STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
) SS: CIVIL DIVISION, ROOM NO. 6
COUNTY OF MARION ) CAUSE NO. 49D06-1802-PL-005209
ZACHARY ADAMSON, JARED EVANS, )
MAGGIE LEWIS, FRANK MASCARI, )
JEFF MILLER, WILLIAM OLIVER, )
VOP OSILI, CHRISTINE SCALES, )
each members of the Indianapolis-Marion )
County City-County Council; and )
NATRINA S. DEBOW, Clerk of the Council, )
)
Plaintiffs, )
v. )
)
STEPHEN CLAY, President of the )
Indianapolis-Marion County City- )
County Council, )
)
Defendant. )
PRESIDENT STEPHEN CLAY’S OPPOSITION
TO PLAINTIFFS’ MOTION FOR
TEMPORARY RESTRAINING ORDER
I. Introduction
On February 8, 2018, eight out of the twenty-five individual members of the
Indianapolis-Marion County City-County Council (“Council”) and NaTrina S. DeBow
(“DeBow”), the former Clerk of the Council, filed a complaint against Stephen Clay, the
President of the Council (“President Clay”), demanding that the Court intervene in Council
proceedings and order the immediate reinstatement of Fred Biesecker (“Biesecker”), former
General Counsel and Parliamentarian, and DeBow to their positions prior to the February 19
Council meeting. According to the plaintiffs, President Clay was “denying the Councillors
access to independent legal and parliamentary advice from Biesecker.” Further, the plaintiffs
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alleged that by terminating and preventing Biesecker and DeBow from performing their
respective jobs, President Clay had purportedly harmed the eight councillors and the public “by
throwing the Council into chaos and preventing it from performing the Council’s public
business.” Having failed to get their way in the Council chambers, plaintiffs now seek refuge in
the Courthouse.
Significantly, the plaintiffs did not cite a single case citation in their legal memorandum
in support of their extraordinary demand. The only evidence that they have submitted to the
Court is an affidavit from Biesecker which is not correct, is self-serving, and has not been
subjected to cross-examination.
Plaintiffs’ Motion for a Temporary Restraining Order is frivolous on its face and should
be denied for reasons including:
1. The power to issue a preliminary injunction should be used sparingly, and such
relief should not be granted except in rare instances in which the law and facts are clearly within
the moving party’s favor. Pathfinder Communications Corp. v. Macy, 795 N.E.2d 1103, 1109
(Ind. Ct. App. 2003) (citing Barlow v. Sipes, 744 N.E.2d 1, 5 (Ind. Ct. App. 2001), trans.
denied).
2. To obtain a preliminary injunction, the moving party has the heavy burden of
showing that: (1) the movant’s remedies at law are inadequate, thus causing irreparable harm
pending resolution of the substantive action; (2) the movant has at least a reasonable likelihood
of success at trial by establishing a prima facie case; (3) threatened injury to the movant
outweighs the potential harm to the non-moving party resulting from the granting of an
injunction; and (4) the public interest would not be disserved. Apple Glen Crossing, LLC v.
Trademark Retail, Inc., 784 N.E.2d 484, 487 (Ind. 2003) (citations omitted).
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3. If the movant fails to prove any of these requirements, the request for injunction
must be denied. Apple Glen Crossing, 784 N.E.2d at 487.
4. Plaintiffs cannot establish a reasonable likelihood of success at trial. In fact,
President Clay intends to file a motion to dismiss as soon as possible. Eight of the nine
plaintiffs, i.e., the individual Council members, have no standing to even file the lawsuit. There
is no allegation that the plaintiffs have been authorized to represent the Council itself. The
Council as an entity and its President must authorize a lawsuit. Indeed, the President of the
Council is the only individual who is authorized to provide instructions to any attorney
representing the Council during litigation. See Revised Code of the Consolidated City and
County, Section 151-7(b).
5. The ninth plaintiff, DeBow, has no standing to seek reinstatement of Biesecker.
At best, she could have standing to file a lawsuit for her own termination, but as will be
discussed, her claim is not ripe for review and would never support any request for a temporary
restraining order. She has yet to pursue her available remedies with the Council regarding her
employment.
6. Biesecker’s contract expired on December 31, 2017. On January 8, 2018,
following the election of President Clay, Biesecker knew he would likely be terminated and
began searching for a new job.
7. In Biesecker’s role as general counsel/Parliamentarian, his client was the Council
as a whole. The Council elected President Clay but Biesecker then counseled individual
members of the Council as to how to remove President Clay. Biesecker did not provide
independent counsel to the Council, rather he acted adversely to the Council and its duly elected
President.
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8. Biesecker’s affidavit contains incorrect statements and omits material facts. He
did not provide independent counsel but, instead, advocated for the Democratic Caucus and
orchestrated a plan to undermine the actions by the Council and its President in his efforts to
secure new employment.
9. Courts are reluctant and should be reluctant to interfere in the proceedings and
decision-making process of a separate branch of government.
10. There is no final decision of any kind for this Court to review. Thus, there is no
real case or controversy sufficiently articulated upon which this Court may rule.
11. There is no irreparable harm. There are multiple lawyers who can provide legal
services to the Council. The City’s Corporation Counsel has offered to provide assistance.
President Clay and the Acting Clerk are appointing an Interim General Counsel who can provide
the appropriate legal services. In addition, by law, if the Clerk of the Council is no longer
employed, the Assistant Clerk becomes the Acting Clerk. The Assistant Clerks are fully capable
and are performing DeBow’s duties. In fact, the existing Acting Clerk has been performing the
required statutory duties for decades and prior to Clerk DeBow’s appointment.
12. The balance of harms favors President Clay. While plaintiffs seek to serve their
own interests, their requested emergency relief infringes upon the powers and functions of the
Council itself and its duly-elected President.
13. The public interest is not in any way served by the filing of this lawsuit. To the
contrary, plaintiffs seek to infringe on the separation of powers doctrine that is embedded in the
Indiana State Constitution and which prevents one branch of government from meddling in the
internal affairs of another. This is not a justiciable issue suitable for adjudication by this Court.
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14. Plaintiffs claim that the public interest was somehow harmed because of the
purported “chaos” in the Council. Any purported “chaos” in the Council is the direct result of
actions taken by these plaintiffs in conjunction with Biesecker and resulted from the vitriolic
animosity and anger of the former Council’s President and others over her loss of office.
15. Indeed, the public has been directly harmed by the actions taken by plaintiffs and
others over the last several weeks. Rather than work with newly elected President Clay, the
plaintiffs and others chose to: (1) engage in a smear campaign to demean and belittle President
Clay without allowing him to defend himself; (2) cause the filing of a motion to have him
removed from office before he had any chance of demonstrating his capabilities or defending
himself from the degrading attacks against him; and, (3) file a frivolous lawsuit attempting to
divert attentions away from the public business.
II. Facts
On January 8, 2018, the Council duly elected one of its members, Stephen Clay, to be its
President by a vote of 14 to 11, defeating plaintiff and former Council President, Maggie Lewis.
(See Exhibit (“Ex.”) 1, Vote Tally, and Ex. 2, Minutes) Lewis, did not accept her loss
graciously, but instead immediately and incorrectly proclaimed that Clay’s win was a Republican
takeover of the council. (Ex. 3) As this Court knows, the Democrats hold the majority of the
Council but there are eleven Republicans. Marion County consists of voters in two parties who
are expected to work together and for the best interests of the County as a whole.
Immediately following the Council meeting, Biesecker, then the Council’s General
Counsel and “Independent” Parliamentarian, began looking for a new job. He emailed
Indianapolis Corporation Counsel Andy Mallon stating that “I assume I will not be retained as
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general counsel, so if there is something I can do to help the administration as a contractor or
employee, please let me know.” (Ex. 4)
The following day, January 9, Biesecker emailed the Council’s Chief Financial Officer
(“CFO”) Bart Brown stating that “since there will likely be a new general counsel by 1/29, is
there any room in our budget to hire majority caucus counsel (i.e., me)?” (Ex. 5 )
On January 10, 2018, Biesecker conveyed to an acquaintance shocking and vicious
remarks: “Well, the child loving Reverend sold his soul to the Republicans and, with the help of
4 other sexist Democrats [i.e., Councillors Joseph Simpson, William C. Oliver, Monroe Gray,
and Lakeisha Jackson], won 14-11. I’m meeting with him [President Clay] today but I suspect I
will soon be able to devote more time to Finnegans Wake. Only 681 pages to go.” (Ex. 6)
At the same time, Biesecker was busy trying to obtain a new contract from President Clay
to continue to remain as General Counsel even though he was engaging in communications with
others to have President Clay removed. Biesecker’s contract as the Council’s General Counsel
expired on December 31, 2017. (Ex. 7) Unbeknownst to President Clay, Biesecker and DeBow
were exchanging multiple emails on how to convince President Clay to agree to a new contract
with Biesecker. They drafted alternative contracts—one for a full year, another with an
addendum for additional services, and yet another, a three-month contract. (Ex. 8) Biesecker
and DeBow discussed how best to approach President Clay to convince him to execute a
contract. Id. Neither Biesecker nor DeBow advised President Clay that they were in discussions
with others regarding his ouster, the support of former President Maggie Lewis, or their
disparagement of President Clay to others.
Also unbeknownst to President Clay, on Thursday, January 25, 2018, Biesecker and
Plaintiff Zach Adamson, engaged in an exchange of emails and telephone conferences,
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discussing actions which could be taken to remove the newly elected President at his first council
meeting scheduled for January 29, 2018. (Ex. 9) In an email claiming to be “private,” Adamson
wanted to know whether a vote of no confidence would have to be placed on the agenda and
“does it need a proposal?” Biesecker responded to the “private” email that “Neither our rules nor
Robert’s Rules mentions a motion or vote of no confidence. It would have no effect other than
expressing the majority’s views. You would have to amend the agenda to add it under new
business. It would not need a proposal.” Biesecker further advised Adamson that at the opening
of the meeting someone should make a “motion to amend the agenda to add (under New
Business) a motion for a vote of no confidence.”
On Monday, January 29, 2018, unbeknownst to President Clay, Biesecker, as “General
Counsel to the City-County Council,” prior to the Council meeting, emailed James Briggs, a
reporter for the Indianapolis Star, that the process for electing a new council president before the
expiration of Council President Stephen Clay’s term “would be governed by council rule 151-
13(c), which states that, “Any officer elected by the city-county council may be removed upon a
majority vote of all members of the city-county council; however, no vote shall be had upon a
removal until the motion to do so has been made a special order of business by vote at a meeting
at least one (1) week prior thereto.” (Ex. 10)
Biesecker did not inform the reporter about relevant code cites including Rev. Code 151-
61(b) which states “Any proposal which contemplates a resolution or other action by a council in
the nature of …admonishment or proclamation shall be designated ‘a proposal for a special
resolution.’ The proposal shall be properly before the council for final action unless the
president or council refers or tables the proposal. If eight (8) councillors so request, the proposal
shall be referred to a committee.” Rev. Code 151-1211 also requires “Any allegation of
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violations of the ethical standards of this chapter [to] be initiated by a councillor … by filing a
statement of allegations, that complies with section 151-1122, with the clerk of the council.”
This then requires the matter to be referred to the ethics committee and the specific ethics
procedure followed.
No proposal was submitted in advance of the meeting nor was any notice provided to
President Clay and the full Council that Biesecker and others had devised a plan to unseat
President Clay before he had any opportunity to act as President and carry out his duties.
On January 29, 2018, Biesecker’s plan was carried out, Following the registry of
attendance, the pledge of allegiance, and prayers, President Clay moved for the Adoption of the
Agenda. A Democratic council member moved “to amend the agenda under new business by the
addition of a motion to place on the agenda at the next regular meeting of the Council on
February 19, 2018 a special order of business to remove the President of the Council.” (Ex. 11,
Agenda; Ex. 12, Minutes; and, Ex. 13, Vote Tally. The handwritten motion is “to place on
agenda under new business to add removal of Pres. To Feb. 19 agenda.”
This motion came as a great surprise to the President and the Council as a whole. Indeed,
it was a motion made purportedly because of a “lack of confidence” in President Clay’s
leadership even though he had not even had the opportunity to demonstrate his leadership role.
Without prior discussion there was a vote: 12 Yeas, 11 Nays, and 2 Absent. (Ex. 12, 13)
Council minority leader Mike McQuillen asked for an explanation of this vote result, saying that
it takes 13 votes in order for a motion to pass. Biesecker said that a motion on a procedural
matter, which is what it is, only requires a majority of those present, not a majority of the full
body. (Ex. 12) McQuillen advised that he did not understand the need to remove the President
from office when there are no allegations or violations recognized. As he advised, any
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allegations of violations on conduct of a councillor are to be filed with the Clerk and referred to
the Ethics Committee. He moved to send the issue to the Ethics Committee. According to the
minutes, Plaintiff/Councillor Adamson replied that this is a motion to amend the agenda, and is
not an ethics debate. Without being invited or recognized to speak, Biesecker stated that there
was nothing in the motion with regard to ethics or any charges, but was simply a procedural
motion. McQuillen correctly advised that this was an ethics related motion and should be
referred to and heard by the Ethics Committee. According to Biesecker (again without any
invitation to speak), this was not an ethics complaint but the removal of the President was simply
a “procedural” motion and at the February 19 Council meeting would require 13 votes for
passage. At no time did Biesecker advise the Council that he was directly involved in providing
the strategy for the removal of President Clay, contrary to the Council’s lawful election of him as
its President. Instead, he abandoned his role of impartial parliamentarian and played a
substantive role in the conversation.
On January 31, 2018, President Clay terminated Biesecker and DeBow. (Ex. 14)
Despite his termination, on February 2, 2018, Biesecker contacted the Assistant Clerks
Angela Gonzalez and Leslie Williams requesting committee agendas and other documents. (Ex.
15) Further, in another email he attempted to convince the clerks to assist in the removal of
President Clay by advising them that: “Also, for the 2/19 agenda, I suggest putting the removal
vote where we put election of officers – after official communications and before adoption of
agenda.” (Ex. 16) Two hours later Biesecker advised Assistant Clerk Gonzalez that “As you
know, the President, with assistance from council staff, sets the preliminary agenda, which is not
final until it is adopted by the full council at the council meeting.” Id.
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On February 8, 2018, the Democrat Caucus (on its own and without inviting President
Clay to attend or allowing him to defend himself) issued a vitriolic, libelous resolution expelling
him from the Democratic Caucus of the Council because of his alleged “dishonesty and blinding
self-interest,” his conspiracy with other councillors, his alleged violations of the law, and his
self-serving and blatant betrayal of the Democrat Caucus.” (Ex. 17) Besides the resolution,
plaintiffs also issued other statements which sought to admonish President Clay’s ethics claiming
he was deceitful, betrayed the trust of voters, and was unfit to serve as President. (Ex. 18)
For his part, President Clay has consistently advised the Council that he believes it is in
the best interests of the community and the voters to work together in a constructive and
productive manner. (Ex. 19)
As President Clay stated following his election, “I think what we saw today is what
happens when Democrats and Republicans work together form the common good.” “I’m
grateful for the privilege to be able to serve, and tomorrow we govern So we fall back in line
and we move the people’s agenda forward.” (See Ex. 3)
On February 8, 2018, eight council members (less than one third of the council) and
DeBow filed this lawsuit seeking a temporary restraining order.
III. LEGAL AUTHORITIES AND ARGUMENT
A. The Plaintiffs Lack Standing to File This Lawsuit
Although the Indiana constitution contains no “case or controversy” requirement, the
federal limits on justiciability are instructive, because the standing requirement under both
federal and state constitutional law fulfills the same purpose: ensuring that the litigant is entitled
to have the court decide the merits of the dispute or of particular issues. Hibler v. Conseco, Inc.,
744 N.E.2d 1012, 1023 (Ind. Ct. App. 2001). The standing doctrine constitutes a significant
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restraint upon the ability of Indiana courts to act as it denies courts any jurisdiction absent actual
injury to a party participating in the case. Id. It restricts the courts to real controversies in which
the complaining party has a demonstrable injury. Id. In order to establish standing, a plaintiff
must demonstrate a personal stake in the outcome of the lawsuit and must show that he has
sustained or is in immediate danger of sustaining some direct injury as a result of the conduct at
issue. Id. As noted by the court in Hibler, federal law is instructive on this point. In Raines v.
Byrd, the Unites States Supreme Court addressed the standing of individual members of
Congress who had voted against a bill to file suit alleging that the bill in question was
unconstitutional. One element of the case-or-controversy requirement is that plaintiffs, based on
their complaint, must establish that they have standing to sue. Raines v. Byrd, 521 U.S. 811, 818
(1997). A plaintiff’s complaint “must establish that he has a ‘personal stake’ in the alleged
dispute, and that the alleged injury suffered is particularized as to him.” Raines, 521 U.S. at 819.
The Court found that the members of Congress did not meet that standard and also thought it
significant they were not authorized to represent their respective Houses of Congress. Id. at 829.
First, appellees have not been singled out for specially unfavorable treatment as
opposed to other Members of their respective bodies. Their claim is that the Act causes a
type of institutional injury (the diminution of legislative power), which necessarily
damages all Members of Congress and both Houses of Congress equally.
Raines, 521 U.S. at 821.
The Councilor-Plaintiffs in this action are in a position similar to those in Raines: None
of them have established a “personal stake” in the dispute regarding the clerk and general
counsel that is any different from other members of the Council. Indeed, the alleged injuries at
issue are to the Council as a whole, not to any individual members. See Verified Complaint,
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para. 1, (“Clay’s … actions are continuing to harm the Councillors, … by throwing the Council
into chaos and preventing it from performing the Council’s public business”).
Further, there is no allegation that the Councilor-Plaintiffs have been authorized to
represent the Council. Indeed, the President of the Council is the only individual who is
authorized to provide instructions to an attorney representing the Council during litigation.
Revised Code of the Consolidated City and County, Section 151-7(b). That is clearly not the
case here.
Based upon the foregoing, the Councilor-Plaintiffs lack standing to bring this action and
any complaint filed by them must be dismissed.
With respect to Plaintiff DeBow, she clearly lacks standing as well to pursue this action
and has no personal stake in the reinstatement of Biesecker.
B. Biesecker Has No Right to Reinstatement
The plaintiffs’ allegations are based on the terminations of two individuals, Fred
Biesecker, who was general counsel to the Council and is not a party to this action, and Plaintiff
Natrina DeBow, who served as Clerk to the Council. The actions that President Clay took with
respect to both individuals are not the proper subjects of an action before this Court. Each will
be addressed in turn.
With respect to Biesecker, most telling is the fact that he is not even a party to this action.
Even if the Court deems the Plaintiff Councillors to have standing to assert some sort of claim
regarding Biesecker, they cannot prevail on the merits. Biesecker was the Council’s general
counsel and parliamentarian. Complaint, para. 1. The Complaint alleges that President Clay
violated the Marion County ordinances “by denying the Councillors access to independent legal
and parliamentary advice from Biesecker.” Complaint, para. 1. The general counsel is
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appointed by the President upon recommendation by the Rules and Public Policy Committee,
subject to approval by the full Council. Rev. Code Sec. 151-100. There is no ordinance or
statute that specifies that the general counsel is appointed for a specific term. See Rev. Code
Sec. 151-98 through 151-101. Likewise, there is no provision that establishes requirements or a
process to be followed in terminating the general counsel. See Id. Rather, the terms of
Biesecker’s employment were set forth in a Legal Services Agreement (Agreement) executed on
February 1, 2016, by Biesecker and Councilor Maggie Lewis, the previous Council President.
See Ex. 7, Legal Services Agreement. The Agreement specifically states that it was in effect
from January 1, 2017, through December 31, 2017. Id. at 3. No new Legal Services Agreement
had been executed as of the date President Clay informed Biesecker that his services were no
longer needed. (See Ex. 8) There is no provision that states the general counsel continues to
serve until his/her successor is appointed. See Rev. Code Sec. 151-98 through 151-101.
Therefore, plaintiffs’ claim that President Clay acted without authority in not renewing
Biesecker’s contract is not supported by the law or facts.
Plaintiff Councillors had no reasonable expectation that Biesecker would continue in his
position without a contract and failed to exhaust their own internal processes for maintaining him
in that position. The Plaintiff Councillors could have followed the Council’s procedures, which
are set forth in the ordinances, and have the Rules Committee recommend and the Council
approve Biesecker’s reappointment to the position of general counsel. See Rev. Code Sec. 151-
100. This process was followed in prior years that Biesecker was general counsel. See Ex. 20,
Council Minutes 2/8/16, 1/9/12; Rules Committee Minutes 1/9/12, 1/27/15. They failed to do so
both before and after President Clay’s decision not to renew Biesecker’s contract. Because
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Plaintiff Councillors’ failed to exhaust their own internal processes to renew Biesecker’s
contract, they may not invoke the power of the Court to do that which they failed to do.
In addition, there has not been any harm to the Council or the public. The Council has
not been deprived of independent legal counsel. First, Biesecker did not provide independent
counsel. He was serving others, not the Council. Second, the Office of Corporation Counsel for
the Consolidated City and County agreed to provide necessary legal advice to the Council while
the position of general counsel is vacant. See Ex. 21, E-mail from Andy Mallon, Corporation
Counsel. In addition, President Clay has himself and through the interim clerk, contracted with
Suzannah Wilson Overholt to act as interim parliamentarian and counsel to the Council until
such time as the Rules Committee recommends and the Council approves, a new general
counsel. See Ind. Code 36-3-4-8.5 (a); and Ex. 22, Engagement Letter, Overholt Resume.
Overholt has past experience working with the Council through her various roles in City
government, including as Deputy Corporation Counsel for the Office of Corporation Counsel
and Indianapolis Works Transition Director for the office of Mayor Bart Peterson. The
temporary retention of Overholt should address any concerns Plaintiffs have about the lack of a
general counsel and parliamentarian.
Finally, it was appropriate to terminate Biesecker. He forgot that his client was the
Council, not the Democratic Caucus or any individual councilor acting alone or in concert.
Instead he secretly colluded to remove the duly elected President, disparaged him and other
Council members, and concealed substantive information from the President and the Council
itself.
C. DeBow’s Claims Are Not Ripe for Adjudication
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Plaintiff DeBow’s claim, if she has one, is premature. DeBow was re-appointed clerk of
the Council at the January 8, 2018, Council meeting. Complaint, para. 3. The clerk is appointed
to a one year term and serves at the pleasure of the Council. Ind. Code 36-3-4-8(a); Rev. Code
Sec. 151-12, 151-91. The clerk continues in office until her successor is appointed and qualified.
Ind. Code 36-3-4-8(a). However, the clerk’s interest in the position is not absolute, as she serves
at the pleasure of the Council. See Id. Therefore, she could be terminated for any reason at any
time by the Council.
Following his election, President Clay concluded that DeBow was not performing her
duties as expected and that other staff members were actually and capability performing her
statutory duties instead.
If President Clay failed to comply with Council procedures regarding DeBow’s position,
the Council, as the appointing authority, has the ability to override President Clay’s actions.
Each councilor may initiate proposals for introduction to the Council. Rev. Code Sec. 151-63(a).
The Council could take a vote on a proposal regarding DeBow’s status at a full meeting or the
Rules or Ethics Committees could address the matter. Indeed, the Council may approve a
proposal at the same meeting in which it is introduced if it is distributed in advance of the
meeting and a motion to approve the proposal is supported by 15 members of the Council. Rev.
Code Sec. 151-75. Alternatively, the Council could have held a special meeting. See Rev. Code
151-5 (requiring 40% of the Councillors or upon the call of the President). However, the
Council has not taken any of these actions. The first regular Council meeting since DeBow’s
removal is February 19, 2018. Whether the Council will seek to retain DeBow is yet to be seen.
The fact that the Council has failed to take any of the steps within its control to address DeBow’s
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position indicates that this matter lacks the urgency normally associated with the extraordinary
remedies plaintiffs seek here.
Further, the fact that the clerk continues in office until her successor is appointed and
qualified does not necessarily mean that she has the right to be in the physical office performing
her job duties when she has been deemed the inappropriate person for the position pending
formal action by the Council. For example, would a clerk (not necessarily DeBow) found to be
engaged in unlawful conduct be entitled to be kept on the job until a law abiding person could be
appointed? Of course not – the public would not stand for such an outcome. The Code remedies
that issue by specifically providing that the assistant clerks are authorized to perform all of the
duties of the clerk in the clerk’s absence. See Rev. Code Sec. 151-99.
Finally, DeBow’s harm is purely economic – she has not been paid as clerk since she was
terminated. She has an adequate remedy at law against the Council to address that issue.
Indiana law is well-settled that if an award of post-trial damages is sufficient to make the
plaintiff whole for its economic injury, then injunctive relief is not warranted. See Vickery v.
Ardagh Glass Inc., 85 N.E.3d 852, 864 (Ind. Ct. App. 2017), reh'g denied, No. 49A02-1702-PL-
330, 2017 WL 6461127 (Ind. Ct. App. Dec. 19, 2017).
D. Plaintiffs’ Claims Are Non-justiciable and
Infringe on the Separation of Powers Doctrine.
The separation of powers doctrine is embodied in Article 3, Section 1, of the Indiana
Constitution, which states:
The powers of the Government are divided into three separate departments; the
Legislative, the Executive including the Administrative, and the Judicial: and no
person, charged with official duties under one of these departments, shall exercise
any of the functions of another, except as in this Constitution expressly provided.
I.,. Art. 3, § 1.
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The separation of powers doctrine prevents the courts from reviewing political, social,
and economic actions within the exclusive province of coordinate branches of government. Berry
v. Crawford, 990 N.E.2d 910, 915 (Ind. 2013) (citing Peavler v. Bd. of Comm'rs of Monroe
Cnty., 528 N.E.2d 40, 44 (Ind.1988)). The purpose of this doctrine is “to rid each separate
department of government from any influence or control by the other department.” Berry, 990
N.E.2d at 415 (quoting A.B. v. State, 949 N.E.2d 1204, 1212 (Ind.2011)).
As such, Courts should be very careful not to invade the authority of the legislature. Nor
should anxiety to maintain the constitution, laudable as that must ever be esteemed, lessen their
caution in that particular; for if they overstep the authority which belongs to them, and assume
that which pertains to the legislature, they violate the very constitution which they thereby seek
to preserve and maintain. Berry, 990 N.E.2d at 415 (quoting State ex rel. Bd. of Comm'rs of
Benton Cnty. v. Boice, 140 Ind. 506, 514, 40 N.E. 113, 113 (1895)).
Although jurisdiction is granted to the courts by the Constitution, such jurisdiction is
neither absolute nor unlimited. Berry, 990 N.E.2d at 417. Thus, prudential concerns may render a
dispute non-justiciable by the courts. Id. There is a distinction between jurisdiction and
justiciability. Jurisdiction is defined as “[a] court's power to decide a case or issue a decree.” Id.
(citing Black's Law Dictionary 927 (9th ed. 2009)). It is the power in the first instance for a court
to exercise authority over and rule on a dispute. Id. at 918. Justiciability, on the other hand, is
“[t]he quality or state of being appropriate or suitable for adjudication by a court.” Id. (quoting
Black’s Law Dictionary at 943). Accordingly, prudential concerns over the appropriateness of a
case for adjudication may preclude the courts from deciding a dispute on the merits. Id.
Traditionally, the justiciability discussion under Indiana law has focused on questions of
standing and mootness. Id. see, e.g., City of Indianapolis, ex rel. City–Cnty. Council of
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Indianapolis & Marion Cnty. v. Ind. State Bd. of Tax Comm'rs, 261 Ind. 635, 637, 308 N.E.2d
868, 869 (1974) (dismissing appeal due to a “fundamental lack of ‘justiciability,”’ resulting from
a lack of standing). However, a separate justiciability concern arises when courts are asked to
review internal matters of a coordinate branch of government. City of Indianapolis, 261 Ind. at
637, 308 N.E.2d at 869. In such situations, although the courts have jurisdiction to review the
case in the first instance, justiciability concerns stemming from Article 3, Section 1, caution the
courts to intervene only where doing so would not upset the balance of the separation of powers.
Id. Thus, the decree issued by a court pursuant to its lawful jurisdiction may, on occasion, state
that, for prudential reasons, the issues in the case at hand are non-justiciable. Id.
In Berry, members of Indiana House of Representatives Democratic Caucus filed suit
against the Speaker of House, State Auditor, and others to recover full pay and for injunctive
relief after House Republican Caucus, by motion, imposed fines on members for having
intentionally absented themselves from state in order to block vote on pending legislation. The
Marion County Superior Court granted plaintiffs' motion to dismiss in part, certified order for
interlocutory appeal, and stayed the case. A second action was filed on the same basis after fines
were imposed on House Democratic Caucus members after they again absented themselves from
state in order to block vote on pending legislation. Upon consolidation, the Marion Superior
Court, David J. Dreyer, J., entered judgment for House Democratic Caucus members, and the
defendants appealed. On appeal, the Indiana Supreme Court ruled that General Assembly had
exclusive constitutional authority to compel attendance of members of House Democratic
Caucus and to impose discipline for violations of internal rules of operation, and that the suit was
non-justiciable under the separation of powers doctrine. Berry, 990 N.E.2d at 421-22.
19
Likewise, this Court should refrain from interfering with the internal operations of the
Council and its President, including the selection or retention of its General Counsel and Clerk.
