cathi Gould

SECTION 2. The reappointment 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 sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 29, 2018 A COUNCIL RESOLUTION appointing Paul Russell to the Woodruff Place Economic Improvement Board.


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

Paul Russell 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.


CITY-COUNTY COUNCIL RESOLUTION NO. 30, 2018 A COUNCIL RESOLUTION reappointing Mary Kelley to the Metropolitan Board of Zoning Appeals, Division II.


SECTION 1. As a member of the Metropolitan Board of Zoning Appeals, Division II, the Council reappoints:

Mary Kelley SECTION 2. The reappointment 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 his successor is appointed and qualifies unless the duration of the holdover period for this office is limited by statute.


CITY-COUNTY COUNCIL RESOLUTION NO. 31, 2018 A COUNCIL RESOLUTION reappointing Kim Boyd to the Metropolitan Board of Zoning Appeals, Division III.


SECTION 1. As a member of the Metropolitan Board of Zoning Appeals, Division III, the Council reappoints:

Kim Boyd SECTION 2. The reappointment 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 his successor is appointed and qualifies unless the duration of the holdover period for this office is limited by statute.

March 12, 2018

11


CITY-COUNTY COUNCIL RESOLUTION NO. 32, 2018 A COUNCIL RESOLUTION reappointing Anthony Bridgeman to the Board of Business and Neighborhood Services.


SECTION 1. As a member of the Board of Business and Neighborhood Services, the Council reappoints:

Anthony Bridgeman SECTION 2. The reappointment 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 his successor is appointed and qualifies, unless the duration of the holdover period for this office is limited by statute.


CITY-COUNTY COUNCIL RESOLUTION NO. 33, 2018 A COUNCIL RESOLUTION reappointing Kenneth Allen to the Board of Business and Neighborhood Services.


SECTION 1. As a member of the Board of Business and Neighborhood Services, the Council reappoints:

Kenneth Allen SECTION 2. The reappointment 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 his successor is appointed and qualifies, unless the duration of the holdover period for this office is limited by statute.


CITY-COUNTY COUNCIL RESOLUTION NO. 34, 2018 A COUNCIL RESOLUTION appointing Jefferson Shreve to the Metropolitan Development Commission.


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

Jefferson Shreve 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 sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.

PROPOSAL NO. 68, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 68, 2018 on March 5, 2018. The proposal, sponsored by Councillors Jackson and Adamson, approves the Mayor's appointment of Emily Mack as the director of the Department of Metropolitan Development. By an 8-1 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. 68, 2018 was adopted on the following roll call vote; viz:


12

23 YEAS: Adamson, Clay, Coats, Cordi, Evans, Fanning, Gray, Jackson, Johnson, Kreider,

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

Simpson, Wesseler

2 NAYS: Holliday, Mowery


CITY-COUNTY COUNCIL RESOLUTION NO. 35, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Emily Mack as the Director of the Department of Metropolitan Development for a term ending December 31, 2018, and until a successor is appointed and confirmed.

WHEREAS, pursuant to IC 36-3-5-2 and Section 201-3 of the “Revised code of the Consolidated City and County,” a mayoral appointment of Director of the Department of Metropolitan Development is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Emily Mack to serve as the

Director of the Department of Metropolitan Development at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Emily Mack is approved and confirmed by the City-County Council to serve as Director of the Department of Metropolitan Development for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.

PROPOSAL NO. 70, 2018. Councillor Oliver reported that the Parks and Recreation Committee heard Proposal No. 70, 2018 on March 8, 2018. The proposal, sponsored by Councillor Oliver, reappoints Lori Kaplan to the Indianapolis Greenways Development Committee. By a 5-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Oliver moved, seconded by Councillor Gray, for adoption. Proposal No. 70, 2018 was adopted on the following roll call vote; viz:




0 NAYS:


CITY-COUNTY COUNCIL RESOLUTION NO. 36, 2018 A COUNCIL RESOLUTION reappointing Lori Kaplan to the Indianapolis Greenways Development Committee.


SECTION 1. As a member of the Indianapolis Greenways Development Committee, the Council reappoints:

Lori Kaplan

SECTION 2. The reappointment made by this resolution is for a term ending December 31, 2021. 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.

March 12, 2018

13

PROPOSAL NO. 72, 2018. Councillor Oliver reported that the Parks and Recreation Committee heard Proposal No. 72, 2018 on March 8, 2018. The proposal, sponsored by Councillor Oliver, approves the Mayor's appointment of Linda Broadfoot as the director of the Department of Parks and Recreation. By 5-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Fanning stated that Ms. Broadfoot and her staff do a whole lot with very little funding, and she commended them on their hard work and enthusiastically supports her reappointment. Councillor Adamson stated that he also supports the reappointment and would like to be added as a co-sponsor. Councillor Oliver moved, seconded by Councillor Fanning, for adoption. Proposal No. 72, 2018 was adopted on the following roll call vote; viz:




0 NAYS:


CITY-COUNTY COUNCIL RESOLUTION NO. 37, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Linda Broadfoot as the Director of the Department of Parks and Recreation for a term ending December 31, 2018, and until a successor is appointed and confirmed.

WHEREAS, pursuant to IC 36-3-5-2 and Section 201-3 of the “Revised code of the Consolidated City and County,” a mayoral appointment of Director of the Department of Parks and Recreation is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Linda Broadfoot to serve

as the Director of the Department of Parks and Recreation at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Linda Broadfoot is approved and confirmed by the City-County Council to serve as Director of the Department of Parks and Recreation for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.

Councillor Robinson reported that the Public Safety and Criminal Justice Committee heard Proposal Nos. 73-79, 2018 on February 28, 2018. He asked for consent to vote on Proposal Nos. 73-75, 2018 together and Proposal Nos. 76-79, 2018 together. Consent was given. PROPOSAL NO. 73, 2018. The proposal, sponsored by Councillors Clay, Coats, Evans and Kreider, reappoints Mark Webster to the Board of Public Health and Safety. PROPOSAL NO. 74, 2018. The proposal, sponsored by Councillors Clay, Coats, Evans and Kreider, appoints Megan Durbin to the Domestic Violence Fatality Review Team. PROPOSAL NO. 75, 2018. The proposal, sponsored by Councillors Clay, Coats, Evans and Kreider, appoints Jessica Topor to the Domestic Violence Fatality Review Team. By 10-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Robinson moved, seconded


14

by Councillor Kreider, for adoption. Proposal Nos. 73-75, 2018 were adopted on the following roll call vote; viz:




0 NAYS:


CITY-COUNTY COUNCIL RESOLUTION NO. 38, 2018 A COUNCIL RESOLUTION reappointing Mark Webster to the Board of Public Health and Safety.


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

Mark Webster SECTION 2. The reappointment 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.


CITY-COUNTY COUNCIL RESOLUTION NO. 39, 2018 A COUNCIL RESOLUTION appointing Megan Durbin to the Domestic Violence Fatality Review Team.


