Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Action Summary - Final Thursday, January 22, 2015 6:00 PM Council Chambers Metro Council (D) – Jessica Green (1), (D) – Barbara Shanklin (2), (D) – Mary C. Woolridge (3), (D) – David Tandy (4), (D) – Cheri Bryant Hamilton (5), (D) – David James (6), (R) – Angela Leet (7), (D) – Tom Owen (8), (D) – Bill Hollander (9), ( ) – Vacant (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) – Julie Denton (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: David Tandy (4) Pro-Tem: David James (6) Metro Council Action Summary - Final January 22, 2015 Call to Order With the untimely death of President King, President Pro Tem David James chaired this meeting of the Metro Council and called it to order at 6:05 PM. President Pro Tem David James asked all to rise for the Pledge of Allegiance. Members Roll Call Present: 24 - Council Member Jessica Green (D-1), Council Member Barbara Shanklin (D-2), Council Member Mary C. Woolridge (D-3), Council President David Tandy (D-4), Council Member Cheri Bryant Hamilton (D-5), Council Member David James (D-6), Council Member Angela Leet (R-7), Council Member Tom Owen (D-8), Council Member Bill Hollander (D-9), Council Member Vacant (10), Council Member Kevin Kramer (R-11), Council Member Rick Blackwell (D-12), Council Member Cindi Fowler (D-14), Council Member Marianne Butler (D-15), Council Member Kelly Downard (R-16), Council Member Marilyn Parker (R-18), Council Member Julie Denton (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 Madonna Flood (D-24), Council Member David Yates (D-25) and Council Member Brent Ackerson (D-26) Excused: 2- Council Member Vicki Aubrey Welch (D-13) and Council Member Glen Stuckel (R-17) Jefferson County Attorney Sarah Martin, Assistant County Attorney, Paul Whitty, Assistant County Attorney, and Nick Lococo, Assistant County Attorney Clerks H. Stephen Ott, CKMC and Jess Helton, CKMC Suspension of Council Rule 7.01 Without objection Metro Council Rule 7.01 was suspended. Recognition of the late President and Councilman James O. King, Jr. The Metro Council recognized and honored the family of the late Metro Councilman and President James O. King, Jr. Louisville Metro Government Page 1 Metro Council Action Summary - Final January 22, 2015 Special Resolution It was requested for the Clerk to read the Resolution into the record. WHEREAS, James O. “Jim” King was elected to the Metro Council to represent the 10th District of Louisville in 2004; and WHEREAS, Councilman King was elected as Vice Chair of the Democratic Caucus in 2005 and was subsequently elected and re-elected as Caucus Chair and Majority Leader in 2006 and 2007; and WHEREAS, Councilman King was elected in 2008 as Metro Council President; and, WHEREAS, President King was re-elected as President from 2011 - 2015 for an unprecedented five consecutive terms; and WHEREAS, President King was a tenacious, innovative and brilliant negotiator for City services, projects and initiatives; and WHEREAS, President King was an enthusiastic, committed and tireless supporter of his hometown – Louisville; and WHEREAS, President King was instrumental in settling the 2011 labor dispute for the Louisville Orchestra; and WHEREAS, President King served on countless boards including the Louisville Arena Authority, the University of