These matters are still properly before the Council and will be addressed at the February 19
meeting, just a few days away. There is no issue before the Court that the Court should or must
adjudicate. The Council should attend to Council business, not the courts.
IV. CONCLUSION
Based on the foregoing, Council President Stephen Clay requests that this Court deny
plaintiffs’ Motion for a Temporary Restraining Order.
Respectfully submitted,
/s/ Linda L. Pence
Linda L. Pence, Attorney No. 13198-98
Phillip J. Fowler, Attorney No. 20126-02
Suzannah Wilson Overholt,
Attorney No. 17148-53
SmithAmundsen LLC
Capital Center South Tower
201 North Illinois Street, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 615-3118; Fax: (317) 615-3119
Email: Lpence@salawus.com
PFowler@salawus.com
SOverholt@salawus.com
Attorneys for Defendant Stephen Clay,
President of the Indianapolis-Marion County
City-County Council
20
CERTIFICATE OF SERVICE
I certify that on the 15th day of February, 2018, I electronically filed the
foregoing document using the Indiana E-Filing System (IEFS). I also certify that on the 15th day
of February, 2018, a copy of the foregoing document was served on the following persons via
IEFS:
Karen Celestine-Horseman
Austin & Jones, PC
karen@kchorseman.com
William R. Groth
Fillenwarth Dennerline Groth & Towe, LLP
wgroth@fdgtlaborlaw.com
Octavia Florence Snulligan
26 West Washington Street
Indianapolis, IN 46204
/s/ Linda L. Pence
Linda L. Pence
Attorney for Defendant Stephen Clay
Proposal:PRESIDENT
Sponsor:
Action: Motion
Committee:Whole
Lewis: ~1
Le,~+S~~
Adamson
Evans
Johnson
~~aY~-,4
Clay
Coats
Cordi .
Fanning
Abstain -4
Not Voting -0
Excused -0
Indianapolis City -County Council
2016-2019
2016-2019
1!8/20187:48PM
Ordinance:
('.lctY :14 Abstain:0 Not Voking:0
Lewis Mowery
Mascari Osili
Miller Ray
Gray McHenry
Holliday McQuiilen
Jackson Oliver
Kreider
RCS# 1107
Excused:0
Robinson
Scales
Pfisierer
Simpson
Wesseler
EXHIBIT
b
a
(FAILED)
MINUTES OF THE CITY-COUNTY COUNCIL
AND
SPECIAL SERVICE DISTRICT COUNCILS
OF
INDIANAPOLIS,MARION COUNTY,INDIANA
REGULAR MEETINGS
MONDAY,JANUARY 8,2018
The City-County Council of Indianapolis, Marion County,Indiana and the Indianapolis Police
Special Service District Council, Indianapolis Fire Special Service District Council and
IndzanapoIis Solid Waste Collection Special Service District Council convened in xegular
concurrent sessions in the Council Chamber ofthe City-County Building at7:00p.m.on Monday,
January 8,2018,with Councillor Lewis presiding.
Councillor Lewis introduced T.D Robinson, pastor of Mt. Paran Baptist Church, who led the
opening pxayer and then invited all present tojoin 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:
2S 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
0ABSENT.
A quorum oftwenty-five members being present,the President called the meeting to order.
OFFICIAL COMMUNICATIONS
The President called for the reading of Official Communications. The Clerk read the following:
TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE
COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION
COUNTY,INDIANA
Ladies And Gentlemen
You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid
Waste Collection Special Service Qistrict Councils will be held in the City-County Building, in the Council
Chambers,on Monday,January 8,2018,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/Maggie A. Lewis
President, City-County Council
EXHIBIT.
a
9
Journal ofthe City-County Council
December 28,2017
TO PRESIDENT LEWIS AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND
SOLID WASTE COLLECTION SPECIALSERVICE DISTRICT COUNCILS OFTHE CITY OFINDIANAPOLIS
AND MARION COUNTY,INDIANA:
Ladies and Gentlemen:
have approved with my signature and delivered this day to the Clerk of the City-County Council, Na7rina
DeBow,the following ordinances:
FISCAL ORDINANCE NO. 49, 2017 -approves the 2018 Budget of the Woodruff Place Economic
Improvement District
GENERAL ORDINANCE NO.74,2017 —amendsthe Code to establish by ordinance the manner and Corm in
which the county recorder may provide bulk form copies to bulk users
GENERAL ORDINANCE NO. 75, 2017 —approves intersection controls at Oakland and Nowland Avenue
(District 17)
GENERAL ORDINANCE NO.76,2017 — authorizes a change in parking restrictions on Central Avenue from
34th Street to 11th Street(Districts 9,11,17)
GENERAL ORDINANCE N0.77,2017 —authorizes parking restrictions on 24th Street between Illinois and
Meridian Streets(District 11)
GENERAL ORDINANCE NO.78,2017—authorizes intersection controls at Linton Lane and Thornieigh Drive
(District9)
GENERALORDINANCE NO.79,2017—authorizes parking restrictions on Park Avenue near East23rd Street
(District 11)
GENERAL ORDINANCE NO. 80, 2017 -- authorizes a speed limit reduction to 25 miles per hour in the
Treyburn Green,Treyburn Lakes and Treyburn Manor subdivisions (District 18)
GENERAL ORDINANCE NO. 81, 2017 — authorizes a speed limit reduction to 25 miles per hour in the
Washington Trail subdivision (District 19)
GENERAL ORDINANCE NO.82,2017 —authorizes intersection controls at Waldemar Road and 94th Street
(District 1)
GENERAL ORDINANCE NO. 83, 2017 -authorizes intersection controls at Gent Avenue and 19th Street
(District 11)
GENERAL ORDINANCE NO.84,2017 — authorizes intersection controls at Boyd Avenue and Finley Avenue
(District 21)
SPECIAL ORDINANCE NO. 10, 2017 -approves the issuance of economic development tax increment
revenue bonds in an approximate aggregate amount not io exceed $2,665,000 for the River House Broad
Ripple Project in orderto provide a portion of the costs of acquisition,construction,equipping and preservation
of asix-story, mixed-use apartment building consisting of 87 apartment units, rooftop amenity deck, 4,996
square feet of o(iice space,and structured parking located at6311 Westfield Boulevard(District 2),and other
expenses related thereto
GENERAL RESOLUTION NO. 28, 2017 —approves the issuance of special taxing district bonds of the
Redevelopment District in an amount not to exceed $14,000,000 for the purpose of refunding an Installment
Purchase Contract between the Department of Metropolitan Development and Market Square Garage/Ops
Partners, LlC for the parking garage commonly known as the Bank One Garage,and approves transaction
costs related thereto
GENERAL RESOLUTIOIN NO.29,2017 —approves total expenditures of $1,282,750for calendar year 2018
from Community Revitalization Enhancement District(CRED)Funds for various improvements benefitting the
Lafayetle Square CRED(aka International Marketplace)
GENERAL RESOLUTION NO.30,2017 —approves the statement of benefits for CraftMark Bakery LLC,an
applicant for tax abatementfor property located in an Economic Revitalization Area
GENERAL RESOLUTION NO. 31, 2017 —approves the statement of benefits for Federal Express
Corporation, an applicant(or tax abatementfor property located in an Economic Revitalization Area
GENERAL RESOLUTION NO.32,2077 -approves the statement of benefits for Li(eOmic, Inc., an applicant
for tax abatement for property located in an Economic Revitalization Area
GENERAL RESOLUTION NO.33,2017 -approves the issuance of refunding notes in an aggregate principal
amount not to exceed $3,200,000 for the Capital Improvement Board of Managers of Marion County
January 9,2017
SPECIAL RESOLUTION NO.44,2017-recognizes the Ben Davis High School Giantsfootball team for their
2017 Indiana High School Athletic Association(IHSAA)6A State Championship win
SPECIAL RESOLUTION NO. 45, 2017 -approves the amounls, locations and programmatic operation of
certain projects to be funded from Community Development Grant Funds
s/Joseph H. Hogsett, Mayor
ORGANIZATION OF COUNCIL
Selection ofTennporary Presiding Officer
President Lewis asked for consent to appoint Fred Biesecker, Parliamentarian, as the temporary
chairman ofthe meetingfor purposes ofthe election ofofficers. Consent was given. ThePresident
passed the gavel to Mr.Biesecker.
Election ofOfficers
Mr. Biesecker opened the floor for nominations for President of the Counczl. Councillor Evans
nominated Councillor Lewis for President. Councillor Adamson seconded the nomination.
Councillor Simpson nominated Councillor Clay far President. Councillor Oliver seconded the
nomination. Councillor Gray moved, seconded by Councillor Adamson,to close nominations.
Nominations were closed by a unanimous voice vote.
Councillor Clay was elected as President on thefollowing toll call vote;viz:
11 FOR LBWIS: Adamson, Evans, Johnson, Lewis, Mascari, Miller, Mowery, Osili, Ray,
Robinson,Scales
14 FOR CLAY.• Clay, Couts, Cordi, Fanning, Gruy, Holliday, Jackson, Kreider, McHenry,
McQuillen, Oliver,Pfisterer,Simpson, Wesseler
Councillor Clay thanked his colleagues for their vote ofconfidence and said that he hopes this is
the first step in moving forward to look like one unified city. He said that he looks forward to
serving and working with all his colleagues in the coming year.
Mr.Bieseckeropened thefloorfornominationsfor VicePresidentofthe Council. Councillor Coats
nominated Councillor Kreiderfor VicePresident. Councillor McQuillen seconded the nomination.
Councillor Mascari nonninated Councillor Adamson for Vice President. Councillor Johnson
seconded the nomination. Councillor Gray moved,seconded by Councillor McQuillen,to close
nominations. Nominations were closed by a unanimous voice vote.
Councillor Adamson was elected as Vice President on the following roll call vote; viz:
14 TOR ADAMSON:Ada~n,rnn,Evans, Gray,.lucksnn,Johnson,Lewis,Mascnri,Miller, Oliver,
Osili, Ray, Robinso,i,Scales,Simpson
11 FOR KREIDER: Clay, Coai,r, Cordi, Fnnnirtg, Holliday, Kreider, McHenry, McQuillen,
Mowery,Pfisterer, Wesseler
Councillor Adamson said that he shared his thoughts and objectives with members in a statement
left at each desk,and he thanked them for their vote ofconfidence. He said that he hopes they can
move forward and engage all members as one body.
Jownulofthe City-County Council
Mr. Biesecker opened the floor for norrzinations for Clerk of the Council. Councillor Osili
nominated NaTrina DeBow for Clerk of the Council. Councillor Adamson seconded the
nomination. Councillor McQuillen nominated Angela Gonzalez for temporary Clerk of the
Council. Councillor Clay seconded the nomination.
Councillor Kreider asked why the nomination is temporaz~y. Councillor McQuillen said that he
assumes that President Clay will want to choose someone to fit his needs, and it makes sense to
him to nominate an individual with more than 20 years of service and experience in the Council
office to serve in the interim until the President has a replacement. Fred Biesecker, General
Counsel,stated that the Council Rules indicate the position ofclerk is to be nominated and elected
at the first meeting of the year. Councillor McQuillen said that he would like his nomination to
standfor Clerk ofthe Council.
Councillor McQuillen moved,seconded by Councillor Kreider,to close nominations. Nominations
were closed by a unanimous voice vote.
NaTrina DeBow was elected as Clerk on thefollowing roll call vote; viz:
14 YEAS:Adam.snn,Evans,Gray,Jackson,Johnson,Lewis,Mascari,Miller,Oliver, OSZII, Ray,
Robinson,Scales,Simpson
11 NAPS: Clay, Coats, Cordi, Fanning, Holliday, Kreider, McHenry, McQuiflen, Mowery,
Pftsterer, Wesseler
Councillor Adamson moved,seconded by Councillor McQuillen,fox a brief xecess. The motion
carried by a unanimous vote.
Certification ofCaucus Leaders
NaTrina DeBow,Clerk of the Council,stated that she has certifications that Councillor Gray has
been selected as leader ofthe Democratic Caucus and Councillor McQuillen has been selected as
leader ofthe Republican Caucus.
ADOPTION OF THE AGENDA
Newly elected President Clay proposed the adoption of the agenda as distributed. Without
objection,the agenda was adopted.
APPROVAL OF THE JOURNAL
ThePresident called for additions orcorrections to the Journals ofDecember 18,2017. There being
no additions or corrections,the minutes were approved as distributed.
PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCIL RESOLUTIONS
President Clay recognized Councillors Adamson,Gray and McQuillen,who presented Councillors
Jason Holliday,Scott Kreider,Maggie Lewis,Michael McQuillen,Brian Mowery,William Oliver,
Leroy Robinson and Joseph Simpson with certificates for perfect attendance at Council and
Committee meetings for 2017.
January9,2017
Seeing that the sponsorfor the next agenda item,Councillor Pfisterer,is outofthe room,President
Clay asked for consent to postpone Proposal No.5,2018 on the agenda until she returns. Consent
was given.
INTRODUCTION OFPROPOSALS
PROPOSAL NO. 1, 2018. Introduced by Councillor Adamson. The Clerk read the proposal
entitled: "A Proposal for a Fiscal Ordinance which approves an additional appropriation of
$13,000,000 in the 2018 Budget of the Department of Public Works(Motor Vehicle Highway
Fund)for the design,construction and inspection ofcapital projects related to the Transportation
and Capital Improvement Program (CIP)"; and the President refereed it to the Public Works
Committee.
PROPOSAL NO.2,20]8.Introduced by Councillor Miller. The Clerk read the proposal entitled:
"A Proposalfor a General Ordinance which approves weightlimit restrictions on McCarty Street,
from River Avenue to Harding Street (District 16)"; and the President referred it to the Public
Works Committee.
PROPOSAL NO.3,2018.Introduced by Councillor Miller. The Clerk read the proposal entitled:
"A Proposalfox a General Ordinance which authorizes parking restrictions on McCarty Streetfrom
Warman Avenue to Reisner Street(District 16)"; and the Presidentreferred it to the Public Works
Comunittee.
PROPOSAL NO.4,2018.Introduced by Councillors Evansand Cordi. The Clerkread theproposal
entitled: "AProposalfor a GeneralOrdinance which amendsthe codeto add Chapter901 regarding
hotels and places ofpubliclodging";and thePresidentreferred itto the Metropolitan and Economic
Development Committee.
PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCII..RESOLUTIONS
PROPOSAL NO.5,2018. The proposal,sponsored by CouncillorsPfisterer,Evans and McHenry,
recognizes Kathryn Raasch as the 2017Indiana Association ofSchool Principals(IASP)Principal
ofthe Year. Councillor Pfisterer stated that Ms.Raasch is being recognized in front ofthe school
board tonight and could not attend this evening's meeting,but sheis very excited to be recognized
at the next meeting.. Councillor McQuillen moved,seconded by Councillor Adamson,to postpone
Proposal No.S,2018 until January 29,2018. Proposal No.5,2018 was postponed by a unanimous
voice vote.
SPECIAI,ORDERS-PRIORITY BUSINESS
PROPOSAL NOS. 6-12, 2018. Introduced by Councillor Osili. Proposal Nos. 6-12, 2018 are
proposals for Rezoning Ordinances certified by the Metropolitan Development Commission on
December 29, 2017. 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. 1-7, 2018, the original copies of which
ordinances are on file with the Metropolitan Development Commission, which were certified as
follows:
9
Journal ofthe City-County Council
REZONING ORDINANCE NO.1,2018.
2017-ZON-011
5900,5946,5950,5954 AND6002 WEST MINNESO'T'A S17ZEET(A,PPROXIMA`I'E ADDRESSES)
WAYNB TOWNSHIP,CD#22
INDIANAPOLIS AIRPORT AUTHORITY,DEEWII.SON,DEE WII.SON
LNING TRUSTDTD 10/17/07,by David Kingen and Justin Kingen
Rezoning of2.16 acres,from the D-3 and SU-46Districts,to theI-2classification.
REZONAVG ORDINANCE NO.2,2018.
2017-ZON-058
6302(6320)EAST RAYMOND STREET(APPROXIMATE ADDRESS)
WARREN TOWNSHIP,CD#18
INDIAN AMERICAN SENIOR SOCIETY INC.,by Pat Rooney
Rezoning of7.5 aczes from the D-A district to the 3U-38 classification to provide for a community
center.
REZONING ORDINANCE NO.3,2018.
2017-ZON-067
1428 AND 1430BROAD RIPPLE AVENUE(APPROXIMATE ADDRESSES)
WAS}iTNGTON TOWNSHIP,CD#2
ZTNKAN ENTERPRISES,by Thomas Michae]Quinn and Russell L.Brown
Rezoning of 0.864 acre, from the C-3 (FW), D-5(FW) and SCT-37 districts to the D-P (FW)
classification to provide for amixed-use commercial and residential development,with a density of
44 units per acre and 6,500squarefeet ofcommercial spa.
REZONING 012DINANCE NO.4,2018.
2017-ZON-074
1228-1236(EVEN NATTONAL AVENUE AND 1327, ]329, 1331, 1337 AND 1501 STAIVDISH
AVENUE(APPRO}~MATE.ADDRESSFS)
PERRY TOWNSHIP,CD#16
STItATBGIC CAPITALPARTNERS,LI,C,byPeter D.Cleveland
Rezoning of1.36 acresfrom the D-5 districtto the UQ-1 classification.
REZONING ORDINANCE NO.5,2018.
2017-ZON-075
201 SOiJ'i'I-T HARDING STREET, 170 AND 340 SOUTH WFIITE RIVER PARKWAY, WEST
DRIVE AND 514DROVER STREET(APPROXIMATE ADDI2BSSES)
CENTER TOWNSHIP,Cb#16
AMBROSEPROPER7'X GROUP,LLC,by Timothy E.Ochs
Rezoning of 103.2 acresfrom the C-1(RC)(FW)and I-4(RC)(FW)districts to the CBD-S(RC)(FW)
classification to provide for three use districts; A,B,and C,with thefollowing uses pernutted in all three
districts:
Single-family detached dwelling;single-farruly attached dwelling;multi-fami]y dwelling;live-work unit;
nursing home;assisted living facility; business,art or other post-secondary school Business,art or other
post-secondary proprietary school; community center; day care center or nursery school; greenway;
museum,library or art gallery; public safety facility of post office; religious uses;schools ofany type;
medical or dental offices, centers, clinics or laboratories; veterinarian services; artesian food and
beverage; farmer's market; consumer services or repair of consumer goods; financial and insurance
service; Laundromats; printing services; bar or tavern; eating establishment or food preparation;indoor
recreation and entertainment,including spectator venue;nightclub orcabaret;theateror music hall;hotel,
motel or hostel; offices, business, professional or government; outdoor recreation and entertainment,
including marina;research and development of any type; department store; grocery store;liquor store;
retail, light and heavy- general; parking ]ot and parMng garage,commercial;transit center or node;and
all accessory uses permitted in the CBD-2and CBd-3 districts.
In addition, Area "A" and "C" are permitted to have a substation and utility distribution nodes and
wireless communications facilities;Area"B"and"C"uepermitted to have an automobilefueling station;
and Area"C"is permitted to have artisan manufactwing;light manufacturing; automobile, mororcycle
and light vehicle sales,rental or repair;and warehousing,wholesaling and distribution.
l~
January 9,2017
Development Standards for District"A"wou]d allow 140%lotcoverage;zero-footfront, side and rear
setbacks,exceptalong Oliver Avenue where]0feetisrequired whereoutdoorseatingis provided and 10
feetis required along an ~Iley ifa setbackis provided;15-foot maximum frontsetback;135feetbuilding
height adjacent to Oliver Avenue, otherwise unlimited; and other development standards would be
consistent with CBD-2district.
Development Standards for District"B"would allow 100%]ot coverage;zero-footfront,side and rear
setbacks,except along Oliver Avenue where 10feet is required where outdoor seating is provided and
along an alley where 10feetis required ifa setback is provided; 15-foot ma~mum frontsetback;and a
60-footorfive-story ma~cimum building height.
Development Standards for District"C"would allow 100%lot coverage;zero-footfront,side and rear
setbacks,exceptalong an alley where 10feetisrequired ifasetbackis provided;75-£oot maximumfront
setback;and no m~ucimum building height.
RF70NIIVG ORDINANCE NO.6,2018.
2017-ZOIV-076
7021 SOUTH FRANKLIN ROAD(APPR03ffMA'!B ADDRESS}
FRANKLIN TOWNSHIP,CD#25
CHRISTOPHER AND REBECCA SHOREY,byJoseph D.Calderon
Rezoningof3.97 acresfrom theD-A districtto the C-1 classification.
REZONING ORDIIVANCE NO.7,2018.
2017-ZON-079
948, 956 ANA 960 NORTH RURAL STTtEET AND 955, 959 AND 960 EASTERN AVENUE
(APPROXTMA7"E,ADDRESSES)
CENTER TOWNSHIP,CD#17
NEAREASTRENEW?.I.AND STEVEN MCCLOUD,byJoeSmoker
Rezoning of0.46acrefrom the C-3 districtto theD-5classification.
ANNOUNCEMENTS AND ADJOURNMENT
ThePresident said thatthe docketed agendaforthis meeting ofthe Council having been completed,
the Chair would entertain motions for adjournment.
Councillor McQuillen stated that he had been asked to offer the following m:otzon for adjournment
by:
(1) Councillor Fanning in memory of Melvin Fox;and
(2) Councillor Wesseler in memory ofLarry Jones;and
(3) Councillor McQuillen in memory of Aleea Cherise Graves;and
(4) Councillors McQuillen and McHenry in memory of Nadeen Biddinger;and
(5) Councillors Kreider and Adamson in memory ofDelia Diaz;and
(6) Councillors Cordi and Kreider in memory of Annabeth Smith;and
(7) Councillor Cordi in ~neinory of Grace Janette Davis and Juliann Jackson;and
(8) Councillor Pfisterer in memory ofFred Olofson and Bill Costello;and
(9) Councillor Adamson in memory of Arbia Faye Lewis;and
(10)Councillor Johnson in memory ofSean William Gleason; and
(11)Councillor Lewis in memory of Harry Gurnell,Jr.
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 Melvin Fox, Larry Jones,
Aleea Cherise Graves, Nadeen Biddinger, Delia Diaz, Annabeth Smith, Grace Janette Davis,
Ju]iann Jackson,Fred Olofson,Bill Costello,Arbia Faye Lewis,Sean William Gleason,and Harry
Gurnell, Jr. He respectfully asked the support offellow Councillors. He further requested that the
motion be made a part ofthe permanentrecords ofthis body and that a letter bearing the Council seal
and the signature ofthe President be sent to the families advising ofthis action.
Journal ofthe City-County Council
There being nofurther business,and upon motion duly trade and seconded,the meeting adjourned at
7:36 p.m.
We hereby certify thatthe above and foregoingis afull,true and completerecord ofthe proceedings
ofthe regularconcurrent meetings ofthe City-Council ofIndianapolis-Marion County,Indiana,and
Indianapolis Police,Fire and Solid Waste Collection Special Service DistrictCouncilson the8th day
ofJanuary,2018.
In Witness Whereof,we have hereunto subscribed owr signatures and caused the Seal ofthe City of
Indianapolis to be affixed_
Yt~„ ~ -
President
ATTEST: ~-
Clerk f he Council
(SEAL)
1?_
Stephen Clay becomes Indianapolis council president as Republicans pull off'coup` Page 1 of2
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Stephen Clay becomes Indianapolis council president as
Republicans pull off'coup'
James T3riees,james.briggstai indystar.com Published 9:1R p.m.ETJan.8,2018 ~ Updatcvl 2:42 p.m.ETJan.9,2018
The balance of power in Indianapolis politics shifted Monday as DemocratStephen Clay rode a wave of
Republican supportto become City-County Council president, a win that negates Democrats'14-11 council
majority.
Clay defeated former Council President Maggie Lewis,14-11,including votesfrom nine Republicans and five
Democrats.The vote capped an ugly race that wasfought in the aftermath of a sexual groping accusation
against Clay that became public in recent days and that he strongly denied.
(Photo:JamesBriggs/lndyStar)
"I think what we saw today is what happens when Democrats and Republicans can work togetherfor the
common good," Clay said."And I'm grateful for the privilege to be able to serve,and tomorrow we govern. So, we fail back in line and we move the
people's agenda forward."
"it smells." Councilman decries deal made in private to develop homes at Westfield golf course(/storvinews/locallhamiiton-
county/2018/01/09/councilman-says-deaI-develop-homes-westfieId-golf-course-smells/1015400001/)
Members of Clay's party might be slow to fall back in line, though.
Clay became council president, in part, by offering Republicans unprecedented influence over the council for a minority party. Clay plans to appoint
Republicans to chair some committees,a structure that Republican Minority Leader Michael McQuiilen said might never have otherwise existed for a
minority party.
"Indianapolis will now see a bipartisan committee structure in which both Republicans and Democrats will chair committees of the City-County Council,"
McQuillen said."I think that will give all the people of Indianapolis a beater chance to hear their voice and to move fonNard with the people's business."
But it also will reduce the role of Democrat majority.
Lewis,the first woman council president in Indianapolis, who had served in that role since 2012,called Clay's win a Republican takeover of the council.
"In our political world, we call it a coup, right?" Lewis said."So,you go to the other side that are not a part of your party and you do a power grab and
that's really what happened."
EXHIBIT
When asked if Clav would continue to be welcomed in the Democratic caucus. Lewis said."That's a great question " ~
hops://www.indystar.com/story/news/local/marion-county/2018/O U08/stephcn-clay-becomes-Indian
Stephen Clay becomesIndianapolis council president as Republicans pull off coup' Page 2of2
have no idea,"she said."Because, ngh[ now,there's a lot of hurt teelings and a lot of heads hanging because our election has been taken away from
us." SUBSCRIBE TODAY
(HTTP://OFFERS.INDYS7AR.COM/SPECIALOFFER?
Clay in recent days biai~iE~ ~a or r~ e5' atu 4 a public accusation ~s~lv~i~ws/local/marion-rp nt 1R7~17Q71pC~glnq;rlai(n;f~sUffOC~s-atlanGt-
~~tfY~~=BE~v~n:a~~~~vr_iv~~vrorvr=r3-nrrv~~s~R&U'
Indianapolis-councilman-stephen-ciav/1007949001/)that Clay groped a boy more than a decade ~ip~~ ~~t,~ap~n~~~fppp@~Jq~?Q~lis
resident,told IndyStar Clay groped him when he was 13 or 14. BryanYs mother, Maxine Bryant,and a childhood friend, Chad Spann,told IndyStar
Jonathan Bryant told them about the alleged incident in the early 2000s.
Clay has denied wrongdoing and on Monday renewed his assertion that Lewis was behind recent media reports about the accusation.
"I do believe,in my own personal estimation,some of this wasfueled and fanned by the opposition," Ciay said.
Lewis denied that she had anything to do with the accusation.
"This brave young man came out and shared his story, and for his story to be overshadowed by politics, iYs really sad to me;'Lewis said."My heart goes
out to him as a victim. I don't know him, but I do apologize that my politics has overshadowed his bravery."
McQuillen said he was comfortable with Clay as president.
"In my conversation with President Ciay, he assured me there was no basis to the(accusation)," McQuillen said."I believe he's a man of his word."
Republicans last month expelled Councilor Jeff Millerfrom their caucus because of criminal charges he is facing that he fondled two girls at his home last
year. Miller, who remains engaged in council business, has pleaded not guilty to three felony charges.Every council Republican has called on Miller to
resign.
Clay has acknowledged he talked to police about Bryant's accusation more than a decade ago, but has emphasized no charges were filed. McQuillen
said that distinction made him comfortable with Ciay.
Clay's victory stunned many Democrats who supported Lewis. DemocratZach Adamson,who won re-election as vice president ofthe council,said he is
not sure what happens next.
"I'm notsure what priorities we will embrace now that we weren't doing before,"Adamson said.
The council president sets the direction for the CityCounty Council,selecting committee chairs and assigning proposals to committees.The council
president also receives slightly better compensation than rank-and-file members.
Councilors earn annual salaries of$11,400, plus per diems for attending meetings that can push the total to more than $1A,000.
The council president receives an additional $1,982 per year.The vice president, majority leader and minority leader each get an extra $1,320 per year.
Clay did not offer any specific plans that he has for the council under his leadership.
"The people who were able to vote made a clear decision of where they want to go and we believe that'sjust building on some of the things that the
former president has done and then building on that and improving some things that maybe were not done to the extent they could have been done,"
Clay said.
McQuillen offered the clearest indication of what is to come. Republicans will have greater control over committees.
Cal!lndyStarreporterJames Briggs at(317)444-6307. Follow him on Twitter:(c~JamesEBrigqs(https//twittercom/iamesebrigqs).
Read or Share this story: http://indy.sU2CRV1 Nf
r;,,srna
IPISPORTS
1lttps://www.indystar.com/story/clews/local/marion-county/2018/0]/08/stephen-clay-becomes-indianaJ~ol... 2/12/2018
From: Mallon,Andy
Sent: Monday,January O8,2a188:42 PM
To: Biesecker,Fred R.
Subject: Re: New council president
Absolutely.
Sentfrom my iPhone
On Jan 8,2018,at7:43PM,8iesecker,Fred R.<Fred.Biesecker~indy,~ov> wrote:
assume I will not be retained as general counsel,so ifthere issomething I can do to help the
administration as a contractoror employee,please let me know. Thank you...
