Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Meeting Minutes - Final Thursday, January 30, 2014 6:00 PM Council Chambers Metro Council (D) – Attica Scott (1), (D) – Barbara Shanklin (2), (D) – Mary C. Woolridge (3), (D) – David Tandy (4), (D) – Cheri Bryant Hamilton (5), (D) – David James (6), (R) – Kenneth C. Fleming (7), (D) – Tom Owen (8), (D) – Tina Ward-Pugh (9), (D) – Jim King (10), (R) – Kevin Kramer (11), (D) – Rick Blackwell (12), (D) – Vicki Aubrey Welch (13), (D) – Cindi Fowler (14), (D) – Marianne Butler (15), (R) – Kelly Downard (16), (R) – Glen Stuckel (17), (R) – Marilyn Parker (18), (R) – Jerry T. Miller (19), (R) – Stuart Benson (20), (D) – Dan Johnson (21) (R) – Robin Engel (22), (R) – James Peden (23), (D) – Madonna Flood (24) (D) – David Yates (25), (D) – Brent Ackerson (26) President: Jim King (10) Pro-Tem: Vicki Aubrey Welch (13) Metro Council Meeting Minutes - Final January 30, 2014 Members Roll Call: CALL TO ORDER: President King called the January 30, 2014 Regular Meeting of the Louisville Metro Council to order at 6:00 PM. He asked all to rise and join him in the Pledge of Allegiance to the Flag. ROLL CALL: The Clerk called the roll. With 22 present, a quorum was established. PRESIDENT KING: Thank you. Please cause the record to reflect that Councilman Downard has an excused absence. CLERK: So noted. Present: 25 - Council Member Attica Scott (D-1), Council Member Barbara Shanklin (D-2), Council Member Mary C. Woolridge (D-3), Council Member David Tandy (D-4), Council Member Cheri Bryant Hamilton (D-5), Council Member David James (D-6), Council Member Kenneth C. Fleming (R-7), Council Member Tom Owen (D-8), Council Member Tina Ward-Pugh (D-9), Council President Jim King (D-10), Council Member Kevin Kramer (R-11), Council Member Rick Blackwell (D-12), Council Member Vicki Aubrey Welch (D-13), Council Member Cindi Fowler (D-14), Council Member Marianne Butler (D-15), Council Member Glen Stuckel (R-17), Council Member Marilyn Parker (R-18), Council Member Jerry T. Miller (R-19), Council Member Stuart Benson (R-20), Council Member Dan Johnson (D-21), Council Member Robin Engel (R-22), Council Member James Peden (R-23), Council Member David Yates (D-25), Council Member Madonna Flood (D-24) and Council Member Brent Ackerson (D-26) Excused: 1- Council Member Kelly Downard (R-16) Address to Council 1. ID 14-046 ADDRESSES TO COUNCIL: January 30, 2014 Attachments: 1-30-14- Address to Council Agenda PRESIDENT KING: Mr. Clerk, are there any addresses to the Council tonight? CLERK: Yes sir. PRESIDENT KING: Please bring them forward. The Clerk called forward the following speakers: 1. Daniel Cobble 2. Joy Farmer (No show) 3. Briana Holloway 4. Tom Rector 5. Laura Nichols 6. Jaime Montalvo CLERK: Mr. President, that concludes the addresses to the Council. Guests Louisville Metro Government Page 1 Metro Council Meeting Minutes - Final January 30, 2014 2. ID 14-013 CW Ward-Pugh will recognize Principal, Deborah Rivera (WIN Program) Attachments: Ward-Pugh Guest Presentation PRESIDENT KING: Councilwoman Ward-Pugh, do you have guests? COUNCILWOMAN WARD-PUGH: Yes Sir. PRESIDENT KING: You have the floor. Our new and improved gate. COUNCILWOMAN WARD-PUGH: Thank you. Good evening, colleagues. I'm excited to have with me tonight these distinguished guests. Field Elementary, this is Principal Debra Rivera and teachers Tiffany Hill, Sarah Reed, and Lauren Morgan. I don't know if you saw this in the Neighborhood section back in November of 2013, but there was a great article about Field Elementary and the WIN program that they have instituted. And WIN stands for What I Need. And in that article it mentions that Principal Debra Rivera attributes a dramatic leap in the school's state test scores this year to this method of small group learning combined with dividing teachers up into small professional learning communities to consult and interact with one other in weekly meetings. Field's rise in scores was the biggest in Jefferson County Public School System from the 13th to 78th percentile, and one of the biggest in the state. It is my honor tonight to welcome these folks. They have a very brief video presentation. And they want to tell you just briefly about their program. Go ahead Principal. PRINCIPAL DEBRA RIVERA: Good evening, everyone. Thank you so much for allowing us to be here tonight. We are very excited to tell you a little bit about what we do. First, I do want to let you know that we are very excited that Jefferson County Public Schools as a whole has really adopted professional learning communities as part of their strategic