Metro Council

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Action Summary - Final 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) Thursday, May 8, 2014 6:00 PM Council Chambers Call to Order President King called the meeting to order at 6:03 p.m. and asked all to rise for the Pledge of Allegiance. Members Roll Call: Councilmember Flood arrived at 6:10pm, Councilmember Ward-Pugh arrived at 6:12pm, and Councilmember Tandy left at 6:16pm. Present: 24 - 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 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: 2- Council Member Kenneth C. Fleming (R-7) and Council Member Kelly Downard (R-16) Address to Council Louisville Metro Government Page 1 Metro Council Action Summary - Final May 8, 2014 1. ID 14-583 Address to Council - May 8, 2014 The Clerk called forward the following speaker: 1. Gracie Lewis (No show) Introduction of Page(s) 2. ID 14-555 Councilman Blackwell introduced Logan Morrison as the Page from District 12. Special Proclamation 3. ID 14-593 Councilwomen Parker and Aubrey Welch presented a special Proclamation - National Nurses Week Council Minutes 4. ID 14-582 Regular: Metro Council - April 24, 2014 A motion was made by Council Member Woolridge, seconded by Council Member Peden, that the April 24, 2014 Council Minutes be approved. The motion carried by voice vote. Committee Minutes 5. ID 14-592 Regular: Ad Hoc Committee on Annexation - April 22, 2014 6. ID 14-560 Regular: Committee of the Whole - April 24, 2014 7. ID 14-586 Regular: Committee on Sustainability - April 24, 2014 8. ID 14-585 Special: Public Safety Committee - April 28, 2014 9. ID 14-587 Regular: Ad Hoc Committee on Land Development Code - May 5, 2014 10. ID 14-594 Regular: Committee on Committees - May 6, 2014 11. ID 14-591 Special: Appropriations, NDF & CIFs Committee - May 7, 2014 A motion was made by Council Member Woolridge, seconded by Council Member Peden, that the Committee Minutes be approved. The motion carried by voice vote. Consent Calendar Legislation forwarded from APPROPRIATIONS, NDFS AND CIFS Louisville Metro Government Page 2 Metro Council Action Summary - Final May 8, 2014 12. O-302-14 AN ORDINANCE APPROPRIATING $10,607 FROM DISTRICT 14 NEIGHBORHOOD DEVELOPMENT FUNDS, TO BRIGHTSIDE FOR INSTALLATION OF LANDSCAPING AND LANDSCAPING MATERIALS FOR TWO NEW “BRIGHT SITES” AT DIXIE HIGHWAY AND THE I-265 GENE SNYDER FREEWAY INTERCHANGE. (Action Required By: October 2014) Sponsors: Cindi Fowler (D-14) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 071-2014 13. O-306-14 AN ORDINANCE APPROPRIATING A TOTAL OF $9,019 FROM DISTRICT 19 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA) FOR A MONUMENT STYLE SIGN AT THE BERRYTOWN FAMILY YMCA LOCATION. (Action Required By: October 2014) Sponsors: Jerry T. Miller (R-19) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 072-2014 Legislation forwarded from COMMITTEE ON SUSTAINABILITY 14. R-083-14 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $34,000 FROM THE PARKS FOUNDATION TO BE USED BY THE DEPARTMENT OF PARKS & RECREATION FOR RIVER CITY DRUM CORPS PROGRAMMING AT COMMUNITY CENTERS. (Action Required By: October 2014) Sponsors: Dan Johnson (D-21) This Resolution was adopted on the Consent Agenda. Enactment No: Resolution 043-2014 Approval of the Consent Agenda A motion was made by Council Member Woolridge, seconded by Council Member Johnson, to approve the Consent Agenda. The motion carried by the following vote: Yes: 22 - Scott, Shanklin, Woolridge, Hamilton, James, Owen, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Excused: 2- Fleming and Downard Absent: 2- Tandy and Ward-Pugh Louisville Metro Government Page 3 Metro Council Action Summary - Final May 8, 2014 Old Business 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 (As Amended). Sponsors: James Peden (R-23) A motion was made by Council Member Woolridge, seconded by Council Member Peden, that this Amended Ordinance be approved. Enactment No: Ordinance 073-2014 A motion was made by Council Member Peden, seconded by Council Member Woolridge, that this Ordinance be amended as follows: (New) SECTION II, (C) change the word "shall" to "may" in the sentence, "Costs of remediation shall be assessed to the Owner of the Dwelling or Dwelling Unit". As a technical correction = (New) SECTION I, (A) - Capitilize "a" in the word "all" and an "s" to the next word "dwelling". The motion carried by voice vote. Enactment No: Ordinance 073-2014 The motion to approve the Ordinance as amended carried by the following vote: Yes: 22 - Scott, Shanklin, Woolridge, Hamilton, James, Owen, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Excused: 2- Fleming and Downard Absent: 2- Tandy and Ward-Pugh Enactment No: Ordinance 073-2014 16. O-231-14 AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) §127.13 ET. AL., REGARDING BURGLAR AND HOLD-UP ALARM NOTIFICATIONS. Sponsors: David Yates (D-25) A motion was made by Council Member Woolridge, seconded by Council Member Peden, that this Ordinance be approved. The motion carried by the following vote: Yes: 21 - Scott, Shanklin, Woolridge, Hamilton, James, Owen, Ward-Pugh, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Miller, Johnson, Engel, Peden, Yates, Flood and Ackerson No: 2- Parker and Benson Absent: 3- Tandy, Fleming and Downard Enactment No: Ordinance 074-2014 Louisville Metro Government Page 4 Metro Council Action Summary - Final May 8, 2014 O-271-14 AN ORDINANCE APPROVING TEXT AMENDMENTS TO SECTIONS 2.6.4 AND 2.6.5 OF THE LAND DEVELOPMENT CODE CLARIFYING INDOOR AND OUTDOOR ALCOHOL SALES AND CONSUMPTION USES FOR RESTAURANTS AND ADDING TAVERNS AS A PERMITTED USE IN THE W-1 WATERFRONT AND THE W-2 WATERFRONT DISTRICTS AND BEING IN LOUISVILLE METRO (CASE NO. 14AMEND1000) (AS AMENDED).(Action Required By: October 2014) Sponsors: Madonna Flood (D-24) A motion was made by Council Member Peden, seconded by Council Member Woolridge, that this Amended Ordinance be approved. Enactment No: Ordinance 075-2014 A motion was made by Council Member Ackerson, seconded by Council Member Peden, that this Ordinance be amended as follows: TITLE: Strike "and adding taverns" First WHEREAS: fifth line, strike "and adding taverns" Second WHEREAS: first line, insert the word "part" following "Council concurs in" and insert the words "in part" following "and adopts"; second line, insert the words "in part" following "approves and accepts" Section I: beginning on the second line, strike "and adding taverns" EXHIBIT A, 2.6.4 W-1 Waterfront District, A. Permitted Uses: strike "Taverns" EXHIBIT A, 2.6.5 W-2 Waterfront District, A. Permitted Uses: strike "Taverns" The motion carried by voice vote. Enactment No: Ordinance 075-2014 The motion to approve the Ordinance as amended carried by the following vote: Yes: 23 - Scott, Shanklin, Woolridge, Hamilton, James, Owen, Ward-Pugh, King, Kramer, Blackwell, Welch, Fowler, Butler, Stuckel, Parker, Miller, Benson, Johnson, Engel, Peden, Yates, Flood and Ackerson Excused: 2- Fleming and Downard Absent: 1- Tandy Enactment No: Ordinance 075-2014 New Business The Clerk read the New Business items and their respective Committee assignments into the record. Louisville Metro Government Page 5 Metro Council Action Summary - Final May 8, 2014 Legislation assigned to AD HOC COMMITTEE ON ANNEXATION 18. O-340-14 AN ORDINANCE OF THE LOUISVILLE METRO COUNCIL TO APPROVE THE ANNEXATION BY JEFFERSONTOWN OF TWO TRACTS OF LAND WHOSE OWNERS HAVE CONSENTED TO ANNEXATION. Sponsors: Kelly Downard (R-16) and Kevin Kramer (R-11) Legislation assigned to AD HOC COMMITTEE ON VACANT PROPERTIES 19. O-303-14 