Louisville Athletic Association, the University of Louisville Board of Overseers, the Kentucky Derby Festival, the Louisville Orchestra, Simmons Bible College, and was a former board member of the Boys and Girls Clubs of Kentuckiana and the Frankfort Avenue Business Association; and WHEREAS, President King was an accomplished and astute businessman, that served as Chairman of both the Kentucky Bankers Association and Community Bankers Association; and WHEREAS, President King was an avid sports fan and supporter of both St. Xavier High School and the University of Louisville; and WHEREAS, President King was a dedicated husband, father, grandfather, brother, colleague, community servant and devoted leader; and WHEREAS, His service was given willingly and cheerfully as he contributed immeasurably to the quality of life in Metro Louisville until his death. NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS: SECTION I: We hereby confer and pay tribute to him by way of this Resolution with all rights, privileges, and responsibilities thereunto appertaining. In testimony, we have caused these letters to be made and the seal of Metro Government to be hereunto affixed. Done in Louisville, Kentucky this 22nd Day of January 2015. SECTION II. This Resolution shall take effect upon its passage and approval. Louisville Metro Government Page 2 Metro Council Action Summary - Final January 22, 2015 1. R-018-15 A RESOLUTION HONORING THE LIFE AND LEGACY OF COUNCIL PRESIDENT JIM KING: COLLEAGUE, CPA, BUSINESS AND COMMUNITY LEADER, AND FRIEND TO MANY. (Action Required By: July 2015) Sponsors:Brent Ackerson (D-26), Stuart Benson (R-20), Rick Blackwell (D-12), Marianne Butler (D-15), Julie Denton (R-19), Kelly Downard (R-16), Robin Engel (R-22), Madonna Flood (D-24), Cindi Fowler (D-14), Jessica Green (D-1), Cheri Bryant Hamilton (D-5), Bill Hollander (D-9), David James (D-6), Dan Johnson (D-21), Kevin Kramer (R-11), Angela Leet (R-7), Tom Owen (D-8), Marilyn Parker (R-18), James Peden (R-23), Barbara Shanklin (D-2), Glen Stuckel (R-17), David Tandy (D-4), Vicki Aubrey Welch (D-13), Mary C. Woolridge (D-3) and David Yates (D-25) A motion was made by Council Member Hamilton, seconded by Council Member Woolridge, that this Resolution be adopted. The motion carried by a voice vote. Enactment No: Resolution 002-2015 Comments from the Metro Council Members A motion was made by Council Member Owen, seconded by Council Member Benson, to recess for fifteen minutes. The motion carried by voice vote. The Council went into Recess at 6:56PM and reconvened at 7:11PM. Introduction of Page(s) 2. ID 15-048 Councilwoman Green introduced Devin Rowan and James Richards as the Pages from District 1. Address to Council 3. ID 15-047 Addresses to Council - January 22, 2015 Attachments: 1-22-15 Address to Council Agenda The Clerk called forward the following speakers: 1. Connie Marshall (No show) District 3 Topic: Public Defecation/Urination in Protest of LMPD Suspension of Council Rule 11.01 Without objection Metro Council Rule 11.01 was suspended. Special Legislation Louisville Metro Government Page 3 Metro Council Action Summary - Final January 22, 2015 4. R-017-15 A RESOLUTION AMENDING SECTION 10.07 OF THE RULES OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT COUNCIL (Action Required By: July 2015) Sponsors:David James (D-6) A motion was made by Council Member Woolridge, seconded by Council Member Johnson, that this Resolution be adopted. The motion carried by a voice vote. Enactment No: Resolution 003-2015 Election of Metro Council President - 2015 With Councilman Blackwell's nomination, District 4 Councilman David Tandy, having acquired the necessary votes, is the President of the Metro Council for 2015. Comments from the New Metro Council President Council Minutes 5. ID 15-026 Regular: Metro Council - January 5, 2015 Attachments: 01-05-15 Action Summary 01-05-15 UNEDITED Transcript A motion was made by Council Member Woolridge, seconded by Council Member James, that the Council Minutes be approved. The motion carried by a voice vote. Committee Minutes 6. ID 15-028 Special: Ad Hoc Committee on Budget - January 12, 2015 Attachments: 01-12-15 Action Summary for Ad Hoc Comm Budget 7. ID 15-042 Special: Committee on Committees - January 20, 2015 Attachments: 01-20-15 COC Action Summary A motion was made by Council Member Woolridge, seconded by Council Member James, that the Committee Minutes be approved. The motion carried by a voice vote. Communication From the Mayor The Clerk read the following appointments into the record. The appointments needing Council approval were assigned to the Committee on Appointments. Louisville Metro Government Page 4 Metro Council Action Summary - Final January 22, 2015 8. ID 15-031 Kentuckiana Works-Workforce Investment Board - William (Kent) Oyler (New Appointment) Attachments: APT Kentuckiana Works -1-19-15 9. ID 15-033 SPOT Fund, Inc.’s Board - Kate Bringardner, Stephanie Gumm, (New Appointments) Metro Council approval is not required. Attachments: APTS SPOT Board 1 19 2015- Council approval not required 1 Consent Calendar Legislation forwarded from AD HOC COMMITTEE ON BUDGET 10. O-001-15 AN ORDINANCE OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, PROVIDING FOR AND AUTHORIZING THE ISSUANCE OF CERTAIN GENERAL OBLIGATION BONDS AND NOTES OF THE METRO GOVERNMENT IN ONE OR MORE SERIES TO FINANCE THE COSTS OF THE DEVELOPMENT OF THE CENTER CITY PROJECT IN THE LOUISVILLE DOWNTOWN REVITALIZATION DISTRICT DEVELOPMENT AREA; SETTING FORTH THE TERMS AND CONDITIONS ON WHICH THE BONDS AND NOTES ARE TO BE ISSUED AND PROVIDING FOR A COMPETITIVE, ADVERTISED SALE THEREOF; DEFINING AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS AND NOTES AND PROVIDING FOR THE APPLICATION OF THE PROCEEDS THEREOF; AND TAKING OTHER RELATED ACTION RELATING TO THE ISSUANCE AND SALE OF THE BONDS AND NOTES. (Action Required By: July 2015) Sponsors:Marianne Butler (D-15), Jim King (D-10) and David Tandy (D-4) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 003-2015 Louisville Metro Government Page 5 Metro Council Action Summary - Final January 22, 2015 11. O-003-15 AN ORDINANCE OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, AUTHORIZING AND DIRECTING THE PARKING AUTHORITY OF RIVER CITY, INC., TO ISSUE ITS TAXABLE FIRST MORTGAGE REVENUE BONDS (CENTER CITY GARAGE PROJECT) TO FINANCE THE ACQUISITION AND DEVELOPMENT OF PARKING FACILITIES TO BE LOCATED IN THE CENTER CITY PROJECT IN THE CENTRAL DOWNTOWN REVITALIZATION DISTRICT DEVELOPMENT AREA; AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INDENTURE AND SUPPLEMENTAL LEASE NECESSARY TO EFFECT THE ISSUANCE OF SUCH BONDS; AND TAKING OTHER