plan. Many of you may have heard the goals of Jefferson County Public Schools this year. We are very focused. And one of the major goals that we have is to develop professional learning communities across the entire district. So we were part of the PLC pilot program, which is Professional Learning Communities. The schools that you see listed are all the schools that participated in this pilot program. We were working directly with Rick and Becky Dufour, who are the pioneers of Professional Learning Communities. And we are in a three year cycle, a three year commitment to implement Professional Learning Communities at Field. These are just some of the 13 schools that participated. All the schools you see in green, these are the gains they made in the area of math. And you can see that Field went from 46 points to 60.9 points. So we had a gain of 14.9 points in the area of math this year so we were very excited there. So just to tell you a little bit about what a Professional Learning Community is, so that you will get a sense of what a WIN group is. It is really where we focus on four essential questions around Professional Learning Communities. Teachers are given time to sit down and think about what exactly it is that we want our kids to know and be able to do. How we are going to know if our kids are able to do those things, so, that is about analyzing assessments. And once we have analyzed those assessments, we think about what are we going to do for the kids that did not get it? But then also thinking about what are we going to do for the kids that did get and it how are we going to stretch those kids. That is what we do through the WIN groups that you may have read about in the article. We put them in fluid groups, small groups, WIN groups, flood grade levels with the adults and get those down into really small groups and meet with the kids on their individual needs. This will give you some of the little tidbits, the data from our K prep test last year, which are the State tests that we take. We did have the largest overall gains in Jefferson County public schools. We knew it was going to be good, but didn't know it was going to be that good, so we were excited about that. Sixth highest gain in all the elementary schools in the state. And as Councilwoman Ward Pugh said, we did go from the 13th to 78th percentile, so we did make great strides. Interestingly enough, we focused on the area of math in our WIN groups, but we found the process of Professional Learning Communities really pushed us in gains in several other Louisville Metro Government Page 2 Metro Council Meeting Minutes - Final January 30, 2014 areas. We did have high gains in science, language mechanics, significant gains there. And the twelfth highest gains in reading and writing in all the schools in Jefferson County. Just to give you a little bit about the impact on the school culture because the scores are great, but we shifted the culture of Field Elementary School. Teachers in the past thought about their kids in their classrooms. 24 kids that are mine, but now all the kids across the school belong to all of us. We shifted from teaching to learning. And we assess the kids frequently now. We do what is called formative assessment, so we can change the instruction along the way instead of waiting until the end of an instructional period. And change from assessing many things infrequently to really honing down and assessing a few things really frequently. And then we do have a little brief video. It is like nine minutes, but we will show you a little bit. What you will see are win groups at field, so you will be able to see what those look like. COUNCILWOMAN WARD-PUGH: And it will just be brief. [Video was played]. PRINCILAL DEBRA RIVERA: Okay. We can send you the link to the whole video you if you like. But that is a little bit about Professional Learning Communities. I do have a couple of teachers with us, our Co-Clarity Coach, Sarah Reed, Tiffany Hill and Lauren Morgan. If you guys have questions for them, please feel free to ask them. And thank you very much. COUNCILWOMAN WARD-PUGH: And if I could, colleagues, I have this article that I'm going to pass around if anybody wants to read it. It is quite good, but tonight I have a proclamation that I would like to give you all. PROCLAMATION To all whom these letters shall come Greetings: Know ye that the Louisville Metro Legislative Council hereby proclaims FIELD ELEMENTARY SCHOOL to be a 9th District distinguished institution in recognition for their WIN (What I Need) initiative. We hereby confer the recognition with all the