SECTION 1. As a member of the Domestic Violence Fatality Review Team (fulfilling the requirement of a probation officer appointment), the Council appoints:

Megan Durbin

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2019. The person appointed by this resolution shall serve at the pleasure of the Council and for sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 40, 2018 A COUNCIL RESOLUTION appointing Jessica Topor to the Domestic Violence Fatality Review Team.


SECTION 1. As a member of the Domestic Violence Fatality Review Team (fulfilling the requirement of a victim’s attorney appointment), the Council appoints:

Jessica Topor

March 12, 2018

15

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2019. The person appointed by this resolution shall serve at the pleasure of the Council and for sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.

PROPOSAL NO. 76, 2018. The proposal, sponsored by Councillors Clay, Pfisterer and Kreider, approves the Mayor's appointment of Bryan Roach as the Chief of Police for the Indianapolis Metropolitan Police Department. PROPOSAL NO. 77, 2018. The proposal, sponsored by Councillors Kreider, Pfisterer and Clay, approves the Mayor's appointment of Ernest V. Malone as the Chief of the Indianapolis Fire Department. PROPOSAL NO. 78, 2018. The proposal, sponsored by Councillors Clay and Kreider, approves the Mayor's appointment of Paul T. Babcock as the director of the Office of Public Health and Safety. PROPOSAL NO. 79, 2018. The proposal, sponsored by Councillor Clay, approves the Mayor's appointment of Laura D. White as the director of the Citizens Police Complaint Board. By 10-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Robinson moved, seconded by Councillor Evans, for adoption. Proposal Nos. 76-79, 2018 were adopted on the following roll call vote; viz:




0 NAYS:


CITY-COUNTY COUNCIL RESOLUTION NO. 41, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Bryan Roach as the Chief of Police for the Indianapolis Metropolitan Police Department for a term ending December 31, 2018, and until a successor is appointed and confirmed.

WHEREAS, pursuant to IC 36-3-5-2 and Section 201-3 of the “Revised code of the Consolidated City and County,” a mayoral appointment of the Chief of Police for the Indianapolis Metropolitan Police Department is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Bryan Roach to serve as

the Chief of Police for the Indianapolis Metropolitan Police Department at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Bryan Roach is approved and confirmed by the City-County Council to serve as the Chief of Police for the Indianapolis Metropolitan Police Department for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.


CITY-COUNTY COUNCIL RESOLUTION NO. 42, 2018 A COUNCIL RESOLUTION confirming the Mayor’s appointment of Ernest V. Malone as the Chief of the Indianapolis Fire Department.

WHEREAS, pursuant to Section 252-103 of the “Revised Code of the Consolidated City and County” the appointment of the Chief of the Indianapolis Fire Department is subject to confirmation by the City-County council; and


16

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Ernest V. Malone to serve as the Chief of the Indianapolis Fire Department at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Ernest V. Malone is confirmed by the City-County council to serve as the Chief of the Indianapolis Fire Department at the pleasure of the mayor, for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.


CITY-COUNTY COUNCIL RESOLUTION NO. 43, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Paul T. Babcock as the Director of the Office of Public Health and Safety.

WHEREAS, pursuant to Section 202-712 of the “Revised Code of the Consolidated City and County,” a mayoral appointment naming the Director of the Office of Public Health and Safety is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Paul T. Babcock to serve

as the Director of the Office of Public Health and Safety at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Paul T. Babcock is approved and confirmed by the City-County Council to serve as the Director of the Office of Public Health and Safety for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.


CITY-COUNTY COUNCIL RESOLUTION NO. 44, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Laura D. White as the Director of the Citizens Police Complaint Office.

WHEREAS, pursuant to Section 202-805 of the “Revised Code of the Consolidated City and County,” a mayoral appointment naming the Director of the Citizens Police Complaint Office is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Laura D. White to serve as

the Director of the Citizens Police Complaint Office at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Laura D. White is approved and confirmed by the City-County Council to serve as the Director of the Citizens Police Complaint Office for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.

Councillor Adamson reported that the Public Works Committee heard Proposal Nos. 80-83, 2018 on March 1, 2018. He asked for consent to vote on these proposals together. Consent was given.

March 12, 2018

17

PROPOSAL NO. 80, 2018. The proposal, sponsored by Councillor Kreider, reappoints Jamar Cobb-Dennard to the Board of Public Works. PROPOSAL NO. 81, 2018. The proposal, sponsored by Councillor Kreider, reappoints Dr. Henry Fernandez to the Board of Public Works. PROPOSAL NO. 82, 2018. The proposal, sponsored by Councillor McQuillen, reappoints Nathan Wilson to the Marion County Stormwater Management Technical Advisory Committee. PROPOSAL NO. 83, 2018. The proposal, sponsored by Councillor Kreider, approves the Mayor's appointment of Dan Parker as director of the Department of Public Works. By 9-0 votes, the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Adamson moved, seconded by Councillor McQuillen, for adoption. Proposal Nos. 80-83, 2018 were adopted on the following roll call vote; viz:




0 NAYS:


CITY-COUNTY COUNCIL RESOLUTION NO. 45, 2018 A COUNCIL RESOLUTION reappointing Jamar Cobb-Dennard to the Board of Public Works.


SECTION 1. As a member of the Board of Public Works, the Council reappoints:

Jamar Cobb-Dennard SECTION 2. The reappointment 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 sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 46, 2018 A COUNCIL RESOLUTION reappointing Dr. Henry Fernandez to the Board of Public Works.


SECTION 1. As a member of the Board of Public Works, the Council reappoints:

Dr. Henry Fernandez SECTION 2. The reappointment 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 sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 47, 2018 A COUNCIL RESOLUTION reappointing Nathan Wilson to the Marion County Stormwater Management Technical Advisory Committee.


18


SECTION 1. As a member of the Marion County Stormwater Management Technical Advisory Committee, the Council reappoints:

Nathan Wilson

SECTION 2. The reappointment 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 and for sixty (60) days after the expiration of such term or until such earlier date as successor is appointed and qualifies.


CITY-COUNTY COUNCIL RESOLUTION NO. 48, 2018 A COUNCIL RESOLUTION approving the Mayor’s appointment of Dan Parker as the Director of the Department of Public Works for a term ending December 31, 2018, and until a successor is appointed and confirmed.

WHEREAS, pursuant to IC 36-3-5-2 and Section 201-3 of the “Revised code of the Consolidated City and County,” a mayoral appointment of Director of the Department of Public Works is subject to the approval of the City-County Council; and

WHEREAS, the Mayor of the City of Indianapolis has submitted to this Council the name of Dan Parker to serve as the

Director of the Department of Public Works at his pleasure for a term ending December 31, 2018; now, therefore:


SECTION 1. Dan Parker is approved and confirmed by the City-County Council to serve as Director of the Department of Public Works for a term ending December 31, 2018, and until a successor is appointed and confirmed. SECTION 2. This resolution shall be in full force and effect upon adoption and compliance with IC § 36-3-4-14.

