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City Council

Regular Meeting

Georgetown, KY · July 8, 2019

AgendaMinutes

Agenda

City Council Members City Council Members Polly Singer Eardley Mark Showalter David Lusby Todd Stone Tammy Lusby Mitchell Connie Tackett Karen Tingle-Sames Marvin Thompson Tom Prather, Mayor Georgetown City Council Meeting July 8, 2019 6:00 pm AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Receipt of Check Register 5. Public Comments 6. Mayor’s Comments 7. GMWSS a) Second Reading of Rate Ordinance – Sponsors Mark Showalter and Connie Tackett b) Fiscal Year 2019-2020 Budget 8. City Attorney a) First Reading of E. Main Extended Zone Change Ordinance – Sponsors Todd Stone and Marvin Thompson b) First Reading of E. Main Extended Annexation Ordinance – Sponsors Todd Stone and Marvin Thompson c) First Reading of Unmanned Aircraft Systems Ordinance – Sponsors Polly Singer Eardley and David Lusby d) First Reading of Amendment to the Smoking Ordinance – Sponsors Karen Tingle Sames and Todd Stone e) Municipal Order Approving an Easement on Finley Drive f) First Reading of Zoning Ordinance-Sponsor Connie Tackett 9. Council Comments 10. Adjourn 100 North Court Street • Georgetown, KY 40324 • (502) 863-9800 • Fax (502) 863-9810 EOE Georgetown City Council Meeting Minutes of 06/24/2019 Page 1 of 2 Georgetown City Council Meeting June 24, 2019 6:00 pm The meeting of the Georgetown City Council was called to order by Mayor Prather. All members being present, Councilmember Thompson led the pledge after a moment of silence. 1. Minutes A motion was made by Councilmember Singer Eardley and seconded by Councilmember Thompson to approve the minutes from the City Council meeting June 10, 2019. The motion was unanimously approved. 2. Acknowledgement Receipt of Check Register Mayor Prather requested that council acknowledge receipt of the check register. Council members all acknowledged such receipt. 3. Public Comments In support of ovarian cancer awareness month, a motion was made by Councilmember Singer Eardley and seconded by Councilmember Lusby to hang teal ribbons on lamp posts during the month of September. The motion was unanimously approved. 4. Parks and Recreation a) A motion to approve the purchase of a John Deer Tractor, Ford F150 truck, and a maintenance vehicle for Parks and Recreation was made by Councilmember Stone and seconded by Councilmember Thompson. The motion was unanimously approved. 5. GMWSS a) Approval of purchase order to Bluegrass Engineering in the amount of $111,164.28. A motion for approval was made by Councilmember Lusby and seconded by Councilmember Tingle-Sames. The motion was unanimously approved. b) Approval of purchase orders to GRW in the amounts of $14,900.00, $16,883.00, and $37,250.00. A motion for approval was made by Councilmember Thompson and seconded by Councilmember Stone. The motion was unanimously approved. c) Approval of purchase order to Palmer Engineering in the amount of $24,211.42. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Singer Eardley. The motion was unanimously approved. d) First reading of rate ordinance. Georgetown City Council Meeting Minutes of 06/24/2019 Page 2 of 2 6. City Engineer a) Resolution approving application for a BUILD grant. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Thompson. The motion was unanimously approved b) Municipal Order approving asphalt and stone material supply contract. A motion for approval was made by Councilmember Tingle-Sames and seconded by Councilmember Tackett. The motion was unanimously approved. c) Municipal Order approving asphalt construction contract. A motion for approval was made by Councilmember Tingle-Sames and seconded by Councilmember Tackett. The motion was unanimously approved. d) Municipal Order approving concrete construction contract. A motion for approval was made by Councilmember Tingle-Sames and seconded by Councilmember Tackett. The motion was unanimously approved. e) Municipal Order approving pavement markings contract. A motion for approval was made by Councilmember Tingle-Sames and seconded by Councilmember Tackett. The motion was unanimously approved. 7. Finance a) Second reading of budget ordinance. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Lusby. A roll call vote passed 8-0. b) Municipal Order approving fund balance assignments. A motion for approval was made by Councilmember Thompson and seconded by Councilmember Showalter. The motion was unanimously approved 8. Fire Department Municipal Order approving contract extension for physicals. A motion for approval was made by Councilmember Singer Eardley and seconded by Councilmember Lusby Mitchell. The motion was unanimously approved. There being no further business Mayor Prather adjourned the meeting. APPROVED ______________________________ Tom Prather, Mayor ATTESTED BY: _________________________________ Tracie Hoffman, City Clerk-Treasurer *HRUJHWRZQ&LW\RI &KHFN5HSRUWE\&KHFN1XPEHU %DQNV$OO &KHFN'DWHVWR 3D\PHQW0HWKRG&KHFNV$&+()7 $V2I&KHFN&DVKHG'DWHWR 9HQGRUV7+3/$1WR=80:$/7% ,QFOXGH9RLGV1R &KHFNV$OO &KHFN6WDWXV&DVKHG$QG2XWVWDQGLQJ &KHFN1XPEHU &KHFN'DWH 9HQGRU&RGH 9HQGRU1DPH &KHFN7\SH &KHFN6WDWXV &DVKHG'DWH 9RLG$PRXQW $PRXQW %DQN&&(175$/%$1. 75867   /80%(5 /80%(5 &KHFN 2XWVWDQGLQJ     )/((7 )/((7$1'),5((48,3 &KHFN 2XWVWDQGLQJ     $=72:,1* $ =72:,1* 5(&29(5,1* &KHFN 2XWVWDQGLQJ     $'76(&85 $'76(&85,7<6(59,&(6 &KHFN 2XWVWDQGLQJ     $)/$& $)/$& &KHFN 2XWVWDQGLQJ     $//(5& $//(5&//& &KHFN 2XWVWDQGLQJ     $//<($5 $//<($55281'287'2256(59,&(6 &KHFN 2XWVWDQGLQJ     $0(5,&$1),'(/,7 $0(5,&$1),'(/,7<$6685$1&(&203 &KHFN 2XWVWDQGLQJ     6&277*52 $PHULFDQ:HOGLQJDQG*DV &KHFN 2XWVWDQGLQJ     $0.6(59,&(6 $0.6(59,&(6//& &KHFN 2XWVWDQGLQJ     $5$0$5.8 $5$0$5.81,)2506(59,&( &KHFN 2XWVWDQGLQJ     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)25781(&2//,6,21 &KHFN 2XWVWDQGLQJ     *$//6 *$//6//& &KHFN 2XWVWDQGLQJ     *7&+$0%( *(2&+$0%(52)&200(5&( &KHFN 2XWVWDQGLQJ     *7081:$7 *7081,&,3$/:$7(5 6(: &KHFN 2XWVWDQGLQJ     +,*+%5,' +,*+%5,'*(635,1*:$7(5 &KHFN 2XWVWDQGLQJ     .