rights, privileges and responsibilities hereunto appertaining. In testimony whereof, we have caused these letters to be made and the letters and seal of the Louisville Metro Government to be hereunto affixed. Signed today by me, Councilwoman for the 9th District. I'm Honored to represent you, although it is only for eleven more month. but the good work you all do. And Colleagues, they are so interested and excited about being down here, that they would like to work with us to bring some of their kids down here for some of their government and policy classes. So hopefully we will be able to do that, but I just wanted to honor them and say thank you. PRESIDENT KING: Thank you. SARAH REED: I want to thank the Metro Council for supporting JCPS. Because without supporting JCPS, you could not also support us. So I want to thank you for supporting the public school system. TIFFANY HILL: Thank you. Louisville Metro Government Page 3 Metro Council Meeting Minutes - Final January 30, 2014 LAURA MORGAN: Thank you. [Applause]. PRESIDENT KING: Thank you, Councilwoman. Does anyone else need the floor or have any guests before we go into the business part of our meeting? Very good. Council Minutes PRESIDENT KING: Next we have approval of Council Minutes for the Regular Council Minutes of January 6, 2014. Any corrections or deletions? May I have a motion and second for approval? COUNCILMAN JAMES: Motion. COUNCILWOMAN AUBREY WELCH: Second. PRESIDENT KING: Thank you. the minutes have been properly moved and seconded. All those in favor say aye. ALL PRESENT: Aye. PRESIDENT KING: Opposed? OPPOSED: None. PRESIDENT KING: The ayes have it. The minutes are approved as written. 3. ID 14-055 LOUISVILLE METRO COUNCIL MINUTES Attachments: 01-06-14 MC MINUTES Committee Minutes PRESIDENT KING: Next we have approval of the following Committee Minutes, all in 2014. SPECIAL Budget Committee - January 21, 2014 4. ID 14-074 Budget Committee Meeting Minutes - January 21, 2014 Attachments: 01-21-14 Budget Minutes SPECIAL Appropriations NDFs and CIFs Committee - January 22, 2014 5. ID 14-069 Appropriations Committee Meeting Minutes - 01-22-14 Attachments: Minutes 1-22-14 SPECIAL Committee on Sustainability - January 23, 2014 6. ID 14-070 Committee on Sustainability Meeting Minutes - January 23, 2014 Attachments: MeetingMinutes - Jan 23, 2014 Louisville Metro Government Page 4 Metro Council Meeting Minutes - Final January 30, 2014 SPECIAL Ad Hoc Committee on Land Development Code - January 27, 2014 7. ID 14-072 Ad Hoc Committee on Land Development Code Meeting Minutes - January 27, 2014 Attachments: Minutes 1-27-14 SPECIAL Public Safety Committee - January 30, 2014 8. ID 14-075 Public Safety Committee Meeting Minutes - January 30, 2014 Attachments: MeetingMinutes30-Jan-2014-Pulic Safety PRESIDENT KING: Are there any corrections or deletions to these? May I have a motion and second for approval? COUNCILWOMAN WOOLRIDGE: Motion. COUNCILMAN PEDEN: Second. PRESIDENT KING: Thank you. The minutes are properly moved and seconded. All those in favor say aye. ALL PRESENT: Aye. PRESIDENT KING: Opposed? OPPOSED: None. PRESIDENT KING: The ayes have it. The minutes are approved as written. Mr. Clerk, a reading of item 9, please. Special Ordinances and Resolutions Louisville Metro Government Page 5 Metro Council Meeting Minutes - Final January 30, 2014 9. R-034-14 A RESOLUTION APPROVING THE COUNCIL AND COMMITTEE MEETING SCHEDULE OF THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) FOR THE CALENDAR YEAR 2014. Sponsors: Jim King (D-10) Attachments: R-034-14 ATTACH A MC Calendar 2014 R-034-14 MC Calendar 2014 CLERK: Read in full. PRESIDENT KING: Thank you. May I have a motion and second? COUNCILMAN PEDEN: Motion to approve. COUNCILMAN JOHNSON: Second. PRESIDENT KING: Thank you. The resolution is before us. This is the 2014 calendar that sets the meeting dates for us for 2014. Of course, it can be amended going forward, but we set it today so that all future meetings are regular meetings. Again, you can do special meetings if you need to. Any other discussion on this? Hearing none, this is a resolution allowing for a voice vote. All in favor? ALL PRESENT: Aye PRESIDENT KING: Opposed? OPPOSED: None. PRESIDENT KING: The ayes have it. The resolution passes. Consent Calendar PRESIDENT KING: Our next order of business is the Consent Calendar. The Consent Calendar currently comprises Items 10 to 12. Are there any additions or deletions? Councilman Peden, you are Chair of Public Safety and you suggested we move Item 13 to the Consent Calendar. COUNCILMAN PEDEN: Correct. PRESIDENT KING: Very Good. COUNCILMAN