INTRODUCTION OF PROPOSALS

PROPOSAL NO. 89, 2018. Introduced by Councillors Lewis and Adamson. The Clerk read the proposal entitled: "A Proposal for a General Resolution which 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"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 90, 2018. Introduced by Councillors Adamson, Lewis and Pfisterer. The Clerk read the proposal entitled: "A Proposal for a General Resolution which 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"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 91, 2018. Introduced by Councillors Adamson and Lewis. The Clerk read the proposal entitled: "A Proposal for a General Resolution which 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

March 12, 2018

19

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"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 92, 2018. Introduced by Councillors Osili and Gray. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Maggie Lewis to the Capital Improvement Board of Managers"; and the President referred it to the Municipal Corporations Committee. PROPOSAL NO. 93, 2018. Introduced by Councillors Evans and Robinson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints Alonzo Anderson to the Juvenile Detention Center Advisory Board"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 94, 2018. Introduced by Councillors Adamson, Jackson and Oliver. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which requires the administration and operation of the county jail facilities be non-privatized beginning in 2023"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 95, 2018. Introduced by Councillor Mascari. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Keystone Lakes Drive and Way and Villa Avenue (District 21)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 96, 2018. Introduced by Councillor Kreider. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction of 25 miles per hour in the Meridian Meadows subdivision (District 23)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 97, 2018. Introduced by Councillor Miller. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes parking restrictions on Georgia Street between Capitol Avenue and Pennsylvania Street (District 16) "; and the President referred it to the Public Works Committee. PROPOSAL NO. 98, 2018. Introduced by Councillor Osili. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends the Code to split the community affairs and education committee into two separate committees"; and the President referred it to the Rules and Public Policy Committee.

SPECIAL ORDERS - PRIORITY BUSINESS

PROPOSAL NO. 101, 2018. Introduced by Councillor Lewis. Proposal No. 101, 2018 is a proposal for Rezoning Ordinance certified by the Metropolitan Development Commission for denial on March 2, 2018. President Osili stated that this same rezoning case was before the Council last year and was certified incorrectly. Therefore, it is back before the Council this evening. He asked General Counsel Fred Biesecker to explain. Mr. Biesecker said that this project was originally 12.69 acres, but when it got to the Metropolitan Development Commission (MDC) for a hearing, the project was reduced to 5.8 acres. The MDC voted to deny that five-acre proposal, but a mistake was made when the


20

rezoning was certified to the Council in October last year, and it was not an accurate description of what the MDC actually acted on. Once it came to the Department of Metropolitan Development administrator’s attention that the certification was incorrect, they then re-submitted the denial of the proposal to the Council for re-consideration. He said that there are significant substantive differences between what was certified to the Council previously and voted on by this body last November and what was certified recently. The President called for any motions for public hearings on this zoning maps change. Councillor Fanning made the following motion:

Mr. President: I move that Proposal No. 101, 2018 (Rezoning Case 2016-ZON-020), a rezoning for 2730 East 86th Street, 8707, 8711, 8717 and 8727 Haverstick Road, be scheduled for a hearing before this Council at its next regular meeting on April 9, 2018 at 7:00 p.m. and that the General Counsel read the announcement of such hearing and enter same in the minutes of this meeting.

Councillor Evans seconded the motion. Councillor Fanning said that there are full details on the proposed Alexander and Kite projects for this property on Nora Northside Community Council’s website at noraindy.org. She said that details are also on her website. Nora Council voted down the variance petitions, and they were also denied by the MDC. Several members expressed how alternatives could end up affecting the neighborhood even more negatively. Nothing could be done at that time, but because of the error and re-certification, this project is back before this body and can be called down for a public hearing. Councillor Fanning said that there are 3,400 trees on this parcel, and the Kite project would have saved up to 2,700 trees. The alternative project might have a greater impact, and she was asked by the Nora Council to call it down, so that the neighborhood could negotiate a less impactful project on that parcel. She said that the Nora Alliance also supports the public hearing and further negotiations. She said that she provided Council members with letters of support and requests to call the proposal down for hearing. Councillor Fanning said that she wants to make it clear that the calling down of this proposal is not an approval or denial of the Alexander project this evening, but will simply allow time for the Nora community to continue to negotiate. She said that the Kite project has already started the permitting process, and if this call-down fails, they could proceed with that project, and they would make all the remaining decisions regarding impact on the community. She said that there would be no legal mechanism by which the neighborhood associations or any special interest group could remonstrate or negotiate changes. She said that there is no reason to believe that Kite cannot go forward, and a tree mitigation plan could be offered; but it would only exist in communication between the City staff and Keystone developers, not the neighborhoods. She said that if the call-down fails, and Keystone does not want to develop the property; it would be legal for them to actually cut down all the trees, if they deem that would make the property more desirable for sale and development. She said that the Alexander project would save half of the 3,400 trees. Without the call-down, the neighborhood has no say. She said that her constituents, and the 66 neighborhoods included in the Nora community, want to continue the negotiations and have a voice in the outcome for this parcel. She asked for her colleagues’ support. Councillors Adamson and Osili asked to abstain from voting on this motion, to avoid the appearance of a conflict of interest. Consent was given.

March 12, 2018

21

Councillor Oliver said that he will not oppose what a Councillor wants to do in their district, and he has not heard anything that warrants overriding what the Councillor wants to do. He said that he will support Councillor Fanning’s motion. Proposal No. 101, 2018 was called out for public hearing on the following roll call vote:

20 YEAS: Clay, Coats, Cordi, Evans, Fanning, Gray, Holliday, Jackson, Kreider, Lewis,

Mascari, McHenry, McQuillen, Miller, Mowery, Oliver, Pfisterer, Robinson, Simpson,

Wesseler

3 NAYS: Johnson, Ray, Scales

2 NOT VOTING: Adamson, Osili

General Counsel Fred Biesecker read the following announcement:

Mr. President: This Council will hold a public hearing on Rezoning Petition No. 2016-ZON-020, Council Proposal No. 101, 2018, at its next regular meeting on Monday, April 9, 2018, such meeting to convene at 7:00 p.m. in these Council Chambers in the City-County Building in Indianapolis. This petition proposes to rezone 5.80 acres at 2730 East 86TH Street, 8707, 8711, 8717 and 8727 Haverstick Road from the D-P District to the D-P classification to provide for certain C-1 and C-3 uses, and one Heavy General Retail use limited to the sale of home accessories, decoration and / or furniture, not exceeding 15,000 square feet in gross leasable area, within a 60,000-square-foot, two-story commercial building per the Preliminary DP Plan (Phase I), site plans, elevations and commitments all file-dated August 3, 2017. Written objections that are filed with the Clerk of the Council shall be heard at such time, or the hearing may be continued from time to time as found necessary by the Council.

Proposal No. 101, 2018 was scheduled for public hearing on Monday, April 9, 2018, and was certified as follows:

2016-ZON-020 (AMENDED) 2730 EAST 86TH STREET, 8707, 8711, 8717 AND 8727 HAVERSTICK ROAD (APPROXIMATE ADDRESSES) WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2 GREEN INDY, LLC, by Joseph D. Calderon Rezoning of 5.80 acres, from the D-P District to the D-P classification to provide for certain C-1 and C-3 uses, and one Heavy General Retail use limited to the sale of home accessories, decoration and / or furniture, not exceeding 15,000 square feet in gross leasable area, within a 60,000-square-foot, two-story commercial building per the Preliminary DP Plan (Phase I), site plans, elevations and commitments all file-dated August 3, 2017.