<$0:$7( .<$0(5,&$1:$7(5&203$1< &KHFN 2XWVWDQGLQJ     621,752/ 621,752/2)/(;,1*721 &KHFN 2XWVWDQGLQJ     63(&7580( 63(&7580(17(535,6( &KHFN 2XWVWDQGLQJ     '29(5(/( 7+<66(1.5833(/(9$725 &KHFN 2XWVWDQGLQJ     86%$1.(48,3 86%$1.(48,30(17 &KHFN 2XWVWDQGLQJ     8675($68 8675($685< &KHFN 2XWVWDQGLQJ     9(5,=21: 9(5,=21:,5(/(66 &KHFN 2XWVWDQGLQJ   &&(175$/%$1. 758677RWDO   *UDQG7RWDO   30 3DJHRI 9 ORDINANCE 19 - ___ AN ORDINANCE AMENDING GEORGETOWN CODE OF ORDINANCES CHAPTER 19, ARTICLE III REGARDING SEWER AND WATER RATES. Sponsor: Council Members Mark Showalter and Connie Tackett NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GEORGETOWN, KENTUCKY: SECTION ONE Chapter 19, Article III, section 19-134 of the Code of Ordinances is amended as follows: Sec. 19-134. Schedule of sewer rates. The following schedule of sewer rates shall apply to each and all users of the [sewer treatment system] wastewater collection and treatment system. Sewer Rate Schedule [Rates Effective November 15, 2007 Water Usage per Month Monthly Charge First 2,000 Gallons $7.82 (Minimum Monthly Bill) All Over 2,000 Gallons $5.58 (per 1,000 Gallons)] Rates Effective August 1, 2019 – June 30, 2020 Water Usage per Month Monthly Charge First 2,000 Gallons $10.06 (Minimum Monthly Bill) All Over 2,000 Gallons $0.0067 (per 1 Gallon) Rates Effective July 1, 2020 – June 30, 2021 Water Usage per Month Monthly Charge First 2,000 Gallons $11.02 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00718 (per 1 Gallon) 1 Rates Effective July 1, 2021 – June 30, 2022 Water Usage per Month Monthly Charge First 2,000 Gallons $11.74 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00754 (per 1 Gallon) Rates Effective July 1, 2022 – June 30, 2023 Water Usage per Month Monthly Charge First 2,000 Gallons $12.42 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00788 (per 1 Gallon) Rates Effective July 1, 2023 Water Usage per Month Monthly Charge First 2,000 Gallons $13.13 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00823 (per 1 Gallon) All charges shall be rounded to the nearest one cent. Rate changes occurring in the middle of a billing cycle shall be effective at the beginning of the next billing cycle. For residential, commercial, and industrial users, monthly sewer user charge will be based on actual water usage. If a residential commercial, industrial user has a consumptive use of water, or, in some other manner, uses water which is not discharged into the wastewater collection system, the sewer user charge for that user may be based on readings from a wastewater meter(s) or separate water meter(s) installed and maintained at the user's expense and approved by GMWSS. [Sewer users whose wastewater concentration is greater than two hundred twenty-five (225)mg/L BOD or two hundred twenty-five (225) mg/L TSS or thirty (30) mg/L ammonia-N or four hundred (400) mg/L COD shall pay a waste concentration surcharge in addition to the normal sewer user charge. The following surcharge rates shall apply to each user of the sewage works that has received permission from the wastewater superintendent to contribute excessive strength sewage. Surcharge Rates 2 BOD $ 0.15 per pound of excess load TSS $ 0.15 per pound of excess load Ammonia-N $ 0.69 per pound of excess load COD $ 0.15 per pound of excess load The wastewater superintendent shall select either the COD or BOD concentration which shall be used at his option. No reduction in sewage user charges or sewer surcharges shall be permitted because of the fact that certain wastes discharged to the sewage works contain less than two hundred twenty- five (225) mg/L of BOD, two hundred twenty-five (225) mg/L of TSS, thirty (30) mg/L of Ammonia-N or four hundred (400) mg/L COD.] Sewer connection fees shall be one thousand five hundred dollars ($1,500.00) per residential unit. Commercial and industrial sewer connection fees shall be based on the number of equivalent residential units (ERU's) based upon four thousand five hundred (4,500) gallons per month average usage per residential unit. The sewer connection fee per ERU shall be one thousand five hundred dollars ($1,500.00). SECTION TWO Chapter 19, Article III, section 19-206 of the Code of Ordinances is amended as follows: Sec. 19-206. Determination of rates. (a) The rates for the use of water shall be fixed from time to time by the [board of water and sanitary sewer commissioners]GMWSS Board of Commissioners, subject to the approval of the council, and the [board of water and sanitary sewer commissioners] Board of Commissioners shall provide rules for the management and operation of the water and sanitary sewer system and the collection of all bills and water and sanitary sewer charges. (b) The monthly rates and charges for water service to each customer shall be as set forth in the following schedule: [Rates Effective November 15, 2007 Water Usage per Month Monthly Charge First 2,000 Gallons $8.54 (minimum monthly bill) 3 All Over 2,000 Gallons $4.80 (per 1,000 Gallons)] Rates Effective August 1, 2019 – June 30, 2020 Water Usage per Month Monthly Charge First 2,000 Gallons $10.94 (Minimum Monthly Bill) All Over 2,000 Gallons $0.006 (per 1 Gallon) Rates Effective July 1, 2020 – June 30, 2021 Water Usage per Month Monthly Charge First 2,000 Gallons $11.77 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00641 (per 1 Gallon) Rates Effective July 1, 2021 – June 30, 2022 Water Usage per Month Monthly Charge First 2,000 Gallons $12.63 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00685 (per 1 Gallon) Rates Effective July 1, 2022 – June 30, 2023 Water Usage per Month Monthly Charge First 2,000 Gallons $13.49 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00728 (per 1 Gallon) Rates Effective July 1, 2023 Water Usage per Month Monthly Charge First 2,000 Gallons $14.38 (Minimum Monthly Bill) All Over 2,000 Gallons $0.00772 (per 1 Gallon) All charges shall be rounded to the nearest one cent. Rate changes occurring in the middle of a billing cycle shall be effective at the beginning of the next billing cycle. (c) Water connection fees shall be as follows except when the cost of making a connection exceeds the connection fee. The customer shall be billed for the additional cost. 4 3/4" x 5/8" $1,500 1" $2,100 2" $4,350 3" $16,500 4" $21,000 SECTION THREE If any section, subsection, paragraph, sentence, clause, phrase, or a portion of this ordinance is declared illegal or unconstitutional or otherwise invalid, such declaration shall not affect the remaining portions hereof. SECTION FOUR All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION FIVE This Ordinance shall be in full force and effect upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: June 24, 2019 PUBLICLY READ SECOND TIME AND PASSED: ______________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk 5 CITY OF GEORGETOWN ORDINANCE NO. 2019-_________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY CONTAINING A TOTAL OF 23.16 ACRES LOCATED AT OR AROUND THE INTERSECTION OF MCCLELLAND CIRCLE AND THE US HIGHWAY 62 BYPASS IN GEORGETOWN, SCOTT COUNTY, KENTUCKY FROM A-1 to C-1 AND B-5 AND B-2 TO C-1. SUMMARY 1. Rezoning 23.16 acres located at 944 East Main Street Extended, Georgetown, Kentucky, from A-1 (Agricultural) to C-1 (Conservation) for 9.88 acres and A-1 (Agricultural) to B-5 (Commercial) for 12.45 acres and A-1 (Agricultural) to B-5 (Commercial) for 0.46 acres and B-2 (Commercial) to C-1 (Conservation) for 0.37 acres. 2. Provides for an effective date upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ________________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk I, Devon Elise Golden, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 100 North Court Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 2019-____ of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9), and is a true and accurate summary of the contents of said Ordinance. Devon Elise Golden CITY OF GEORGETOWN ORDINANCE NO. 19-_________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY CONTAINING A TOTAL OF 23.16 ACRES LOCATED AT OR AROUND THE INTERSECTION OF MCCLELLAND CIRCLE AND THE US HIGHWAY 62 BYPASS IN GEORGETOWN, SCOTT COUNTY, KENTUCKY FROM A-1 TO C-1 AND B-5 AND B-2 TO C-1. SPONSORS: Todd Stone and Marvin Thompson WHEREAS, the application of the Drake Family Trust whose address is 11211 N 44th Ct., Phoenix, AZ 85028 and the Kathryn Drake DiTardi Living Trust whose address is 6830 N Lexington Lane, Niles, IL, 60714 (“Grantors”), having been filed with the Georgetown-Scott County Planning Commission requesting a zoning classification change of certain real property consisting of 23.16 acres located at 944 East Main Street Extended in the City of Georgetown, Scott County, Kentucky as more particularly described in Exhibit A attached hereto and incorporated by reference herein, from A-1 (Agricultural) to C-1 (Conservation) for 9.88 acres, A-1 (Agricultural) to B-5 (Commercial) for 12.45 acres, B-2 (Commercial) to C-1 (Conservation) for 0.37 acres and A-1 (Agricultural) to B- 5 (Commercial) for 0.46 acres; and WHEREAS, the matter having been heard publicly by the Planning Commission on the 11th day of April, 2019, pursuant to notice according to law and with a quorum present and voting; and WHEREAS, after taking testimony on the application and fully considering same, the Planning Commission voted to make certain findings of fact and to recommend approval of the application to the Georgetown City Council; and NOW, THEREFORE, be it ordained by the City of Georgetown, Kentucky: SECTION ONE That the Findings of Fact and Recommendations of the Planning Commission are hereby adopted and incorporated herein as if fully copied at length. SECTION TWO That the Georgetown-Scott County official zoning map is hereby amended to show a change in the zoning classification for certain real property consisting of 23.16 acres located at 944 East Main Street Extended in the City of Georgetown, Scott County, Kentucky as more particularly described in Exhibit A attached hereto and incorporated by reference herein, from A-1 (Agricultural) to C-1 (Conservation) for 9.88 acres, A-1 (Agricultural) to B-5 (Commercial) for 12.45 acres, B-2 (Commercial) to C-1 (Conservation) for 0.37 acres and A-1 (Agricultural) to B-5 (Commercial) for 0.46 acres. Such amendment is hereby made expressly contingent upon and effective only after the passage and effectiveness of the Ordinance annexing of the Property into the city limits of the City of Georgetown. SECTION THREE That the Georgetown-Scott County Planning Commission is hereby directed to show these zoning classification changes on the official zoning map and to make reference to the number of this Ordinance. SECTION FOUR If any portion of this Ordinance is for any reason held invalid or unlawful such portion shall be deemed a separate provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION FIVE All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION SIX This Ordinance shall be in full force and effect upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ________________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: ____________________________________ Tracie Hoffman, City Clerk 2 CITY OF GEORGETOWN ORDINANCE NO. 2019-______ AN ORDINANCE ANNEXING INTO THE CITY OF GEORGETOWN CERTAIN REAL PROPERTY CONTAINING 22.79 ACRES LOCATED AT 944 EAST MAIN STREET EXTENDED IN SCOTT COUNTY, KENTUCKY. SUMMARY 1. Annexes into Georgetown city limits, by written consent of the property owners in accordance with KRS 81A.412, 22.79 acres of property on located at 944 East Main Street Extended in Scott County, Kentucky. 