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 153 OF LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES (LMCO) RELATING TO PLANNING. (Action Required By: October 2014) Sponsors: Attica Scott (D-1) Legislation assigned to BUDGET 20. O-311-14 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 FUNDS BETWEEN PROJECTS FOR THE FATHER MALONEY BOYS AND GIRLS HAVEN FUNDED THROUGH THE COMMUNITY SERVICES & REVITALIZATION FUND. (Action Required By: November 2014) Sponsors: Brent Ackerson (D-26) 21. R-105-14 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED NEW PROFESSIONAL SERVICE CONTRACT - (UNIVERSITY OF LOUISVILLE RESEARCH FOUNDATION, INC.- $38,414.00). (Action Required By: November 2014) Sponsors: Jerry T. Miller (R-19) Louisville Metro Government Page 6 Metro Council Action Summary - Final May 8, 2014 22. R-112-14 A RESOLUTION APPROVING THE 2014 ACTION PLAN BUDGET SUMMARY, ALLOCATING FUNDING RECEIVED FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP PROGRAM, EMERGENCY SOLUTIONS GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS, FOR THE LOUISVILLE/JEFFERSON COUNTY METRO 2014-15 FISCAL YEAR. (Action Required By: November 2014) Sponsors: Jim King (D-10), Marianne Butler (D-15) and Kelly Downard (R-16) Legislation assigned to PLANNING/ZONING, LAND DESIGN and DEVELOPMENT 23. O-329-14 AN ORDINANCE CHANGING THE ZONING FROM M-2 INDUSTRIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 729 EAST MARKET STREET CONTAINING 1.48 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 13ZONE1028). (Action Required By: July 17, 2014) Sponsors: Madonna Flood (D-24) 24. O-330-14 AN ORDINANCE CHANGING THE ZONING FROM M-2 INDUSTRIAL TO C-M COMMERCIAL MANUFACTURING ON PROPERTY LOCATED AT 13705 AIKEN ROAD CONTAINING 1.90 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 13ZONE1026). (Action Required By: July 17, 2014) Sponsors: Madonna Flood (D-24) 25. O-331-14 AN ORDINANCE CLOSING PORTIONS OF DONNA BOULEVARD, CLAIRE DEE DRIVE, CANTO LANE, VONDINE DRIVE, ARIA DRIVE, GLENWOOD CIRCLE AND UNNAMED RIGHTS-OF-WAY WITHIN THE RENAISSANCE SOUTH BUSINESS PARK AREA AND BEING IN LOUISVILLE METRO (CASE NO. 13STREETS1003). (Actoin Required By: November 2014) Sponsors: Vicki Aubrey Welch (D-13) and Madonna Flood (D-24) 26. O-335-14 AN ORDINANCE CLOSING GRINSTEAD DRIVE FROM STILZ AVENUE TO FRANKFORT AVENUE AND BEING IN LOUISVILLE METRO (CASE NO. 18784). (Action Required By: November 2014) Sponsors: Madonna Flood (D-24) Louisville Metro Government Page 7 Metro Council Action Summary - Final May 8, 2014 27. O-341-14 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON TRANSITIONAL HOUSING TO INCLUDE BOARDING AND LODGING HOUSING, AND HALFWAY SHELTERS IN THE AREAS DESCRIBED IN THE SHAWNEE NEIGHBORHOOD PLAN AND IN THE CHICKASAW AREA AS DELINEATED HEREIN, IN METRO LOUISVILLE. (Action Required By: November 2014) Sponsors: Cheri Bryant Hamilton (D-5) Legislation assigned to PUBLIC WORKS, BRIDGES & TRANSPORTATION 28. O-346-14 AN ORDINANCE AMENDING PRINCIPLE 8 - SIGNAGE FOR THE DOWNTOWN OVERLAY DISTRICT. (Action Required By: November 2014) Sponsors: David Tandy (D-4) 29. R-109-14 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT FUNDING FROM THE KENTUCKY BOARD OF EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF $10,000 TO PROVIDE TRAINING AND EDUCATION FOR STAFF TO BE ADMINISTERED BY THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES. (Action Required By: November 2014) Sponsors: David Yates (D-25) 30. R-111-14 A RESOLUTION CHANGING THE NAME OF THE PORTLAND COMMUNITY CENTER TO THE MOLLY LEONARD COMMUNITY CENTER. (Action Required By: November 2014) Sponsors: Cheri Bryant Hamilton (D-5) Adjournment A motion was made by Council Member Woolridge, seconded by Council Member Owen to adjourn. Without objection the meeting adjourned at 6:36pm. Announcements Louisville Metro Government Page 8