PEDEN: It was unanimous in Committee, it was just the timing. Could not get it on the agenda. PRESIDENT KING: Thank you. Without objection, we will move Item 13 to the Consent Calendar. The Consent Calendar now comprises items 10-13. Mr. Clerk a second reading of those items. Legislation forwarded from APPROPRIATIONS, NDFs and CIFs Louisville Metro Government Page 6 Metro Council Meeting Minutes - Final January 30, 2014 10. O-240-13 AN ORDINANCE APPROPRIATING $8,320 FROM DISTRICT ONE NEIGHBORHOOD DEVELOPMENT FUNDS TO THE TRANSIT AUTHORITY OF RIVER CITY (TARC), FOR ADDITIONAL BUS SERVICE DURING THE HOLIDAY SEASON FROM NOVEMBER 29 THROUGH DECEMBER 24, 2013 FOR BUSINESSES AND THEIR SEASONAL EMPLOYEES IN THE RIVERPORT BUSINESS AUTHORITY. Sponsors: Attica Scott (D-1) Legislation forwarded from BUDGET 11. O-238-13 AN ORDINANCE AMENDING ORDINANCE NO. 107, SERIES 2013, RELATING TO THE FISCAL YEAR 2013-14 CAPITAL BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM COMMUNITY SERVICES & REVITALIZATION TO PUBLIC WORKS & ASSETS. Sponsors: Cheri Bryant Hamilton (D-5) and David Tandy (D-4) 12. R-002--14 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT IN THE AMOUNT OF $50,000.00 FROM THE AUGUSTA BROWN HOLLAND PHILANTHROPIC FOUNDATION, INC, A GRANT IN THE AMOUNT OF $25,000.00 FROM THE OWSLEY BROWN CHARITABLE FOUNDATION, INC., AND A GRANT IN THE AMOUNT OF $60,000.00 FROM THE LOCAL SUSTAINABILITY MATCHING FUND FOR THE ASSESSMENT AND MITIGATION OF URBAN HEAT ISLANDS THROUGHOUT LOUISVILLE METRO TO BE ADMINISTERED BY THE OFFICE OF SUSTAINABILITY IN COOPERATION WITH OPERATION BRIGHTSIDE THROUGH THE LOUISVILLE METRO PARKS DEPARTMENT. Sponsors: Marianne Butler (D-15) 13. R-222-13 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A DONATION OF 1,000 TOYS, ESTIMATED VALUE OF $17,500, FROM PETSAFE RADIO SYSTEMS CORPORATION TO THE LOUISVILLE METRO ANIMAL SERVICES DEPARTMENT TO BE USED FOR ENRICHMENT FOR THE SHELTER ANIMALS AT THE MANSLICK INTAKE FACILITY AND THE ANIMAL HOUSE ADOPTION CENTER. Sponsors: Tina Ward-Pugh (D-9) Louisville Metro Government Page 7 Metro Council Meeting Minutes - Final January 30, 2014 CLERK: Read in full. PRESIDENT KING: Thank you. COUNCILMAN JAMES: Motion to approve. PRESIDENT KING: Very good. May I have a second? COUNCILMAN JOHNSON: Second. PRESIDENT KING: That was 1,000 toys not 1,000 dogs. Is that right? COUNCILMAN PEDEN: That is correct. PRESIDENT KING: The Consent Calendar has been properly moved and seconded. It requires a roll call vote. COUNCILMAN MILLER: Mr. President, my system is locked up. I can't get out of the screen I am on. PRESIDENT KING: We will record you as a yes. COUNCILMAN MILLER: As a yea please. PRESIDENT KING: All right. COUNCILWOMAN BUTLER: Mr. President, my system is locked as well. PRESIDENT KING: Very Good. COUNCILWOMAN BUTLER: Yes please. PRESIDENT KING: We got you. PRESIDENT KING: Councilman Yates, did you vote? COUNCILMAN YATES: My system Is locked up as well Mr. President. PRESIDENT KING: All right. Without objection the voting is closing. The voting is closed. Consent Calendar CLERK: There are 25 yes votes and one not voting. PRESIDENT KING: The Consent calendar passes. Yes: 25 - Scott, Shanklin, Woolridge, Tandy, Hamilton, James, Fleming, Owen, Ward-Pugh, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Excused: 1- Downard Louisville Metro Government Page 8 Metro Council Meeting Minutes - Final January 30, 2014 Old Business Next item of business is Old Business. Mr. Clerk, a reading of Item 14, please. Louisville Metro Government Page 9 Metro Council Meeting Minutes - Final January 30, 2014 14. O-005--14 AN ORDINANCE APPROPRIATING $5,001 $8,000 FROM DISTRICT 15 NEIGHBORHOOD DEVELOPMENT FUNDS AS FOLLOWS:, $2,000 FROM DISTRICT 15 AND $1,000 EACH FROM DISTRICTS 6, 10, 12, 13, 21 AND 25, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO SOUTH LOUISVILLE COMMUNITY MINISTRIES, INC. FOR PROGRAM EXPENSES ASSOCIATED WITH ITS FAMILIES HELPING FAMILIES PROGRAM (As Amended). Sponsors: Marianne Butler (D-15) Attachments: NDF012214SLCM. O-005--14 COMM AMEND NDF SOUTH LOUISVILLE COMMUNITY MINISTRIES CLERK: Read in full. COUNCILWOMAN WOOLRIDGE: Motion to approve. COUNCILMAN PEDEN: Second. PRESIDENT KING: Very good. The committee amended ordinance is now before us. Is there any discussion? Councilman Blackwell, you are Chair of Appropriations. I believe this came out of your committee. COUNCILMAN BLACKWELL: Yes. Thank you, Mr. President. It is really very simple in what it says here. I think mine shows as $5,001 that should be scratched. That is just technical. Ok. And that is why it is here. It originally