PROPOSAL NOS. 102-108, 2017 and PROPOSAL NO. 109, 2018. Introduced by Councillor Lewis. Proposal Nos. 102-108, 2018 and Proposal No. 109, 2018 are proposals for Rezoning Ordinances certified for approval by the Metropolitan Development Commission on March 2 and 7, 2018, respectively. 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. 20-27, 2017, the original copies of which ordinances are on file with the Metropolitan Development Commission, which were certified as follows:

REZONING ORDINANCE NO. 20, 2018. 2017-ZON-070 215 East 38th Street (Approximate Address) Midtown Growth, LLC, by Jason McNiel Rezoning of 1.247 acres from the C-1 district to the MU-2 classification.


22

REZONING ORDINANCE NO. 21, 2018. 2017-ZON-071 1001 East Palmer Street / 1634 and 1638 Barth Avenue (Approximate Addresses) Center Township, Council District #21 Horizon Christian Fellowship Central Inc., by David Kingen and JustinKingen Rezoning of 1.33 acres from the SU-1 and D-5 districts to the D-8 classification. REZONING ORDINANCE NO. 22, 2018. 2017-ZON-072 6006 East 86th Street (Approximate Address) Lawrence Township, Council District #3 Sunbeam Development Corporation, by Christopher Enright Rezoning of 2.367 acres from the C-3 district to the C-4 classification. REZONING ORDINANCE NO. 23, 2018. 2017-ZON-089 3836 Rockville Avenue (Approximate Address) Wayne Township, Council District #22 Metropolitan Development Commission, by Keith Holdsworth Rezoning of 2.68 acres from the D-5 district to the PK-1 classification to provide for a park. REZONING ORDINANCE NO. 24, 2018. 2017-ZON-091 629 South Tibbs Avenue (Approximate Address) Wayne Township, Council District #16 Ben Davis Conservancy District, by James W. Frazell, P.E. Rezoning of 0.87 acre from the D-5 district to the SU-9 classification to provide for utility facilities. REZONING ORDINANCE NO. 25, 2018. 2017-ZON-092 1618 Prospect Street (Approximate Address) Center Township, Council District #21 Corey Frye Rezoning of 0.18 acre from the C-4 district to the D-5 classification. REZONING ORDINANCE NO. 26, 2018. 2017-ZON-093 9010 East Southport Road (Approximate Address) Franklin Township, Council District #25 Indianapolis Fire Department, by Rich McDermott and Mark Harvey Rezoning of 1.86 acres, from the SU-2 district to the SU-9 classification to provide for a fire station. REZONING ORDINANCE NO. 27, 2018. 2017-CZN-846 1701 AND 1704 GENT AVENUE (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #11 DAVID GIBSON Rezoning of 0.781 acre from the I-3 (W-1) and I-2 (W-1) districts to the C-S (W-1) classification:

a) to provide for, within the Main Building, Primary uses including Artisan Food and Beverage; Indoor Recreation and Entertainment; Eating Establishment and Food Preparation; and Accessory uses including Eating Establishment and Food Preparation; Business, Professional and Governmental Offices; Light General Retail; Automobile, Motorcycle and Light Vehicle Repair and Service; and Warehousing Wholesaling and Distribution;

b) to provide for, within the house, Primary uses including Artisan Food and Beverage; and Accessory uses including Eating Establishment and Food Preparation; Light General Retail;

c) to provide for exterior Accessory uses at 1701 Gent Avenue of Outdoor Recreation and Entertainment; Parking; and Outdoor Display of Vehicles on gravel; and

d) to provide for Primary Uses including a wireless communications facility and accessory uses including a parking lot on 1704 Gent Avenue.

March 12, 2018

23

SPECIAL ORDERS - PUBLIC HEARING

PROPOSAL NO. 88, 2018. Councillor Adamson reported that the Public Works Committee heard Proposal No. 88, 2018 on March 1, 2018. The proposal, sponsored by Councillors Osili and Adamson, approves additional appropriations totaling $14,450,000 in the 2018 Budget of the Department of Public Works (Transportation General and Capital Asset Development Funds) to cover expenses for personnel, supplies, contractors, and capital equipment needed to address the emergency repair of city streets. By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Simpson made the following motion:

Mr. President: I move to amend Proposal No. 88, 2018, by adding the language that is underlined in SECTION 4, and by adding a new SECTION 7 and renumbering the current SECTION 7 as SECTION 8, to read as follows: SECTION 4. In support of appropriation provided in Section 2, revenues totaling up to $13,000,000 are to be transferred from the City Rainy Day Fund to the Transportation General Fund. SECTION 7. On or before March 31, June 30, September 30, and December 31 of 2018, the department of public works shall submit a report to the public works committee of the city-county council. The reports shall include, at a minimum, the following information with respect to the pothole repair and strip patching/resurfacing work funded by this ordinance: the approximate number of potholes repaired and the costs of that work, including the amount of overtime paid; the identification of all areas strip patched or resurfaced and the costs of that work, including the amount of overtime paid; a plan, budget, and schedule for the work to be done in the succeeding calendar quarter; the identification of all vendors and the amount of their respective contracts and the amounts paid under those contracts; the amounts and types of liability insurance coverage carried and provided by each vendor; and the number and amount of claims by the City of Indianapolis against vendors alleging defects of materials or workmanship. SECTION 7 8. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

Councillor Jackson seconded the motion. Councillor Simpson asked Department of Public Works (DPW) Director Dan Parker if he is okay with these changes. Mr. Parker indicated that he is fine with the proposed amendment. Proposal No. 88, 2018 was amended on the following roll call vote; viz:




0 NAYS:

Councillor Miller stated that he met with Director Parker to see how he could explain to his constituents how the Council can justify spending $14 million on patching, when they could be using those monies on long-overdue resurfacing needs. He provided a diagram and said that $178 million a year would be needed to maintain the roads in a fair condition, based on needed investment. There is only $88 million budgeted for 2018, leaving a $90 million gap in funding. This gap increases the existing backlog each year, and now the City has a $731 million backlog in investments to upgrade the existing state of the City’s infrastructure to fair condition. He said that $2.2 billion would be needed to complete all the investment that is needed in the entire network, including intersection improvements, reconstruction of Monument Circle, travel lanes, and new