Fred R.Biesecker
General Counselto the City-County Council
200 ~.Washington St., Room 225
{ndianapolis,iN 46204
317-~27-4232
fred.bieseckerC~indy.~ov
i
EXHIBIT
From: Brown, Bart B.
Send Tuesday,January 09, 2018 3:47 PM
To: Biesecker, Fred R.
Subject: RE: Majority caucus counsel
Good point,thatshould be available
Bart Brown
CFO
City-County Council ofIndianapolis and Marion County
20Q East Washington Street,T24~
Indianapolis,Indiana X46204
317.327.4246
bart.brownCu~indv~ov
From:8iesecker, Fred R.
Sent:Tuesday,January09,2418 3.46PM
To:Brown,Sart B. <Bart.Brown@indy.gov>
Subject:Re: Majority caucuscounse{
1 would think the new GC doesn't necessarily have to getthe$20k bump i was going to get.
from:Brown, Bart B.
Sent:Tuesday,January 9,2018 3:44 PM
To:Biesecker, Fred R.
Subject: Re: Majority caucus counsel
There is ifTed doesn't get a bump
Sentfrom my iPhone
On Jan 9,2018,at 3:42PM,Biesecker, Fred R. <Fred,Biesecker@indy.~ov> wrote:
Since there will likely be a new general counsel by 1/29,is there any room in our budgetto hire
majority caucus counsel(i,e., me)? Thanks...
i
EXHIBIT
a
From: Biesecker, Fred R.
Sent: Wednesday,January 10. 2018 8:45 AM
To: peterkougasian@yahoo.com
Subject: Ite: Suspense killin' me!
Well,the child laving Reverend sold his soulto the Republicans and,with the help of4other sexist Democrats,won 14-
11.I'm meeting with him today but i suspect I willsoon be able to devote more time to Finnegans Wake. Only 681
pagesto go.
Sentfrom my iPhone
> On Jan 10,2Q18,at7:18 AM,"peterkougasian@yahoo.com"<peterkougasian@yahoo,com> wrote:
> What happened atthe meeting?
> Thanksso much farschlepping outto White Plains to see me.It was great getting caught up.
> Original Message
> From:Fred.Biesecker@indy.gov
> Sent:January 5,2018 x:05 PM
> To: peterkougasian@yahoo.com
> Subject:Re:Snowmageddon
> Looks like we will getto White Plains around 5. We will take a cab to Burke.
> Sentfrom my iPhone
» On Jan 3,2018,at8:54 PM,"peterkougasian@yahoo.com"<peterkougasian@yahoo_com> wrote:
» That would be great but remember,no pressure!
» Original Message
» From: Fred.Biesecker@indy.gov
» Sent:January 3,20187:06 PMwo
» To: peterkougasian@yahoo.com
» Subject: Re:Snowmageddon
» Because Annette just retired I don't think a Village brownstone is in our future,but we would like to see you Friday
afternoon/evening if the cyclone and the therapy schedule permit.
» Sentfrom my iPhone
»> On Jan 3,2018,at 6:43 PM,"peterkougasian@yahoo.com"<peterkougasian@Yahoo.com> wrote:
»>
1
EXHIBIT
~U~-~;~~1'-i~~I~,
I,.EGAL SERVICES.AGREEMENT
BY THIS MEMORANDUM OFACREEMEIYT("Agreement"),the City-
County CouncilofIndianapolis and Ma~ox~ Caunfy("Council"),retainsFredR
Biesecker("General Counsel")to provide certain legalservicesforthe Council uponthe
teams and conditions hereinafterstated.
1. Appointment: The Councilhas appointed Fred R.Biesecker as its Genexal
Caw~se~.
2. Regular Services:
a. Biesecker agrees to renderthe legal sezvicesspecified anthe ~Zn1es of
fihe Counciland tkus Agreementin accordance with the directions of
thePresidentandthe Counczl.
b. The generalduties ofthe GeneralCounselshall be asfollows:
(1)Cou~neillors'Regaests: Reseaxchanaldraftpxoposats and
amendmentsasxeq~ested by Councillors and revise
proposalsaiad amendments as appropriate;consultwith
Councillors who requestlegaladvice asto Council matters,
subjectto authorizationofthePresidentifany specific
project willinvolve oventhree hoursto psrfoxm.
(2)ProceduralMatters: Review all proposals prior to
introduction as to fornn and legality,and supervise
preparation ofCouncil mee#ing agenda;advise the Council
staffgenerally as to the legalrequirements relevantto
Council business,supervise tl~e preparation ofthe Journal,
and review and proofthe Jo~u~caal ~ozlegalsufficiency and
accuracy.
(3} Codification: Coordinateand supezvisethe codif~catianof
municipal ordinances.
(4)Formal Opiuiions: Researchlegalissues and prepare Iegal
opinions withrespectto Council business.
EXHIBIT
(S~ General: Council Meetings: Attend all council meetings
(unless excused bythe President),act as parliamentarianto
the Council,renderlegal advice as requested,and advisethe
Council asto legal requirementsfor Council pxocedures an:d
actions.
(~ Committees: Attend all meetingsofthe Rules and Public
policy Corn.~nittee,analother cornrnittees when requested by
the Committee Chair,thesponsor ofa proposal scheduledfor
heazi~.g before a co flee,ox whentk~.e discussionoflegal
questions can be anticipated,renderlegaladvice as requested
and draftamendmentsto pending proposals.
(7)Counselto thePresident: Performlegalresearch and render
legal opinions as requested by the Presidenfi,advisethe
Presidentasto legal matters affecting Councilbusiness and
procedures,undertakesuch special pxojects asare assigned
bythe President.
(8)Cou~seito Caucuses: Attend caucuses when requested b~
the cauc~xsleader.
(9)General Counsel: Supervise and coordinate activities of
assistantattaz~aeys azad contractattorneys,coordinate withthe
Corporation Counselofthe City ofIndianapolis,Marion
County,and otherpublic o;Cfiicials with respectto x~aatters
presented#o the Council,advise aad negotiate with those
having buszness beforethe Council.
c. Itis anticipated thatthe servicesto be provided underthis Agreement
will involve approxiz~c~ate~y Six Hundred Eighty-Szx(68G}hours per
year by the GeneralCounsel.
3. Compensation: Forsuch:services,the Council sha11 pay Bieseckerr atthe rate
ofone Hundred Fifty Dollars($150.00)per hourfox his services.
4. Payment: Compensation shall be paid monthly on the basis ofactual charges,
tt~e total charges hereuYider notto exceed One Hundred-Two Thousand Nine
Hundred Dollars($102,900.00),except when authorized as provided in
paragraph6.
5. Term: This Agreementshall be in e££ectfor the pexiod ofJanuary 1,2017
through December31,2017unlesssoonerterminated or extendedfrom time
to time bythePresident.
6. AdditionalServices: Itis anticipated thatthe Council will desire Biesecker
to provide servicesin additionto those general duties described above. Any
substantial additional services or special assignments,including auy
subcontractsforservices authorized hereunder,shall be provided pursuantto
separate addenda,engagementletters or agreements approved by thePresident
ofthe Council,and paid accordingly.
7. Termination: This Agreementshallterminate atanytime Bieseckeris no
longer ableto providethe servicesrequired bythis Agreement. The Council
mayterminatethis Agreementin accordance with Council Rules or other
relevantpersonnel policies.
Dated:~Q..~. ~J ,2017
CITY-COUNTY COUNCIL
t
BY:
Magg wis,President
Fred R.Biesecker,General Counsel.
BY: /(~
Fred R.Biesecker
.31T.327.=230faz
NaTriraa.DeBow@indy.gov
c~re,Fastzva~ to~'znrl~/ourse~istofose~nursefin t/z~eservice ofotters."
~c~~e 1,'i~rce is af~Naq/s riJc r~t to clo 4v'~rcC~is riJc'ri~ ,~
J
From:Biesecker,Fred R.
Sent:Wednesday,January 31,2Q189:29 AM
To:Debow,NaTrina <NaTrina.Debow@indv.Qov>
Cc:Brown,Bart B.<Bart.Brown(~indv.~ov>
Subject:FW:Contract
FYI. !'m tired of working without a contract.
From:Biesecker,Fred R.
Sent:Wednesday,January 31,20189:27 AM
To:Stephen 1 Clay(jaiclav aol.com}{faiciay@aol.comj<jaiclay(c~aol.com>
Subject:Contract
President Clay,
When you have a spare moment,I would like to getsome closure an my contract.
have prepared two versions—one would cover the foil year of2018(on the same terms as my 2017 contract),and the
other would rover only the firstthree monthsofthis year(but could be renewed or extended). The intent ofthe three-
month contract isthat it would probably take at leastthat long forthe council presidentto selectsomeone else as
general counsel; for that person to be approved by both the RulesCommittee and the fu11 council;and for a reasonable
transition period. Also,the three month contract would be useful ifthere has not yet been a decision on whetherto
selectsomeone else asgeneral counsel. pbviously, I would preferthe one-year contract,but I need to have a contract
ofsame sort in place in order to get paid for my work in 2018.
Thank you for your consideration.
Fred R. Biesecker
General Counsel to the City-County Council
200 E. Washington St., Room 225
Indianapolis,1N 46204
317-327-4232
fred.biesecker@indy.~ov
EXHIBIT
From: Biesecker, Fred R.
Sent:
Wednesday,lanuary Z7,2018 10:I5 AM
To:
Debaw,NaTrina
Cc:
Brown,Bart B.
Subject: Re:LEGAL SERVICES AGREEMENT 8iesecker 2Q17.docxv,2.docx--207.8 stat.dacx
Pease held itfor now.Thank you
Sentfram my iPhone
On Jan 17,2018,at 10;12 AM,Debow,NaTrina <NaTrina.DebowC~indy,~ov> wrote:
do you want me to give him the3 mo one ton or hold onto it to see what he decides to dofirst?
7rina ~e~ozu
CCcrkoftfie City-C~~~l~~ry Counat
200East4~t1as(irrgtonstreet,7241 CCU
IradianapoCs,IJY'95204
31?.327.4290office
317.5~4.9D06ceCC
317.327.4230fug,
NaTrina.DeBnw@indy.gov
c~re,hest wa~/Go~'znrL~ourse~isto~oss~/nursefzn ireserv%ce nf'ot~ers."
'(1/Ie tineis aI-rt~a~/e5'TZJi lI~ ~b CLO TYf7[Z"(i ZeS 7'ZJi"/77~i I'
J
From:Biesecker,Fred R.
Sent:Tuesday,January 16,20187:05 PM
To:Debow,NaTrina <~faTrina.Qebow@indV.~ov>
Cc:Brown,Bart B.<Bart.Brown indy,~ov>
Subject:Re:LEGALSERVICES AGREEMENT'Biesecker 2017.docxv.2.docx--2018 stat.docx
So,will you give him this version or do you want me to do that? Thank you.
Sentfrom my iPhone
anlan 2b,2018,at 12:15 PM,debow,NaTrina <NaTrina.Debov~~indy.~o~>wrote:
Sounds good.Thanks!
2t'ztta ~De~ott~
('(4r(,oft(re City-('oirttty ~outtciC
20U~Easl`iNns~irr~jtc~n,Street, x/'241 C(,'<3
InclrQtrnpo(fs,I~l~ =1b204
317.327.42 0office
31750.1.9006celC
317.327.4230fa:~
raTrina.DeBow@indy.gov
`c~re,best u~'~~ ~o~'zrecl~oursefistoIcse~ozcrsefin tre service ofct~ers."
~cr~e timeiscrIY~~sr~~tto ~Co w'ratisrJrit"
From:Biesecker,Fred R.
Sent:7uesd~y,January 16,2018 12:11 PM
To:Debow,NaTrina <NaTrina.Debow@indY•~ov>
Cc: Brown,Bart B.<Bart.Srown indV.gov>
Subject: RE:LEGALSERVICES AGREEMENT Biesecker 2017.docxv.2.docx--2018stat.docx
It might make sense to keep the base contractthe same as last year. Paragraph 6
authorizes an addendum for additional services ifthe GC work requires it. Than!<s...
From:Debow,NaTrina
Sent:Tuesday,January 16,2018 12:03PM
To: Biesecker,Fred R.<Fred.Biesecker@indy.gov>
Cc: Brown,Bart B.<Bart.Brown@indy,~ov>
Subject:RE:LEGALSERVICES AGREEMENT Biesecker2017.docxv.2.docx--2018stat.docx
Thank you. i think Barttold him that the additional amount would be forthe Criminal
Justice Complex,but maybe we'll do a separate contractfor that.
77na ~De43o2u
Glerkoftftc City-County C`o~~atci!
200rEast `~l~asli~r~toraStrcet, rI'241 ~~Y13
Iiufiaizapotis, I,~~ 96Z04
317.32%.4240 offi'cc
317.501.9006ce~C
3.17.327.4,230fad
NaTrina.DeBow@indy.gov
~~~e Hest w'e't/ to~nc~zJotcrse~is$~fose ~t/otcrsefirr $~e service o~'ct~iers.°
~/ J
~~e tirze is itfiVa~s'r~rt.t~ ~o zv'~Utisri~Ct„
.................................................
From:Biesecker,Fred R.
Sent:Tuesday,January 16,2~1$ 11:3Q AM
To: Debow,NaTrina <NaTrina.DebowC~indy.~ov>
Cc: Brown,Bart B.<Bart.Brown~a indy.~ov>
Subject:FW: LEGAL SERVICES AGREEMENT Biesecker 2017.ciocxv.2.docx--2018 stat.docx
Here is another alternative draft contract. This one isforthe full year but keeps the
compensation the same as 2017. I think he already has the one I submitted in
2
Decerl~ber that has the $20k increase. I told him this morning that if there is a better
use for tE~e $20k I would forego the increase.
From:Biesecker,Fred R.
Sen#:Tuesday,January 16,2018 11:14 AM
To: Biesecker,Fred R.<Fred.Biesecker@indv.~ov>
Subject: LEGALSERVICES AGREEMENT Biesecker 2017.docxv.2.docx--2018 stat.docx
from: Zach Adamson <Inciyjeepboy@aol.com>
Sent: Friday,January 26,2018 7:07 AM
To: Biesecker,Fred R.
Subject: RE: private
Ok.Thanks.
Many Thanks,
Zach Adamson
From:Biesecker,Fred R.
Sent:Thursday,January 25,20183:57 PM
To:Zach Adamson
Subject:RE:private
It would be a motion to amend the agenda to add(under New Business} a motion for a vote of no confidence.
_ From:Zach Adamson(maitto:indyjeepboy@aol.com)
Sent:Thursday,January 25,20183:15PM
To: Biesecker,Fred R.<Fred.Biesecker@indy.gov>
Subject:RE:private
Sa atthe opening ofthe meeting,during the consentofthe agenda,someone would add the voteto the agenda?
Thanks,
Zach Adamson
From:Biesecker. Fred R.
Sent:Thursday,January 25,2018 1:09PM
To:Zach Adamson
Subject: RE: private
Zach,
Neither our rules nor Robert's Rules mentions a motion or vote of no confidence. It would have no effect other than
expressing the majority's views. You would have to amend the agenda to add it under new business. it would not need
a proposal.
From►: Zach Adamson[mai{to:lndvieepbov@aol.comJ
Sent:Thursday,January 25,2018 12:47 PM
To:Siesecker, Fred R.<Fred.Biesecker~o.indy~ov>
Subject: private
Fred,if we bring up a vote of no confidence on Monday,does it have to be on the agenda and does it need a proposal?
1
EXHIBIT
a
9
From: Biesecker, Fred R.
Sent; Monday,January 29,2018 10:02 AM
To: Councilor Adamson
Subject: RE:call
Yes. office is 327-4232. Cell is 523-2230
dram:Councilor Adamson[mailto:Adamsonforindy@aoi.comJ
Sent: Monday,January 29,20189:56 AM
To:Biesecker,Fred R.<Fred.Biesecker@indy.gov>
Subject:call
Are you free for a phone call?
Many Thanks,
Zach Adamson
Vice President
The Indianapolis City-County Council
City-County Councilor, District 17
Indianapolis Marion County City-Coun#y Council
Committee Assignments:
Public Works
Metro/Econ Development
Community Affairs
Find us on FACEBOOK
And an Twitter @ZachAdamson
Web address and DONATE ON LINE HERE: www.AdamsonForindy.com
From: Brown,Sart 8.
Sent: Monday,January 29,2018 2:33 PM
70: Biesecker,Fred R.
Subject: RE:Procedural hypothetical
Yes,since it is hypothetical.
Bart Brown
CFO
City-County Council ofIndianapolis and Marion County
200East Washington Street,T241
Indianapolis,Indiana 46204
317.327.4246
bart.brown@indy.~ov
from:Biesecker, Fred R.
Sent: Monday,January 29,20182:25 PM
7a:Brown,Bart B.<Bart.Brown@indy.gov>
Subject:Fwd:Procedural hypothetical
Should I answer?
Sentfrom my iPhone
Begin forwarded message:
From:"Briggs,James" <James.Bri~ s ind~star.com>
Date:lanuary 29,2018 at 2:16:02 PM EST
70:"Fred.Biesecke~ind~.~ov" <Fred_Siesedcer(c~indy~ov>
Subject: Procedural hypothetical
Hi,
I'm hoping you can he{p me with a procedural question. If a majority ofcouncil members were to decide
they wanted to elect a new council president before the expiration of Council President Stephen Clay's
term,what would be the process for doing so?
Thanks,
James
1
EXHIBIT
~ l~
from: Brown,Bart B.
Sent: Monday,January 29,2018 3:14 PM
To: Biesecker, Fred R.
Subject: RE:Procedural hypothetical
He was going to learn that eventually
Bart Brown
CFO
City-County Council ofIndianapolis and Marion County
204 East Washington Street,T241
Indianapolis,Indiana 46204
317.327.4246
bart.brownCindv.gov
.................................................................................................................................................................................................................................................................................
from:Biesecker,fired R.
Sent: Monday,January 29,2018 3:13 PM
To: Brown,Bart g.<Bart.Brown@indy.gov>
Subject:FW:Procedural hypothetical
FYI..
From:Biesecker,Fred R.
Sent: Monday,January 29,2018 3;11 PM
To:'Briggs,lames'Uames.Br~s indystar.com>
Subject: RE: Procedural hypothetical
lames,
The hypothetical process would be governed by council rule 151-13(c),which states that,"Any officer elected by the
city-county council may be removed upon a majority vote of aVl members ofthe city-county council; however, no vote
shall be had upon a removal until the motion to do so has been made a special order of business by vote at a meeting at
least one t1) week prior thereto." Thank you...
Fred ft. Biesecker
General Counsel to the City-County Council
200 E. Washington St., Room 225
Indianapolis,IN 46204
317-327-4232
"' NOTICE: This is only a preliminary draft of the City-County Council agenda prepared by the Council staff
pursuant to Sec.151-95 and may not be complete. The President of the Council has not determined the order
of businessforthis meeting pursuanttoSec.151-71. Theagenda will befinal only when approved bythe Council
atthe meeting.
AGENDA
CITY COUNTY COUNCIL
AND THE
INDIANAPOLIS POLICE,FIRE, AND SOLID WASTE COLLECTION
SPECIAL SERVICE DISTRICT COUNCILS
January 29,2018
7:00 P.M.
I. PRAYER AND PLEDGE OF ALLEGIANCE -Councillor Kreider
II. ROLL CALL
III. INTRODUCTION OF GUESTS AND VISITORS
IV. OFFICIAL COMMUNICATIONS
V. ADOPTION OF AGENDA
VI. APPROVAL OF JOURNALS —January 8,2018
VII. PRESENTATION OF PETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCIL RESOLUTIONS
PROPOSAL NO.5,2018 (Special Resolution)
INTRODUCED:01/08/2018 BY:Councillors Pfisterer, Evans and McHenry
REFERRED TO:Committee of the Whole
DIGEST: recognizes Kathryn Raasch as the 2017 Indiana Association of School Principals
(IASP)Principal of the Year
COUNCIL ACTION:
01/08/2018 Postpone until 1/29/2018
PROPOSAL NO.42,2018 (Special Resolution)
INTRODUCED:01/29/2018 BY:Councillors McHenry,Pfisterer and Evans
REFERRED TO:Committee of the Whole
DIGEST: recognizes Patrick Biggerstaff as the Indiana Association for Career and Technical
Education Administrator of the Year
EXHIBIT
~ /~
VII. PRESENTATION OF PETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCIL RESOLUTIONS
PROPOSAL NO.43,2018 (Special Resolution)
INTRODUCED:01/29/2018 BY:Councillor Wesseler
REFERRED TO:Committee of the Whole
DIGEST: recognizes The Belmont Lunch on their 100th Anniversary
PROPOSAL NO.346,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Lewis
REFERRED TO:Administration and Finance Committee
DIGEST: reappoints Leroy Robinson to the City-County Audit Committee
COMMITTEE ACTION:
01/16/2018 Do Pass 8-0
PROPOSAL NO.366,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Lewis and Robinson
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Brian Tuohy to the Marion County Public Defender Board
COMMITTEE ACTION:
01/17/2018 Do Pass 8-0
PROPOSAL NO.369,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Robinson and Lewis
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Jennifer Norton to the Citizens Police Complaint Board
COMMITTEE ACTION:
01/17/2018 Do Pass 8-0
PROPOSAL NO.372,2017 {Council Resolution}
INTRODUCED:12/04!2017 BY:Councillors Robinson and Lewis
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Johnie Underwood to the Reuben Engagement Center Board
COMMITTEE ACTION:
01/17/2018 Do Pass 8-0
PROPOSAL NO.374,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Robinson
REFERRED TO:Public Safety and Criminal Justics Committee
DIGEST: reappoints Caroline Fisher to the domestic Violence Fatality Review Team
COMMITTEE ACTION:
12/06/2017 Postpone until 1/17/2018 7-0
01/17/2018 Do Pass 8-0
PROPOSAL NO.376,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Robinson
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints K.Sue Leonard to the Domestic Violence Fatality Review Team
COMMITTEE ACTION:
12/06/2017 Postpone until t/17/2018 7-0
01/17/2018 Do Pass 8-0
2
VII. PRESENTATION OF PETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCIL RESOLUTIONS
PROPOSAL NO.377,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Robinson
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Kelly McBride to the Domestic Violence Fatality Review Team
COMMITTEE ACTION:
12/06/2017 Postpone until 1/17/2018.7-0
01/17/2018 Do Pass 8-0
Vfll. INTRODUCTION OF PROPOSALS
PROPOSAL NO.13,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Simpson
REFERRED TO:Administration and Finance Committee
DIGEST: approves the Mayor's appointment of John C. Krause as hearing officer to preside
over the administrative adjudication of parking citations and environmental violations
PROPOSAL NO.14,2018 (Special Resolution)
INTRODUCED:01/29/2018 BY:Councillor Simpson
REFERRED TO:Administration and Finance Committee
DIGEST: determines the need to lease space in the Lawrence Fire Departmentfire station at
7620 Oaklandon Road for use by the Indianapolis Fire Department
PROPOSAL NO.15,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Osi1i, Adamson and Miller
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints James T. Kienle to the Indianapolis Historic Preservation Commission
PROPOSAL NO.16,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Jackson and Lewis
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Russell Brown to the Ft. Benjamin Harrison Reuse Authority
PROPOSAL NO.17,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Fanning and Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: appoints Clara Glaspie to the Indianapolis Housing Agency Board of Directors
PROPOSAL NO.18,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Roderick Bohannan to the Metropolitan Board of Zoning Appeals, Division
PROPOSAL NO. 19,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson
REFERRED TO: Metropolitan and Economic Qevelopment Committee
DIGEST: reappoints Mary Kelley to the Metropolitan Board of Zoning Appeals, Division II
PROPOSAL NO.20,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Kim Boyd to the Metropolitan Board of Zoning Appeals, Division III
VIII. INTRODUCTION OF PROPOSALS
PROPOSAL NO.21,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Clay
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: appoints David Greene,Sr.to the Metropolitan Development Commission
PROPOSAL NO.22,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Anthony Bridgeman to the Board of Business and Neighborhood Services
PROPOSAL NO.23,2018 (General Resolution)
INTRODUCED:01/29/2018 BY:Councillor Adamson
REFERRED 70:Metropolitan and Economic Development Committee
DIGEST: 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
PROPOSAL NO.24,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Oliver
REFERRED TO:Parks and Recreation Committee
DIGEST: reappoints Joseph Wynns to the Board of Parks and Recreation
PROPOSAL NO.25,2018 {General Resolution)
INTRODUCED:01/29/2018 BY:Councillors Oliver and Ray
REFERRED TO:Parks and Recreation Committee
DIGEST: 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 2609Senour Road
PROPOSAL NO.26,2018 (Council Resolution)
INTRODUCED:01/29!2018 BY:Councillor Robinson
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reconfirms the Marion County Public Defender Board's nomination of Robert J. Hill as
the Chief Marion County Public Defender
PROPOSAL NO.27,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Evans and Clay
REFERRED TO:Public Safaty and Criminal Justice Committee
DIGEST: reappoints Renee Turner-Pack to the Board of Public Health and Safety
PROPOSAL NO.28,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Clay
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: appoints Jill Johnson to the Marion County Community Corrections Advisory Board
PROPOSAL NO.29,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Clay
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: amends the membership of the community corrections advisory board to conform to
House Enrolled Act(HEA)1218,2017
VIII. INTRODUCTION OF PROPOSALS
PROPOSAL NO.30,2018 (General Resolution)
INTRODUCED:01/29/2018 BY:Councillor Clay
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: approves an amendmentto the 2015 Restated Marion County Sheriff's Department
Personnel Retirement Plan
PROPOSAL NO.31,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillor Gray
REFERRED TO:Public Works Committee
DIGEST: reappoints Henry Williams to the Board of Public Works
PROPOSAL NO.32,2018 (General Resolution)
INTRODUCED:01/29/2018 BY:Councillor Gray
REFERRED TO:Public Works Committee
DIGEST: approves a request of the Department of Public Works to purchase certain real estate
owned by Butler University for the department's Little Eagle Creek Levee Segmentrehabilitation
project
PROPOSAL NO.33,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Adamson
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Ralston Avenue and 33rd Street(District 17)
PfiOPOSAL NO.34,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Evans
REFERRED TO:Public Works Committee
DIGEST: authorizes weight limit restrictions in the residential neighborhood encompassed by
Waldamere and Mickley Avenues(District 22)
PROPOSAL NO.35,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Gray
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls in the Falcon Lakes subdivision (District 8)
PROPOSAL NO.36,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Evans
REFERRED 70:Public Works Committee
DIGEST: authorizes parking restrictions on Chelsea Road,between Lynhurst Drive and Dunlap
Avenue(District 22)
PROPOSAL NO.37,2018 (General Ordinance}
INTRODUCED:01/29/2018 BY:Councillor Simpson
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Clifton Street and 36th Street(District 7)
PROPOSAL NO.38,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Miller
REFERRED TO:Public Works Committee
DIGEST: authorizes a speed limit reduction in the Tibbs Avenue and Maywood Road area to
25 miles per hour(District 16)
5
VIII. INTRODUCTION OF PROPOSALS
PROPOSAL NO.39,2018 (General Ordinance)
INTRODUCED:01/29/2018 BY:Councillor Kreider
REFERRED TO:Public Works Committee
QIGEST: authorizes a speed limit reduction in the Meridian Woods Village subdivision to 25
miles per hour(District 23)
PROPOSAL NO.54,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Craig Von Deylen to the Metropolitan Board of Zoning Appeals, Division III
PROPOSAL NO.55,2018 (Council Resolution)
INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Mark Young to the Metropolitan Board of Zoning Appeals, Division II
IX. SPECIAL ORDERS-PRIORITY BUSINESS
PROPOSAL NOS.45-48,2018 (Rezoning Ordinances)
INTRODUCEQ:01/29/2018 BY:Councillor Jackson
REFERRED TO:Committee of the Whole
DIGEST: rezoning ordinances certified for APPROVAL by the Metropolitan Development
Commission on January 19,2018
PROPOSAL NOS.49-53,2018 {Rezoning Ordinances)
INTRODUCED:01/29/2018 BY:Councillor Jackson
REFERRED TO:Committee of the Whole
DIGEST: rezoning ordinances certified for APPROVAL by the Metropolitan Development
Commission on January 19,2018
X. SPECIAL ORDERS ~ PUBLIC HEARING
PROPOSAL NO.411,2017 {General Resolution)
INTRODUCED:12/18/2017 BY:Councillors Simpson,Johnson,Lewis,Gray and Jackson
REFERRED TO:Administration and Finance Committee
DIGEST: authorizes the issuance of notes in an aggregate principal amount not to exceed
$55,000,000 for the purpose of providing funds to be applied to the costs of site preparation,
construction mobilization,and related engineering, planning,design and consulting in
connection with a proposed community justice campus,and appropriating the proceeds thereof,
states the Council's interest in making a purchase of land, ratifying the appointment of
appraisers with respect to the purchase of land,states the need to lease certain property and
waives the application of Revised Code Chapter 186 with respect to the purchased land and/or
leased property
COMMITTEE ACTION:
01/16/2018 Do Pass As Amended 8-0
X. SPECIAL ORDERS-PUBLIC HEARING
PROPOSAL NO.412,2017 (Fiscal Ordinance)
INTRODUCED:12118/2017 BY:Counciliors Ciay,Simpson,Oliver,Jackson,Scales,Coats,
Kreider and Wesseler
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: approves an additional appropriation of$300,000 in the 2018 Budget of the Office of
Public Health and Safety(Consolidated County General Fund)to cover the cost.of witness
protection
COMMITTEE ACTION:
01/17/2018 Do Pass 9-0
PROPOSAL NO.1,2018 (Fiscal Ordinance)
INTRODUCED:01/08/2018 BY:Councillor Adamson
REFERRED TO:Public Works Committee
DIGEST: approves an additional appropriation of $13,000,OQO in the 2018 Budgetof the
Department of Public Works(Motor Vehicle Highway Fund)for the design,construction and
inspection of capital projects related to the Transportation and Capital Improvement Program
(CIP)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
XI. SPECIAL ORDERS-UNFINISHED BUSINESS
XII. SPECIAL ORDERS-FINAL ADOPTION
PROPOSAL NO.413,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Adamson
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Spring and Walnut Streets(district 17)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
PROPOSAL NO.414,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Cordi
REFERRED TO:Public Works Committee
DIGEST: authorizes weight limit restrictions on Pasadena Street(District 18)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
PROPOSAL NO.415,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Cordi
REFERRED TO:Public Works Committee
DIGEST: authorizes a speed limit reduction to 25 miles per hour on Pasadena Street(District
18)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
PROPOSAL NO.416,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Johnson
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Julian Avenue and Irvington Avenue (District 12)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
XII. SPECIAL ORDERS-FINAL ADOPTION
PROPOSAL NO.417,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Mowery
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Dill Court and Sycamore Run Drive(District 25)
COMMITTEE AC710N:
01/18/2018 Do Pass7-0
PROPOSAL NO.418,2017 (General Ordinance)
INTRODUCED:12/18/2017 BY:Councillor Fanning
REFERRED TO:Public Works Committee
DIGEST: authorizes intersection controls at Evanston Avenue and Burch Drive (District 2)
COMMITTEE ACTION:
01/18/2018 Do Pass7-0
PROPOSAL NO.2,2018 (General Ordinance)
INTRODUCED:01/08/2018 BY:Councillor Miller
REFERRED TO:Public Works Committee
DIGEST: approves weight limit restrictions on McCarty Street,from River Avenue to Harding
Street(District 16)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
PROPOSAL NO.3,2018 (General Ordinance)
INTRODUCED:01/08/2018 BY:Councillor Miller
REFERRED TO:Public Works Committee
DIGEST: authorizes parking restrictions on McCarty Streetfrom Warman Avenue to Reisner
Street(District 16)
COMMITTEE ACTION:
01/18/2018 Do Pass 7-0
XIII. SPECIAL SERVICE DISTRICT COUNCILS
XIV. NEW BUSINESS
XV. ANNOUNCEMENTS AND ADJOURNMENT
The President The docketed agenda for this meeting of Council having been completed,
the Chair will now entertain motionsfor adjournment.