came over at $5,001 and then as Councilwoman Butler got other Council Members to join in, they are included in it as well and then her original number went down. PRESIDENT KING: And $8,000 was the request. COUNCILMAN BLACKWELL: It is the request yes, so they don't need anymore. PRESIDENT KING: Very good. Is there any further discussion on this item? Councilwoman Butler. COUNCILWOMAN BUTLER: Thank you, Mr. President. I do have one other small thing. We failed to note on here that my brother's a volunteer over at South Louisville Community Ministry. I need to add that in the disclosure. PRESIDENT KING: Okay. COUNCILWOMAN BUTLER: I thought that... PRESIDENT KING: Were you talking about in the grant application? COUNCILWOMAN BUTLER: Yes, sir. And I couldn't pull it up on my system. That is why it locked up. I thought South Louisville had disclosed that, and they didn't. So I need to make sure it is on there. PRESIDENT KING: That will be noted for the record. Will that affect your voting? COUNCILWOMAN BUTLER: It shouldn't. He goes over and empties the semi-trucks from Dare Louisville Metro Government Page 10 Metro Council Meeting Minutes - Final January 30, 2014 to Care on Friday, and anyone's welcome to go and join. They need able bodied people to do that. PRESIDENT KING: If we did that we would have to abstain, so we won't do it. COUNCILWOMAN BUTLER: But for the listening public, they always need help. PRESIDENT KING: Councilwoman Woolridge. COUNCILWOMAN WOOLRIDGE: Thank you, Mr. President. As I was looking at the document, I am still looking at $5,001, but I think it has been amended to $8,000. Do we have additional paperwork here? PRESIDENT KING: Mr. Clerk, can you address that, please? CLERK: No, ma'am. It is a technical error on the system. The correct amount is $8,000, and it was amended, as Councilman Blackwell mentioned. It was amended to $8,000 in committee and we do have the correct paperwork. COUNCILWOMAN WOOLRIDGE: Thank you. PRESIDENT KING: Any other discussion? Hearing none, this is an ordinance requiring a roll call vote. Mr. Clerk, please open the voting. Without objection, the voting is closing. The voting is closed. CLERK: There are 25 yes votes and one not voting. Yes: 25 - Scott, Shanklin, Woolridge, Tandy, Hamilton, James, Fleming, Owen, Ward-Pugh, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Absent: 1- Downard PRESIDENT KING: The ordinance as amended passes. Mr. Clerk, a reading of Item 15, please. Louisville Metro Government Page 11 Metro Council Meeting Minutes - Final January 30, 2014 15. O-233-13 AN ORDINANCE APPROVING TEXT AMENDMENTS TO SECTIONS 1.2 AND 4.3.19 OF THE LAND DEVELOPMENT CODE ADDING THE DEFINITION OF LIVE/WORK UNITS AND THE ADDITION OF LIVE/WORK UNITS AS A PERMITTED USE WITH SPECIAL STANDARDS AND BEING IN METRO LOUISVILLE (CASE NO. 13AMEND1002). Sponsors: Madonna Flood (D-24) CLERK: Read in full. COUNCILMAN JAMES: Motion to approve. COUNCILMAN JOHNSON: Second. PRESIDENT KING: The ordinance is now before us. Is there any discussion on this? Councilman Peden. COUNCILMAN PEDEN: Thank you, Mr. President. This came to us several months ago for approval to even address it. It then came back through in December where we sent it back to committee because some safety issues had not, in my estimation, been totally addressed. To be more specific, this is to create art slash or studio/residential units within a single structure. What does that mean? That means that you can have up to 3,000 square feet, of which 1,500 can be your home and 1,500 can be your studio. Where the safety issue comes in is it also allows open flame work. It allows welding. And another concern that I brought up in committee, for instance, are certain uses of inks and other, I will use the word noxious, or smelly items that may, with no actual address to a common ventilation system within a single building. It was brought back to committee. I guess, personally, I'm still not necessarily comfortable with the flame issue because you still can basically weld next to your bed. Not sure that is the safest thing on earth, but on the other hand, the positives in the art community, honestly, to be able to pay rent on an apartment and then pay rent on a studio is probably cost prohibitive. This sets up certain areas and certain buildings in Louisville which was the intent when it came from Planning and Zoning in the first place. And then the final safety precaution is that the state, which will govern this, has adopted the international building code which basically states for live/work units you have to have sprinklers, fire separation. You have to have