24

sidewalks and streets. He said that this multiplying backlog is why they have gotten to this point of so many potholes to warrant a state of emergency, and it simply has to be addressed. Councillor Oliver said that it is embarrassing that State legislators are driving down Capitol Avenue to their State office building, where the roads are in such disrepair; yet they are not willing to do anything to give up funds to address this problem. It is humiliating to have new hotels downtown and terrible roads surrounding them. He said that he wishes those at the Statehouse would listen and give them the help they need. He stated that he supports the proposal. Councillor McQuillen said that he originally intended to offer an amendment to get more road projects on the docket immediately, but because of the matching funds, he decided against an amendment. He urged DPW and Mayor Joe Hogsett to find a way to put aside some dedicated funds so that this type of emergency does not happen in the future. Councillor Clay said that there is an undisputed need for these additional dollars to be allocated to the General Fund of DPW, but he would like to have some enlightenment as to how those dollars are bid out to vendors. He asked if qualified minority vendors will have the opportunity to be a part of helping to effect these repairs, and if there is a commitment to minority vendors to be a beneficiary of some of these dollars. DPW Director Dan Parker said that there are three vendors currently doing the strip-patching work. These are road contractors used on a continual basis and are vendors that are pre-qualified and pre-certified to do this type of road work for the City. He said that only one minority contractor has been pre-qualified and certified by the Indiana Department of Transportation (INDOT) to do this type of work, and they do not bid on the City’s road work. This vendor, All Star Paving, is the City’s crack-sealing contractor, and they are the only pre-qualified INDOT contractor in Indiana for crack-sealing. He said that they do not, however, bid on strip-patching or chuckhole-filling work. He said that there are some legal restrictions when an emergency is declared, and they have to use vendors that are already pre-qualified and pre-certified. He said that they could seek as few as two bids for this work from people known to do this type of work, and they asked for bids from four vendors, from which three bids were accepted. Councillor Clay asked if the one pre-certified, pre-qualified minority vendor has then chosen not to do this type of work. Mr. Parker said that this is correct. Councillor Clay asked how many minorities are called out in an emergency declaration. Mr. Parker said that there are no known pre-qualified vendors doing this emergency work that are classified as minority vendors. Councillor Adamson stated that he believes there is an opportunity for an ongoing topic of discussion that he would be glad to entertain in committee regarding the disconnect between minority businesses for getting themselves certified. He invited Councillors Clay, Oliver and Gray to participate in such a discussion to help these local businesses get certified and qualified. Councillor Jackson said that she sent Mr. Parker this exact same question via e-mail last Friday and did not receive a response. She said that she would still like a response delivered to her e-mail in writing so that she has something to show to her constituents. The President called for public testimony at 8:13 p.m. Larry Vaughn, citizen, said that the monies in DPW are never fairly assessed because there is no commissioner to monitor those funds, and the Mayor can appropriate those funds for something else once they are put into the General Fund. He said that they will never catch up, because every year, money is appropriated to fix streets; and every year, the Mayor rakes his hands through the budget and takes every penny. He said that a DPW commissioner is needed to receive those funds

March 12, 2018

25

and guard them against the pillager, the Mayor of this City. He said that the argument tonight is irrelevant, because once appropriated, the Mayor can do whatever he wants with those funds Councillor Johnson said that sometimes it is a mistake not to challenge false testimony that is given at a hearing. He asked if DPW can account for all of these dollars. Councillor Adamson said that once appropriated into a fund and character, these dollars cannot be moved to another fund without Council approval. Councillor Johnson asked if they can match up every appropriation with contracted work that is taking place throughout the City. Mr. Parker answered in the affirmative and said that every contract is approved by the Board of Public Works, to which this Council just approved two appointments this evening; and even those contracts bid in a state of emergency go back to the board. Mr. Vaughn said that Councillor Adamson failed to mention that they can still take those funds and use them for other projects in the same budget character. There being no further testimony, Councillor Adamson moved, seconded by Councillor Simpson, for adoption. Proposal No. 88, 2018, as amended, was adopted on the following roll call vote; viz:




0 NAYS:

Proposal No. 88, 2018, as amended, was retitled FISCAL ORDINANCE NO. 3, 2018, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 3, 2018

A FISCAL ORDINANCE amending the City-County Annual Budget for 2018 (City-County Fiscal Ordinance No. 26, 2017) by additional appropriations of fourteen million four hundred fifty thousand dollars ($14,450,000) for purposes of the Department of Public Works.

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 increase hereinafter stated for purposes of the Department of Public Works. SECTION 2. The Department of Public Works, requests an additional appropriation in the amount of thirteen million dollars ($13,000,000) within the Transportation General Fund to finance expenses for personnel, supplies, contractors, and capital equipment needed to address the emergency repair of city streets:

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 TOTAL

Transportation General

2,867,000

132,000

525,000

9,476,000

13,000,000

SECTION 3. The Department of Public Works, requests an additional appropriation in the amount of one million four hundred fifty thousand dollars ($1,450,000) within the Capital Asset Development Fund for the purchase of capital equipment to facilitate the emergency repair of city streets:

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 TOTAL

Capital Asset Development

1,450,000

1,450,000

SECTION 4. In support of appropriation provided in Section 2, revenues totaling up to $13,000,000 are to be transferred from the City Rainy Day Fund to the Transportation General Fund.


26

SECTION 5. In support of appropriation provided in Section 3, revenues totaling $1,450,000 are to be transferred from the Rebuild Indy Fund to the Capital Asset Development Fund. SECTION 6. 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 General Fund 164,537,813 137,087,813

Transportation General Fund 16,080,519 20,750,291

Capital Asset Development Fund 2,666 2,666

SECTION 7. On or before March 31, June 30, September 30, and December 31 of 2018, the department of public works shall submit a report to the public works committee of the city-county council. The reports shall include, at a minimum, the following information with respect to the pothole repair and strip patching/resurfacing work funded by this ordinance: the approximate number of potholes repaired and the costs of that work, including the amount of overtime paid; the identification of all areas strip patched or resurfaced and the costs of that work, including the amount of overtime paid; a plan, budget, and schedule for the work to be done in the succeeding calendar quarter; the identification of all vendors and the amount of their respective contracts and the amounts paid under those contracts; the amounts and types of liability insurance coverage carried and provided by each vendor; and the number and amount of claims by the City of Indianapolis against vendors alleging defects of materials or workmanship. SECTION 8. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

SPECIAL ORDERS - FINAL ADOPTION

PROPOSAL NO. 4, 2018. Councillor Lewis reported that the Metropolitan and Economic Development Committee heard Proposal No. 4, 2018 on March 5, 2018. The proposal, sponsored by Councillors Evans, Cordi and Kreider, amends the code to add Chapter 901 regarding hotels and places of public lodging. By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass as amended. Councillor Evans made a motion to amend Proposal No. 4, 2018, and stated that each member should have a full copy of the amendment at their desk. Councillor Kreider seconded the motion. Councillor Clay asked to be added as a co-sponsor and said that some notice should be given to how Councillor Evans brought this issue to the community’s consciousness. Councillor Clay commended Councillor Evans for offering leglislation that will impact people where they live and said that this process was well done and well executed. Councillor Coats asked if the excluded cities are covered by this legislation. Mr. Biesecker said that it does not apply to excluded cities. Councillor Gray asked if the language on the last page about being age 21 to check into a hotel, as well as the credit card requirement, refers only to these probationary hotels or all hotels. Mr. Biesecker said that in this legislation, the minimum age for check-in does not kick in until the hotel has had two consecutive years at or above the 2.5 ratio. He said that he does not know what the normal age limit currently is, but he does not think the credit card requirement exists now. Councillor McQuillen said that he believes the 21-year-old age limit for checking into a hotel already exists. Councillor Evans agreed.