2. Provides for an effective date upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ______________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk I, Devon Elise Golden, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 100 North Court Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 2019-____ of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9), and is a true and accurate summary of the contents of said Ordinance. Devon Elise Golden CITY OF GEORGETOWN ORDINANCE NO. 19-_________ AN ORDINANCE ANNEXING INTO THE CITY OF GEORGETOWN CERTAIN REAL PROPERTY CONTAINING 22.79 ACRES LOCATED AT 944 EAST MAIN STREET EXTENDED IN SCOTT COUNTY, KENTUCKY. SPONSORS: Todd Stone and Marvin Thompson WHEREAS, the Drake Family Trust whose address is 11211 N 44th Ct., Phoenix, AZ 85028 and the Kathryn Drake DiTardi Living Trust whose address is 6830 N Lexington Lane, Niles, IL 60714 (“Grantors”), the property owners of record of the tract of land to be annexed, have given prior written consent to the annexation of the Property; and WHEREAS, the Property is contiguous to the existing city limits of the City of Georgetown and is urban in character and suitable for development for urban purposes without unreasonable delay; NOW, THEREFORE, Be it ordained by the City of Georgetown, Kentucky: SECTION ONE Pursuant to KRS 81A.412, the Georgetown City Council hereby annexes the following unincorporated area of Scott County into the City limits of the City of Georgetown: A tract of land located in Georgetown, Kentucky, on the north side of East Main Street approximately 500 feet west of McClelland Circle, and more particularly described as follows. Beginning at a point in the west right-of-way line of McClelland Circle and the center of North Elkhorn Creek, approximately 2300 feet north of East Main Street, and corner of Deerfield Company Inc. annexed by Ordinance #74-1116 and existing city boundary; thence with existing city boundary and the center of North Elkhorn Creek and properties of Deerfield Company, ML Georgetown Paris LLC, and Padco Properties LLC for eight calls S62°17’42”W 90.11 feet; thence S46°22’16”W 79.33 feet; thence S46°19’32”W 9.97 feet; thence S50°55’34”W 67.23 feet; thence S24°10’30”W 265.72 feet; thence S42°53’00”W 100.97 feet; thence S57°21’25”W 164.94 feet; thence N62°30’46”W 63.66 feet to corner of Hamilton Hinkle & Ruth annexed by Ordinance #99-048; thence with line of same, and city boundary S17°42’43”W 332.47 feet to private lane; thence with line of Nally & Gibson Geo Inc annexed by Ordinance #99-048, and city boundary S09°14’06”W 34.90 feet and corner of Bell South Communications annexed by Ordinance #99-036, and city boundary; thence with line of same for seven calls S35°47’12”E 49.38 feet; thence S17°05’39”E 16.98 feet; thence S01°09’43”W 202.19 feet; thence S06°12’08”W 115.01 feet; thence S10°57’32”W 35.58 feet; thence S18°06’48”W 210.81 feet; thence S07°18’35”W 18.71 feet to the north side of East Main Street; thence with same (not city boundary) for four calls S52°55’50”E 114.86 feet; thence S58°00’03”E 372.36 feet; thence S57°07’34”E 69.77 feet; and S63°16’38”E 411.81 feet to the southwest corner of a portion of the Drake & Ditardi Partnership tract previously annexed by Ordinance #08-007, and city boundary; thence with city boundary for five calls N26°53’02”E 209.59 feet; thence N32°52’00”W 355.31 feet; thence N04°08’19”W 360.34 feet; thence N16°48’45”W 487.93 feet; thence N72°35’18”E 355.11 feet to the west right-of-way line of McClelland Circle; thence with the same for two calls N16°47’53”W 400.84 feet; thence N17°12’56”W 196.23 feet to the point of beginning. Containing 22.79 acres, more or less. SECTION TWO If any section, subsection, sentence, clause or phrase of this ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portions of this ordinance. SECTION THREE All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION FOUR This ordinance shall take effect after its passage and publication according to law. ______________________________________________________________________________ PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: __________________ APPROVED: ________________________________ Tom Prather, Mayor ATTEST: ________________________________ Tracie Hoffman, City Clerk CITY OF GEORGETOWN ORDINANCE NO. 2019-______ AN ORDINANCE CREATING A NEW ARTICLE OF GEORGETOWN CODE OF ORDINANCES CHAPTER 10, REGARDING USE OF UNMANNED AIRCRAFT SYSTEMS WITHIN THE CITY OF GEORGETOWN. SUMMARY 1. Creates a new article of Georgetown Code of Ordinances Chapter 10 to provide for prohibited areas of launching and landing of unmanned aircraft systems, regulations on the safe operation of unmanned aircraft systems, prohibitions on operating unmanned aircraft systems for the purpose of voyeurism or harassment, and other miscellaneous requirements; provides penalties for the violation of the various provisions. 2. Provides for repeal of inconsistent ordinances, severability of provisions and an effective date upon passage and publication. The full text of this Ordinance is available for examination in the City Clerk’s Office, 100 North Court Street, Georgetown, Kentucky 40324 or at www.georgetownky.gov. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ______________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk I, Devon E. Golden, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 100 North Court Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 19-____ of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate summary of the contents of said Ordinance. Devon E. Golden CITY OF GEORGETOWN, KENTUCKY ORDINANCE NO. 19 -___ AN ORDINANCE CREATING A NEW ARTICLE OF GEORGETOWN CODE OF ORDINANCES CHAPTER 10, REGARDING USE OF UNMANNED AIRCRAFT SYSTEMS WITHIN THE CITY OF GEORGETOWN. SPONSORS: Polly Singer Eardley and David Lusby NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GEORGETOWN, KENTUCKY: WHEREAS, new innovations in unmanned aircraft, commonly known as “drones,” have expanded a vibrant community of hobbyists and impacted commercial applications in a profound way that can positively stimulate growth and increase economic efficiency for a diverse and expanding array of businesses; and WHEREAS, technological developments have made it possible for unmanned aircraft to travel at speeds over 100 miles per hour, carry payloads, and fly more than a mile away from the operator at heights of over 3000 feet, which has increased the potential for them to endanger the safety and well-being of the citizens of Georgetown and their property; and WHEREAS, unmanned aircraft also have the ability to be equipped with video cameras and other recording devices, and while the vast majority of those devices will undoubtedly be used to further commercial activity, hobbyists’ passions and the arts, it is important to recognize that they can also be used to conduct unlawful or unwanted surveillance or voyeuristic activities contrary to the privacy interests of the citizens of Georgetown; and WHEREAS, the City wishes to increase the ability of hobbyists and commercial users to operate unmanned aircraft within the City of Georgetown, while recognizing the need to protect the safety and privacy of the citizens and visitors to the city. SECTION ONE Chapter 10, Article III of the Code of Ordinances is created to read as follows: Definitions. a. Aircraft: The term “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. 1 b. Assist: The term “assist” means to substantially aid in the operation of an unmanned aircraft, including acting as a visual observer as described in this section. c. Model Aircraft: The term “model aircraft” means an unmanned aircraft that is: i. Capable of sustained flight in the atmosphere; ii. Flown within visual line of sight of the person operating the aircraft; and iii. Flown for hobby or recreational purposes only. d. Operate: The term “operate” means to use, cause to use, or authorize to use, with or without the right of legal control. e. Operator: The term “operator” means any person who manipulates the flight controls of, or otherwise operates, an unmanned aircraft system. f. Parade: The term “parade” means any procession, march or assembly wherein the participants travel by foot, vehicle or otherwise in or upon any public street, public sidewalk, public right-of-way, bicycle path, public property, or public parking facility within the City; provided, however, that “parade” shall not include a peaceful procession or peaceful picketing that is conducted off the street or roadway in conformance with all traffic laws, city ordinances and state statutes and not in a manner as to obstruct vehicular or pedestrian traffic. g. Park: The term “park” means any area officially designated by Georgetown- Scott County Parks and Recreation as a park and posted as such. h. Public Aircraft: The term “public aircraft” means any of the following: i. An aircraft used only for the United States government; ii. An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments; iii. An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces. i. Outdoor Public Assembly: The term “outdoor public assembly” means any celebration, gathering, ceremony, show, exhibition, concert, pageant, rally, demonstration, or assembly of any kind, which is (a) calculated to attract at any one time the physical attendance or attention of over one hundred (100) persons, and (b) is held in or on any public street, sidewalk, or right-of-way, or is held on other property which impacts adjacent streets, sidewalks, or rights- of-way to the extent that closure is necessary in order to assure the safety of vehicular and/or pedestrian movement in the area. In addition, any parade defined herein shall be considered an outdoor public assembly. 2 j. Unmanned Aircraft: The term “unmanned aircraft” means an aircraft, including model aircraft, operated without the possibility of direct human intervention from within or on the aircraft. k. Unmanned Aircraft System (UAS): The term “unmanned aircraft system” means an unmanned aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. l. Visual Observer: The term “visual observer” means a person who assists the unmanned aircraft operator to see and avoid other air traffic or objects aloft or on the ground. Operation of Unmanned Aircraft Systems; Prohibited Areas of Launch and Landing. a. It is prohibited to cause an unmanned aircraft to launch or land within five hundred (500) feet of a park, as defined in this section. The director of Georgetown-Scott County Parks and Recreation (GSCRC), or the director’s designee, may, by posting, permit the operation of model aircraft in certain designated sections of a park. Operation must be limited to the type and manner indicated on the posting. b. It is prohibited to cause an unmanned aircraft to launch or land within five hundred (500) feet of any pre-school, elementary, middle or high school; whether public or private. The permission of the school’s administration or authorized faculty member constitutes an affirmative defense. Permission may be incorporated into a school policy or procedure. c. It is prohibited to cause an unmanned aircraft to launch or land within five hundred (500) feet of any enclosed building owned or operated by the City of Georgetown, including but not limited to City Hall, Georgetown Police Department, and Georgetown Fire Stations. d. Penalty. Any person who is determined to have violated any of the provisions of this paragraph shall be guilty of a criminal violation and shall be fined $250.00. Affirmative Defenses. a. Proof that the unmanned aircraft system was operated at the direction of a governmental agency, such that it should be considered a public aircraft, constitutes an affirmative defense to any action brought under the provisions of this section. b. Proof of authorization by the Federal Aviation Administration (FAA) to operate unmanned aircraft in city air space in accordance with the federal law constitutes an affirmative defense to any action brought under the provisions of this ordinance. 