President's Designee Mr. President.
The President The Chair recognizes Councillor McQuillen.
The Councillor Mr. President, i have been asked to offer the following motion for
adjournment:
By Councillors Cordi, Kreider and Scales in memory of Stephen R.Nielsen.
By Councillor Coats in memory of George E. Keller.
By Councillor Johnson in memory of Paul Eugene Sparks,Katherine Eileen
Hurrle,and Mary Esther Sisson.
8
By Councillor McHenry in memory of Cindy Holmgren,Jennifer Neal, and
Donald R. Roof.
By Councillor Wesseler in memory of William Raymond Apple.
By Councillor Cordi in memory of Shannon Sterling Thompson.
By Councillor Pfisterer in memory of John Stark.
ByCouncillor Scalesin memory ofShahparJohansen,Barbara Gilyeat,and
Richard "Wick" McDonald.
By Councillor Miller in memory of David Eugene Cox.
Mr. President, I would like to move the adjournment of this meeting of the
Indianapolis City-County Council in recognition of and respect for the life
and contributions of those persons I have here specifically named.
respectfully ask the support of fellow Councillors. I further request that the
motion be made a part of the permanent records of this body and that a
letter bearing the Councilseal and the signature ofthe President besentto
the family of each person advising of this action.
The President Thank you, Councillor McQuillen. Hearing no objections, the motion is
received and the requests are so ordered.
Hearing no further motions,we are adjourned.
XVI. PENDING PROPOSALS
PROPOSAL NO.203,2017 (Council Resolution)
INTRODUCED:07/24/2017 BY:Councillors Robinson and Lewis
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Elizabeth Eglen to the Domestic Violence Fatality Review Team
COMMITTEE ACTION:
08/09/2017 Postponed 10-0
PROPOSAL NO.213,2017 (General Ordinance)
INTRODUCED:07/24/2017 BY:Councillors Fanning, Evans,Cordi and Miller
REFERRED TO:Rules and Public Policy Committee
DIGEST: amends the Code to expand nonsmoking areas within the consolidated city to include
public parks owned or leased by the city or county
COMMITTEE ACTION:
07/25/2017 Postpone until 9/19/20177-0
09/19/2017 Postpone until 10/24/20177-0
PROPOSAL NO.221,2017 (General Ordinance)
INTRODUCED:08/14/2017 BY:Councillor Clay
REFERRED TO:Rules and Public Policy Committee
DIGEST: limits the duration of service on certain boards and commissions
COMMITTEE ACTION.
09/19/2017 Postpone until 01/2018 7-0
XVI. PENDING PROPOSALS
PROPOSAL NO.242,2017 (Council Resolution)
INTRODUCED:08/14/2017 BY:Councillors Evans and Lewis
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: appoints Allen Bridwell to the Citizens Advisory Committee for Decatur Township
Comprehensive Plan
COMMITTEE ACTION:
09/18/2017 Postpone until 10/2/2017 7-0
PROPOSAL NO.261,2017 (General Ordinance)
INTRODUCED:09/11/2017 BY:Councillor Lewis
REFERRED TO:Rules and Public Policy Committee
DIGEST: amends the city ethics code to clarify that it does not generally apply to separate and
independent municipal corporations
COMMITTEE ACTION:
09/19/2017 Postpone until 10/24/2017 7-0
PROPOSAL NO.262,2017 (General Ordinance)
INTRODUCED:09/11/2017 BY:Councillor Mowery
REFERRED TO:Public Works Committee
DIGEST: amends the Code to require the Board of Public Works and the Engineering Division
of the Department of Public Works to notify City-County Councillors of timelines and updates to
City public works projects within their respective districts
COMM{TTEE ACTION:
09/28/2017 Postpone until 10/19/2017 7-0
10/19/2017 Postpone until 11/16/2017 8-0
11/16/2017 Tabled 8-0
PROPOSAL NO.348,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis
REFERREp TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Cathi Gould to the Property Tax Assessment Board of Appeals
COMMITTEE ACTION:
12/11/2017 Postpone until 1/22/2018 7-0
PROPOSAL NO.350,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints Adam Kirsch to the Metropolitan Development Commission
PROPOSAL NO.351,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis
REFERRED TO:Metropolitan and Economic Development Committee
DfGEST: reappoints John Lewis to the Metropolitan Development Commission
COMMITTEE ACTION:
12/11/2017 Postpone until 1/22/2018 7-0
PROPOSAL NO.352,2017 {Council Resolution)
INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints William Selm to the Metropolitan Development Commission
COMMITTEE ACTION:
12/11/2017 Postpone until 1/22/2018 7-0
10
XVI. PENDING PROPOSALS
PROPOSAL NO.353,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councilors Osili and McQuillen
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: reappoints John Scott Keller to the Indianapolis Housing Agency Board of Directors
COMMITTEE ACTION:
12/11/2017 Postpone until 1/22/2018 7-0
PROPOSAL NO.356,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Adamson
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: appoints Paul Russell to the Woodruff Place Economic Improvement Board
COMMITTEE ACTION:
12/11/2017 Postpone until 1/22/2018 7-0
PROPOSAL NO.373,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Robinson
REFERRED TO:Public Safety and Criminal Justice Committee
DIGEST: reappoints Kasey Banks to the Domestic Violence Fatality Review Team
COMMITTEE ACTION:
12/06/2017 Postpone until 1/17/2018 7-0
01/17/2Q18 Postpone 8-0
PROPOSAL NO.395,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Johnson
REFERRED TO:Rules and Public Policy Committee
D(GEST: confirms the Mayor's appointment nomination of Anne Nobles to the City-County
Ethics Commission
PROPOSAL NO.396,2017 (Council Resolution)
INTRODUCED:12/04/2017 BY:Councillor Lewis
REFERREb TO:Rules and Public Policy Committee
DIGEST: reappoints Barbara Howard to the Alcoholic Beverage Board of Marion County
PROPOSAL NO.4,2018 (General Ordinance)
INTRODUCED:01/08/2018 BY:Councillors Evans,Cordi and Kreider
REFERRED TO:Metropolitan and Economic Development Committee
DIGEST: amends the code to add Chapter 901 regarding hotels and places of public lodging
11
MINUTES OF THE CITY-COUNTY COUNCIL
AND
SPECIAL SERVICE DISTRICT COUNCILS
OF
INDIANAPOLIS,MARION COUNTY,INDIANA
REGULAR MEETINGS
MONDAY,JANUARY 29,2018
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 ofthe City-County Building at7:00p.nn.on Monday,
7anuary 29,2018,with Councillor Clay presiding.
Councillor Kreider recognized Danny Anderson,Senior Pastor ofEmmanuel Church,who led the
opening prayex. Councillor Kreider then invited all present tojoin him in the Pledge ofAllegiance
to the Flag.
ROLL CALL
The President instructed the Clerk to take the roll call and requested members to register their
presence on the voting machine. The roll call was as follows:
23 PRESENT: Admnson, Clay, Coats, Cordi, Evuns, Fanning, Holliday, Johnson, Kreider,
Lewis, Mascari,McHenry,McQuillen, Miller, Mowery, Oliver, Osili, Pfi.rterer, Ray,Robinson,
Scales,Simpson, Wesseler
2ABSENT.• Gray, Jackson
A quorum of23 members being present,the President called the meeting to order.
INTRODUCTION OF GUESTS AND VISITORS
Councillor McHenry recognized Superintendent of Wayne Township Schools,Dr. 7effrey Butts,
and a fellow educator she worked with for several years, Linda Nicholson. Councillor Pfisterer
recognized Pastors Tim Lindsey and Matt Barnes from the Statehouse, who have been gracious
enough to lead a prayer caucus before every Council meeting. She invited anyone who isinterested
to attend.
OFFICIAL COMMUNICATIONS
The President called for the reading of Official Communications. The Clerk read the following:
EXHIBIT
a
3
Journal ofthe Ciry-County Council
TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE
COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OFTHE CITY OF INDIANAPOLIS AND MARION
COUNTY,INDIANA
Ladies And Gentlemen
You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid
Waste Collection Special Service District Councils will be held in the City-County Building, in the Council
Chambers,on Monday,January 29,2018,at7:00 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/Stephen J. Clay
President,City-County Council
January 9,2018
TO PRESIDENT LEW{S AND MEMBERS OF 7HE CITY-COUNTY COUNCIL AND POLICE, FIRE
AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF TWE 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 & Commerclaf
Recordand in the Indianapolis Staron Friday,January 12,2018 a copy of a Notice of Public Hearing
on Proposal No.412,2017 and Proposal No.1,2018,said hearing to beheld on Monday,January 29,
2078 at 7:00 p.m.in the Public Assembly Room of the City-County Building.
Respecttuily,
slNaTrina DeBow
Clerk of the Ciiy-County Council
ADOPTION OF THE AGENDA
The President proposed the adoption ofthe agenda as distributed.
Councillor Simpson moved to add under New Business a motion to place the removal of the
President of the Council on the agenda for the Council meeting scheduled for February 19,2018.
Councillor Oliver seconded the motion.
12 YEAS: Adamson, Evans, Johnson, Lewis, Mascari, Miller, Oliver, Osili, .Ray, Robinson,
Scales,Simpson
11 NAYS: Clay, Coats, Cordi, Fanning, Holliday, Kreider, McHenry, McQuillen, Mowery,
Pfisterer, Wesseler
2ABSENT.• Gray, Jackson
Councillor McQuillen asked for an explanation of this vote result. He said that he understood it
takes 13 votes one way or the other in orderfor a motion to pass. Fred Biesecker,General Counsel,
said that a motion on a procedural matter, which is what this is, only requires a majority of those
present,not a majority ofthe full body.
Councillor McQuillen said that he does not understand the need toremovethePresidentfrom office
when there are no allegations or violations recognized. He said that according to Sec. 151-1121 of
the Code,any allegations of violations on conduct ofa Councillor is to befiled with the Clerk and
referred to the Ethics Committee. He moved to send this discussion and motion to the Ethics
Committee. Councillor Coats seconded the motion.
Councillor Adamson said that this is a motion to amend the agenda, and is not an ethical debate.
There is nothing to send to committee at this tame.
Janumy 29,2018
Mr. Biesecker stated that in 2013, Councillor McQuillen supported a motion made by then-
Councillor Brian Mahern to do this very same thing,to set up a votefor a special order to remove
the president. There was no similar objection made at that time. He said that the rule is very clear
in Sec. 151-13 that no vote is to be made until a motion is made to place it on the agenda atleast a
week before the next meeting. He said that there is nothing in this motion with regard to ethics or
charges,butis simply a motion to follow procedure.
Councillor McQuillen said that there were no ethical concerns voiced in 2013,and he is concerned
that this motion is based on recent allegations in the media. Ifthat is the case,then this should be
handled through the processofthe Ethics Committee. Notdoingso would violate due process,and
he does not want to be a part of that. Mx.Biesecker said that a removal vote could not take place
untilFebruary 19,2018,and astherehasnotbeen any ethicscomplaintfiled,thereis norequirement
that anything be referred or heard by the Ethics Committee. The motion is simply to place a
proposed motion under New Business this evening to make the removal ofthe President a Special
Order atthe next meeting. Ifthis nnotion is adopted tonight under New Business,then the agenda
ofthe February 19,2018 Counci]meeting would include a vote on that motion. At that point,the
motion would notsimply be procedural,but would actually require 13 votesfor passage.
Withoutfurther objection,the agenda was adopted as amended.
APPROVAL OF THEJOURNAL
The President called for additions or corrections to the Journals of January 8,2018. There being
no additions or corrections,the minutes were appxoved as distributed.
PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND
COUNCIL RESOLUTIONS
PROPOSAL NO.5,2018. The proposal,sponsored by Councilloxs Pfisterer,Evans and McHenry,
recognizes Kathryn Raasch as the 2017Indiana Association ofSchool Principals(IASP)Principal
ofthe Year. Councillors Pfisterer,Evansand McHenryreadthe proposalandpresented Ms.Raasch
with a copy of the document and a Council pin. Ms. Raasch thanked the Council for the
recognition. Councillor Pfisterer moved,seconded by Councillor Evans,for adoption. Proposal
No.5,2018 was adopted by a unanimous voice vote.
Proposal No.5,2018 was retitled SPECIAL RESOLUTION NO.1,2018,and reads asfollows:
PROPOSAL NO. 42, 2018. The proposal, sponsored by Councillors McHenry, Pfisterer and
Evans, recognizes Patrick Big~erstaff as the Indiana Association for Careen and Technical
Education Administrator ofthe Year. Councillors McHenry,Pfisterer and Evans read the proposal
and presented Mr. Biggerstaff with a copy of the document and a Council pin. Mr. Biggerstaff
thanked the Council for the recognition. Councillor McHenry moved, seconded by Councillor
Pfisterer,for adoption. Proposal No.42,20l8 was adopted by a unanimous voice vote.
Proposal No.42,2018 was retitled SPECIAL RESOLUTION NO.2,2018,and reads as follows:
PROPOSAL NO. 43, 2018. The proposal, sponsored by Councillors Wesseler and Osili,
recognizes The Belmont Lunch on their 100th Anniversary. Councillor Wesselerread the proposal
and presented representatives with copies of the document and Council pixis. Becky Stamatkin,
Journal ofthe City-County Council
The Belmont Lunch, thanked the Council for the recognition. Councillor Wesseler moved,
seconded by Councillor Osili,for adoption. Proposa3 No.43,2018 was adopted by a unanimous
voice vote.
Proposal No.43,2018 was retitled SPECIAL RESOLUTION NO.3,2018,and reads asfollows:
PROPOSAL NO.346,2017. Councillor Simpson reported that the Administration and Finance
Committee heard Proposal No. 346, 2017 on January 16, 2018. The proposal, sponsored by
Councillor Lewis,reappoints Leroy Robinson to the City-County Audit Committee. By an 8-0
vote,the Committee reported the proposal to the Council with the recommendation thatit do pass.
Councillor Simpson moved,seconded by Councillor Adamson,for adoption. Proposal No. 346,
2017 was adopted on the following roll call vote; viz:
23 YEAS:Adarnson, Clay, Coats, Cordi, Evans, Fanning, Holliday, Johnson, Kreider, Lewis,
Mascari,McHenry,McQuillen,Miller,Mowery,Oliver, Osili,Pfisterer,Ray,Robinson,Scales,
Simpson, Wesseler
0NAYS:
2ABSENT.• Gray,Jackson
Proposal No.346,2017 wasretitled COUNCIL RESOLUTION NO.1,2018,and reads asfollows:
Councillor Evans reported that the Public Safety and Criminal Justice heard Proposal Nos. 366,
369,372,374,376 and 377,2017 on January 17,2018. He asked fox consent to vote on these
proposals together. Consent was given.
PRC?POSAL NO. 366, 2017. The proposal, sponsored by Councillors Lewis and Robinson,
reappoints Brian Tuohy to the Marion County Public Defender Board. PROPOSAL NO. 369,
2017. The proposal,sponsored by Councillors Robinson and Lewis,reappoints Jennifer Norton to
the Citizens Police Complaint Board. PROPOSAL NO.372,201.7. The proposal,sponsored by
Councillors Lewis and Robinson,reappoints Johnie Underwood to the Reuben EngagementCenter
Board. PROPOSAL NO.374,2017. The proposal,sponsored by Councillor Robinson,reappoints
Caroline Fisher to the Domestic Violence Fatality Review Team. PROPOSAL NO.376,2017.
The proposal, sponsored by Councillor Robinson, reappoints K. Sue Leonard to the Domestic
Violence Fatality Review Team. PROPOSAL NO. 377, 2017. The proposal, sponsored by
Councillor Robinson,reappoints Kelly McBride to the Domestic Violence Fatality Review Team.
By 8-0 votes,the Committee reported the proposals to the Council with the recommendation that
they do pass. Councillor Evans moved,seconded by Councillor Adamson,fox adoption. Proposal
Nos.366,369,372,374,376 and 377,2017 were adopted on thefollowing roll call vote; viz:
23 YEAS.• Adamson, Clay, Coats, Cordi, Evuns, Fanning, Holliday, Johnson, Kreider, Lewis,
Mascari,McFlenry,McQuillen,Miller, Mowery,Oliver, Osili, P~sterer, Ray,Robinson,Scales,
Simpson, Wesseler
0NAYS:
2ABSENT:Gray, Jackson
Proposal No.366,2017 was retitled COUNCIL RESOLUTION NO.2,2018,and reads asfollows:
Proposal No.369,2017 was retitled COUNCIL RESOLUTION NO.3,2018,and reads asfollows:
~a,tua,yz9,ao~s
Proposal No.372,2017 wasretitled COUNCIL RESOLUTION NO.4,2018,and reads asfollows:
Proposal No.374,2017 wasretitled COUNCIL RESOLUTION NO.S,2018,and reads asfollows:
Proposal No.376,2017 was retitled COUNCILRESOLITTION NO.62018,and reads asfollows:
Proposal No.377,2017 wasretitled COUNCILRESOLUTION NO.7,2018,and reads asfollows:
INTRODUCTION OFPROPOSALS
PROPOSAL NO. I3, 2018. Introduced by Councillor Simpson. The Clerk read the proposal
entitled: "A Proposalfor a Council Resolution which approves the Mayor's appointment ofJohn
C.Kxause as hearing officerto preside overthe administrative adjudication ofparking citations and
environmental violations"; and the President referred it to the Administration and Finance
Committee.
PROPOSAL NO. 14, 2018. Introduced by Councillor Simpson. The Clerk read the proposal
entitled: "A Proposal for a Special Resolution which determines the need to lease space in the
Lawrence Fire Department fire station at 7620 Oaklandon Road for use by the Indianapolis Fire
Department";and the Presidentrefereed it to the Administration and Finance Committee.
PROPOSAL NO.15,2018.Introduced by Councillors Osili,Adamson and Miller. The Clerk read
the proposal entitled: "A Proposal for a Council Resolution which reappoints James T.Kienle to
the Indianapolis Historic Preservation Commission"; and the President referred it to the
Metropolitan and Economic Development Committee.
PROPOSAL NO.]6, 20I8. Introduced by Councillors Jackson and Lewis. The Clerk read the
proposal entitled: "A Proposal for a Council Resolution which reappoints Russell Brown to the Ft.
Benjamin Harrison Reuse Authority"; and the President referred it to the Metropolitan and
Economic Development Committee.
PROPOSAL NO. 17,20l8.Introduced by Councillors Fanning and 7aekson. The Clerk read the
proposal entitled: "A Proposal for a Council Resolution which appoints Clara Glaspie to the
Indianapolis Housing Agency Board ofDirectors";and the Presidentreferred it to the Metropolitan
and Economic Development Connmittee.
PROPOSAL NO. 18, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the
proposal entitled: "A Proposal for a Council Resolution which reappoints Roderick Bohannan to
the Metropolitan Board of Zoning Appeals, Division I"; and the President referred it to the
Metropolitan and Economic Development Committee.
PRQPOSAI. NO. l9, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the
proposal entitled: "A Proposal for a Council Resolution which reappoints Mary Kelley to the
Metropolitan Board of Zoning Appeals, Division II"; and the President referred it to the
Metropolitan and Economic Development Committee.
9
Journal ofthe Ciry-County Council
PROPOSAL NO. 20, 2018. Introduced by Councillor Jackson. The Clerk read the proposal
entitled: "A Proposal for a Council Resolution which reappoints Kim Boyd to the Metropolitan
Board of Zoning Appeals, Division III"; and the President referred it to the Metropolitan and
Economic DevelopmentCommittee.
PROPOSAL NO.21,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled:
"A Proposal for a Council Resolution which appoints David Greene, Sr. to the Metropolitan
Development Commission"; and the President referred it to the Metropolitan and Economic
Development Committee.
PROPOSAL NO. 22, 2018. Introduced by Councillor 7ackson. The Clerk read the proposal
entitled: "A Proposalfor a Council Resolution which reappoints Anthony Bridgeman to the Board
of Business and Neighborhood Services"; and the President referred it to the Metropolitan and
Economic Development Committee.
PROPOSAL NO. 23, 2018. Introduced by Councillor Adamson. The Clerk read the proposal
entitled: "A Proposalfox a General Resolution which 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 ofreal property and to add the rehabilitation and equipping of
the vacant Ford Motor Company assembly plant and the reuse for residential apartments, office
space,retailspace and on-site public and private parking to the original plan for the redevelopment
area"; and the President referred it to the Metropolitan and Economic Development Connmittee.
PROPOSALNO.24,201$.Introduced by Councillor Oliver. The Clerk read the proposal entitled:
"A Proposal for a Council Resolution which reappoints Joseph Wynns to the Board ofParks and
Recreation";and the President referred it to the Parks and Recreation Committee.
PROPOSALNO.25,2018.Introduced by CouncillorsOliver and Ray. The Clerkread the proposal
entitled: "A Proposal for a General Resolution which approves a request of the Department of
Parks and Recreation to purchase certain real estate owned by the estate ofYvonneP.Hartsock for
a parks project at 2609 Senour Road"; and the President referred it to the Parks and Recreation
Committee.
PROPOSAL NO. 26, 2018. Introduced by Councillor Robinson. The Clerk read the pzoposal
entitled: "A Proposal for a Council Resolution which reconfirms the Marion County Public
Defender Board's nomination ofRobert J. Hill as the Chief Marion County Public Defender";and
the President referred it to the Public Safety and Criminal Justice Committee.
PROPOSAL NO. 27, 2018. Introduced by Councillors Evans and Clay. The Clerk read the
proposal entitled: "A Proposal for a Counci]Resolution which reappoints Re~~ee Turner-Pack to
the Board of Public Health and Safety"; and the President referred it to the Public Safety and
Criminal Justice Committee.
PROPOSAL NO.28,2018.Introduced by Councillor Clay. The Clerk react the proposal entitled:
"A Proposal fox a Council Resolution which appoints Jill Johnson to the Marion County
Community Corrections Advisory Board"; and the President refereed it to the Public Safety and
Criminal Justice Committee.
PROPOSAL NO.29,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled:
"A Proposal for a General Ordinance which amends the membership ofthe community corrections
x[17
Janunry 29,2018
advisory board to conform to House Enrolled Act(HEA)1218,2017"; and the President referred
it to the Public Safety and Criminal Justice Committee.
PROPOSAL NO.30,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled:
"A Proposal for a General Resolution which approves an amendment to the 2015 Restated Marion
County Sheriff's DepartmentPersonnel RetirementPlan";and thePresidentreferred itto thePublic
Safety and Crzminal Justice Committee.
PROPOSAL NO.31,2018.Introduced by Councillor Gray. The Clerk read the proposal entitled:
"A Proposal for a Council Resolution which reappoints Henry Williams to the Board of Public
Works";and the President referred it to the Public Works Committee.
PROPOSAL NO.32,2018.Introduced by Councillor Gray. The Clerk read the proposal entitled:
"AProposalfor a General Resolution which approves a requestofthe DepartmentofPublic Works
to purchase certain real estate owned by Butler University for the departnnent's Little Eagle Creek
LeveeSegmentrehabilitation project";and thePresidentreferreditto thePublic WorksCommittee.
PROPOSAL NO. 33, 2018. Introduced by Councillor Adamson. The Clerk xead the proposal
entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Ralston
Avenue and 33rd Street(District l7)";and thePresidentreferred itto thePublic Works Coz~nmittee.
PROPOSAL NO.34,2018.Introduced by Councillor Evans. The Clerk read the proposal entitled:
"A Proposal for a Genera) Ordinance which authorizes weight limit restrictions in the residential
neighborhood encompassed by Waldamere and Mickley Avenues(District 22)"; and the President
referred it to the Public Works Committee.
PROPOSAL NO.35,2018.Introduced by Councillor Gray. The Clexk read the pxoposal entitled:
"A Proposal for a General Ordinance which authorizes intersection controls in the Falcon Lakes
subdivision(District 8)"; and the President referred it to the Public Works Committee.
PROPOSAL NO.36,2018.Introduced by Councillor Evans. The Clerkread the proposal entitled:
"A Proposal for a General Ordinance which authorizes parking restrictions on Chelsea Road,
between Lynhurst Drive and Dunlap Avenue (District 22)"; and the President referred it to the
Public Works Committee.
PROPOSAL NO. 37, 2018. Introduced by Councillor Simpson. The Clerk read the proposal
entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Clifton
Street and 35th Street(District 7)"; and the President referred it to the Public Works Corrunittee.
PROPOSAL NO.38,20l8.Introduced by Councillor Miller. The Clerk read the proposal entitled:
"A Proposal for a General Ordinance which authorizes a speed limit reduction in the Tibbs Avenue
and Maywood Road area to 25 miles per hour (District 16)"; and the President referred it to the
Public Works Committee.
PROPOSAL NO. 39, 2018. Introduced by Councillor Kreider. The Clerk read the proposal
entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction in the
Meridian Woods Village subdivision to 25 miles per hour(District 23)";and the President referred
it to the Public Works Committee.
PROPOSAL NO. 54, 20]8. Introduced by Councillors Osili and Jackson. The Clerk read the
proposal entitled: "A Proposal for- a Council Resolution which reappoints Craig Von Deylen to the
Journal ofthe Ciry-County Council
Metropolitan Board of Zoning Appeals, Division III"; and the President referred it to the
Metropolitan and Economic Development Committee.
PROPOSAL NO. 55, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the
proposal entitled: "A Proposal for a Council Resolution which reappoints Mark Young to the
Metropolitan Board of Zoning Appeals, Division II"; and the President referred it to the
Metropolitan and Economic Development Committee.
SPECIAL ORDERS-PRIORITY BUSINESS
PROPOSAL NOS.45-48,2018 and PROPOSAT.,NOS.49-53,2018. Introduced by Councillor
7ackson. Proposal Nos. 45-48,2018 and Proposal Nos.49-53,2018 are proposals for Rezoning
Ordinances certified for approval by the Metropolitan Development Corrunission on January 19,
2018. The President called for any nnotions for public hearings on any of those zoning maps
changes. There being no motions for public hearings,the proposed ordinances,pursuant toIC 36-
7-4-608, took effect as if adopted by the City-County Council, were retitled for identification as
REZONING ORDINANCE NOS.8-16,the original copies of which ordinances axe on file with
the Metropolitan Development Commission,which wexe certified asfollows:
REZONING ORDINANCE NO.8,2018.
2017-ZON-077
4501 EAST MICHIGAN STREET(APPROXIMATE ADDRESS)
CENTER TOWNSHIP,COUNCIL DISTRICT#12
JACT{IE NOWLAND,by David Kingen and Justin Kingen
Rezoning of0.15 acrefrom the D-5 district to the MU-2district.
REZONING ORDINANCE NO.9,2018.