a whole lot of safety features that are very expensive, which means although you can have these in R-4, R-5, R-6, R-7, residential classifications because of the cost prohibitiveness, you are not going to have them, I'll use the word proliferate, into every apartment complex or residential neighborhood. I sarcastically said in committee, I reserve the right to say "I told you so" if something bad happens, but at this moment, the positive potential outweighs the negative potential, in my eyes. And therefore, it did pass Committee unanimously and therefore, as a Committee we do recommend approval. PRESIDENT KING: Thank you. Councilman Yates. COUNCILMAN YATES: Thank you, Mr. President. And I just wanted to add, at first look it may be a concern. But, obviously, if there's a homeowner's association or a contract or anything else in place that is against this operation, this would in no way circumvent that or change it. It would just be a change to the Land Development Code. Thank you Mr. President. PRESIDENT KING: Thank you. Any further discussion? Councilwoman Hamilton. COUNCILWOMAN HAMILTON: Ok, cause I saw Councilwoman Flood on here as well, so I didn't know. Louisville Metro Government Page 12 Metro Council Meeting Minutes - Final January 30, 2014 PRESIDENT KING: I don't have Councilwoman Flood on mine. COUNCILWOMAN HAMILTON: Is she there? Ok. I just wanted to speak in favor of this ordinance and to thank the committee. We have a lot of live in artists who have moved into the Portland neighborhood. And this live/work unit, I am sure they are very happy about it. I have been to some and I know one of the artist from out at U of L who does the glass blowing and uses open flames. So I'm sure these requirements and safety features will be a big help. Thank you. PRESIDENT KING: Thank you. Councilwoman Flood, were you seeking recognition? Okay. Thank you. COUNCILWOMAN FLOOD: Thank you, Mr. Chair. Also, two things real quick. This also helps identify what type of insurance, liability insurance, that live/work units will have to pay. Because a lot of times the artists were being charged a higher commercial rate versus a residential rate. And also all the other laws that are applicable will apply, such as they won't be able to put some big billboard sign in their yard. It still will have to maintain their residential character. And they have to follow all the other Land Development Code lines and special standards if that is required in that form district or in that zoning classification. PRESIDENT KING: Thank you. Is anyone else seeking recognition on this item? Hearing none, this is an ordinance requiring a roll call vote. Mr. Clerk, please open the voting. Without objection, the voting is closing. And, Councilwoman Fowler, would you like to be recorded as a yes? COUNCILWOMAN FOWLER: Yes. PRESIDENT KING: Okay. The voting is closed. CLERK: There are 25 yes votes and one not voting. Yes: 25 - Scott, Shanklin, Woolridge, Tandy, Hamilton, James, Fleming, Owen, Ward-Pugh, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Absent: 1- Downard Louisville Metro Government Page 13 Metro Council Meeting Minutes - Final January 30, 2014 PRESIDENT KING: The ordinance passes. Before we go into New Business, I have one other announcement I would like to make. I understand that one of our Council Members is tomorrow going to be celebrating his 50th wedding anniversary. Is that accurate? COUNCILMAN OWEN: It is true. PRESIDENT KING: It is true. We ousted him. COUNCILMAN OWEN: 1964, January 31st. PRESIDENT KING: Congratulations. COUNCILMAN OWEN: Thank you. Thank you. [Applause]. We've got about, I think it is 23 more hours to go and it looks like this marriage might hold, at least that long. PRESIDENT KING: Well, Phyllis is a saint. COUNCILMAN OWEN: Yeah, she is. No doubt about that. COUNCILMAN ENGEL: Mr. President. PRESIDENT KING: Yes, Councilman Engel. COUNCILMAN ENGEL. I want to applaud the Councilman. And my in-laws will be at a party on Saturday night for their 50th anniversary. The 24th is a day later. So congratulations, Councilman. PRESIDENT KING: All right, the next item of business is New Business. COUNCILWOMAN WOOLRIDGE: Mr. President. PRESIDENT KING: As you leave the chambers, please do so quietly. I'm sorry, Councilwoman Woolridge, did you have something? COUNCILWOMAN WOOLRIDGE: I want to congratulate Councilman Owen. And it is so strange, Mr. President. Everybody up here on this Council that has celebrated 50 years or are celebrating 50 years, their spouses are saints. PRESIDENT KING: Yes, they are. COUNCILWOMAN WOOLRIDGE: Who are we? (Laughter) PRESIDENT