RELATED ACTION. (Action Required By: July 2015) Sponsors:Marianne Butler (D-15), Jim King (D-10) and David Tandy (D-4) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 004-2015 Approval of the Consent Agenda A motion was made to approve the Consent Agenda. The motion carried by the following vote: Yes: 23 - Green, Shanklin, Woolridge, Tandy, Hamilton, James, Leet, Owen, Hollander, (10), Kramer, Blackwell, Fowler, Butler, Downard, Parker, Denton, Benson, Johnson, Engel, Peden, Flood and Yates Present: 1- Ackerson Excused: 2- Welch and Stuckel Old Business Louisville Metro Government Page 6 Metro Council Action Summary - Final January 22, 2015 12. O-002-15 AN ORDINANCE AMENDING ORDINANCE NO. 179, SERIES 2007 IN ORDER TO AMEND THE BOUNDARIES OF THE CENTRAL DOWNTOWN REVITALIZATION DISTRICT DEVELOPMENT AREA, APPROVING ENTERING INTO A SECOND AMENDED AND RESTATED LOCAL PARTICIPATION AGREEMENT, REDUCING THE AMOUNT OF THE MINIMUM CAPITAL INVESTMENT DECLARING CERTAIN PROPERTIES SURPLUS AND AUTHORIZING THEIR SALE AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY OTHER DOCUMENTS AND THE TAKING OF ANY OTHER ACTIONS NECESSARY TO ACCOMPLISH THE PURPOSE AUTHORIZED BY THIS ORDINANCE AND AMENDING ORDINANCE NO. 102, SERIES 2014 RELATING TO THE FISCAL YEAR 2014-15 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY AUTHORIZING AN ADDITIONAL APPROPRIATION TO THE OFFICE OF MANAGEMENT AND BUDGET IN ACCORDANCE WITH A CERTAIN DEVELOPMENT AGREEMENT ENTERED INTO JULY 5, 2001, AS AMENDED, AND AUTHORIZING THE CHIEF FINANCIAL OFFICER TO ENTER INTO A LINE OF CREDIT NOT TO EXCEED $2,250,000 TO MEET CERTAIN CONTRACTUAL OBLIGATIONS. (AS AMENDED) (Action Required By: July 2015) Sponsors:Marianne Butler (D-15), Jim King (D-10) and David Tandy (D-4) Attachments: O-002-15 PROPOSED COMM AMEND General Ordinance, LPA, Note, Map, etc. O-002-15 General Ordinance ATTACH 2 O-002-15 General Ordinance ATTACH 1 A motion was made by Council Member Woolridge, seconded by Council Member Leet, that this Ordinance be approved. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar. by the following vote: Yes: 22 - Green, Shanklin, Woolridge, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Fowler, Butler, Downard, Parker, Denton, Benson, Johnson, Engel, Peden, Flood and Yates Present: 1- Ackerson Excused: 2- Welch and Stuckel Absent: 1- (10) Enactment No: Ordinance 005-2015 New Business The Clerk read the following legislation into the record for a first reading. Legislation assigned to APPROPRIATIONS, NDFS AND CIFS Louisville Metro Government Page 7 Metro Council Action Summary - Final January 22, 2015 13. O-004-15 AN ORDINANCE APPROPRIATING $7,000 FROM NEIGHBORHOOD DEVELOPMENT FUNDS IN THE FOLLOWING MANNER: $1,500 EACH FROM DISTRICTS 13, 3; $3,000 FROM DISTRICT 5; $1,000 FROM DISTRICT 9, TO METRO PARKS FOR THE ENGAGING CHILDREN OUTDOORS (ECHO) PROGRAM. (Action Required By: July 2015) Sponsors:Vicki Aubrey Welch (D-13), Mary C. Woolridge (D-3), Cheri Bryant Hamilton (D-5) and Bill Hollander (D-9) 14. O-008-15 AN ORDINANCE APPROPRIATING $9,605 FROM NEIGHBORHOOD DEVELOPMENT FUNDS IN THE FOLLOWING MANNER: $3,825 FROM DISTRICT 4; $395 EACH FROM DISTRICTS 14, 5, 15, 26, 10, 2, 6, 13, 21, 12, 3, 8, 23, 24; $250 FROM DISTRICT 25 , THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO ACTORS THEATRE OF LOUISVILLE, INC. FOR COSTS