2017-ZON-080
818 NORTH ORIENTAL AVENUE(APPROXIMATE ADDRESS)
CENTER TOWNSHIP,COUNCIL DISTRICT#17
THE COMPENDTL7M GROUP,LLC,by Jason Wolfe
Rezoning ofO.U8 acrefrom the I-3 district to the D-8 classificakion.
REZONING ORDINANCE NO.l0,2018.
2017-7.ON-085
1]756 and 11762 VERDIN STREET(APPROXIMATE ADDRESS)
LAWRENCE TOWNSHIP,COI7NCIL DISTRICT#5
OAKLAND LODGE 140,by Brian Millard and Brim Hooten
Rezoning of0.24 acre from the C3 District to the SU-34 classification to provide for die construction of a new
lodge building.
REZONING ORDINANCE NO.11,2Q18.
2017-CZN-845
777 BATES STREET(Approximate Address)
CEN'T'ER TOWNSI-IiP,CD #16
ONYX AND EAST,by Michae]Rabinowitch
Rezoning of0.99 acrefrom the I-4(RC)district to theD-P(RC)classification to providefor36for-sale townhomes,
at a density of36.4 units per acre.
REZONING ORDINANCH NO.12,20]8.
2017-LON-073
3337 AND 3347 WEST' 10TH STREET AND 3332, 3334, 3342 AND 3348 V✓E5T NINTT,-1 S7'R~LT
(APPROXIMATE ADDRESSES)
WAYNE TOWNSHIP,CD#11
REDEEMED C~~RISTIAN CHURCH OF GOD,by Khaleel Ifamimikomi
Rezoning of 1.1 acres from the C-3(W-5)and D-5(W-5)disficts to the SU-1 classification.
REZONING OKDTNANCE NO.]3,2018
l2

Clay's Response to Council Lawsuit

  • 1.
    STATE OF INDIANA) IN THE MARION SUPERIOR COURT ) SS: CIVIL DIVISION, ROOM NO. 6 COUNTY OF MARION ) CAUSE NO. 49D06-1802-PL-005209 ZACHARY ADAMSON, JARED EVANS, ) MAGGIE LEWIS, FRANK MASCARI, ) JEFF MILLER, WILLIAM OLIVER, ) VOP OSILI, CHRISTINE SCALES, ) each members of the Indianapolis-Marion ) County City-County Council; and ) NATRINA S. DEBOW, Clerk of the Council, ) ) Plaintiffs, ) v. ) ) STEPHEN CLAY, President of the ) Indianapolis-Marion County City- ) County Council, ) ) Defendant. ) PRESIDENT STEPHEN CLAY’S OPPOSITION TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER I. Introduction On February 8, 2018, eight out of the twenty-five individual members of the Indianapolis-Marion County City-County Council (“Council”) and NaTrina S. DeBow (“DeBow”), the former Clerk of the Council, filed a complaint against Stephen Clay, the President of the Council (“President Clay”), demanding that the Court intervene in Council proceedings and order the immediate reinstatement of Fred Biesecker (“Biesecker”), former General Counsel and Parliamentarian, and DeBow to their positions prior to the February 19 Council meeting. According to the plaintiffs, President Clay was “denying the Councillors access to independent legal and parliamentary advice from Biesecker.” Further, the plaintiffs
  • 2.
    2 alleged that byterminating and preventing Biesecker and DeBow from performing their respective jobs, President Clay had purportedly harmed the eight councillors and the public “by throwing the Council into chaos and preventing it from performing the Council’s public business.” Having failed to get their way in the Council chambers, plaintiffs now seek refuge in the Courthouse. Significantly, the plaintiffs did not cite a single case citation in their legal memorandum in support of their extraordinary demand. The only evidence that they have submitted to the Court is an affidavit from Biesecker which is not correct, is self-serving, and has not been subjected to cross-examination. Plaintiffs’ Motion for a Temporary Restraining Order is frivolous on its face and should be denied for reasons including: 1. The power to issue a preliminary injunction should be used sparingly, and such relief should not be granted except in rare instances in which the law and facts are clearly within the moving party’s favor. Pathfinder Communications Corp. v. Macy, 795 N.E.2d 1103, 1109 (Ind. Ct. App. 2003) (citing Barlow v. Sipes, 744 N.E.2d 1, 5 (Ind. Ct. App. 2001), trans. denied). 2. To obtain a preliminary injunction, the moving party has the heavy burden of showing that: (1) the movant’s remedies at law are inadequate, thus causing irreparable harm pending resolution of the substantive action; (2) the movant has at least a reasonable likelihood of success at trial by establishing a prima facie case; (3) threatened injury to the movant outweighs the potential harm to the non-moving party resulting from the granting of an injunction; and (4) the public interest would not be disserved. Apple Glen Crossing, LLC v. Trademark Retail, Inc., 784 N.E.2d 484, 487 (Ind. 2003) (citations omitted).
  • 3.
    3 3. If themovant fails to prove any of these requirements, the request for injunction must be denied. Apple Glen Crossing, 784 N.E.2d at 487. 4. Plaintiffs cannot establish a reasonable likelihood of success at trial. In fact, President Clay intends to file a motion to dismiss as soon as possible. Eight of the nine plaintiffs, i.e., the individual Council members, have no standing to even file the lawsuit. There is no allegation that the plaintiffs have been authorized to represent the Council itself. The Council as an entity and its President must authorize a lawsuit. Indeed, the President of the Council is the only individual who is authorized to provide instructions to any attorney representing the Council during litigation. See Revised Code of the Consolidated City and County, Section 151-7(b). 5. The ninth plaintiff, DeBow, has no standing to seek reinstatement of Biesecker. At best, she could have standing to file a lawsuit for her own termination, but as will be discussed, her claim is not ripe for review and would never support any request for a temporary restraining order. She has yet to pursue her available remedies with the Council regarding her employment. 6. Biesecker’s contract expired on December 31, 2017. On January 8, 2018, following the election of President Clay, Biesecker knew he would likely be terminated and began searching for a new job. 7. In Biesecker’s role as general counsel/Parliamentarian, his client was the Council as a whole. The Council elected President Clay but Biesecker then counseled individual members of the Council as to how to remove President Clay. Biesecker did not provide independent counsel to the Council, rather he acted adversely to the Council and its duly elected President.
  • 4.
    4 8. Biesecker’s affidavitcontains incorrect statements and omits material facts. He did not provide independent counsel but, instead, advocated for the Democratic Caucus and orchestrated a plan to undermine the actions by the Council and its President in his efforts to secure new employment. 9. Courts are reluctant and should be reluctant to interfere in the proceedings and decision-making process of a separate branch of government. 10. There is no final decision of any kind for this Court to review. Thus, there is no real case or controversy sufficiently articulated upon which this Court may rule. 11. There is no irreparable harm. There are multiple lawyers who can provide legal services to the Council. The City’s Corporation Counsel has offered to provide assistance. President Clay and the Acting Clerk are appointing an Interim General Counsel who can provide the appropriate legal services. In addition, by law, if the Clerk of the Council is no longer employed, the Assistant Clerk becomes the Acting Clerk. The Assistant Clerks are fully capable and are performing DeBow’s duties. In fact, the existing Acting Clerk has been performing the required statutory duties for decades and prior to Clerk DeBow’s appointment. 12. The balance of harms favors President Clay. While plaintiffs seek to serve their own interests, their requested emergency relief infringes upon the powers and functions of the Council itself and its duly-elected President. 13. The public interest is not in any way served by the filing of this lawsuit. To the contrary, plaintiffs seek to infringe on the separation of powers doctrine that is embedded in the Indiana State Constitution and which prevents one branch of government from meddling in the internal affairs of another. This is not a justiciable issue suitable for adjudication by this Court.
  • 5.
    5 14. Plaintiffs claimthat the public interest was somehow harmed because of the purported “chaos” in the Council. Any purported “chaos” in the Council is the direct result of actions taken by these plaintiffs in conjunction with Biesecker and resulted from the vitriolic animosity and anger of the former Council’s President and others over her loss of office. 15. Indeed, the public has been directly harmed by the actions taken by plaintiffs and others over the last several weeks. Rather than work with newly elected President Clay, the plaintiffs and others chose to: (1) engage in a smear campaign to demean and belittle President Clay without allowing him to defend himself; (2) cause the filing of a motion to have him removed from office before he had any chance of demonstrating his capabilities or defending himself from the degrading attacks against him; and, (3) file a frivolous lawsuit attempting to divert attentions away from the public business. II. Facts On January 8, 2018, the Council duly elected one of its members, Stephen Clay, to be its President by a vote of 14 to 11, defeating plaintiff and former Council President, Maggie Lewis. (See Exhibit (“Ex.”) 1, Vote Tally, and Ex. 2, Minutes) Lewis, did not accept her loss graciously, but instead immediately and incorrectly proclaimed that Clay’s win was a Republican takeover of the council. (Ex. 3) As this Court knows, the Democrats hold the majority of the Council but there are eleven Republicans. Marion County consists of voters in two parties who are expected to work together and for the best interests of the County as a whole. Immediately following the Council meeting, Biesecker, then the Council’s General Counsel and “Independent” Parliamentarian, began looking for a new job. He emailed Indianapolis Corporation Counsel Andy Mallon stating that “I assume I will not be retained as
  • 6.
    6 general counsel, soif there is something I can do to help the administration as a contractor or employee, please let me know.” (Ex. 4) The following day, January 9, Biesecker emailed the Council’s Chief Financial Officer (“CFO”) Bart Brown stating that “since there will likely be a new general counsel by 1/29, is there any room in our budget to hire majority caucus counsel (i.e., me)?” (Ex. 5 ) On January 10, 2018, Biesecker conveyed to an acquaintance shocking and vicious remarks: “Well, the child loving Reverend sold his soul to the Republicans and, with the help of 4 other sexist Democrats [i.e., Councillors Joseph Simpson, William C. Oliver, Monroe Gray, and Lakeisha Jackson], won 14-11. I’m meeting with him [President Clay] today but I suspect I will soon be able to devote more time to Finnegans Wake. Only 681 pages to go.” (Ex. 6) At the same time, Biesecker was busy trying to obtain a new contract from President Clay to continue to remain as General Counsel even though he was engaging in communications with others to have President Clay removed. Biesecker’s contract as the Council’s General Counsel expired on December 31, 2017. (Ex. 7) Unbeknownst to President Clay, Biesecker and DeBow were exchanging multiple emails on how to convince President Clay to agree to a new contract with Biesecker. They drafted alternative contracts—one for a full year, another with an addendum for additional services, and yet another, a three-month contract. (Ex. 8) Biesecker and DeBow discussed how best to approach President Clay to convince him to execute a contract. Id. Neither Biesecker nor DeBow advised President Clay that they were in discussions with others regarding his ouster, the support of former President Maggie Lewis, or their disparagement of President Clay to others. Also unbeknownst to President Clay, on Thursday, January 25, 2018, Biesecker and Plaintiff Zach Adamson, engaged in an exchange of emails and telephone conferences,
  • 7.
    7 discussing actions whichcould be taken to remove the newly elected President at his first council meeting scheduled for January 29, 2018. (Ex. 9) In an email claiming to be “private,” Adamson wanted to know whether a vote of no confidence would have to be placed on the agenda and “does it need a proposal?” Biesecker responded to the “private” email that “Neither our rules nor Robert’s Rules mentions a motion or vote of no confidence. It would have no effect other than expressing the majority’s views. You would have to amend the agenda to add it under new business. It would not need a proposal.” Biesecker further advised Adamson that at the opening of the meeting someone should make a “motion to amend the agenda to add (under New Business) a motion for a vote of no confidence.” On Monday, January 29, 2018, unbeknownst to President Clay, Biesecker, as “General Counsel to the City-County Council,” prior to the Council meeting, emailed James Briggs, a reporter for the Indianapolis Star, that the process for electing a new council president before the expiration of Council President Stephen Clay’s term “would be governed by council rule 151- 13(c), which states that, “Any officer elected by the city-county council may be removed upon a majority vote of all members of the city-county council; however, no vote shall be had upon a removal until the motion to do so has been made a special order of business by vote at a meeting at least one (1) week prior thereto.” (Ex. 10) Biesecker did not inform the reporter about relevant code cites including Rev. Code 151- 61(b) which states “Any proposal which contemplates a resolution or other action by a council in the nature of …admonishment or proclamation shall be designated ‘a proposal for a special resolution.’ The proposal shall be properly before the council for final action unless the president or council refers or tables the proposal. If eight (8) councillors so request, the proposal shall be referred to a committee.” Rev. Code 151-1211 also requires “Any allegation of
  • 8.
    8 violations of theethical standards of this chapter [to] be initiated by a councillor … by filing a statement of allegations, that complies with section 151-1122, with the clerk of the council.” This then requires the matter to be referred to the ethics committee and the specific ethics procedure followed. No proposal was submitted in advance of the meeting nor was any notice provided to President Clay and the full Council that Biesecker and others had devised a plan to unseat President Clay before he had any opportunity to act as President and carry out his duties. On January 29, 2018, Biesecker’s plan was carried out, Following the registry of attendance, the pledge of allegiance, and prayers, President Clay moved for the Adoption of the Agenda. A Democratic council member moved “to amend the agenda under new business by the addition of a motion to place on the agenda at the next regular meeting of the Council on February 19, 2018 a special order of business to remove the President of the Council.” (Ex. 11, Agenda; Ex. 12, Minutes; and, Ex. 13, Vote Tally. The handwritten motion is “to place on agenda under new business to add removal of Pres. To Feb. 19 agenda.” This motion came as a great surprise to the President and the Council as a whole. Indeed, it was a motion made purportedly because of a “lack of confidence” in President Clay’s leadership even though he had not even had the opportunity to demonstrate his leadership role. Without prior discussion there was a vote: 12 Yeas, 11 Nays, and 2 Absent. (Ex. 12, 13) Council minority leader Mike McQuillen asked for an explanation of this vote result, saying that it takes 13 votes in order for a motion to pass. Biesecker said that a motion on a procedural matter, which is what it is, only requires a majority of those present, not a majority of the full body. (Ex. 12) McQuillen advised that he did not understand the need to remove the President from office when there are no allegations or violations recognized. As he advised, any
  • 9.
    9 allegations of violationson conduct of a councillor are to be filed with the Clerk and referred to the Ethics Committee. He moved to send the issue to the Ethics Committee. According to the minutes, Plaintiff/Councillor Adamson replied that this is a motion to amend the agenda, and is not an ethics debate. Without being invited or recognized to speak, Biesecker stated that there was nothing in the motion with regard to ethics or any charges, but was simply a procedural motion. McQuillen correctly advised that this was an ethics related motion and should be referred to and heard by the Ethics Committee. According to Biesecker (again without any invitation to speak), this was not an ethics complaint but the removal of the President was simply a “procedural” motion and at the February 19 Council meeting would require 13 votes for passage. At no time did Biesecker advise the Council that he was directly involved in providing the strategy for the removal of President Clay, contrary to the Council’s lawful election of him as its President. Instead, he abandoned his role of impartial parliamentarian and played a substantive role in the conversation. On January 31, 2018, President Clay terminated Biesecker and DeBow. (Ex. 14) Despite his termination, on February 2, 2018, Biesecker contacted the Assistant Clerks Angela Gonzalez and Leslie Williams requesting committee agendas and other documents. (Ex. 15) Further, in another email he attempted to convince the clerks to assist in the removal of President Clay by advising them that: “Also, for the 2/19 agenda, I suggest putting the removal vote where we put election of officers – after official communications and before adoption of agenda.” (Ex. 16) Two hours later Biesecker advised Assistant Clerk Gonzalez that “As you know, the President, with assistance from council staff, sets the preliminary agenda, which is not final until it is adopted by the full council at the council meeting.” Id.
  • 10.
    10 On February 8,2018, the Democrat Caucus (on its own and without inviting President Clay to attend or allowing him to defend himself) issued a vitriolic, libelous resolution expelling him from the Democratic Caucus of the Council because of his alleged “dishonesty and blinding self-interest,” his conspiracy with other councillors, his alleged violations of the law, and his self-serving and blatant betrayal of the Democrat Caucus.” (Ex. 17) Besides the resolution, plaintiffs also issued other statements which sought to admonish President Clay’s ethics claiming he was deceitful, betrayed the trust of voters, and was unfit to serve as President. (Ex. 18) For his part, President Clay has consistently advised the Council that he believes it is in the best interests of the community and the voters to work together in a constructive and productive manner. (Ex. 19) As President Clay stated following his election, “I think what we saw today is what happens when Democrats and Republicans work together form the common good.” “I’m grateful for the privilege to be able to serve, and tomorrow we govern So we fall back in line and we move the people’s agenda forward.” (See Ex. 3) On February 8, 2018, eight council members (less than one third of the council) and DeBow filed this lawsuit seeking a temporary restraining order. III. LEGAL AUTHORITIES AND ARGUMENT A. The Plaintiffs Lack Standing to File This Lawsuit Although the Indiana constitution contains no “case or controversy” requirement, the federal limits on justiciability are instructive, because the standing requirement under both federal and state constitutional law fulfills the same purpose: ensuring that the litigant is entitled to have the court decide the merits of the dispute or of particular issues. Hibler v. Conseco, Inc., 744 N.E.2d 1012, 1023 (Ind. Ct. App. 2001). The standing doctrine constitutes a significant
  • 11.
    11 restraint upon theability of Indiana courts to act as it denies courts any jurisdiction absent actual injury to a party participating in the case. Id. It restricts the courts to real controversies in which the complaining party has a demonstrable injury. Id. In order to establish standing, a plaintiff must demonstrate a personal stake in the outcome of the lawsuit and must show that he has sustained or is in immediate danger of sustaining some direct injury as a result of the conduct at issue. Id. As noted by the court in Hibler, federal law is instructive on this point. In Raines v. Byrd, the Unites States Supreme Court addressed the standing of individual members of Congress who had voted against a bill to file suit alleging that the bill in question was unconstitutional. One element of the case-or-controversy requirement is that plaintiffs, based on their complaint, must establish that they have standing to sue. Raines v. Byrd, 521 U.S. 811, 818 (1997). A plaintiff’s complaint “must establish that he has a ‘personal stake’ in the alleged dispute, and that the alleged injury suffered is particularized as to him.” Raines, 521 U.S. at 819. The Court found that the members of Congress did not meet that standard and also thought it significant they were not authorized to represent their respective Houses of Congress. Id. at 829. First, appellees have not been singled out for specially unfavorable treatment as opposed to other Members of their respective bodies. Their claim is that the Act causes a type of institutional injury (the diminution of legislative power), which necessarily damages all Members of Congress and both Houses of Congress equally. Raines, 521 U.S. at 821. The Councilor-Plaintiffs in this action are in a position similar to those in Raines: None of them have established a “personal stake” in the dispute regarding the clerk and general counsel that is any different from other members of the Council. Indeed, the alleged injuries at issue are to the Council as a whole, not to any individual members. See Verified Complaint,
  • 12.
    12 para. 1, (“Clay’s… actions are continuing to harm the Councillors, … by throwing the Council into chaos and preventing it from performing the Council’s public business”). Further, there is no allegation that the Councilor-Plaintiffs have been authorized to represent the Council. Indeed, the President of the Council is the only individual who is authorized to provide instructions to an attorney representing the Council during litigation. Revised Code of the Consolidated City and County, Section 151-7(b). That is clearly not the case here. Based upon the foregoing, the Councilor-Plaintiffs lack standing to bring this action and any complaint filed by them must be dismissed. With respect to Plaintiff DeBow, she clearly lacks standing as well to pursue this action and has no personal stake in the reinstatement of Biesecker. B. Biesecker Has No Right to Reinstatement The plaintiffs’ allegations are based on the terminations of two individuals, Fred Biesecker, who was general counsel to the Council and is not a party to this action, and Plaintiff Natrina DeBow, who served as Clerk to the Council. The actions that President Clay took with respect to both individuals are not the proper subjects of an action before this Court. Each will be addressed in turn. With respect to Biesecker, most telling is the fact that he is not even a party to this action. Even if the Court deems the Plaintiff Councillors to have standing to assert some sort of claim regarding Biesecker, they cannot prevail on the merits. Biesecker was the Council’s general counsel and parliamentarian. Complaint, para. 1. The Complaint alleges that President Clay violated the Marion County ordinances “by denying the Councillors access to independent legal and parliamentary advice from Biesecker.” Complaint, para. 1. The general counsel is
  • 13.
    13 appointed by thePresident upon recommendation by the Rules and Public Policy Committee, subject to approval by the full Council. Rev. Code Sec. 151-100. There is no ordinance or statute that specifies that the general counsel is appointed for a specific term. See Rev. Code Sec. 151-98 through 151-101. Likewise, there is no provision that establishes requirements or a process to be followed in terminating the general counsel. See Id. Rather, the terms of Biesecker’s employment were set forth in a Legal Services Agreement (Agreement) executed on February 1, 2016, by Biesecker and Councilor Maggie Lewis, the previous Council President. See Ex. 7, Legal Services Agreement. The Agreement specifically states that it was in effect from January 1, 2017, through December 31, 2017. Id. at 3. No new Legal Services Agreement had been executed as of the date President Clay informed Biesecker that his services were no longer needed. (See Ex. 8) There is no provision that states the general counsel continues to serve until his/her successor is appointed. See Rev. Code Sec. 151-98 through 151-101. Therefore, plaintiffs’ claim that President Clay acted without authority in not renewing Biesecker’s contract is not supported by the law or facts. Plaintiff Councillors had no reasonable expectation that Biesecker would continue in his position without a contract and failed to exhaust their own internal processes for maintaining him in that position. The Plaintiff Councillors could have followed the Council’s procedures, which are set forth in the ordinances, and have the Rules Committee recommend and the Council approve Biesecker’s reappointment to the position of general counsel. See Rev. Code Sec. 151- 100. This process was followed in prior years that Biesecker was general counsel. See Ex. 20, Council Minutes 2/8/16, 1/9/12; Rules Committee Minutes 1/9/12, 1/27/15. They failed to do so both before and after President Clay’s decision not to renew Biesecker’s contract. Because
  • 14.
    14 Plaintiff Councillors’ failedto exhaust their own internal processes to renew Biesecker’s contract, they may not invoke the power of the Court to do that which they failed to do. In addition, there has not been any harm to the Council or the public. The Council has not been deprived of independent legal counsel. First, Biesecker did not provide independent counsel. He was serving others, not the Council. Second, the Office of Corporation Counsel for the Consolidated City and County agreed to provide necessary legal advice to the Council while the position of general counsel is vacant. See Ex. 21, E-mail from Andy Mallon, Corporation Counsel. In addition, President Clay has himself and through the interim clerk, contracted with Suzannah Wilson Overholt to act as interim parliamentarian and counsel to the Council until such time as the Rules Committee recommends and the Council approves, a new general counsel. See Ind. Code 36-3-4-8.5 (a); and Ex. 22, Engagement Letter, Overholt Resume. Overholt has past experience working with the Council through her various roles in City government, including as Deputy Corporation Counsel for the Office of Corporation Counsel and Indianapolis Works Transition Director for the office of Mayor Bart Peterson. The temporary retention of Overholt should address any concerns Plaintiffs have about the lack of a general counsel and parliamentarian. Finally, it was appropriate to terminate Biesecker. He forgot that his client was the Council, not the Democratic Caucus or any individual councilor acting alone or in concert. Instead he secretly colluded to remove the duly elected President, disparaged him and other Council members, and concealed substantive information from the President and the Council itself. C. DeBow’s Claims Are Not Ripe for Adjudication
  • 15.
    15 Plaintiff DeBow’s claim,if she has one, is premature. DeBow was re-appointed clerk of the Council at the January 8, 2018, Council meeting. Complaint, para. 3. The clerk is appointed to a one year term and serves at the pleasure of the Council. Ind. Code 36-3-4-8(a); Rev. Code Sec. 151-12, 151-91. The clerk continues in office until her successor is appointed and qualified. Ind. Code 36-3-4-8(a). However, the clerk’s interest in the position is not absolute, as she serves at the pleasure of the Council. See Id. Therefore, she could be terminated for any reason at any time by the Council. Following his election, President Clay concluded that DeBow was not performing her duties as expected and that other staff members were actually and capability performing her statutory duties instead. If President Clay failed to comply with Council procedures regarding DeBow’s position, the Council, as the appointing authority, has the ability to override President Clay’s actions. Each councilor may initiate proposals for introduction to the Council. Rev. Code Sec. 151-63(a). The Council could take a vote on a proposal regarding DeBow’s status at a full meeting or the Rules or Ethics Committees could address the matter. Indeed, the Council may approve a proposal at the same meeting in which it is introduced if it is distributed in advance of the meeting and a motion to approve the proposal is supported by 15 members of the Council. Rev. Code Sec. 151-75. Alternatively, the Council could have held a special meeting. See Rev. Code 151-5 (requiring 40% of the Councillors or upon the call of the President). However, the Council has not taken any of these actions. The first regular Council meeting since DeBow’s removal is February 19, 2018. Whether the Council will seek to retain DeBow is yet to be seen. The fact that the Council has failed to take any of the steps within its control to address DeBow’s
  • 16.
    16 position indicates thatthis matter lacks the urgency normally associated with the extraordinary remedies plaintiffs seek here. Further, the fact that the clerk continues in office until her successor is appointed and qualified does not necessarily mean that she has the right to be in the physical office performing her job duties when she has been deemed the inappropriate person for the position pending formal action by the Council. For example, would a clerk (not necessarily DeBow) found to be engaged in unlawful conduct be entitled to be kept on the job until a law abiding person could be appointed? Of course not – the public would not stand for such an outcome. The Code remedies that issue by specifically providing that the assistant clerks are authorized to perform all of the duties of the clerk in the clerk’s absence. See Rev. Code Sec. 151-99. Finally, DeBow’s harm is purely economic – she has not been paid as clerk since she was terminated. She has an adequate remedy at law against the Council to address that issue. Indiana law is well-settled that if an award of post-trial damages is sufficient to make the plaintiff whole for its economic injury, then injunctive relief is not warranted. See Vickery v. Ardagh Glass Inc., 85 N.E.3d 852, 864 (Ind. Ct. App. 2017), reh'g denied, No. 49A02-1702-PL- 330, 2017 WL 6461127 (Ind. Ct. App. Dec. 19, 2017). D. Plaintiffs’ Claims Are Non-justiciable and Infringe on the Separation of Powers Doctrine. The separation of powers doctrine is embodied in Article 3, Section 1, of the Indiana Constitution, which states: The powers of the Government are divided into three separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided. I.,. Art. 3, § 1.
  • 17.
    17 The separation ofpowers doctrine prevents the courts from reviewing political, social, and economic actions within the exclusive province of coordinate branches of government. Berry v. Crawford, 990 N.E.2d 910, 915 (Ind. 2013) (citing Peavler v. Bd. of Comm'rs of Monroe Cnty., 528 N.E.2d 40, 44 (Ind.1988)). The purpose of this doctrine is “to rid each separate department of government from any influence or control by the other department.” Berry, 990 N.E.2d at 415 (quoting A.B. v. State, 949 N.E.2d 1204, 1212 (Ind.2011)). As such, Courts should be very careful not to invade the authority of the legislature. Nor should anxiety to maintain the constitution, laudable as that must ever be esteemed, lessen their caution in that particular; for if they overstep the authority which belongs to them, and assume that which pertains to the legislature, they violate the very constitution which they thereby seek to preserve and maintain. Berry, 990 N.E.2d at 415 (quoting State ex rel. Bd. of Comm'rs of Benton Cnty. v. Boice, 140 Ind. 506, 514, 40 N.E. 113, 113 (1895)). Although jurisdiction is granted to the courts by the Constitution, such jurisdiction is neither absolute nor unlimited. Berry, 990 N.E.2d at 417. Thus, prudential concerns may render a dispute non-justiciable by the courts. Id. There is a distinction between jurisdiction and justiciability. Jurisdiction is defined as “[a] court's power to decide a case or issue a decree.” Id. (citing Black's Law Dictionary 927 (9th ed. 2009)). It is the power in the first instance for a court to exercise authority over and rule on a dispute. Id. at 918. Justiciability, on the other hand, is “[t]he quality or state of being appropriate or suitable for adjudication by a court.” Id. (quoting Black’s Law Dictionary at 943). Accordingly, prudential concerns over the appropriateness of a case for adjudication may preclude the courts from deciding a dispute on the merits. Id. Traditionally, the justiciability discussion under Indiana law has focused on questions of standing and mootness. Id. see, e.g., City of Indianapolis, ex rel. City–Cnty. Council of
  • 18.