March 12, 2018

27

Proposal No. 4, 2018 was amended on the following roll call vote; viz:




0 NAYS:

Councillor Miller applauded Councillor Evans for his work on this issue and said that it reminds him of the work they did with the landlord registry. He said that the probationary period is brilliant, and he is impressed to see this finished product, and it gives him ideas for how to improve the landlord registry. He said that if hotel owners care enough to show up this evening, it means they will do what is needed to meet the requirements. The hotel owners in his district where this is a problem never called him and did not bother to show up. He said that something has to be done, and there still may be tweaks that are needed, but the hotel license ordinance is very small and currently insufficient. He commended Councillor Evans for bringing this forward. Councillor Evans said that there are documents at each Councillor’s desk with hotel runs per room, and addresses and a map showing those that are at the 2.5 ratio or above for hotel runs. He said that he also provided a document from Columbus, Ohio regarding the effect their recent legislation has had on their hotels, as well as a 500-foot radius around the hotels. Their incidents have decreased from 34 to 17 since passage. He said that he has gotten a lot of the recognition for this proposal, but Councillor Kreider has also done a lot to help with this effort and has been very instrumental in working out many of the concerns. Councillor Fanning commended Councillors Evans and Kreider, and said that this is a well-thought-out proposal. She said that she may be the only person on this Council who has actually been an owner of a hotel, and she knows full well it is not an easy job. She said that her hope is that hotel owners will not just make these benchmarks a goal, but that they will try to exceed them, as they are still fairly low. Councillor Oliver asked what the rationale was for the 500-foot radius around the hotel. Councillor Evans said that this was just the metrics provided by Columbus on the decrease in incidents of criminal activity due to the enactment of their legislation, and there is no reference to this in Proposal No. 4, 2018. The President stated that the public hearing on Proposal No. 4, 2018 was held in committee on March 5, 2018, and there will be no public testimony allowed this evening on this particular proposal. Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 4, 2018, as amended, was adopted on the following roll call vote; viz:




0 NAYS:

Proposal No. 4, 2018 was retitled GENERAL ORDINANCE NO. 17, 2018, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 17, 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to add Chapter 901 regarding hotels and places of public lodging.


28

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA: SECTION 1. The "Revised Code of the Consolidated City and County," hereby is amended by the addition of a new Chapter 901, regarding hotels and places of public lodging, to read as follows:

CHAPTER 901 - HOTELS AND PLACES OF PUBLIC LODGING

ARTICLE I - PURPOSE; APPLICABILITY; DEFINTIONS

Sec. 901-101. Purpose of this Chapter.

Pursuant to Chapter 801 of the Code, it is the purpose of this chapter to license certain businesses for the protection

of the public welfare. Sec. 901-102. Applicability; Definitions.

(a) This chapter shall apply to hotels/motels licensed under Chapter 801 of the Code. (b) Nothing in this chapter shall waive or replace the obligations of a Licensee under Chapter 801.

(c) For purposes of this chapter only, the following terms shall have the meanings ascribed to them in this section.

"Administrator" means the License Administrator for the Department of Business and Neighborhood Services. “Board” means the Board of Business and Neighborhood Services. "Calls for Service" means the total number of calls to law enforcement or the fire department that result in a request

that a representative be dispatched or directed to the hotel, over a one (1) year period, when those responses: (1) result in a representative being dispatched or directed to the hotel; (2) allege evidence of criminal activity; (3) result in an arrest, charge or citation; or (4) find an imminent threat to safety of persons or property. Calls for service shall not include calls to law enforcement made by employees or agents of the hotel property itself

or traffic citations in which the hotel property address is used as the address for the citation. Calls for service also shall not include calls resulting from a mass casualty event or calls relating to warrants,

transportation by the Sheriff’s Office, training, police escorts, traffic stops, maintenance, security checks initiated by IMPD, or calls initiated by off-duty officers hired by the hotel to provide security.

"Calls for Service Ratio" means the number of calls for service divided by the number of rooms in service at the

hotel. “Code” shall mean the Revised Code of the Consolidated City and County. “Consolidated City” shall mean the governmental unit described in Sec. 102-3 of the Code. "Hotel" shall mean all places and rooms where the general public is furnished lodging, either regularly or

occasionally, for private profit, but shall not include bed and breakfast establishments defined under IC 16-41-31-1 or temporary rentals of residential dwellings rented for the purpose of lodging.

"Employee" means any person who earns qualifying wages, commissions or other type of compensation from the

hotel. "Guest" means any person that occupies a guestroom.

March 12, 2018

29

"Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions for sleeping. "Hotel Operation" means the occupancy of any guestroom or use of any hotel facility. "Manager" means the general manager, shift manager, or any person in any supervisory position at the hotel. "Owner" means a corporation, firm, partnership, association, organization and any other group acting as a unit, or a

person who has legal title to any structure or premises with or without accompanying actual possession thereof, and shall include the duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the premises in question

"Operator" means any person who works at a hotel in a capacity to facilitate the offering of guestrooms to guests,

including, but not limited to, front desk workers.

ARTICLE II – APPLICATION REQUIREMENTS; INSPECTIONS; APPLICATION DENIAL;

SUSPENSION OR REVOCATION; APPEAL; TRANSFER

Sec. 901-201. License required; fee and term.

(a) It shall be unlawful for any person to maintain or operate a hotel in the city without first procuring an annual

license therefor from the License Administrator. The annual fee for this license shall be provided in section 131-501 of the Code.

(b) The term for a license issued under this chapter shall be in accordance with section 801-209 of the Code. (c) A license issued under this Chapter remains subject to all provisions under Chapter 801 of the Code.

Sec. 901-202. Application for a Hotel License; Renewal of License.

(a) The application for a license to operate a hotel shall contain the following information:

(1) Name of the applicant, including mailing address, telephone number, and email address. If the applicant is a

corporation, firm, partnership, association, organization or other group acting as a unit, the applicant shall provide the name of the entity set forth exactly as shown on is articles of incorporation, mailing address, telephone number, and email address of an individual who is the statutory agent, president, or managing individual, the state in which the company is incorporated or registered, and the entity or corporation number;

(2) Name of hotel, including address, telephone number, and email address; (3) The legal owner or owners of the property, including mailing address, telephone number, and email address.

If the property owner is a corporation, firm, partnership, association, organization or other group acting as a unit, the applicant shall provide the name of the entity set forth exactly as shown on its articles of incorporation as well as the mailing address, telephone number, and email address of an individual who is the statutory agent, president, or managing individual, the state in which the company is incorporated or registered, and the entity or corporation number;

(4) If an owner of the property has executed a land contract, lease agreement, management agreement, or any

other agreement separating the owner from control over the property and/or the hotel, the applicant shall include a copy of said agreement along with the application;

(5) The names and addresses of any other hotels located in the Consolidated City that the applicant or property

owner has any interest in, including, but not limited to, ownership, licensure, or management; (6) Name of the hotel operator, including mailing address, telephone number, and email address; and (7) The number of guestrooms in service in the hotel.

(b) The applicant must notify the Administrator of any change in information contained in the license application

within ten (10) days of the change.