3 Operation of Unmanned Aircraft Systems in an Unsafe Manner; Duty to Give Information and Render Aid. a. It is unlawful for any person to operate or assist in the operation of any unmanned aircraft system while under the influence of: i. Alcoholic beverages; ii. Any substance controlled under KRS 218A; iii. Any chemical substance which has the ability to induce a condition of intoxication or which distorts or disturbs the auditory, visual, or mental processes. b. It is unlawful to operate any unmanned aircraft system that has been equipped with any firearm, tear gas gun or chemical weapon device, explosive, destructive device, shotgun, slingshot, dirk, billie, knife, electronic weapon device, dart firing stun gun, common pocket knife, or any other item designed, redesigned, or intended to be used as a weapon. c. It is unlawful for any person to operate or assist in the operation of any unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another. d. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in injury to, or the death of, any person must remain at the scene of the crash until such person has provided his or her name, address and contract information, unmanned aircraft system registration number from the FAA, and permit number for unmanned aircraft flight, if such permit was previously obtained, and must render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person. e. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in damage to the attended property of another must remain at the scene of the crash until such operator or any assistant operator has provided his or her name, address and contact information, unmanned aircraft system registration number from the FAA, and permit number for unmanned aircraft flight, if such permit was previously obtained. f. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in damage to the unattended property of another must remain at the scene of the crash until such operator or any assistant operator has attached securely in a conspicuous place in or on the property a written notice giving his or her name, address and contact information, unmanned aircraft system registration number from the FAA, and permit number for unmanned aircraft flight, if such permit was previously obtained. 4 g. Failure to comply with the requirements of subsections (d), (e), or (f) is unlawful. h. Penalties. i. Any person found guilty of violating the provisions of subsections (a), (b), or (c) of this paragraph shall be guilty of a Class A Misdemeanor. ii. Any person who is determined to have violated subsections (d), (e), or (f) of this paragraph shall be guilty of a criminal violation and shall be fined $250.00. Use of Unmanned Aircraft for Voyeurism or Harassment Prohibited. a. It is unlawful to operate or assist in the operation of an unmanned aircraft system to secretly observe another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. b. It is unlawful to operate or assist in the operation of an unmanned aircraft system with the intent to offend, annoy, abuse, threaten, or harass any person. c. Penalty. Any person found guilty of violating the provisions of this paragraph shall be guilty of a Class A Misdemeanor. Miscellaneous Provisions. a. Indemnification: All applicants for a UAS permit and any other persons, organizations, firms or corporation on whose behalf the application is made must agree to indemnify the City of Georgetown in the manner expressed on the permit application. b. Insurance: All applicants for a UAS permit shall furnish proof of insurance of the types and amounts set forth by City Policy and Procedure. c. Contraband: Any unmanned aircraft system(s) operated in violation of this ordinance is contraband and subject to seizure. d. Notice: Any person who operates or assists in the operation of an unmanned aircraft is responsible to ensure they are in compliance with all applicable federal, state, and local laws. Nothing in this section shall be construed as granting any person permission to operate or assist in the operation of an unmanned aircraft in violation of any other federal, state, or local law. SECTION TWO If any portion of this Ordinance is for any reason held invalid or unlawful, such portion shall be deemed a separate provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 5 SECTION THREE All prior ordinances and parts of ordinances in conflict with this Ordinance are repealed. SECTION FOUR This Ordinance shall become effective upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ________________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk 6 CITY OF GEORGETOWN ORDINANCE NO. 2019-______ AN ORDINANCE AMENDING GEORGETOWN CODE OF ORDINANCES CHAPTER 8.5, ARTICLE II REGARDING SMOKING IN PUBLIC PLACES. SUMMARY 1. Amends section 8.5-32 of the Georgetown Code of Ordinances to provide a revised definition of “retail tobacco store.” 