    18 Indianapolis & MarionCnty. v. Ind. State Bd. of Tax Comm'rs, 261 Ind. 635, 637, 308 N.E.2d 868, 869 (1974) (dismissing appeal due to a “fundamental lack of ‘justiciability,”’ resulting from a lack of standing). However, a separate justiciability concern arises when courts are asked to review internal matters of a coordinate branch of government. City of Indianapolis, 261 Ind. at 637, 308 N.E.2d at 869. In such situations, although the courts have jurisdiction to review the case in the first instance, justiciability concerns stemming from Article 3, Section 1, caution the courts to intervene only where doing so would not upset the balance of the separation of powers. Id. Thus, the decree issued by a court pursuant to its lawful jurisdiction may, on occasion, state that, for prudential reasons, the issues in the case at hand are non-justiciable. Id. In Berry, members of Indiana House of Representatives Democratic Caucus filed suit against the Speaker of House, State Auditor, and others to recover full pay and for injunctive relief after House Republican Caucus, by motion, imposed fines on members for having intentionally absented themselves from state in order to block vote on pending legislation. The Marion County Superior Court granted plaintiffs' motion to dismiss in part, certified order for interlocutory appeal, and stayed the case. A second action was filed on the same basis after fines were imposed on House Democratic Caucus members after they again absented themselves from state in order to block vote on pending legislation. Upon consolidation, the Marion Superior Court, David J. Dreyer, J., entered judgment for House Democratic Caucus members, and the defendants appealed. On appeal, the Indiana Supreme Court ruled that General Assembly had exclusive constitutional authority to compel attendance of members of House Democratic Caucus and to impose discipline for violations of internal rules of operation, and that the suit was non-justiciable under the separation of powers doctrine. Berry, 990 N.E.2d at 421-22.
  • 19.
    19 Likewise, this Courtshould refrain from interfering with the internal operations of the Council and its President, including the selection or retention of its General Counsel and Clerk. These matters are still properly before the Council and will be addressed at the February 19 meeting, just a few days away. There is no issue before the Court that the Court should or must adjudicate. The Council should attend to Council business, not the courts. IV. CONCLUSION Based on the foregoing, Council President Stephen Clay requests that this Court deny plaintiffs’ Motion for a Temporary Restraining Order. Respectfully submitted, /s/ Linda L. Pence Linda L. Pence, Attorney No. 13198-98 Phillip J. Fowler, Attorney No. 20126-02 Suzannah Wilson Overholt, Attorney No. 17148-53 SmithAmundsen LLC Capital Center South Tower 201 North Illinois Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 615-3118; Fax: (317) 615-3119 Email: Lpence@salawus.com PFowler@salawus.com SOverholt@salawus.com Attorneys for Defendant Stephen Clay, President of the Indianapolis-Marion County City-County Council
  • 20.
    20 CERTIFICATE OF SERVICE Icertify that on the 15th day of February, 2018, I electronically filed the foregoing document using the Indiana E-Filing System (IEFS). I also certify that on the 15th day of February, 2018, a copy of the foregoing document was served on the following persons via IEFS: Karen Celestine-Horseman Austin & Jones, PC karen@kchorseman.com William R. Groth Fillenwarth Dennerline Groth & Towe, LLP wgroth@fdgtlaborlaw.com Octavia Florence Snulligan 26 West Washington Street Indianapolis, IN 46204 /s/ Linda L. Pence Linda L. Pence Attorney for Defendant Stephen Clay
  • 21.
    Proposal:PRESIDENT Sponsor: Action: Motion Committee:Whole Lewis: ~1 Le,~+S~~ Adamson Evans Johnson ~~aY~-,4 Clay Coats Cordi. Fanning Abstain -4 Not Voting -0 Excused -0 Indianapolis City -County Council 2016-2019 2016-2019 1!8/20187:48PM Ordinance: ('.lctY :14 Abstain:0 Not Voking:0 Lewis Mowery Mascari Osili Miller Ray Gray McHenry Holliday McQuiilen Jackson Oliver Kreider RCS# 1107 Excused:0 Robinson Scales Pfisierer Simpson Wesseler EXHIBIT b a (FAILED)
  • 22.
    MINUTES OF THECITY-COUNTY COUNCIL AND SPECIAL SERVICE DISTRICT COUNCILS OF INDIANAPOLIS,MARION COUNTY,INDIANA REGULAR MEETINGS MONDAY,JANUARY 8,2018 The City-County Council of Indianapolis, Marion County,Indiana and the Indianapolis Police Special Service District Council, Indianapolis Fire Special Service District Council and IndzanapoIis Solid Waste Collection Special Service District Council convened in xegular concurrent sessions in the Council Chamber ofthe City-County Building at7:00p.m.on Monday, January 8,2018,with Councillor Lewis presiding. Councillor Lewis introduced T.D Robinson, pastor of Mt. Paran Baptist Church, who led the opening pxayer and then invited all present tojoin 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: 2S 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 0ABSENT. A quorum oftwenty-five members being present,the President called the meeting to order. OFFICIAL COMMUNICATIONS The President called for the reading of Official Communications. The Clerk read the following: TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY,INDIANA Ladies And Gentlemen You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid Waste Collection Special Service Qistrict Councils will be held in the City-County Building, in the Council Chambers,on Monday,January 8,2018,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/Maggie A. Lewis President, City-County Council EXHIBIT. a 9
  • 23.
    Journal ofthe City-CountyCouncil December 28,2017 TO PRESIDENT LEWIS AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIALSERVICE DISTRICT COUNCILS OFTHE CITY OFINDIANAPOLIS AND MARION COUNTY,INDIANA: Ladies and Gentlemen: have approved with my signature and delivered this day to the Clerk of the City-County Council, Na7rina DeBow,the following ordinances: FISCAL ORDINANCE NO. 49, 2017 -approves the 2018 Budget of the Woodruff Place Economic Improvement District GENERAL ORDINANCE NO.74,2017 —amendsthe Code to establish by ordinance the manner and Corm in which the county recorder may provide bulk form copies to bulk users GENERAL ORDINANCE NO. 75, 2017 —approves intersection controls at Oakland and Nowland Avenue (District 17) GENERAL ORDINANCE NO.76,2017 — authorizes a change in parking restrictions on Central Avenue from 34th Street to 11th Street(Districts 9,11,17) GENERAL ORDINANCE N0.77,2017 —authorizes parking restrictions on 24th Street between Illinois and Meridian Streets(District 11) GENERAL ORDINANCE NO.78,2017—authorizes intersection controls at Linton Lane and Thornieigh Drive (District9) GENERALORDINANCE NO.79,2017—authorizes parking restrictions on Park Avenue near East23rd Street (District 11) GENERAL ORDINANCE NO. 80, 2017 -- authorizes a speed limit reduction to 25 miles per hour in the Treyburn Green,Treyburn Lakes and Treyburn Manor subdivisions (District 18) GENERAL ORDINANCE NO. 81, 2017 — authorizes a speed limit reduction to 25 miles per hour in the Washington Trail subdivision (District 19) GENERAL ORDINANCE NO.82,2017 —authorizes intersection controls at Waldemar Road and 94th Street (District 1) GENERAL ORDINANCE NO. 83, 2017 -authorizes intersection controls at Gent Avenue and 19th Street (District 11) GENERAL ORDINANCE NO.84,2017 — authorizes intersection controls at Boyd Avenue and Finley Avenue (District 21) SPECIAL ORDINANCE NO. 10, 2017 -approves the issuance of economic development tax increment revenue bonds in an approximate aggregate amount not io exceed $2,665,000 for the River House Broad Ripple Project in orderto provide a portion of the costs of acquisition,construction,equipping and preservation of asix-story, mixed-use apartment building consisting of 87 apartment units, rooftop amenity deck, 4,996 square feet of o(iice space,and structured parking located at6311 Westfield Boulevard(District 2),and other expenses related thereto GENERAL RESOLUTION NO. 28, 2017 —approves the issuance of special taxing district bonds of the Redevelopment District in an amount not to exceed $14,000,000 for the purpose of refunding an Installment Purchase Contract between the Department of Metropolitan Development and Market Square Garage/Ops Partners, LlC for the parking garage commonly known as the Bank One Garage,and approves transaction costs related thereto GENERAL RESOLUTIOIN NO.29,2017 —approves total expenditures of $1,282,750for calendar year 2018 from Community Revitalization Enhancement District(CRED)Funds for various improvements benefitting the Lafayetle Square CRED(aka International Marketplace) GENERAL RESOLUTION NO.30,2017 —approves the statement of benefits for CraftMark Bakery LLC,an applicant for tax abatementfor property located in an Economic Revitalization Area GENERAL RESOLUTION NO. 31, 2017 —approves the statement of benefits for Federal Express Corporation, an applicant(or tax abatementfor property located in an Economic Revitalization Area GENERAL RESOLUTION NO.32,2077 -approves the statement of benefits for Li(eOmic, Inc., an applicant for tax abatement for property located in an Economic Revitalization Area GENERAL RESOLUTION NO.33,2017 -approves the issuance of refunding notes in an aggregate principal amount not to exceed $3,200,000 for the Capital Improvement Board of Managers of Marion County
  • 24.
    January 9,2017 SPECIAL RESOLUTIONNO.44,2017-recognizes the Ben Davis High School Giantsfootball team for their 2017 Indiana High School Athletic Association(IHSAA)6A State Championship win SPECIAL RESOLUTION NO. 45, 2017 -approves the amounls, locations and programmatic operation of certain projects to be funded from Community Development Grant Funds s/Joseph H. Hogsett, Mayor ORGANIZATION OF COUNCIL Selection ofTennporary Presiding Officer President Lewis asked for consent to appoint Fred Biesecker, Parliamentarian, as the temporary chairman ofthe meetingfor purposes ofthe election ofofficers. Consent was given. ThePresident passed the gavel to Mr.Biesecker. Election ofOfficers Mr. Biesecker opened the floor for nominations for President of the Counczl. Councillor Evans nominated Councillor Lewis for President. Councillor Adamson seconded the nomination. Councillor Simpson nominated Councillor Clay far President. Councillor Oliver seconded the nomination. Councillor Gray moved, seconded by Councillor Adamson,to close nominations. Nominations were closed by a unanimous voice vote. Councillor Clay was elected as President on thefollowing toll call vote;viz: 11 FOR LBWIS: Adamson, Evans, Johnson, Lewis, Mascari, Miller, Mowery, Osili, Ray, Robinson,Scales 14 FOR CLAY.• Clay, Couts, Cordi, Fanning, Gruy, Holliday, Jackson, Kreider, McHenry, McQuillen, Oliver,Pfisterer,Simpson, Wesseler Councillor Clay thanked his colleagues for their vote ofconfidence and said that he hopes this is the first step in moving forward to look like one unified city. He said that he looks forward to serving and working with all his colleagues in the coming year. Mr.Bieseckeropened thefloorfornominationsfor VicePresidentofthe Council. Councillor Coats nominated Councillor Kreiderfor VicePresident. Councillor McQuillen seconded the nomination. Councillor Mascari nonninated Councillor Adamson for Vice President. Councillor Johnson seconded the nomination. Councillor Gray moved,seconded by Councillor McQuillen,to close nominations. Nominations were closed by a unanimous voice vote. Councillor Adamson was elected as Vice President on the following roll call vote; viz: 14 TOR ADAMSON:Ada~n,rnn,Evans, Gray,.lucksnn,Johnson,Lewis,Mascnri,Miller, Oliver, Osili, Ray, Robinso,i,Scales,Simpson 11 FOR KREIDER: Clay, Coai,r, Cordi, Fnnnirtg, Holliday, Kreider, McHenry, McQuillen, Mowery,Pfisterer, Wesseler Councillor Adamson said that he shared his thoughts and objectives with members in a statement left at each desk,and he thanked them for their vote ofconfidence. He said that he hopes they can move forward and engage all members as one body.
  • 25.
    Jownulofthe City-County Council Mr.Biesecker opened the floor for norrzinations for Clerk of the Council. Councillor Osili nominated NaTrina DeBow for Clerk of the Council. Councillor Adamson seconded the nomination. Councillor McQuillen nominated Angela Gonzalez for temporary Clerk of the Council. Councillor Clay seconded the nomination. Councillor Kreider asked why the nomination is temporaz~y. Councillor McQuillen said that he assumes that President Clay will want to choose someone to fit his needs, and it makes sense to him to nominate an individual with more than 20 years of service and experience in the Council office to serve in the interim until the President has a replacement. Fred Biesecker, General Counsel,stated that the Council Rules indicate the position ofclerk is to be nominated and elected at the first meeting of the year. Councillor McQuillen said that he would like his nomination to standfor Clerk ofthe Council. Councillor McQuillen moved,seconded by Councillor Kreider,to close nominations. Nominations were closed by a unanimous voice vote. NaTrina DeBow was elected as Clerk on thefollowing roll call vote; viz: 14 YEAS:Adam.snn,Evans,Gray,Jackson,Johnson,Lewis,Mascari,Miller,Oliver, OSZII, Ray, Robinson,Scales,Simpson 11 NAPS: Clay, Coats, Cordi, Fanning, Holliday, Kreider, McHenry, McQuiflen, Mowery, Pftsterer, Wesseler Councillor Adamson moved,seconded by Councillor McQuillen,fox a brief xecess. The motion carried by a unanimous vote. Certification ofCaucus Leaders NaTrina DeBow,Clerk of the Council,stated that she has certifications that Councillor Gray has been selected as leader ofthe Democratic Caucus and Councillor McQuillen has been selected as leader ofthe Republican Caucus. ADOPTION OF THE AGENDA Newly elected President Clay proposed the adoption of the agenda as distributed. Without objection,the agenda was adopted. APPROVAL OF THE JOURNAL ThePresident called for additions orcorrections to the Journals ofDecember 18,2017. There being no additions or corrections,the minutes were approved as distributed. PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCIL RESOLUTIONS President Clay recognized Councillors Adamson,Gray and McQuillen,who presented Councillors Jason Holliday,Scott Kreider,Maggie Lewis,Michael McQuillen,Brian Mowery,William Oliver, Leroy Robinson and Joseph Simpson with certificates for perfect attendance at Council and Committee meetings for 2017.
  • 26.
    January9,2017 Seeing that thesponsorfor the next agenda item,Councillor Pfisterer,is outofthe room,President Clay asked for consent to postpone Proposal No.5,2018 on the agenda until she returns. Consent was given. INTRODUCTION OFPROPOSALS PROPOSAL NO. 1, 2018. Introduced by Councillor Adamson. The Clerk read the proposal entitled: "A Proposal for a Fiscal Ordinance which approves an additional appropriation of $13,000,000 in the 2018 Budget of the Department of Public Works(Motor Vehicle Highway Fund)for the design,construction and inspection ofcapital projects related to the Transportation and Capital Improvement Program (CIP)"; and the President refereed it to the Public Works Committee. PROPOSAL NO.2,20]8.Introduced by Councillor Miller. The Clerk read the proposal entitled: "A Proposalfor a General Ordinance which approves weightlimit restrictions on McCarty Street, from River Avenue to Harding Street (District 16)"; and the President referred it to the Public Works Committee. PROPOSAL NO.3,2018.Introduced by Councillor Miller. The Clerk read the proposal entitled: "A Proposalfox a General Ordinance which authorizes parking restrictions on McCarty Streetfrom Warman Avenue to Reisner Street(District 16)"; and the Presidentreferred it to the Public Works Comunittee. PROPOSAL NO.4,2018.Introduced by Councillors Evansand Cordi. The Clerkread theproposal entitled: "AProposalfor a GeneralOrdinance which amendsthe codeto add Chapter901 regarding hotels and places ofpubliclodging";and thePresidentreferred itto the Metropolitan and Economic Development Committee. PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCII..RESOLUTIONS PROPOSAL NO.5,2018. The proposal,sponsored by CouncillorsPfisterer,Evans and McHenry, recognizes Kathryn Raasch as the 2017Indiana Association ofSchool Principals(IASP)Principal ofthe Year. Councillor Pfisterer stated that Ms.Raasch is being recognized in front ofthe school board tonight and could not attend this evening's meeting,but sheis very excited to be recognized at the next meeting.. Councillor McQuillen moved,seconded by Councillor Adamson,to postpone Proposal No.S,2018 until January 29,2018. Proposal No.5,2018 was postponed by a unanimous voice vote. SPECIAI,ORDERS-PRIORITY BUSINESS PROPOSAL NOS. 6-12, 2018. Introduced by Councillor Osili. Proposal Nos. 6-12, 2018 are proposals for Rezoning Ordinances certified by the Metropolitan Development Commission on December 29, 2017. 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. 1-7, 2018, the original copies of which ordinances are on file with the Metropolitan Development Commission, which were certified as follows: 9
  • 27.
    Journal ofthe City-CountyCouncil REZONING ORDINANCE NO.1,2018. 2017-ZON-011 5900,5946,5950,5954 AND6002 WEST MINNESO'T'A S17ZEET(A,PPROXIMA`I'E ADDRESSES) WAYNB TOWNSHIP,CD#22 INDIANAPOLIS AIRPORT AUTHORITY,DEEWII.SON,DEE WII.SON LNING TRUSTDTD 10/17/07,by David Kingen and Justin Kingen Rezoning of2.16 acres,from the D-3 and SU-46Districts,to theI-2classification. REZONAVG ORDINANCE NO.2,2018. 2017-ZON-058 6302(6320)EAST RAYMOND STREET(APPROXIMATE ADDRESS) WARREN TOWNSHIP,CD#18 INDIAN AMERICAN SENIOR SOCIETY INC.,by Pat Rooney Rezoning of7.5 aczes from the D-A district to the 3U-38 classification to provide for a community center. REZONING ORDINANCE NO.3,2018. 2017-ZON-067 1428 AND 1430BROAD RIPPLE AVENUE(APPROXIMATE ADDRESSES) WAS}iTNGTON TOWNSHIP,CD#2 ZTNKAN ENTERPRISES,by Thomas Michae]Quinn and Russell L.Brown Rezoning of 0.864 acre, from the C-3 (FW), D-5(FW) and SCT-37 districts to the D-P (FW) classification to provide for amixed-use commercial and residential development,with a density of 44 units per acre and 6,500squarefeet ofcommercial spa. REZONING 012DINANCE NO.4,2018. 2017-ZON-074 1228-1236(EVEN NATTONAL AVENUE AND 1327, ]329, 1331, 1337 AND 1501 STAIVDISH AVENUE(APPRO}~MATE.ADDRESSFS) PERRY TOWNSHIP,CD#16 STItATBGIC CAPITALPARTNERS,LI,C,byPeter D.Cleveland Rezoning of1.36 acresfrom the D-5 districtto the UQ-1 classification. REZONING ORDINANCE NO.5,2018. 2017-ZON-075 201 SOiJ'i'I-T HARDING STREET, 170 AND 340 SOUTH WFIITE RIVER PARKWAY, WEST DRIVE AND 514DROVER STREET(APPROXIMATE ADDI2BSSES) CENTER TOWNSHIP,Cb#16 AMBROSEPROPER7'X GROUP,LLC,by Timothy E.Ochs Rezoning of 103.2 acresfrom the C-1(RC)(FW)and I-4(RC)(FW)districts to the CBD-S(RC)(FW) classification to provide for three use districts; A,B,and C,with thefollowing uses pernutted in all three districts: Single-family detached dwelling;single-farruly attached dwelling;multi-fami]y dwelling;live-work unit; nursing home;assisted living facility; business,art or other post-secondary school Business,art or other post-secondary proprietary school; community center; day care center or nursery school; greenway; museum,library or art gallery; public safety facility of post office; religious uses;schools ofany type; medical or dental offices, centers, clinics or laboratories; veterinarian services; artesian food and beverage; farmer's market; consumer services or repair of consumer goods; financial and insurance service; Laundromats; printing services; bar or tavern; eating establishment or food preparation;indoor recreation and entertainment,including spectator venue;nightclub orcabaret;theateror music hall;hotel, motel or hostel; offices, business, professional or government; outdoor recreation and entertainment, including marina;research and development of any type; department store; grocery store;liquor store; retail, light and heavy- general; parking ]ot and parMng garage,commercial;transit center or node;and all accessory uses permitted in the CBD-2and CBd-3 districts. In addition, Area "A" and "C" are permitted to have a substation and utility distribution nodes and wireless communications facilities;Area"B"and"C"uepermitted to have an automobilefueling station; and Area"C"is permitted to have artisan manufactwing;light manufacturing; automobile, mororcycle and light vehicle sales,rental or repair;and warehousing,wholesaling and distribution. l~
  • 28.
    January 9,2017 Development Standardsfor District"A"wou]d allow 140%lotcoverage;zero-footfront, side and rear setbacks,exceptalong Oliver Avenue where]0feetisrequired whereoutdoorseatingis provided and 10 feetis required along an ~Iley ifa setbackis provided;15-foot maximum frontsetback;135feetbuilding height adjacent to Oliver Avenue, otherwise unlimited; and other development standards would be consistent with CBD-2district. Development Standards for District"B"would allow 100%]ot coverage;zero-footfront,side and rear setbacks,except along Oliver Avenue where 10feet is required where outdoor seating is provided and along an alley where 10feetis required ifa setback is provided; 15-foot ma~mum frontsetback;and a 60-footorfive-story ma~cimum building height. Development Standards for District"C"would allow 100%lot coverage;zero-footfront,side and rear setbacks,exceptalong an alley where 10feetisrequired ifasetbackis provided;75-£oot maximumfront setback;and no m~ucimum building height. RF70NIIVG ORDINANCE NO.6,2018. 2017-ZOIV-076 7021 SOUTH FRANKLIN ROAD(APPR03ffMA'!B ADDRESS} FRANKLIN TOWNSHIP,CD#25 CHRISTOPHER AND REBECCA SHOREY,byJoseph D.Calderon Rezoningof3.97 acresfrom theD-A districtto the C-1 classification. REZONING ORDIIVANCE NO.7,2018. 2017-ZON-079 948, 956 ANA 960 NORTH RURAL STTtEET AND 955, 959 AND 960 EASTERN AVENUE (APPROXTMA7"E,ADDRESSES) CENTER TOWNSHIP,CD#17 NEAREASTRENEW?.I.AND STEVEN MCCLOUD,byJoeSmoker Rezoning of0.46acrefrom the C-3 districtto theD-5classification. ANNOUNCEMENTS AND ADJOURNMENT ThePresident said thatthe docketed agendaforthis meeting ofthe Council having been completed, the Chair would entertain motions for adjournment. Councillor McQuillen stated that he had been asked to offer the following m:otzon for adjournment by: (1) Councillor Fanning in memory of Melvin Fox;and (2) Councillor Wesseler in memory ofLarry Jones;and (3) Councillor McQuillen in memory of Aleea Cherise Graves;and (4) Councillors McQuillen and McHenry in memory of Nadeen Biddinger;and (5) Councillors Kreider and Adamson in memory ofDelia Diaz;and (6) Councillors Cordi and Kreider in memory of Annabeth Smith;and (7) Councillor Cordi in ~neinory of Grace Janette Davis and Juliann Jackson;and (8) Councillor Pfisterer in memory ofFred Olofson and Bill Costello;and (9) Councillor Adamson in memory of Arbia Faye Lewis;and (10)Councillor Johnson in memory ofSean William Gleason; and (11)Councillor Lewis in memory of Harry Gurnell,Jr. 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 Melvin Fox, Larry Jones, Aleea Cherise Graves, Nadeen Biddinger, Delia Diaz, Annabeth Smith, Grace Janette Davis, Ju]iann Jackson,Fred Olofson,Bill Costello,Arbia Faye Lewis,Sean William Gleason,and Harry Gurnell, Jr. He respectfully asked the support offellow Councillors. He further requested that the motion be made a part ofthe permanentrecords ofthis body and that a letter bearing the Council seal and the signature ofthe President be sent to the families advising ofthis action.
  • 29.
    Journal ofthe City-CountyCouncil There being nofurther business,and upon motion duly trade and seconded,the meeting adjourned at 7:36 p.m. We hereby certify thatthe above and foregoingis afull,true and completerecord ofthe proceedings ofthe regularconcurrent meetings ofthe City-Council ofIndianapolis-Marion County,Indiana,and Indianapolis Police,Fire and Solid Waste Collection Special Service DistrictCouncilson the8th day ofJanuary,2018. In Witness Whereof,we have hereunto subscribed owr signatures and caused the Seal ofthe City of Indianapolis to be affixed_ Yt~„ ~ - President ATTEST: ~- Clerk f he Council (SEAL) 1?_
  • 30.
    Stephen Clay becomesIndianapolis council president as Republicans pull off'coup` Page 1 of2 SUBSCRIBE TODAY (HTTP://OFFERS.INDYSTAR.COM/SPECIALOFFER? False GPS- SOURCE-BENBFEB&U7M_MEDIUM=NANOBAR&U' EXCHANGE&UTM_CAMPAIGN=WELOVE2018) Stephen Clay becomes Indianapolis council president as Republicans pull off'coup' James T3riees,james.briggstai indystar.com Published 9:1R p.m.ETJan.8,2018 ~ Updatcvl 2:42 p.m.ETJan.9,2018 The balance of power in Indianapolis politics shifted Monday as DemocratStephen Clay rode a wave of Republican supportto become City-County Council president, a win that negates Democrats'14-11 council majority. Clay defeated former Council President Maggie Lewis,14-11,including votesfrom nine Republicans and five Democrats.The vote capped an ugly race that wasfought in the aftermath of a sexual groping accusation against Clay that became public in recent days and that he strongly denied. (Photo:JamesBriggs/lndyStar) "I think what we saw today is what happens when Democrats and Republicans can work togetherfor the common good," Clay said."And I'm grateful for the privilege to be able to serve,and tomorrow we govern. So, we fail back in line and we move the people's agenda forward." "it smells." Councilman decries deal made in private to develop homes at Westfield golf course(/storvinews/locallhamiiton- county/2018/01/09/councilman-says-deaI-develop-homes-westfieId-golf-course-smells/1015400001/) Members of Clay's party might be slow to fall back in line, though. Clay became council president, in part, by offering Republicans unprecedented influence over the council for a minority party. Clay plans to appoint Republicans to chair some committees,a structure that Republican Minority Leader Michael McQuiilen said might never have otherwise existed for a minority party. "Indianapolis will now see a bipartisan committee structure in which both Republicans and Democrats will chair committees of the City-County Council," McQuillen said."I think that will give all the people of Indianapolis a beater chance to hear their voice and to move fonNard with the people's business." But it also will reduce the role of Democrat majority. Lewis,the first woman council president in Indianapolis, who had served in that role since 2012,called Clay's win a Republican takeover of the council. "In our political world, we call it a coup, right?" Lewis said."So,you go to the other side that are not a part of your party and you do a power grab and that's really what happened." EXHIBIT When asked if Clav would continue to be welcomed in the Democratic caucus. Lewis said."That's a great question " ~ hops://www.indystar.com/story/news/local/marion-county/2018/O U08/stephcn-clay-becomes-Indian
  • 31.
    Stephen Clay becomesIndianapoliscouncil president as Republicans pull off coup' Page 2of2 have no idea,"she said."Because, ngh[ now,there's a lot of hurt teelings and a lot of heads hanging because our election has been taken away from us." SUBSCRIBE TODAY (HTTP://OFFERS.INDYS7AR.COM/SPECIALOFFER? Clay in recent days biai~iE~ ~a or r~ e5' atu 4 a public accusation ~s~lv~i~ws/local/marion-rp nt 1R7~17Q71pC~glnq;rlai(n;f~sUffOC~s-atlanGt- ~~tfY~~=BE~v~n:a~~~~vr_iv~~vrorvr=r3-nrrv~~s~R&U' Indianapolis-councilman-stephen-ciav/1007949001/)that Clay groped a boy more than a decade ~ip~~ ~~t,~ap~n~~~fppp@~Jq~?Q~lis resident,told IndyStar Clay groped him when he was 13 or 14. BryanYs mother, Maxine Bryant,and a childhood friend, Chad Spann,told IndyStar Jonathan Bryant told them about the alleged incident in the early 2000s. Clay has denied wrongdoing and on Monday renewed his assertion that Lewis was behind recent media reports about the accusation. "I do believe,in my own personal estimation,some of this wasfueled and fanned by the opposition," Ciay said. Lewis denied that she had anything to do with the accusation. "This brave young man came out and shared his story, and for his story to be overshadowed by politics, iYs really sad to me;'Lewis said."My heart goes out to him as a victim. I don't know him, but I do apologize that my politics has overshadowed his bravery." McQuillen said he was comfortable with Clay as president. "In my conversation with President Ciay, he assured me there was no basis to the(accusation)," McQuillen said."I believe he's a man of his word." Republicans last month expelled Councilor Jeff Millerfrom their caucus because of criminal charges he is facing that he fondled two girls at his home last year. Miller, who remains engaged in council business, has pleaded not guilty to three felony charges.Every council Republican has called on Miller to resign. Clay has acknowledged he talked to police about Bryant's accusation more than a decade ago, but has emphasized no charges were filed. McQuillen said that distinction made him comfortable with Ciay. Clay's victory stunned many Democrats who supported Lewis. DemocratZach Adamson,who won re-election as vice president ofthe council,said he is not sure what happens next. "I'm notsure what priorities we will embrace now that we weren't doing before,"Adamson said. The council president sets the direction for the CityCounty Council,selecting committee chairs and assigning proposals to committees.The council president also receives slightly better compensation than rank-and-file members. Councilors earn annual salaries of$11,400, plus per diems for attending meetings that can push the total to more than $1A,000. The council president receives an additional $1,982 per year.The vice president, majority leader and minority leader each get an extra $1,320 per year. Clay did not offer any specific plans that he has for the council under his leadership. "The people who were able to vote made a clear decision of where they want to go and we believe that'sjust building on some of the things that the former president has done and then building on that and improving some things that maybe were not done to the extent they could have been done," Clay said. McQuillen offered the clearest indication of what is to come. Republicans will have greater control over committees. Cal!lndyStarreporterJames Briggs at(317)444-6307. Follow him on Twitter:(c~JamesEBrigqs(https//twittercom/iamesebrigqs). Read or Share this story: http://indy.sU2CRV1 Nf r;,,srna IPISPORTS 1lttps://www.indystar.com/story/clews/local/marion-county/2018/0]/08/stephen-clay-becomes-indianaJ~ol... 2/12/2018
  • 32.