KING: Exactly. COUNCILWOMAN WARD-PUGH: Without objection. (Laughter) New Business PRESIDENT KING: So the next item of business is New Business. As you leave the chambers, please do so quietly so the Clerk may read New Business. New Business comprises Items 16 through 35. Will the Clerk please read those items and the assignments to Committee. Louisville Metro Government Page 14 Metro Council Meeting Minutes - Final January 30, 2014 Legislation assigned to APPROPRIATIONS, NDFS AND CIFS 16. O-036-14 AN ORDINANCE APPROPRIATING $9,000 FROM DISTRICT NEIGHBORHOOD DEVELOPMENT FUNDS AS FOLLOWS: $5,000 FROM DISTRICT 1; $2,000 FROM DISTRICT 5; $1,000 EACH FROM DISTRICTS 3, AND 6, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO TRINITY FAMILY LIFE CENTER, INC., FOR OPERATING AND PROGRAMMING EXPENSES ASSOCIATED WITH IMPLEMENTING ITS AFTER SCHOOL TUTORING PROGRAM. Sponsors: Attica Scott (D-1), Cheri Bryant Hamilton (D-5), Mary C. Woolridge (D-3) and David James (D-6) Attachments: O-036-14 NDF 9K TO TRINITY FAMILY LIFE CENTER NDF020514TFLC 17. O-043-14 AN ORDINANCE APPROPRIATING $12,097 FROM DISTRICT 19 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE CITY OF MIDDLETOWN, PURSUANT TO LMCO 97.100(F) ESTABLISHING A METRO PARTNERSHIP PROGRAM WITH SUBURBAN CITIES, FOR A CAPITAL IMPROVEMENT PROGRAM - THE EVERGREEN SIDEWALK PROJECT. Sponsors: Jerry T. Miller (R-19) Attachments: NDF020514CM19 18. O-054-14 AN ORDINANCE APPROPRIATING ($8,000) $15,000 FROM DISTRICT NEIGHBORHOOD DEVELOPMENT FUNDS AS FOLLOWS: $5,000 FROM DISTRICT 12; AND $3,000 FROM DISTRICTS 14, 13, AND 25; AND $1,000 FROM DISTRICT 15, TO METRO PARKS FOR EXPENSES ASSOCIATED WITH THE 2014 RIVERVIEW PARK INDEPENDENCE FESTIVAL. As Amended Sponsors: Rick Blackwell (D-12) and Cindi Fowler (D-14) Attachments: NDF020514MP12... Louisville Metro Government Page 15 Metro Council Meeting Minutes - Final January 30, 2014 19. O-057-14 AN ORDINANCE APPROPRIATING ($12,000) $12,500 FROM DISTRICT NEIGHBORHOOD DEVELOPMENT FUNDS AS FOLLOWS: $5,000 FROM DISTRICT 9 AND $1,000 EACH FROM DISTRICTS 1, 5, 8, 13, 16, 17 AND 22; AND $500 FROM DISTRICT 21, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE GIRL SCOUTS OF KENTUCKIANA, INC. FOR NEEDS BASED MEMBERSHIP ASSISTANCE. (As Amended) Sponsors: Tina Ward-Pugh (D-9), Glen Stuckel (R-17), Tom Owen (D-8), Cheri Bryant Hamilton (D-5), Attica Scott (D-1), Vicki Aubrey Welch (D-13), Robin Engel (R-22) and Kelly Downard (R-16) Attachments: GirlScoutsofKentuckianaNeedsBasedMembershipAssistanceNDF Ord.2014 acb,kb Draft 1 NDF020514GS09 2- GirlScoutsofKentuckianaNeedsBasedMembershipAssistanceNDF20 14 20. O-059-14 AN ORDINANCE APPROPRIATING $6,800 FROM NEIGHBORHOOD DEVELOPMENT FUNDS AS FOLLOWS: $3,400 EACH FROM DISTRICTS 10, 4; THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO GERMANTOWN MISSION, INC., FOR ON-GOING OPERATIONAL AND PROGRAMMING EXPENSES. Sponsors: Jim King (D-10) and David Tandy (D-4) Attachments: Germantown Mission, Inc Dists 10 & 4 NDF020514GM10 21. O-069-14 AN ORDINANCE APPROPRIATING $10,000 FROM DISTRICT 26 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE JEFFERSON COUNTY PUBLIC EDUCATION FOUNDATION, INC. FOR PLAYGROUND EQUIPMENT AT GOLDSMITH ELEMENTARY SCHOOL. Sponsors: Brent Ackerson (D-26) Attachments: NDF020514JCPSF26... JCPE Found.Goldsmith Ele.Playground Eqpmt.NDF Application 012814 Legislation assigned to BUDGET Louisville Metro Government Page 16 Metro Council Meeting Minutes - Final January 30, 2014 22. O-052-14 AN ORDINANCE AMENDING ORDINANCE NO. 106, SERIES 2013, RELATING TO THE FISCAL YEAR 2013-14 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING $5,000 OF FUNDING FROM THE NEIGHBORHOOD DEVELOPMENT FUND (DISTRICT 9) TO THE METRO COUNCIL GENERAL OPERATIONS (DISTRICT 9) AND BY TRANSFERRING $25,000 OF FUNDING FROM THE NEIGHBORHOOD DEVELOPMENT FUND (DISTRICT 5) TO THE METRO COUNCIL GENERAL OPERATIONS (DISTRICT 5). (AS AMENDED) Sponsors: Tina Ward-Pugh (D-9) Attachments: O-052-14 COMM AMEND D9 TRANSFER NDF TO GEN OPER Transf.