2. Provides for repeal of inconsistent ordinances, severability of provisions and an effective date upon passage and publication. The full text of this Ordinance is available for examination in the City Clerk’s Office, 100 North Court Street, Georgetown, Kentucky 40324 or at www.georgetownky.gov. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ______________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk I, Devon E. Golden, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 100 North Court Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 19-____ of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate summary of the contents of said Ordinance. Devon E. Golden ORDINANCE 19 - ___ AN ORDINANCE AMENDING GEORGETOWN CODE OF ORDINANCES CHAPTER 8.5, ARTICLE II REGARDING SMOKING IN PUBLIC PLACES. SPONSORS: Karen Tingle Sames and Todd Stone NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GEORGETOWN, KENTUCKY: SECTION ONE Chapter 8.5, Article II, section 8.5-32 of the Code of Ordinances is amended as follows: Sec. 8.5-32 Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section: Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity. Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one (1) or more individual persons. Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. 1 Health care facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. Place of employment means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless itis used as a childcare, adult day care, or health care facility. Private club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. Public place means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, hotel and motel lobbies, laundromats, polling places, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private club is a "public place" when being used for a function to which the general public is invited. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility. Restaurant means an eating establishment, including but not limited to, coffee shops, 2 cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. An establishment shall qualify as a retail tobacco store by generating greater than fifty (50) percent of annual gross local sales from the sale of tobacco products and accessories. Online sales shall not count as local sales. Any establishment claiming retail tobacco store status shall be subject to random audits by the City of Georgetown. Service line means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. Shopping mall means an enclosed public walkway or hall area that serves to connect retailor professional establishments. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product or any other lighted substance, whether otherwise legally possessed or consumed such as marijuana, in any manner or in any form. Sports arena means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events SECTION TWO If any section, subsection, paragraph, sentence, clause, phrase, or a portion of this ordinance is declared illegal or unconstitutional or otherwise invalid, such declaration shall not affect the remaining portions hereof. 3 SECTION THREE All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION FOUR This Ordinance shall be in full force and effect upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ______________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk 4 City Council Members City Council Members Polly Singer Eardley Mark Showalter David Lusby Todd Stone Tammy Lusby Mitchell Connie Tackett Karen Tingle-Sames Marvin Thompson Tom Prather, Mayor MUNICIPAL ORDER 19 – ____ July 8, 2019 AN ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF EASEMENT WITH GREG L. JOHNSON FOR CITY PROPERTY LOCATED NEAR FINLEY DRIVE. WHEREAS, Greg L. Johnson (“Grantee”) has requested an easement to allow for access to his property located behind Taco Bell on Finley Drive; and WHEREAS, Grantee will pay the City of Georgetown $500.00 for the access easement, covering approximately 568 square feet of City property; NOW THEREFORE, IT IS HEREBY ORDERED by the Georgetown City Council that the Mayor is authorized to execute the attached Deed of Easement. PASSED AND APPROVED, this July 8, 2019. __________________________________ Tom Prather, Mayor ATTEST: Tracie Hoffman, City Clerk 100 North Court Street • Georgetown, KY 40324 • (502) 863-9800 • Fax (502) 863-9810 EOE Page 1 of 2 CITY OF GEORGETOWN, KENTUCKY EASEMENT THIS DEED OF EASEMENT, made and entered into by and between the City of Georgetown, Kentucky, of 100 North Court Street, Georgetown, Kentucky 40324, hereinafter referred to as “the Grantor” and Greg Johnson, of __________________, Georgetown, Kentucky 40324, hereinafter referred to as "the Grantee.” WITNESSETH: That for and in consideration of the public benefit to be derived from the citizens of the Georgetown, Kentucky, and other good and valuable consideration in the amount of $500.00 and Grantee’s express agreement herein to accept responsibility for maintaining the street surface that crosses said easement, the receipt and sufficiency of such consideration being hereby acknowledged by the Grantor, the Grantor does hereby grant, transfer and convey to the Grantee, its successors and assigns forever, in fee simple, with covenant of General Warranty, an easement as follows: PERMANENT EASEMENT A perpetual, non-exclusive easement for access purposes, upon the following described real estate: Beginning at the northwest corner of City of Georgetown property, as described in Deed Book 250, Page 198, which is also common corner to Lowenthal, LLC, Greg L. Johnson, and Brian M. Hanna; thence with the common line of Hanna and the City of Georgetown N69°16’38”E 27.85 feet; thence with a curve to the right, with a radius of 30 feet and arc length of 41.02 feet, and whose chord is S21°07’42”W 37.90 feet to the common line of City of Georgetown and Greg L. Johnson; thence with said