    From: Mallon,Andy Sent: Monday,JanuaryO8,2a188:42 PM To: Biesecker,Fred R. Subject: Re: New council president Absolutely. Sentfrom my iPhone On Jan 8,2018,at7:43PM,8iesecker,Fred R.<Fred.Biesecker~indy,~ov> wrote: assume I will not be retained as general counsel,so ifthere issomething I can do to help the administration as a contractoror employee,please let me know. Thank you... Fred R.Biesecker General Counselto the City-County Council 200 ~.Washington St., Room 225 {ndianapolis,iN 46204 317-~27-4232 fred.bieseckerC~indy.~ov i EXHIBIT
  • 33.
    From: Brown, BartB. Send Tuesday,January 09, 2018 3:47 PM To: Biesecker, Fred R. Subject: RE: Majority caucus counsel Good point,thatshould be available Bart Brown CFO City-County Council ofIndianapolis and Marion County 20Q East Washington Street,T24~ Indianapolis,Indiana X46204 317.327.4246 bart.brownCu~indv~ov From:8iesecker, Fred R. Sent:Tuesday,January09,2418 3.46PM To:Brown,Sart B. <Bart.Brown@indy.gov> Subject:Re: Majority caucuscounse{ 1 would think the new GC doesn't necessarily have to getthe$20k bump i was going to get. from:Brown, Bart B. Sent:Tuesday,January 9,2018 3:44 PM To:Biesecker, Fred R. Subject: Re: Majority caucus counsel There is ifTed doesn't get a bump Sentfrom my iPhone On Jan 9,2018,at 3:42PM,Biesecker, Fred R. <Fred,Biesecker@indy.~ov> wrote: Since there will likely be a new general counsel by 1/29,is there any room in our budgetto hire majority caucus counsel(i,e., me)? Thanks... i EXHIBIT a
  • 34.
    From: Biesecker, FredR. Sent: Wednesday,January 10. 2018 8:45 AM To: peterkougasian@yahoo.com Subject: Ite: Suspense killin' me! Well,the child laving Reverend sold his soulto the Republicans and,with the help of4other sexist Democrats,won 14- 11.I'm meeting with him today but i suspect I willsoon be able to devote more time to Finnegans Wake. Only 681 pagesto go. Sentfrom my iPhone > On Jan 10,2Q18,at7:18 AM,"peterkougasian@yahoo.com"<peterkougasian@yahoo,com> wrote: > What happened atthe meeting? > Thanksso much farschlepping outto White Plains to see me.It was great getting caught up. > Original Message > From:Fred.Biesecker@indy.gov > Sent:January 5,2018 x:05 PM > To: peterkougasian@yahoo.com > Subject:Re:Snowmageddon > Looks like we will getto White Plains around 5. We will take a cab to Burke. > Sentfrom my iPhone » On Jan 3,2018,at8:54 PM,"peterkougasian@yahoo.com"<peterkougasian@yahoo_com> wrote: » That would be great but remember,no pressure! » Original Message » From: Fred.Biesecker@indy.gov » Sent:January 3,20187:06 PMwo » To: peterkougasian@yahoo.com » Subject: Re:Snowmageddon » Because Annette just retired I don't think a Village brownstone is in our future,but we would like to see you Friday afternoon/evening if the cyclone and the therapy schedule permit. » Sentfrom my iPhone »> On Jan 3,2018,at 6:43 PM,"peterkougasian@yahoo.com"<peterkougasian@Yahoo.com> wrote: »> 1 EXHIBIT
  • 35.
    ~U~-~;~~1'-i~~I~, I,.EGAL SERVICES.AGREEMENT BY THISMEMORANDUM OFACREEMEIYT("Agreement"),the City- County CouncilofIndianapolis and Ma~ox~ Caunfy("Council"),retainsFredR Biesecker("General Counsel")to provide certain legalservicesforthe Council uponthe teams and conditions hereinafterstated. 1. Appointment: The Councilhas appointed Fred R.Biesecker as its Genexal Caw~se~. 2. Regular Services: a. Biesecker agrees to renderthe legal sezvicesspecified anthe ~Zn1es of fihe Counciland tkus Agreementin accordance with the directions of thePresidentandthe Counczl. b. The generalduties ofthe GeneralCounselshall be asfollows: (1)Cou~neillors'Regaests: Reseaxchanaldraftpxoposats and amendmentsasxeq~ested by Councillors and revise proposalsaiad amendments as appropriate;consultwith Councillors who requestlegaladvice asto Council matters, subjectto authorizationofthePresidentifany specific project willinvolve oventhree hoursto psrfoxm. (2)ProceduralMatters: Review all proposals prior to introduction as to fornn and legality,and supervise preparation ofCouncil mee#ing agenda;advise the Council staffgenerally as to the legalrequirements relevantto Council business,supervise tl~e preparation ofthe Journal, and review and proofthe Jo~u~caal ~ozlegalsufficiency and accuracy. (3} Codification: Coordinateand supezvisethe codif~catianof municipal ordinances. (4)Formal Opiuiions: Researchlegalissues and prepare Iegal opinions withrespectto Council business. EXHIBIT
  • 36.
    (S~ General: CouncilMeetings: Attend all council meetings (unless excused bythe President),act as parliamentarianto the Council,renderlegal advice as requested,and advisethe Council asto legal requirementsfor Council pxocedures an:d actions. (~ Committees: Attend all meetingsofthe Rules and Public policy Corn.~nittee,analother cornrnittees when requested by the Committee Chair,thesponsor ofa proposal scheduledfor heazi~.g before a co flee,ox whentk~.e discussionoflegal questions can be anticipated,renderlegaladvice as requested and draftamendmentsto pending proposals. (7)Counselto thePresident: Performlegalresearch and render legal opinions as requested by the Presidenfi,advisethe Presidentasto legal matters affecting Councilbusiness and procedures,undertakesuch special pxojects asare assigned bythe President. (8)Cou~seito Caucuses: Attend caucuses when requested b~ the cauc~xsleader. (9)General Counsel: Supervise and coordinate activities of assistantattaz~aeys azad contractattorneys,coordinate withthe Corporation Counselofthe City ofIndianapolis,Marion County,and otherpublic o;Cfiicials with respectto x~aatters presented#o the Council,advise aad negotiate with those having buszness beforethe Council. c. Itis anticipated thatthe servicesto be provided underthis Agreement will involve approxiz~c~ate~y Six Hundred Eighty-Szx(68G}hours per year by the GeneralCounsel. 3. Compensation: Forsuch:services,the Council sha11 pay Bieseckerr atthe rate ofone Hundred Fifty Dollars($150.00)per hourfox his services. 4. Payment: Compensation shall be paid monthly on the basis ofactual charges, tt~e total charges hereuYider notto exceed One Hundred-Two Thousand Nine Hundred Dollars($102,900.00),except when authorized as provided in paragraph6.
  • 37.
    5. Term: ThisAgreementshall be in e££ectfor the pexiod ofJanuary 1,2017 through December31,2017unlesssoonerterminated or extendedfrom time to time bythePresident. 6. AdditionalServices: Itis anticipated thatthe Council will desire Biesecker to provide servicesin additionto those general duties described above. Any substantial additional services or special assignments,including auy subcontractsforservices authorized hereunder,shall be provided pursuantto separate addenda,engagementletters or agreements approved by thePresident ofthe Council,and paid accordingly. 7. Termination: This Agreementshallterminate atanytime Bieseckeris no longer ableto providethe servicesrequired bythis Agreement. The Council mayterminatethis Agreementin accordance with Council Rules or other relevantpersonnel policies. Dated:~Q..~. ~J ,2017 CITY-COUNTY COUNCIL t BY: Magg wis,President Fred R.Biesecker,General Counsel. BY: /(~ Fred R.Biesecker
  • 38.
    .31T.327.=230faz NaTriraa.DeBow@indy.gov c~re,Fastzva~ to~'znrl~/ourse~istofose~nursefin t/z~eserviceofotters." ~c~~e 1,'i~rce is af~Naq/s riJc r~t to clo 4v'~rcC~is riJc'ri~ ,~ J From:Biesecker,Fred R. Sent:Wednesday,January 31,2Q189:29 AM To:Debow,NaTrina <NaTrina.Debow@indv.Qov> Cc:Brown,Bart B.<Bart.Brown(~indv.~ov> Subject:FW:Contract FYI. !'m tired of working without a contract. From:Biesecker,Fred R. Sent:Wednesday,January 31,20189:27 AM To:Stephen 1 Clay(jaiclav aol.com}{faiciay@aol.comj<jaiclay(c~aol.com> Subject:Contract President Clay, When you have a spare moment,I would like to getsome closure an my contract. have prepared two versions—one would cover the foil year of2018(on the same terms as my 2017 contract),and the other would rover only the firstthree monthsofthis year(but could be renewed or extended). The intent ofthe three- month contract isthat it would probably take at leastthat long forthe council presidentto selectsomeone else as general counsel; for that person to be approved by both the RulesCommittee and the fu11 council;and for a reasonable transition period. Also,the three month contract would be useful ifthere has not yet been a decision on whetherto selectsomeone else asgeneral counsel. pbviously, I would preferthe one-year contract,but I need to have a contract ofsame sort in place in order to get paid for my work in 2018. Thank you for your consideration. Fred R. Biesecker General Counsel to the City-County Council 200 E. Washington St., Room 225 Indianapolis,1N 46204 317-327-4232 fred.biesecker@indy.~ov EXHIBIT
  • 39.
    From: Biesecker, FredR. Sent: Wednesday,lanuary Z7,2018 10:I5 AM To: Debaw,NaTrina Cc: Brown,Bart B. Subject: Re:LEGAL SERVICES AGREEMENT 8iesecker 2Q17.docxv,2.docx--207.8 stat.dacx Pease held itfor now.Thank you Sentfram my iPhone On Jan 17,2018,at 10;12 AM,Debow,NaTrina <NaTrina.DebowC~indy,~ov> wrote: do you want me to give him the3 mo one ton or hold onto it to see what he decides to dofirst? 7rina ~e~ozu CCcrkoftfie City-C~~~l~~ry Counat 200East4~t1as(irrgtonstreet,7241 CCU IradianapoCs,IJY'95204 31?.327.4290office 317.5~4.9D06ceCC 317.327.4230fug, NaTrina.DeBnw@indy.gov c~re,hest wa~/Go~'znrL~ourse~isto~oss~/nursefzn ireserv%ce nf'ot~ers." '(1/Ie tineis aI-rt~a~/e5'TZJi lI~ ~b CLO TYf7[Z"(i ZeS 7'ZJi"/77~i I' J From:Biesecker,Fred R. Sent:Tuesday,January 16,20187:05 PM To:Debow,NaTrina <~faTrina.Qebow@indV.~ov> Cc:Brown,Bart B.<Bart.Brown indy,~ov> Subject:Re:LEGALSERVICES AGREEMENT'Biesecker 2017.docxv.2.docx--2018 stat.docx So,will you give him this version or do you want me to do that? Thank you. Sentfrom my iPhone anlan 2b,2018,at 12:15 PM,debow,NaTrina <NaTrina.Debov~~indy.~o~>wrote: Sounds good.Thanks! 2t'ztta ~De~ott~ ('(4r(,oft(re City-('oirttty ~outtciC 20U~Easl`iNns~irr~jtc~n,Street, x/'241 C(,'<3 InclrQtrnpo(fs,I~l~ =1b204
  • 40.
    317.327.42 0office 31750.1.9006celC 317.327.4230fa:~ raTrina.DeBow@indy.gov `c~re,best u~'~~~o~'zrecl~oursefistoIcse~ozcrsefin tre service ofct~ers." ~cr~e timeiscrIY~~sr~~tto ~Co w'ratisrJrit" From:Biesecker,Fred R. Sent:7uesd~y,January 16,2018 12:11 PM To:Debow,NaTrina <NaTrina.Debow@indY•~ov> Cc: Brown,Bart B.<Bart.Srown indV.gov> Subject: RE:LEGALSERVICES AGREEMENT Biesecker 2017.docxv.2.docx--2018stat.docx It might make sense to keep the base contractthe same as last year. Paragraph 6 authorizes an addendum for additional services ifthe GC work requires it. Than!<s... From:Debow,NaTrina Sent:Tuesday,January 16,2018 12:03PM To: Biesecker,Fred R.<Fred.Biesecker@indy.gov> Cc: Brown,Bart B.<Bart.Brown@indy,~ov> Subject:RE:LEGALSERVICES AGREEMENT Biesecker2017.docxv.2.docx--2018stat.docx Thank you. i think Barttold him that the additional amount would be forthe Criminal Justice Complex,but maybe we'll do a separate contractfor that. 77na ~De43o2u Glerkoftftc City-County C`o~~atci! 200rEast `~l~asli~r~toraStrcet, rI'241 ~~Y13 Iiufiaizapotis, I,~~ 96Z04 317.32%.4240 offi'cc 317.501.9006ce~C 3.17.327.4,230fad NaTrina.DeBow@indy.gov ~~~e Hest w'e't/ to~nc~zJotcrse~is$~fose ~t/otcrsefirr $~e service o~'ct~iers.° ~/ J ~~e tirze is itfiVa~s'r~rt.t~ ~o zv'~Utisri~Ct„ ................................................. From:Biesecker,Fred R. Sent:Tuesday,January 16,2~1$ 11:3Q AM To: Debow,NaTrina <NaTrina.DebowC~indy.~ov> Cc: Brown,Bart B.<Bart.Brown~a indy.~ov> Subject:FW: LEGAL SERVICES AGREEMENT Biesecker 2017.ciocxv.2.docx--2018 stat.docx Here is another alternative draft contract. This one isforthe full year but keeps the compensation the same as 2017. I think he already has the one I submitted in 2
  • 41.
    Decerl~ber that hasthe $20k increase. I told him this morning that if there is a better use for tE~e $20k I would forego the increase. From:Biesecker,Fred R. Sen#:Tuesday,January 16,2018 11:14 AM To: Biesecker,Fred R.<Fred.Biesecker@indv.~ov> Subject: LEGALSERVICES AGREEMENT Biesecker 2017.docxv.2.docx--2018 stat.docx
  • 42.
    from: Zach Adamson<Inciyjeepboy@aol.com> Sent: Friday,January 26,2018 7:07 AM To: Biesecker,Fred R. Subject: RE: private Ok.Thanks. Many Thanks, Zach Adamson From:Biesecker,Fred R. Sent:Thursday,January 25,20183:57 PM To:Zach Adamson Subject:RE:private It would be a motion to amend the agenda to add(under New Business} a motion for a vote of no confidence. _ From:Zach Adamson(maitto:indyjeepboy@aol.com) Sent:Thursday,January 25,20183:15PM To: Biesecker,Fred R.<Fred.Biesecker@indy.gov> Subject:RE:private Sa atthe opening ofthe meeting,during the consentofthe agenda,someone would add the voteto the agenda? Thanks, Zach Adamson From:Biesecker. Fred R. Sent:Thursday,January 25,2018 1:09PM To:Zach Adamson Subject: RE: private Zach, Neither our rules nor Robert's Rules mentions a motion or vote of no confidence. It would have no effect other than expressing the majority's views. You would have to amend the agenda to add it under new business. it would not need a proposal. From►: Zach Adamson[mai{to:lndvieepbov@aol.comJ Sent:Thursday,January 25,2018 12:47 PM To:Siesecker, Fred R.<Fred.Biesecker~o.indy~ov> Subject: private Fred,if we bring up a vote of no confidence on Monday,does it have to be on the agenda and does it need a proposal? 1 EXHIBIT a 9
  • 43.
    From: Biesecker, FredR. Sent; Monday,January 29,2018 10:02 AM To: Councilor Adamson Subject: RE:call Yes. office is 327-4232. Cell is 523-2230 dram:Councilor Adamson[mailto:Adamsonforindy@aoi.comJ Sent: Monday,January 29,20189:56 AM To:Biesecker,Fred R.<Fred.Biesecker@indy.gov> Subject:call Are you free for a phone call? Many Thanks, Zach Adamson Vice President The Indianapolis City-County Council City-County Councilor, District 17 Indianapolis Marion County City-Coun#y Council Committee Assignments: Public Works Metro/Econ Development Community Affairs Find us on FACEBOOK And an Twitter @ZachAdamson Web address and DONATE ON LINE HERE: www.AdamsonForindy.com
  • 44.
    From: Brown,Sart 8. Sent:Monday,January 29,2018 2:33 PM 70: Biesecker,Fred R. Subject: RE:Procedural hypothetical Yes,since it is hypothetical. Bart Brown CFO City-County Council ofIndianapolis and Marion County 200East Washington Street,T241 Indianapolis,Indiana 46204 317.327.4246 bart.brown@indy.~ov from:Biesecker, Fred R. Sent: Monday,January 29,20182:25 PM 7a:Brown,Bart B.<Bart.Brown@indy.gov> Subject:Fwd:Procedural hypothetical Should I answer? Sentfrom my iPhone Begin forwarded message: From:"Briggs,James" <James.Bri~ s ind~star.com> Date:lanuary 29,2018 at 2:16:02 PM EST 70:"Fred.Biesecke~ind~.~ov" <Fred_Siesedcer(c~indy~ov> Subject: Procedural hypothetical Hi, I'm hoping you can he{p me with a procedural question. If a majority ofcouncil members were to decide they wanted to elect a new council president before the expiration of Council President Stephen Clay's term,what would be the process for doing so? Thanks, James 1 EXHIBIT ~ l~
  • 45.
    from: Brown,Bart B. Sent:Monday,January 29,2018 3:14 PM To: Biesecker, Fred R. Subject: RE:Procedural hypothetical He was going to learn that eventually Bart Brown CFO City-County Council ofIndianapolis and Marion County 204 East Washington Street,T241 Indianapolis,Indiana 46204 317.327.4246 bart.brownCindv.gov ................................................................................................................................................................................................................................................................................. from:Biesecker,fired R. Sent: Monday,January 29,2018 3:13 PM To: Brown,Bart g.<Bart.Brown@indy.gov> Subject:FW:Procedural hypothetical FYI.. From:Biesecker,Fred R. Sent: Monday,January 29,2018 3;11 PM To:'Briggs,lames'Uames.Br~s indystar.com> Subject: RE: Procedural hypothetical lames, The hypothetical process would be governed by council rule 151-13(c),which states that,"Any officer elected by the city-county council may be removed upon a majority vote of aVl members ofthe city-county council; however, no vote shall be had upon a removal until the motion to do so has been made a special order of business by vote at a meeting at least one t1) week prior thereto." Thank you... Fred ft. Biesecker General Counsel to the City-County Council 200 E. Washington St., Room 225 Indianapolis,IN 46204 317-327-4232
  • 46.
    "' NOTICE: Thisis only a preliminary draft of the City-County Council agenda prepared by the Council staff pursuant to Sec.151-95 and may not be complete. The President of the Council has not determined the order of businessforthis meeting pursuanttoSec.151-71. Theagenda will befinal only when approved bythe Council atthe meeting. AGENDA CITY COUNTY COUNCIL AND THE INDIANAPOLIS POLICE,FIRE, AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS January 29,2018 7:00 P.M. I. PRAYER AND PLEDGE OF ALLEGIANCE -Councillor Kreider II. ROLL CALL III. INTRODUCTION OF GUESTS AND VISITORS IV. OFFICIAL COMMUNICATIONS V. ADOPTION OF AGENDA VI. APPROVAL OF JOURNALS —January 8,2018 VII. PRESENTATION OF PETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCIL RESOLUTIONS PROPOSAL NO.5,2018 (Special Resolution) INTRODUCED:01/08/2018 BY:Councillors Pfisterer, Evans and McHenry REFERRED TO:Committee of the Whole DIGEST: recognizes Kathryn Raasch as the 2017 Indiana Association of School Principals (IASP)Principal of the Year COUNCIL ACTION: 01/08/2018 Postpone until 1/29/2018 PROPOSAL NO.42,2018 (Special Resolution) INTRODUCED:01/29/2018 BY:Councillors McHenry,Pfisterer and Evans REFERRED TO:Committee of the Whole DIGEST: recognizes Patrick Biggerstaff as the Indiana Association for Career and Technical Education Administrator of the Year EXHIBIT ~ /~
  • 47.
    VII. PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCIL RESOLUTIONS PROPOSAL NO.43,2018 (Special Resolution) INTRODUCED:01/29/2018 BY:Councillor Wesseler REFERRED TO:Committee of the Whole DIGEST: recognizes The Belmont Lunch on their 100th Anniversary PROPOSAL NO.346,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Lewis REFERRED TO:Administration and Finance Committee DIGEST: reappoints Leroy Robinson to the City-County Audit Committee COMMITTEE ACTION: 01/16/2018 Do Pass 8-0 PROPOSAL NO.366,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Lewis and Robinson REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Brian Tuohy to the Marion County Public Defender Board COMMITTEE ACTION: 01/17/2018 Do Pass 8-0 PROPOSAL NO.369,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Robinson and Lewis REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Jennifer Norton to the Citizens Police Complaint Board COMMITTEE ACTION: 01/17/2018 Do Pass 8-0 PROPOSAL NO.372,2017 {Council Resolution} INTRODUCED:12/04!2017 BY:Councillors Robinson and Lewis REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Johnie Underwood to the Reuben Engagement Center Board COMMITTEE ACTION: 01/17/2018 Do Pass 8-0 PROPOSAL NO.374,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Robinson REFERRED TO:Public Safety and Criminal Justics Committee DIGEST: reappoints Caroline Fisher to the domestic Violence Fatality Review Team COMMITTEE ACTION: 12/06/2017 Postpone until 1/17/2018 7-0 01/17/2018 Do Pass 8-0 PROPOSAL NO.376,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Robinson REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints K.Sue Leonard to the Domestic Violence Fatality Review Team COMMITTEE ACTION: 12/06/2017 Postpone until t/17/2018 7-0 01/17/2018 Do Pass 8-0 2
  • 48.
    VII. PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCIL RESOLUTIONS PROPOSAL NO.377,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Robinson REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Kelly McBride to the Domestic Violence Fatality Review Team COMMITTEE ACTION: 12/06/2017 Postpone until 1/17/2018.7-0 01/17/2018 Do Pass 8-0 Vfll. INTRODUCTION OF PROPOSALS PROPOSAL NO.13,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Simpson REFERRED TO:Administration and Finance Committee DIGEST: approves the Mayor's appointment of John C. Krause as hearing officer to preside over the administrative adjudication of parking citations and environmental violations PROPOSAL NO.14,2018 (Special Resolution) INTRODUCED:01/29/2018 BY:Councillor Simpson REFERRED TO:Administration and Finance Committee DIGEST: determines the need to lease space in the Lawrence Fire Departmentfire station at 7620 Oaklandon Road for use by the Indianapolis Fire Department PROPOSAL NO.15,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Osi1i, Adamson and Miller REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints James T. Kienle to the Indianapolis Historic Preservation Commission PROPOSAL NO.16,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Jackson and Lewis REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Russell Brown to the Ft. Benjamin Harrison Reuse Authority PROPOSAL NO.17,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Fanning and Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: appoints Clara Glaspie to the Indianapolis Housing Agency Board of Directors PROPOSAL NO.18,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Roderick Bohannan to the Metropolitan Board of Zoning Appeals, Division PROPOSAL NO. 19,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson REFERRED TO: Metropolitan and Economic Qevelopment Committee DIGEST: reappoints Mary Kelley to the Metropolitan Board of Zoning Appeals, Division II PROPOSAL NO.20,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Kim Boyd to the Metropolitan Board of Zoning Appeals, Division III
  • 49.
    VIII. INTRODUCTION OFPROPOSALS PROPOSAL NO.21,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Clay REFERRED TO:Metropolitan and Economic Development Committee DIGEST: appoints David Greene,Sr.to the Metropolitan Development Commission PROPOSAL NO.22,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Anthony Bridgeman to the Board of Business and Neighborhood Services PROPOSAL NO.23,2018 (General Resolution) INTRODUCED:01/29/2018 BY:Councillor Adamson REFERRED 70:Metropolitan and Economic Development Committee DIGEST: 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 PROPOSAL NO.24,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Oliver REFERRED TO:Parks and Recreation Committee DIGEST: reappoints Joseph Wynns to the Board of Parks and Recreation PROPOSAL NO.25,2018 {General Resolution) INTRODUCED:01/29/2018 BY:Councillors Oliver and Ray REFERRED TO:Parks and Recreation Committee DIGEST: 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 2609Senour Road PROPOSAL NO.26,2018 (Council Resolution) INTRODUCED:01/29!2018 BY:Councillor Robinson REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reconfirms the Marion County Public Defender Board's nomination of Robert J. Hill as the Chief Marion County Public Defender PROPOSAL NO.27,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Evans and Clay REFERRED TO:Public Safaty and Criminal Justice Committee DIGEST: reappoints Renee Turner-Pack to the Board of Public Health and Safety PROPOSAL NO.28,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Clay REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: appoints Jill Johnson to the Marion County Community Corrections Advisory Board PROPOSAL NO.29,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Clay REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: amends the membership of the community corrections advisory board to conform to House Enrolled Act(HEA)1218,2017
  • 50.
    VIII. INTRODUCTION OFPROPOSALS PROPOSAL NO.30,2018 (General Resolution) INTRODUCED:01/29/2018 BY:Councillor Clay REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: approves an amendmentto the 2015 Restated Marion County Sheriff's Department Personnel Retirement Plan PROPOSAL NO.31,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillor Gray REFERRED TO:Public Works Committee DIGEST: reappoints Henry Williams to the Board of Public Works PROPOSAL NO.32,2018 (General Resolution) INTRODUCED:01/29/2018 BY:Councillor Gray REFERRED TO:Public Works Committee DIGEST: approves a request of the Department of Public Works to purchase certain real estate owned by Butler University for the department's Little Eagle Creek Levee Segmentrehabilitation project PROPOSAL NO.33,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Adamson REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Ralston Avenue and 33rd Street(District 17) PfiOPOSAL NO.34,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Evans REFERRED TO:Public Works Committee DIGEST: authorizes weight limit restrictions in the residential neighborhood encompassed by Waldamere and Mickley Avenues(District 22) PROPOSAL NO.35,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Gray REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls in the Falcon Lakes subdivision (District 8) PROPOSAL NO.36,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Evans REFERRED 70:Public Works Committee DIGEST: authorizes parking restrictions on Chelsea Road,between Lynhurst Drive and Dunlap Avenue(District 22) PROPOSAL NO.37,2018 (General Ordinance} INTRODUCED:01/29/2018 BY:Councillor Simpson REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Clifton Street and 36th Street(District 7) PROPOSAL NO.38,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Miller REFERRED TO:Public Works Committee DIGEST: authorizes a speed limit reduction in the Tibbs Avenue and Maywood Road area to 25 miles per hour(District 16) 5
  • 51.
    VIII. INTRODUCTION OFPROPOSALS PROPOSAL NO.39,2018 (General Ordinance) INTRODUCED:01/29/2018 BY:Councillor Kreider REFERRED TO:Public Works Committee QIGEST: authorizes a speed limit reduction in the Meridian Woods Village subdivision to 25 miles per hour(District 23) PROPOSAL NO.54,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Craig Von Deylen to the Metropolitan Board of Zoning Appeals, Division III PROPOSAL NO.55,2018 (Council Resolution) INTRODUCED:01/29/2018 BY:Councillors Osili and Jackson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Mark Young to the Metropolitan Board of Zoning Appeals, Division II IX. SPECIAL ORDERS-PRIORITY BUSINESS PROPOSAL NOS.45-48,2018 (Rezoning Ordinances) INTRODUCEQ:01/29/2018 BY:Councillor Jackson REFERRED TO:Committee of the Whole DIGEST: rezoning ordinances certified for APPROVAL by the Metropolitan Development Commission on January 19,2018 PROPOSAL NOS.49-53,2018 {Rezoning Ordinances) INTRODUCED:01/29/2018 BY:Councillor Jackson REFERRED TO:Committee of the Whole DIGEST: rezoning ordinances certified for APPROVAL by the Metropolitan Development Commission on January 19,2018 X. SPECIAL ORDERS ~ PUBLIC HEARING PROPOSAL NO.411,2017 {General Resolution) INTRODUCED:12/18/2017 BY:Councillors Simpson,Johnson,Lewis,Gray and Jackson REFERRED TO:Administration and Finance Committee DIGEST: authorizes the issuance of notes in an aggregate principal amount not to exceed $55,000,000 for the purpose of providing funds to be applied to the costs of site preparation, construction mobilization,and related engineering, planning,design and consulting in connection with a proposed community justice campus,and appropriating the proceeds thereof, states the Council's interest in making a purchase of land, ratifying the appointment of appraisers with respect to the purchase of land,states the need to lease certain property and waives the application of Revised Code Chapter 186 with respect to the purchased land and/or leased property COMMITTEE ACTION: 01/16/2018 Do Pass As Amended 8-0
  • 52.