30

(c) Any change in ownership of the hotel, the building, or the business, change in hotel operator, or change in name of the hotel, shall void the current license and shall require submission of a new application and the issuance of a new license.

(d) The Board may amend the requirements under this section and allow a reasonable time for applicants to comply

with any additional requirements.

Sec. 901-203. Inspections.

(a) All initial applications and subsequent renewal applications are subject to inspection for health, building and

fire safety inspections. (b) If the request for inspection described in subsection (a) of this section is denied, any officer or employee of the

requesting agency may seek an administrative search warrant from a court of competent jurisdiction authorizing said inspection. Sec. 901-204. Application Review; Grounds for Denial.

(a) The Administrator shall issue a new license, or grant the renewal of a license, except as provided in subsections

(b), (c), or (d) of this section, which require the Administrator to deny any application for a new license, or renewal of a license, and except as provided in subsections (e) and (f) of this section, under which the Administrator may deny any application for a new license, or renewal of a license.

(b) The Administrator shall deny any application for a new license, or renewal of a license, if any of the following

are shown to have occurred at the hotel property: (1) The applicant makes a material misrepresentation of fact on the application; (2) The applicant or any owner of the hotel has been found in violation of sections 901-202 or 901-203 of this

chapter; or (3) Any owner, applicant, operator, or manager of the hotel is shown to have been convicted of the act of

prostitution or soliciting for prostitution, on the premises of the hotel in question, or any hotel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management.

(c) The Administrator shall deny any application for a new license, or renewal of a license, if the applicant is

delinquent to the city, county or state for any taxes, or indebted to the city, county or state for any other reason unless the delinquency or indebtedness is the subject of pending litigation.

(d) The Administrator shall deny any application for renewal of a license, if the Licensee has failed to comply with

Secs. 801-301 through 801-303. (e) The Administrator may deny any application for a new license, or renewal of a license, if any of the following

are shown to have occurred at the hotel property: (1) The hotel has outstanding orders from the Health and Hospital Corporation of Marion County that have not

been corrected for six (6) months or more, including but not limited to, orders regarding:

i. bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin; ii. mold;

iii. heating, cooling, and ventilation; iv. water supplies, including drinking water and hot and cold availability; v. lavatories, baths, and sewage;

vi. electricity; vii. adequate lighting;

viii. pools and spas; ix. housekeeping practices and policies; x. refuse removal;

xi. defective locks; xii. non-functional smoke or fire suppression systems; OR

xiii. severe structural defects.

March 12, 2018

31

(2) The hotel has outstanding orders from the Indianapolis Fire Department or the applicable township fire department that have not been corrected for six (6) months or more;

(3) The hotel fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA); (4) For any hotel operating in a probationary period, the calls for service ratio is at or above 2.5 over any one (1)

year period after entering probation; (5) The owner, applicant, operator, or manager has obstructed or interfered with correction of the violations, or is

party to pending enforcement actions related to the hotel; or (6) The applicant or any owner of the hotel has hindered or prevented any inspection of the hotel authorized by

Chapter 801 of the Code. (7) The applicant or owner of the hotel has previously violated this chapter by operating without a license. (8) Upon the written recommendation of the Marion County Health and Hospital Corporation, Indianapolis

Metropolitan Police Department, or the Indianapolis Fire Department, the Administrator may prohibit the rental of individual guestrooms or spaces until all violations and orders stemming from such guestrooms or spaces are remedied.

(9) Any attempt to rent any guestrooms or spaces described in subsection (e) (8), or any failure to remedy all

violations or orders for such guestrooms or spaces within three (3) months, shall be deemed a violation under 901-204(e)(5).

(f) The Administrator may deny any application for a new license, or renewal of a license, if a written objection

detailing the reason for objection is submitted by Marion County Health and Hospital Corporation, Indianapolis Metropolitan Police Department, or the Indianapolis Fire Department, and the Administrator concludes that issuance or renewal of the license would be inimical to the public welfare. Sec. 901-205. Suspension and Revocation of License; Emergency Suspension; Closure Procedure.

(a) The Administrator may revoke or suspend a hotel license at any time in accordance with Sec. 801-412 of the

Code, and shall follow the procedures set forth in that section. (b) In accordance with the reasons and procedures provided under Sec. 801-413 and Sec.801-414 of the Code, a

hotel license may be temporarily suspended without hearing by the Mayor or the License Administrator.

(1) If a hotel license is suspended, the hotel is prohibited from furnishing guestrooms or other space to new guests, including but not limited to, conference rooms, ballrooms, pools and spas, and parking lots. The hotel may only continue to operate and furnish guestrooms to current guests, unless an emergency order requires immediate evacuation of the property.

(2) If a hotel license is revoked, the owner of the property is prohibited from furnishing guestrooms or rented space

to new guests and must cease operations within 30 days of a final decision, during which time they must:

(i) notify all guests of the hotel’s cessation of operation; (ii) provide a reasonable amount of time for guests to vacate their guestrooms, which shall be no less than one

week, if requested by a guest; (iii) comply with all health codes and provisions of this chapter until all guests have vacated the property; (iv) allow the City or any partnering organizations or charities to contact current guests directly, in order to

provide information regarding potential alternative housing options; (v) allow for a final inspection to ensure full compliance with this section.

Sec. 901-206. Appeals.

(a) Any applicant or licensee who wishes to appeal a decision of the Administrator may do so under Sec. 801-434.


32

(b) In accordance with Sec. 801-431, appeals will be heard by the Board of the Department of Business and Neighborhood Services and conducted in accordance with procedures set forth in Sections 801-432 through 801-436. Sec. 901-207. Transfer of Hotel License Not Permitted.

(a) No license under this chapter shall be transferable to another person, corporation, firm, partnership, association,

organization or other group acting as a unit. (b) No license under this chapter shall be transferable to another hotel name or franchise, or hotel location or

building.

ARTICLE III – REQUIREMENTS FOR HOTELS; ENFORCEMENT; PROBATIONARY PERIOD;

AUTOMATIC REQUIREMENTS AFTER PROBATIONARY PERIOD;

Sec. 901-301. Hotel License on Premises.

The Hotel shall maintain the license on the premises

Sec. 901-302. Guest Register.

Any Owner, Operator, or Manager of any Hotel shall keep a permanent record of each Guest.

Sec. 901-303. Probationary Period.

(a) Any Hotel that reaches or exceeds a Calls for Service Ratio of 2.5 for the first time will be notified it is operating

in a probationary period. (b) Any hotel that enters a probationary period shall complete meetings, separately or combined, with police, fire,

health, and zoning officials to discuss issues related to the property contributing to criminal activity and actions to mitigate them and limit their impact. Sec. 901-304. Automatic Security Requirements for Continued Calls for Service Ratio at or Above

2.5, Probationary Notice.

(a) Any hotel that maintains a Calls for Service Ratio at or above 2.5 for two (2) consecutive one (1) year periods shall hire and maintain on the property, at the owner’s sole expense, the presence of an off-duty officer with arresting authority between 7:00 PM and 5:00 AM, Monday through Friday, and from 7:00 PM Friday until 5:00 AM the following Monday.