$5k D9 & $25k D5 NDF to D9 & D5 respect.MC Gen.Oper.FY2013-14 ROC bkn Draft 2 23. O-055-14 AN ORDINANCE AMENDING ORDINANCE NO. 106, SERIES 2013, RELATING TO THE FISCAL YEAR 2013-14 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING $18,000 OF FUNDING FROM THE NEIGHBORHOOD DEVELOPMENT FUND (DISTRICT 21) TO THE METRO COUNCIL GENERAL OPERATIONS (DISTRICT 21). Sponsors: Dan Johnson (D-21) 24. O-063-14 AN ORDINANCE AMENDING ORDINANCE 097, SERIES 2013, APPROVING A FORGIVABLE LOAN TO SHAWNEE GARDENS APARTMENTS, LTD. (“SHAWNEE GARDENS”) FOR ROOF AND MASONRY REPAIR PURSUANT TO ORDINANCE NO. 54, SERIES 2009. Sponsors: Jim King (D-10) and Cheri Bryant Hamilton (D-5) Attachments: O-063-14 FORGIVEABLE LOAN TO SHAWNEE GARDENS APARTMENTS 25. O-065-14 AN ORDINANCE AMENDING ORDINANCE NO. 111, SERIES 2008 AND ORDINANCE NO. 118, SERIES 2010 PERTAINING TO THE 2008-2009 AND 2010-2011 CAPITAL BUDGETS BY MOVING FUNDS FROM BUECHEL STREETSCAPE PROJECT AND BARDSTOWN ROAD (BUECHEL AREA) STREETSCAPE TO PRESTON HIGHWAY STREETSCAPE Sponsors: Jim King (D-10) Louisville Metro Government Page 17 Metro Council Meeting Minutes - Final January 30, 2014 26. R-033-14 A RESOLUTION RATIFYING A PERFORMANCE BOND FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CLERK. Sponsors: Jim King (D-10) Attachments: R-033-14 ATTACH SIGNED PERFORMANCE BOND R-033-14 CLERKS PERFORMANCE BOND Legislation assigned to COMMUNITY AFFAIRS 27. R-031-14 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $14,000 FROM ACTIVE VOICE, A PROJECT OF COMMUNITY INITIATIVES, TO BE A COMMUNITY ALLY IN THE TAKE YOUR PLACE SOCIAL ACTION CAMPAIGN Sponsors: David Tandy (D-4) Legislation assigned to LABOR & ECONOMIC DEVELOPMENT 28. R-017-14 A RESOLUTION APPROVING THE GRANTING OF LOCAL INDUCEMENTS TO TOTAL QUALITY LOGISTICS, LLC PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: David Tandy (D-4) Attachments: Resolution - Total Quality Logistics, LLC 6 Jan 2014 Metro Council Facts Sheet - Total Quality Logistics LLC 29. R-024-14 A RESOLUTION APPROVING THE GRANTING OF LOCAL INDUCEMENTS TO THERMAL ENGINEERING INTERNATIONAL (USA) INC. DBA TEI STRUTHERS WELLS PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: David Tandy (D-4) Attachments: Metro Council Facts Sheet - Thermal Engineering International (USA) Inc. dba TEi Struthers Wells Resolution - Thermal Engineering International (USA) Inc. dba TEi Struthers Wells 6 Jan 2014 30. R-025-14 A RESOLUTION APPROVING THE GRANTING OF LOCAL INDUCEMENTS TO A&R LOGISTICS, INC. PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: David Tandy (D-4) Attachments: Metro Council Facts Sheet - AR Logistics Inc Resolution - A&R Logistics, Inc. 6 Jan 2014 Louisville Metro Government Page 18 Metro Council Meeting Minutes - Final January 30, 2014 31. R-027-14 A RESOLUTION APPROVING THE GRANTING OF LOCAL INDUCEMENTS TO EUROFINS MWG OPERON INC. PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: David Tandy (D-4) Attachments: Metro Council Facts Sheet - Eurofins MWG Operon Inc Phase two Resolution - Eurofins MWG Operon Inc. 6 Jan 2014 32. R-028-14 A RESOLUTION APPROVING THE GRANTING OF LOCAL INDUCEMENTS TO LUBRIZOL ADVANCED MATERIALS, INC. PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: David Tandy (D-4) Attachments: Resolution - Lubrizol Advanced Materials, Inc. 6 Jan 2014 Metro Council Facts Sheet - Lubrizol Advanced Materials Inc Legislation assigned to PLANNING/ZONING, LAND DESIGN and DEVELOPMENT 33. O-064-14 AN ORDINANCE CHANGING THE ZONING FROM R-5A MULTI-FAMILY RESIDENTIAL TO PRD PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTIES LOCATED ALONG SOUTH WATTERSON TRAIL, VILLA SPRING DRIVE, PARKER GRANT COURT AND BRETT FRAZIER DRIVE CONTAINING 36.904 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 13ZONE1015). (Acton Required by March 19, 2014) Sponsors: Madonna Flood (D-24) Legislation assigned to PUBLIC SAFETY 34. O-061-14 AN ORDINANCE RELATING TO COMPLIANCE WITH AND THE ENFORCEMENT OF LOUISVILLE METRO CODE OF ORDINANCES CHAPTER 94 AND THE INSTALLATION OF SMOKE DETECTORS. Sponsors: James Peden (R-23) Attachments: SmokeDetectorOrdinance2014 Legislation assigned to PUBLIC WORKS, BRIDGES & TRANSPORTATION Louisville Metro Government Page 19 Metro Council Meeting Minutes - Final January 30, 2014 35. R-014-14 A RESOLUTION AUTHORIZING THE MAYOR’S SIGNATURE ENTERING INTO AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET CONCERNING A $60,000.00 GRANT FOR A HILL STREET SIDEWALK IMPROVEMENT PROJECT. Sponsors: Dan Johnson (D-21) Attachments: Agreement Hill St. Sidewalk CLERK: Read in full. PRESIDENT KING: Thank you, Mr. Clerk. Before we have a motion to adjourn the meeting, I would ask those Council Members that wish to make announcements, please remain in the Chambers and request to speak on your system. Adjournment PRESIDENT KING: Do I hear a motion to adjourn? COUNCILWOMAN SCOTT: So moved. COUNCILWOMAN AUBREY WELCH: Second. PRESIDENT KING: Without objection, we are adjourned. There being no further business, the Regular January 30, 3014 Metro Council meeting adjourned at 6:55 P.M. _________________________________ __________________________________ H. Stephen Ott, Metro Council Clerk Jim King, Metro Council President Louisville Metro Government Page 20