common line N25°55’11”W 28.35 feet to the point of beginning. Containing 568 square feet, more or less. hereinafter known as the “Easement Premises.” Said easement is further depicted on a map attached as Exhibit A, hereto; said easement being granted upon the express condition that Grantee shall maintain the road surface of the easement in good and working condition in perpetuity or unless and until the City accepts the street for public dedication. TO HAVE AND TO HOLD, the above-described easement thereunto belonging, unto the Grantee, its successors and assigns forever, hereinafter referred to as the "Grantee." IN TESTIMONY WHEREOF, witness the signature of Tom Prather, Mayor of the City of Georgetown, Kentucky, affixed hereto for and on behalf of said City as of this ____day of ___________, 2019. Page 2 of 2 GRANTEE: ___________________________________ Greg L. Johnson Date: __________________________________ COMMONWEALTH OF KENTUCKY ) ) COUNTY OF SCOTT ) The foregoing Easement was acknowledged before me by ____________________, on this __day of __________, 2019. _____________________________________________ My Commission expires: GRANTOR: Tom Prather, Mayor Date: COMMONWEALTH OF KENTUCKY ) ) COUNTY OF SCOTT ) The foregoing Easement was acknowledged before me by Tom Prather on this ____ day of _______, 2019 _____________________________________________ My commission expires: This Instrument Prepared By: Devon E. Golden City Attorney City of Georgetown Georgetown, KY 40324 502-863-9800 CITY OF GEORGETOWN, KENTUCKY ORDINANCE NO. 19-___ AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY CONTAINING 5.001 ACRES LOCATED AT 167 INDUSTRY RD. IN GEORGETOWN, SCOTT COUNTY, KENTUCKY FROM A-1 to I-1. SUMMARY Amends the official Georgetown-Scott County Zoning Map to show a change in the zoning classification for certain real property consisting of certain real property consisting of a total of 5.001 acres located at 167 Industry Rd. in the City of Georgetown, Scott County, Kentucky from A-1 (Agricultural) to I-1 (Light Industrial), which amendment is contingent upon the passage of the Ordinance annexing the property into the City limits; provides for severability, repeal of inconsistent ordinances and an effective date upon passage and publication. The full text of this Ordinance is available for examination in the City Clerk’s Office, 100 North Court Street, Georgetown, Kentucky 40324 or at www.georgetownky.gov. INTRODUCED AND PUBLICLY READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: 2019 APPROVED: Tom Prather, Mayor ATTEST: Tracie Hoffman, City Clerk I, Devon E. Golden, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 100 North Court Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 19-_____ of the City of Georgetown, Kentucky was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate summary of the contents of said Ordinance. Devon E. Golden CITY OF GEORGETOWN ORDINANCE NO. 19-_________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY CONTAINING 5.001 ACRES LOCATED AT 167 INDUSTRY RD. IN GEORGETOWN, SCOTT COUNTY, KENTUCKY FROM A-1 to I-1. SPONSOR: Council Member Connie Tackett WHEREAS, the application of Ohnheiser Co., LLC, whose address is, 1893 Barkley Rd., Sadieville, KY 40370 having been filed with the Georgetown-Scott County Planning Commission requesting a zoning classification change of certain real property consisting of a total of 5.001 acres located at 167 Industry Rd. in the City of Georgetown, Scott County, Kentucky as more particularly described in Exhibits A and B, attached hereto and incorporated by reference herein from A-1 (Agricultural) to I-1 (Light Industrial); and WHEREAS, the matter having been heard publicly by the Planning Commission on the 12th day of October 2017, pursuant to notice according to law and with a quorum present and voting; and WHEREAS, after taking testimony on the application and fully considering same, the Planning Commission voted to make certain findings of fact and to recommend approval of the application to the Georgetown City Council; and NOW, THEREFORE, Be it ordained by the City of Georgetown, Kentucky: SECTION ONE That the Findings of Fact and Recommendations of the Planning Commission are hereby adopted and incorporated herein as if fully copied at length. SECTION TWO That the Georgetown-Scott County official zoning map is hereby amended to show a change in the zoning classification for certain real property consisting of a total of 5.001 acres located at 167 Industry Rd. in the City of Georgetown, Scott County, Kentucky as more particularly described in Exhibits A and B, attached hereto and incorporated by reference herein from A-1 (Agricultural) to I-1 (Light Industrial) in the City of Georgetown, Scott County, Kentucky. Such amendment is hereby made expressly contingent upon and effective only after the passage and effectiveness of the Ordinance annexing of the Property into the city limits of the City of Georgetown. SECTION THREE That the Georgetown-Scott County Planning Commission is hereby directed to show these zoning classification changes on the official zoning map and to make reference to the number of this Ordinance. SECTION FOUR If any portion of this Ordinance is for any reason held invalid or unlawful such portion shall be deemed a separate provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION FIVE All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION SIX This Ordinance shall be in full force and effect upon passage and publication. PUBLICLY INTRODUCED AND READ FIRST TIME: July 8, 2019 PUBLICLY READ SECOND TIME AND PASSED: ________________, 2019 APPROVED: ____________________________________ Tom Prather, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk 2

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