(b) Any hotel that maintains a Calls for Service Ratio at or above 2.5 for two (2) consecutive one (1) year periods

shall implement policies promulgated by the Board, including but not limited to:

(1) A meeting with police, fire, health, and zoning officials to discuss issues related to the property contributing to criminal activity and actions to mitigate them and limit their impact;

(2) Installation of safety and security measures such as, but not limited to, fencing, lighting, public space

surveillance, if any are found by law enforcement to not be in place and necessary to prevent further criminal activity;

(3) Creation and posting of guest rules, which shall be approved by the Administrator in coordination with fire,

policy, and health officials; (4) Implementation and enforcement of a No Trespass list; (5) Implementation of minimum age of 21 for check-in for lodging properties; (6) Requirement of use of valid credit card at check in; and (7) Any additional remediation actions recommended to the Administrator by the city or township police and/or

fire department, and/or Health and Hospital Corporation of Marion County and provided to the applicant.

March 12, 2018

33

ARTICLE IV – RULES AND REGULATIONS; SEVERABILITY

Sec. 901-401. Rules and Regulations.

The Board may modify the requirements created under the Chapter or promulgate reasonable rules and regulations

to carry out the intent of this chapter in accordance with Sec. 226-204 of the Code. Sec. 901-402. Severability.

In the event any section or provision of this chapter shall be declared by a court of competent jurisdiction to be

invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. SECTION 2. Sections 901-1 through 901-4 of the Revised Code are hereby repealed. SECTION 3. 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. 84, 2018. Councillor Adamson reported that the Public Works Committee heard Proposal No. 84, 2018 on March 1, 2018. The proposal, sponsored by Councillor Kreider, amends Chapter 261 of the Code to establish the Solid Waste Division as a separate division of the Department of Public Works. By a 9-0 vote, the Committee reported the proposal to the Council with the recommendation that it do pass. Councillor Miller asked if this will change how they do business, or if they are simply codifying how DPW is already doing business. Councillor Adamson said that this does not change anything as it relates to the public, but just affects the hoops and loops DPW has to navigate in doing what they are already doing. Councillor Adamson moved, seconded by Councillor Kreider, for adoption. Proposal No. 84, 2018 was adopted on the following roll call vote; viz:

24 YEAS: Adamson, Coats, Cordi, Evans, Fanning, Gray, Holliday, Jackson, Johnson, Kreider,

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

Scales, Simpson, Wesseler

0 NAYS:

1 NOT VOTING: Clay

Proposal No. 84, 2018 was retitled GENERAL ORDINANCE NO. 18, 2018, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 18 , 2018 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 261, Department of Public Works.

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

SECTION 1. Section 261-203 of the “Revised Code of the Consolidated City and County”, establishing the divisions of the department of public works, hereby is amended by the deletion of the language that is stricken-though, and by the addition of the language that is underscored, to read as follows:

Sec. 261-203. - Divisions.

The department of public works shall be composed of the following divisions:

(1) The policy and planning division;


34

(2) The engineering division; and, (3) The operations division.; (4) The Indianapolis fleet services division. ; and (5) The solid waste division.

SECTION 2. Section 261-303 of the “Revised Code of the Consolidated City and County”, establishing the duties of the operations division of the department of public works, hereby is amended by the deletion of the language that is stricken-though, and by the addition of the language that is underscored, to read as follows: Sec. 261-303. - Operations division.

The operations division shall provide for the operation, maintenance, cleaning, and repair of all streets and ways and stormwater systems. The operations division shall provide for the pickup and disposal of solid waste and other citizen services as directed.

SECTION 3. Article III of Chapter 261 of the "Revised Code of the Consolidated City and County," regarding the divisions of the department of public works, hereby is amended by the addition of a NEW Section 261- 305, to read as follows: Sec. 261-305. Solid Waste Division.

The solid waste division shall: (1) Provide collection and disposal of residential solid waste;

(2) Provide collection and processing of recyclable materials through the curbside and roll-off recycle program;

(3) Provide collection and disposal of dead animals;

(4) Provide customer service response to all solid waste complaints and services requests; and

(5) Provide other citizen services as directed, including, but not limited to, neighborhood cleanups, special event cleanup, tire disposal, downtown pedestrian solid waste collection and disposal, and solid waste roll-off collection and disposal.

SECTION 4. 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 5. 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 6. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-3-4-14.

NEW BUSINESS

Election of the Clerk of the Council

President Osili stated that he has received a letter of resignation from current Clerk of the Council, NaTrina DeBow. He thanked Ms. DeBow for her excellent service over the years.

March 12, 2018

35

The President opened the floor for nominations for Clerk of the Council. Councillor Scales nominated SaRita Hughes for Clerk of the Council. Councillor Oliver seconded the nomination. Councillor McQuillen moved, seconded by Councillor Adamson, to close nominations. Nominations were closed by a unanimous voice vote, thereby electing SaRita Hughes as Clerk of the Council. President Osili wished Councillor Scales a Happy Birthday. Councillor Pfisterer announced her 15th Annual Job Fair, April 10, 2018, 10:00 a.m. to 2:00 p.m., at Lakeview Church, 47 Beechway Drive. Councillor Jackson announced a Job Readiness Training and Hiring Fair, March 23, 2018, 8:00 a.m. to 3:00 p.m., at Light of the World Church. She said that those interested can go to pathway.org for more information. Councillor Adamson announced a third job fair being held March 26, 2018, 11:00 a.m. to 3:00 p.m., at Martin University. Councillor Fanning said that she will be presenting a college forum in Crawfordsville, Indiana on Saturday, March 17, on “Reshaping Reality: Bridging the Political Divide,” if anyone is interested in an alternative St. Patrick’s Day event.

ANNOUNCEMENTS AND ADJOURNMENT The President said that the docketed agenda for this meeting of the Council having been completed, the Chair would entertain motions for adjournment. Councillor McQuillen stated that he had been asked to offer the following motion for adjournment by: (1) Councillor McQuillen in memory of Paul A. and Katherine Richert and Deputy Jacob "Jake"

M. Pickett; and (2) Councillor Adamson in memory of Doug Prewitt and Sonya Bracy; and (3) Councillor Johnson in memory of Linda Walker; and (4) Councillor Oliver in memory of Tuanita Jo Lee; and (5) Councillor Cordi in memory of James Rennard and Rudy Garza.

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 Paul A. and Katherine Richert, Deputy Jacob "Jake" M. Pickett, Doug Prewitt, Sonya Bracy, Linda Walker, Tuanita Jo Lee, James Rennard and Rudy Garza. He respectfully asked the support of fellow Councillors. He further requested that the motion be made a part of the permanent records of this body and that a letter bearing the Council seal and the signature of the President be sent to the families advising of this action.

There being no further business, and upon motion duly made and seconded, the meeting adjourned at 8:45 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,


36

and Indianapolis Police, Fire and Solid Waste Collection Special Service District Councils on the 12th day of March, 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)

and special service district councils - …€¦ · 5 minutes of the city-county council and...

Documents