    X. SPECIAL ORDERS-PUBLICHEARING PROPOSAL NO.412,2017 (Fiscal Ordinance) INTRODUCED:12118/2017 BY:Counciliors Ciay,Simpson,Oliver,Jackson,Scales,Coats, Kreider and Wesseler REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: approves an additional appropriation of$300,000 in the 2018 Budget of the Office of Public Health and Safety(Consolidated County General Fund)to cover the cost.of witness protection COMMITTEE ACTION: 01/17/2018 Do Pass 9-0 PROPOSAL NO.1,2018 (Fiscal Ordinance) INTRODUCED:01/08/2018 BY:Councillor Adamson REFERRED TO:Public Works Committee DIGEST: approves an additional appropriation of $13,000,OQO in the 2018 Budgetof the Department of Public Works(Motor Vehicle Highway Fund)for the design,construction and inspection of capital projects related to the Transportation and Capital Improvement Program (CIP) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 XI. SPECIAL ORDERS-UNFINISHED BUSINESS XII. SPECIAL ORDERS-FINAL ADOPTION PROPOSAL NO.413,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Adamson REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Spring and Walnut Streets(district 17) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 PROPOSAL NO.414,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Cordi REFERRED TO:Public Works Committee DIGEST: authorizes weight limit restrictions on Pasadena Street(District 18) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 PROPOSAL NO.415,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Cordi REFERRED TO:Public Works Committee DIGEST: authorizes a speed limit reduction to 25 miles per hour on Pasadena Street(District 18) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 PROPOSAL NO.416,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Johnson REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Julian Avenue and Irvington Avenue (District 12) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0
  • 53.
    XII. SPECIAL ORDERS-FINALADOPTION PROPOSAL NO.417,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Mowery REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Dill Court and Sycamore Run Drive(District 25) COMMITTEE AC710N: 01/18/2018 Do Pass7-0 PROPOSAL NO.418,2017 (General Ordinance) INTRODUCED:12/18/2017 BY:Councillor Fanning REFERRED TO:Public Works Committee DIGEST: authorizes intersection controls at Evanston Avenue and Burch Drive (District 2) COMMITTEE ACTION: 01/18/2018 Do Pass7-0 PROPOSAL NO.2,2018 (General Ordinance) INTRODUCED:01/08/2018 BY:Councillor Miller REFERRED TO:Public Works Committee DIGEST: approves weight limit restrictions on McCarty Street,from River Avenue to Harding Street(District 16) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 PROPOSAL NO.3,2018 (General Ordinance) INTRODUCED:01/08/2018 BY:Councillor Miller REFERRED TO:Public Works Committee DIGEST: authorizes parking restrictions on McCarty Streetfrom Warman Avenue to Reisner Street(District 16) COMMITTEE ACTION: 01/18/2018 Do Pass 7-0 XIII. SPECIAL SERVICE DISTRICT COUNCILS XIV. NEW BUSINESS XV. ANNOUNCEMENTS AND ADJOURNMENT The President The docketed agenda for this meeting of Council having been completed, the Chair will now entertain motionsfor adjournment. President's Designee Mr. President. The President The Chair recognizes Councillor McQuillen. The Councillor Mr. President, i have been asked to offer the following motion for adjournment: By Councillors Cordi, Kreider and Scales in memory of Stephen R.Nielsen. By Councillor Coats in memory of George E. Keller. By Councillor Johnson in memory of Paul Eugene Sparks,Katherine Eileen Hurrle,and Mary Esther Sisson. 8
  • 54.
    By Councillor McHenryin memory of Cindy Holmgren,Jennifer Neal, and Donald R. Roof. By Councillor Wesseler in memory of William Raymond Apple. By Councillor Cordi in memory of Shannon Sterling Thompson. By Councillor Pfisterer in memory of John Stark. ByCouncillor Scalesin memory ofShahparJohansen,Barbara Gilyeat,and Richard "Wick" McDonald. By Councillor Miller in memory of David Eugene Cox. Mr. President, I would like to move the adjournment of this meeting of the Indianapolis City-County Council in recognition of and respect for the life and contributions of those persons I have here specifically named. respectfully ask the support of fellow Councillors. I further request that the motion be made a part of the permanent records of this body and that a letter bearing the Councilseal and the signature ofthe President besentto the family of each person advising of this action. The President Thank you, Councillor McQuillen. Hearing no objections, the motion is received and the requests are so ordered. Hearing no further motions,we are adjourned. XVI. PENDING PROPOSALS PROPOSAL NO.203,2017 (Council Resolution) INTRODUCED:07/24/2017 BY:Councillors Robinson and Lewis REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Elizabeth Eglen to the Domestic Violence Fatality Review Team COMMITTEE ACTION: 08/09/2017 Postponed 10-0 PROPOSAL NO.213,2017 (General Ordinance) INTRODUCED:07/24/2017 BY:Councillors Fanning, Evans,Cordi and Miller REFERRED TO:Rules and Public Policy Committee DIGEST: amends the Code to expand nonsmoking areas within the consolidated city to include public parks owned or leased by the city or county COMMITTEE ACTION: 07/25/2017 Postpone until 9/19/20177-0 09/19/2017 Postpone until 10/24/20177-0 PROPOSAL NO.221,2017 (General Ordinance) INTRODUCED:08/14/2017 BY:Councillor Clay REFERRED TO:Rules and Public Policy Committee DIGEST: limits the duration of service on certain boards and commissions COMMITTEE ACTION. 09/19/2017 Postpone until 01/2018 7-0
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    XVI. PENDING PROPOSALS PROPOSALNO.242,2017 (Council Resolution) INTRODUCED:08/14/2017 BY:Councillors Evans and Lewis REFERRED TO:Metropolitan and Economic Development Committee DIGEST: appoints Allen Bridwell to the Citizens Advisory Committee for Decatur Township Comprehensive Plan COMMITTEE ACTION: 09/18/2017 Postpone until 10/2/2017 7-0 PROPOSAL NO.261,2017 (General Ordinance) INTRODUCED:09/11/2017 BY:Councillor Lewis REFERRED TO:Rules and Public Policy Committee DIGEST: amends the city ethics code to clarify that it does not generally apply to separate and independent municipal corporations COMMITTEE ACTION: 09/19/2017 Postpone until 10/24/2017 7-0 PROPOSAL NO.262,2017 (General Ordinance) INTRODUCED:09/11/2017 BY:Councillor Mowery REFERRED TO:Public Works Committee DIGEST: amends the Code to require the Board of Public Works and the Engineering Division of the Department of Public Works to notify City-County Councillors of timelines and updates to City public works projects within their respective districts COMM{TTEE ACTION: 09/28/2017 Postpone until 10/19/2017 7-0 10/19/2017 Postpone until 11/16/2017 8-0 11/16/2017 Tabled 8-0 PROPOSAL NO.348,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis REFERREp TO:Metropolitan and Economic Development Committee DIGEST: reappoints Cathi Gould to the Property Tax Assessment Board of Appeals COMMITTEE ACTION: 12/11/2017 Postpone until 1/22/2018 7-0 PROPOSAL NO.350,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints Adam Kirsch to the Metropolitan Development Commission PROPOSAL NO.351,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis REFERRED TO:Metropolitan and Economic Development Committee DfGEST: reappoints John Lewis to the Metropolitan Development Commission COMMITTEE ACTION: 12/11/2017 Postpone until 1/22/2018 7-0 PROPOSAL NO.352,2017 {Council Resolution) INTRODUCED:12/04/2017 BY:Councillors Osili and Lewis REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints William Selm to the Metropolitan Development Commission COMMITTEE ACTION: 12/11/2017 Postpone until 1/22/2018 7-0 10
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    XVI. PENDING PROPOSALS PROPOSALNO.353,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councilors Osili and McQuillen REFERRED TO:Metropolitan and Economic Development Committee DIGEST: reappoints John Scott Keller to the Indianapolis Housing Agency Board of Directors COMMITTEE ACTION: 12/11/2017 Postpone until 1/22/2018 7-0 PROPOSAL NO.356,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Adamson REFERRED TO:Metropolitan and Economic Development Committee DIGEST: appoints Paul Russell to the Woodruff Place Economic Improvement Board COMMITTEE ACTION: 12/11/2017 Postpone until 1/22/2018 7-0 PROPOSAL NO.373,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Robinson REFERRED TO:Public Safety and Criminal Justice Committee DIGEST: reappoints Kasey Banks to the Domestic Violence Fatality Review Team COMMITTEE ACTION: 12/06/2017 Postpone until 1/17/2018 7-0 01/17/2Q18 Postpone 8-0 PROPOSAL NO.395,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Johnson REFERRED TO:Rules and Public Policy Committee D(GEST: confirms the Mayor's appointment nomination of Anne Nobles to the City-County Ethics Commission PROPOSAL NO.396,2017 (Council Resolution) INTRODUCED:12/04/2017 BY:Councillor Lewis REFERREb TO:Rules and Public Policy Committee DIGEST: reappoints Barbara Howard to the Alcoholic Beverage Board of Marion County PROPOSAL NO.4,2018 (General Ordinance) INTRODUCED:01/08/2018 BY:Councillors Evans,Cordi and Kreider REFERRED TO:Metropolitan and Economic Development Committee DIGEST: amends the code to add Chapter 901 regarding hotels and places of public lodging 11
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    MINUTES OF THECITY-COUNTY COUNCIL AND SPECIAL SERVICE DISTRICT COUNCILS OF INDIANAPOLIS,MARION COUNTY,INDIANA REGULAR MEETINGS MONDAY,JANUARY 29,2018 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 ofthe City-County Building at7:00p.nn.on Monday, 7anuary 29,2018,with Councillor Clay presiding. Councillor Kreider recognized Danny Anderson,Senior Pastor ofEmmanuel Church,who led the opening prayex. Councillor Kreider then invited all present tojoin him in the Pledge ofAllegiance to the Flag. ROLL CALL The President instructed the Clerk to take the roll call and requested members to register their presence on the voting machine. The roll call was as follows: 23 PRESENT: Admnson, Clay, Coats, Cordi, Evuns, Fanning, Holliday, Johnson, Kreider, Lewis, Mascari,McHenry,McQuillen, Miller, Mowery, Oliver, Osili, Pfi.rterer, Ray,Robinson, Scales,Simpson, Wesseler 2ABSENT.• Gray, Jackson A quorum of23 members being present,the President called the meeting to order. INTRODUCTION OF GUESTS AND VISITORS Councillor McHenry recognized Superintendent of Wayne Township Schools,Dr. 7effrey Butts, and a fellow educator she worked with for several years, Linda Nicholson. Councillor Pfisterer recognized Pastors Tim Lindsey and Matt Barnes from the Statehouse, who have been gracious enough to lead a prayer caucus before every Council meeting. She invited anyone who isinterested to attend. OFFICIAL COMMUNICATIONS The President called for the reading of Official Communications. The Clerk read the following: EXHIBIT a 3
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    Journal ofthe Ciry-CountyCouncil TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OFTHE CITY OF INDIANAPOLIS AND MARION COUNTY,INDIANA Ladies And Gentlemen You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid Waste Collection Special Service District Councils will be held in the City-County Building, in the Council Chambers,on Monday,January 29,2018,at7:00 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/Stephen J. Clay President,City-County Council January 9,2018 TO PRESIDENT LEW{S AND MEMBERS OF 7HE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF TWE 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 & Commerclaf Recordand in the Indianapolis Staron Friday,January 12,2018 a copy of a Notice of Public Hearing on Proposal No.412,2017 and Proposal No.1,2018,said hearing to beheld on Monday,January 29, 2078 at 7:00 p.m.in the Public Assembly Room of the City-County Building. Respecttuily, slNaTrina DeBow Clerk of the Ciiy-County Council ADOPTION OF THE AGENDA The President proposed the adoption ofthe agenda as distributed. Councillor Simpson moved to add under New Business a motion to place the removal of the President of the Council on the agenda for the Council meeting scheduled for February 19,2018. Councillor Oliver seconded the motion. 12 YEAS: Adamson, Evans, Johnson, Lewis, Mascari, Miller, Oliver, Osili, .Ray, Robinson, Scales,Simpson 11 NAYS: Clay, Coats, Cordi, Fanning, Holliday, Kreider, McHenry, McQuillen, Mowery, Pfisterer, Wesseler 2ABSENT.• Gray, Jackson Councillor McQuillen asked for an explanation of this vote result. He said that he understood it takes 13 votes one way or the other in orderfor a motion to pass. Fred Biesecker,General Counsel, said that a motion on a procedural matter, which is what this is, only requires a majority of those present,not a majority ofthe full body. Councillor McQuillen said that he does not understand the need toremovethePresidentfrom office when there are no allegations or violations recognized. He said that according to Sec. 151-1121 of the Code,any allegations of violations on conduct ofa Councillor is to befiled with the Clerk and referred to the Ethics Committee. He moved to send this discussion and motion to the Ethics Committee. Councillor Coats seconded the motion. Councillor Adamson said that this is a motion to amend the agenda, and is not an ethical debate. There is nothing to send to committee at this tame.
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    Janumy 29,2018 Mr. Bieseckerstated that in 2013, Councillor McQuillen supported a motion made by then- Councillor Brian Mahern to do this very same thing,to set up a votefor a special order to remove the president. There was no similar objection made at that time. He said that the rule is very clear in Sec. 151-13 that no vote is to be made until a motion is made to place it on the agenda atleast a week before the next meeting. He said that there is nothing in this motion with regard to ethics or charges,butis simply a motion to follow procedure. Councillor McQuillen said that there were no ethical concerns voiced in 2013,and he is concerned that this motion is based on recent allegations in the media. Ifthat is the case,then this should be handled through the processofthe Ethics Committee. Notdoingso would violate due process,and he does not want to be a part of that. Mx.Biesecker said that a removal vote could not take place untilFebruary 19,2018,and astherehasnotbeen any ethicscomplaintfiled,thereis norequirement that anything be referred or heard by the Ethics Committee. The motion is simply to place a proposed motion under New Business this evening to make the removal ofthe President a Special Order atthe next meeting. Ifthis nnotion is adopted tonight under New Business,then the agenda ofthe February 19,2018 Counci]meeting would include a vote on that motion. At that point,the motion would notsimply be procedural,but would actually require 13 votesfor passage. Withoutfurther objection,the agenda was adopted as amended. APPROVAL OF THEJOURNAL The President called for additions or corrections to the Journals of January 8,2018. There being no additions or corrections,the minutes were appxoved as distributed. PRESENTATION OFPETITIONS,MEMORIALS,SPECIAL RESOLUTIONS,AND COUNCIL RESOLUTIONS PROPOSAL NO.5,2018. The proposal,sponsored by Councilloxs Pfisterer,Evans and McHenry, recognizes Kathryn Raasch as the 2017Indiana Association ofSchool Principals(IASP)Principal ofthe Year. Councillors Pfisterer,Evansand McHenryreadthe proposalandpresented Ms.Raasch with a copy of the document and a Council pin. Ms. Raasch thanked the Council for the recognition. Councillor Pfisterer moved,seconded by Councillor Evans,for adoption. Proposal No.5,2018 was adopted by a unanimous voice vote. Proposal No.5,2018 was retitled SPECIAL RESOLUTION NO.1,2018,and reads asfollows: PROPOSAL NO. 42, 2018. The proposal, sponsored by Councillors McHenry, Pfisterer and Evans, recognizes Patrick Big~erstaff as the Indiana Association for Careen and Technical Education Administrator ofthe Year. Councillors McHenry,Pfisterer and Evans read the proposal and presented Mr. Biggerstaff with a copy of the document and a Council pin. Mr. Biggerstaff thanked the Council for the recognition. Councillor McHenry moved, seconded by Councillor Pfisterer,for adoption. Proposal No.42,20l8 was adopted by a unanimous voice vote. Proposal No.42,2018 was retitled SPECIAL RESOLUTION NO.2,2018,and reads as follows: PROPOSAL NO. 43, 2018. The proposal, sponsored by Councillors Wesseler and Osili, recognizes The Belmont Lunch on their 100th Anniversary. Councillor Wesselerread the proposal and presented representatives with copies of the document and Council pixis. Becky Stamatkin,
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    Journal ofthe City-CountyCouncil The Belmont Lunch, thanked the Council for the recognition. Councillor Wesseler moved, seconded by Councillor Osili,for adoption. Proposa3 No.43,2018 was adopted by a unanimous voice vote. Proposal No.43,2018 was retitled SPECIAL RESOLUTION NO.3,2018,and reads asfollows: PROPOSAL NO.346,2017. Councillor Simpson reported that the Administration and Finance Committee heard Proposal No. 346, 2017 on January 16, 2018. The proposal, sponsored by Councillor Lewis,reappoints Leroy Robinson to the City-County Audit Committee. By an 8-0 vote,the Committee reported the proposal to the Council with the recommendation thatit do pass. Councillor Simpson moved,seconded by Councillor Adamson,for adoption. Proposal No. 346, 2017 was adopted on the following roll call vote; viz: 23 YEAS:Adarnson, Clay, Coats, Cordi, Evans, Fanning, Holliday, Johnson, Kreider, Lewis, Mascari,McHenry,McQuillen,Miller,Mowery,Oliver, Osili,Pfisterer,Ray,Robinson,Scales, Simpson, Wesseler 0NAYS: 2ABSENT.• Gray,Jackson Proposal No.346,2017 wasretitled COUNCIL RESOLUTION NO.1,2018,and reads asfollows: Councillor Evans reported that the Public Safety and Criminal Justice heard Proposal Nos. 366, 369,372,374,376 and 377,2017 on January 17,2018. He asked fox consent to vote on these proposals together. Consent was given. PRC?POSAL NO. 366, 2017. The proposal, sponsored by Councillors Lewis and Robinson, reappoints Brian Tuohy to the Marion County Public Defender Board. PROPOSAL NO. 369, 2017. The proposal,sponsored by Councillors Robinson and Lewis,reappoints Jennifer Norton to the Citizens Police Complaint Board. PROPOSAL NO.372,201.7. The proposal,sponsored by Councillors Lewis and Robinson,reappoints Johnie Underwood to the Reuben EngagementCenter Board. PROPOSAL NO.374,2017. The proposal,sponsored by Councillor Robinson,reappoints Caroline Fisher to the Domestic Violence Fatality Review Team. PROPOSAL NO.376,2017. The proposal, sponsored by Councillor Robinson, reappoints K. Sue Leonard to the Domestic Violence Fatality Review Team. PROPOSAL NO. 377, 2017. The proposal, sponsored by Councillor Robinson,reappoints Kelly McBride to the Domestic Violence Fatality Review Team. By 8-0 votes,the Committee reported the proposals to the Council with the recommendation that they do pass. Councillor Evans moved,seconded by Councillor Adamson,fox adoption. Proposal Nos.366,369,372,374,376 and 377,2017 were adopted on thefollowing roll call vote; viz: 23 YEAS.• Adamson, Clay, Coats, Cordi, Evuns, Fanning, Holliday, Johnson, Kreider, Lewis, Mascari,McFlenry,McQuillen,Miller, Mowery,Oliver, Osili, P~sterer, Ray,Robinson,Scales, Simpson, Wesseler 0NAYS: 2ABSENT:Gray, Jackson Proposal No.366,2017 was retitled COUNCIL RESOLUTION NO.2,2018,and reads asfollows: Proposal No.369,2017 was retitled COUNCIL RESOLUTION NO.3,2018,and reads asfollows:
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    ~a,tua,yz9,ao~s Proposal No.372,2017 wasretitledCOUNCIL RESOLUTION NO.4,2018,and reads asfollows: Proposal No.374,2017 wasretitled COUNCIL RESOLUTION NO.S,2018,and reads asfollows: Proposal No.376,2017 was retitled COUNCILRESOLITTION NO.62018,and reads asfollows: Proposal No.377,2017 wasretitled COUNCILRESOLUTION NO.7,2018,and reads asfollows: INTRODUCTION OFPROPOSALS PROPOSAL NO. I3, 2018. Introduced by Councillor Simpson. The Clerk read the proposal entitled: "A Proposalfor a Council Resolution which approves the Mayor's appointment ofJohn C.Kxause as hearing officerto preside overthe administrative adjudication ofparking citations and environmental violations"; and the President referred it to the Administration and Finance Committee. PROPOSAL NO. 14, 2018. Introduced by Councillor Simpson. The Clerk read the proposal entitled: "A Proposal for a Special Resolution which determines the need to lease space in the Lawrence Fire Department fire station at 7620 Oaklandon Road for use by the Indianapolis Fire Department";and the Presidentrefereed it to the Administration and Finance Committee. PROPOSAL NO.15,2018.Introduced by Councillors Osili,Adamson and Miller. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints James T.Kienle to the Indianapolis Historic Preservation Commission"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO.]6, 20I8. Introduced by Councillors Jackson and Lewis. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Russell Brown to the Ft. Benjamin Harrison Reuse Authority"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 17,20l8.Introduced by Councillors Fanning and 7aekson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints Clara Glaspie to the Indianapolis Housing Agency Board ofDirectors";and the Presidentreferred it to the Metropolitan and Economic Development Connmittee. PROPOSAL NO. 18, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Roderick Bohannan to the Metropolitan Board of Zoning Appeals, Division I"; and the President referred it to the Metropolitan and Economic Development Committee. PRQPOSAI. NO. l9, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Mary Kelley to the Metropolitan Board of Zoning Appeals, Division II"; and the President referred it to the Metropolitan and Economic Development Committee. 9
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    Journal ofthe Ciry-CountyCouncil PROPOSAL NO. 20, 2018. Introduced by Councillor Jackson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Kim Boyd to the Metropolitan Board of Zoning Appeals, Division III"; and the President referred it to the Metropolitan and Economic DevelopmentCommittee. PROPOSAL NO.21,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which appoints David Greene, Sr. to the Metropolitan Development Commission"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 22, 2018. Introduced by Councillor 7ackson. The Clerk read the proposal entitled: "A Proposalfor a Council Resolution which reappoints Anthony Bridgeman to the Board of Business and Neighborhood Services"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 23, 2018. Introduced by Councillor Adamson. The Clerk read the proposal entitled: "A Proposalfox a General Resolution which 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 ofreal property and to add the rehabilitation and equipping of the vacant Ford Motor Company assembly plant and the reuse for residential apartments, office space,retailspace and on-site public and private parking to the original plan for the redevelopment area"; and the President referred it to the Metropolitan and Economic Development Connmittee. PROPOSALNO.24,201$.Introduced by Councillor Oliver. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Joseph Wynns to the Board ofParks and Recreation";and the President referred it to the Parks and Recreation Committee. PROPOSALNO.25,2018.Introduced by CouncillorsOliver and Ray. The Clerkread the proposal entitled: "A Proposal for a General Resolution which approves a request of the Department of Parks and Recreation to purchase certain real estate owned by the estate ofYvonneP.Hartsock for a parks project at 2609 Senour Road"; and the President referred it to the Parks and Recreation Committee. PROPOSAL NO. 26, 2018. Introduced by Councillor Robinson. The Clerk read the pzoposal entitled: "A Proposal for a Council Resolution which reconfirms the Marion County Public Defender Board's nomination ofRobert J. Hill as the Chief Marion County Public Defender";and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO. 27, 2018. Introduced by Councillors Evans and Clay. The Clerk read the proposal entitled: "A Proposal for a Counci]Resolution which reappoints Re~~ee Turner-Pack to the Board of Public Health and Safety"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO.28,2018.Introduced by Councillor Clay. The Clerk react the proposal entitled: "A Proposal fox a Council Resolution which appoints Jill Johnson to the Marion County Community Corrections Advisory Board"; and the President refereed it to the Public Safety and Criminal Justice Committee. PROPOSAL NO.29,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which amends the membership ofthe community corrections x[17
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    Janunry 29,2018 advisory boardto conform to House Enrolled Act(HEA)1218,2017"; and the President referred it to the Public Safety and Criminal Justice Committee. PROPOSAL NO.30,2018.Introduced by Councillor Clay. The Clerk read the proposal entitled: "A Proposal for a General Resolution which approves an amendment to the 2015 Restated Marion County Sheriff's DepartmentPersonnel RetirementPlan";and thePresidentreferred itto thePublic Safety and Crzminal Justice Committee. PROPOSAL NO.31,2018.Introduced by Councillor Gray. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Henry Williams to the Board of Public Works";and the President referred it to the Public Works Committee. PROPOSAL NO.32,2018.Introduced by Councillor Gray. The Clerk read the proposal entitled: "AProposalfor a General Resolution which approves a requestofthe DepartmentofPublic Works to purchase certain real estate owned by Butler University for the departnnent's Little Eagle Creek LeveeSegmentrehabilitation project";and thePresidentreferreditto thePublic WorksCommittee. PROPOSAL NO. 33, 2018. Introduced by Councillor Adamson. The Clerk xead the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Ralston Avenue and 33rd Street(District l7)";and thePresidentreferred itto thePublic Works Coz~nmittee. PROPOSAL NO.34,2018.Introduced by Councillor Evans. The Clerk read the proposal entitled: "A Proposal for a Genera) Ordinance which authorizes weight limit restrictions in the residential neighborhood encompassed by Waldamere and Mickley Avenues(District 22)"; and the President referred it to the Public Works Committee. PROPOSAL NO.35,2018.Introduced by Councillor Gray. The Clexk read the pxoposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls in the Falcon Lakes subdivision(District 8)"; and the President referred it to the Public Works Committee. PROPOSAL NO.36,2018.Introduced by Councillor Evans. The Clerkread the proposal entitled: "A Proposal for a General Ordinance which authorizes parking restrictions on Chelsea Road, between Lynhurst Drive and Dunlap Avenue (District 22)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 37, 2018. Introduced by Councillor Simpson. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes intersection controls at Clifton Street and 35th Street(District 7)"; and the President referred it to the Public Works Corrunittee. PROPOSAL NO.38,20l8.Introduced by Councillor Miller. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction in the Tibbs Avenue and Maywood Road area to 25 miles per hour (District 16)"; and the President referred it to the Public Works Committee. PROPOSAL NO. 39, 2018. Introduced by Councillor Kreider. The Clerk read the proposal entitled: "A Proposal for a General Ordinance which authorizes a speed limit reduction in the Meridian Woods Village subdivision to 25 miles per hour(District 23)";and the President referred it to the Public Works Committee. PROPOSAL NO. 54, 20]8. Introduced by Councillors Osili and Jackson. The Clerk read the proposal entitled: "A Proposal for- a Council Resolution which reappoints Craig Von Deylen to the
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    Journal ofthe Ciry-CountyCouncil Metropolitan Board of Zoning Appeals, Division III"; and the President referred it to the Metropolitan and Economic Development Committee. PROPOSAL NO. 55, 2018. Introduced by Councillors Osili and Jackson. The Clerk read the proposal entitled: "A Proposal for a Council Resolution which reappoints Mark Young to the Metropolitan Board of Zoning Appeals, Division II"; and the President referred it to the Metropolitan and Economic Development Committee. SPECIAL ORDERS-PRIORITY BUSINESS PROPOSAL NOS.45-48,2018 and PROPOSAT.,NOS.49-53,2018. Introduced by Councillor 7ackson. Proposal Nos. 45-48,2018 and Proposal Nos.49-53,2018 are proposals for Rezoning Ordinances certified for approval by the Metropolitan Development Corrunission on January 19, 2018. The President called for any nnotions for public hearings on any of those zoning maps changes. There being no motions for public hearings,the proposed ordinances,pursuant toIC 36- 7-4-608, took effect as if adopted by the City-County Council, were retitled for identification as REZONING ORDINANCE NOS.8-16,the original copies of which ordinances axe on file with the Metropolitan Development Commission,which wexe certified asfollows: REZONING ORDINANCE NO.8,2018. 2017-ZON-077 4501 EAST MICHIGAN STREET(APPROXIMATE ADDRESS) CENTER TOWNSHIP,COUNCIL DISTRICT#12 JACT{IE NOWLAND,by David Kingen and Justin Kingen Rezoning of0.15 acrefrom the D-5 district to the MU-2district. REZONING ORDINANCE NO.9,2018. 2017-ZON-080 818 NORTH ORIENTAL AVENUE(APPROXIMATE ADDRESS) CENTER TOWNSHIP,COUNCIL DISTRICT#17 THE COMPENDTL7M GROUP,LLC,by Jason Wolfe Rezoning ofO.U8 acrefrom the I-3 district to the D-8 classificakion. REZONING ORDINANCE NO.l0,2018. 2017-7.ON-085 1]756 and 11762 VERDIN STREET(APPROXIMATE ADDRESS) LAWRENCE TOWNSHIP,COI7NCIL DISTRICT#5 OAKLAND LODGE 140,by Brian Millard and Brim Hooten Rezoning of0.24 acre from the C3 District to the SU-34 classification to provide for die construction of a new lodge building. REZONING ORDINANCE NO.11,2Q18. 2017-CZN-845 777 BATES STREET(Approximate Address) CEN'T'ER TOWNSI-IiP,CD #16 ONYX AND EAST,by Michae]Rabinowitch Rezoning of0.99 acrefrom the I-4(RC)district to theD-P(RC)classification to providefor36for-sale townhomes, at a density of36.4 units per acre. REZONING ORDINANCH NO.12,20]8. 2017-LON-073 3337 AND 3347 WEST' 10TH STREET AND 3332, 3334, 3342 AND 3348 V✓E5T NINTT,-1 S7'R~LT (APPROXIMATE ADDRESSES) WAYNE TOWNSHIP,CD#11 REDEEMED C~~RISTIAN CHURCH OF GOD,by Khaleel Ifamimikomi Rezoning of 1.1 acres from the C-3(W-5)and D-5(W-5)disficts to the SU-1 classification. REZONING OKDTNANCE NO.]3,2018 l2