ASSOCIATED WITH THE PRODUCTION OF A COMMUNITY CONVERSATION - “THE BROTHERS SIZE” INCLUDING POSTAGE, PRINTING, PROMOTION AND TICKET SUBSIDIES. (Action Required By: July 2015) Sponsors:David Tandy (D-4), Barbara Shanklin (D-2), Mary C. Woolridge (D-3), Cheri Bryant Hamilton (D-5), David James (D-6), Tom Owen (D-8), Jim King (D-10), Rick Blackwell (D-12), Vicki Aubrey Welch (D-13), Cindi Fowler (D-14), Marianne Butler (D-15), Dan Johnson (D-21), James Peden (R-23), Brent Ackerson (D-26), David Yates (D-25) and Madonna Flood (D-24) Legislation assigned to Budget 15. O-009-15 AN ORDINANCE AMENDING ORDINANCE NO. 102, SERIES 2014, RELATING TO THE FISCAL YEAR 2014-15 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING $20,000 OF FUNDING FROM THE NEIGHBORHOOD DEVELOPMENT FUND (DISTRICT 15) TO THE METRO COUNCIL GENERAL OPERATIONS (DISTRICT 15). (Action Required By: July 2015) Sponsors:Marianne Butler (D-15) Legislation assigned to COMMITTEE ON APPOINTMENTS 16. AP012215WO APPOINTMENT OF WILLIAM (KENT) OYLER TO THE KENTUCKIANA WORKS - WORKFORCE INVESTMENT BOARD. TERM EXPIRES FEBRUARY 28, 2018. Attachments: APT Kentuckiana Works -1-19-15 Legislation assigned to COMMITTEE ON CONTRACTS Louisville Metro Government Page 8 Metro Council Action Summary - Final January 22, 2015 17. R-002-15 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED NEW PROFESSIONAL SERVICE CONTRACT - (RUSS BASSETT CORPORATION - $23,000.00). (Action Required by: July 2015) Sponsors:Cheri Bryant Hamilton (D-5) Attachments: R-002-15 ATTACH Legislation assigned to COMMITTEE ON SUSTAINABILITY 18. O-011-15 AN ORDINANCE AMENDING ORDINANCE NO. 101, SERIES 2014, RELATING TO THE 2014-2015 CAPITAL BUDGET BY ESTABLISHING CAPITAL PROJECT WILDERNESS LOUISVILLE AT JEFFERSON MEMORIAL FOREST AND AUTHORIZE THE MAYOR TO ACCEPT ON BEHALF OF THE LOUISVILLE METRO PARKS A DONATION FROM WILDERNESS LOUIVILLE INC. IN THE AMOUNT OF $103,634.74 TO PROVIDE INITIAL FUNDING FOR CAPITAL PROJECT. (Action Required By: July 2015) Sponsors:David James (D-6) Legislation assigned to PLANNING/ZONING, LAND DESIGN and DEVELOPMENT 19. O-007-15 AN ORDINANCE CLOSING A PORTION OF ROSEMONT AVENUE RUNNING FROM MIDLAND AVENUE TO THE WEST APPROXIMATELY 445 FEET AND CONTAINING 14,053 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 14STREETS1006). (Action Required By: July 2015) Sponsors:Madonna Flood (D-24) Attachments: 14STREETS1006 PC minutes 12.18.14 14STREETS1006 legal desc 14STREETS1006 staff rpts 14STREETS1006 DRC minutes 12.17.14 14STREETS1006 plat Louisville Metro Government Page 9 Metro Council Action Summary - Final January 22, 2015 20. O-010-15 AN ORDINANCE CLOSING A PORTION OF S 20TH STREET SOUTH OF ANDERSON STREET, A PORTION OF KENDALL COURT SOUTH OF ANDERSON STREET AND A PORTION OF AN UNNAMED ALLEY SOUTH OF ANDERSON STREET, ALL THREE CLOSINGS CONTAINING A TOTAL OF 8,163 SQUARE FEET, AND BEING IN LOUISVILLE METRO (CASE NO. 14STREETS1004). (Action Required By: July 2015) Sponsors:Madonna Flood (D-24) Attachments: 14STREETS1004 PC minutes 12.18.14 14STREETS1004 staff rpts 14STREETS1004 plats AND legal desc Legislation assigned to PUBLIC SAFETY 21. R-014-15 A RESOLUTION RECOGNIZING THE AUTHORITY OF THE JEFFERSON COUNTY SHERIFF TO MAKE APPLICATION FOR AND ENTER INTO AGREEMENTS WITH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR PROJECTS TO OBTAIN PROTECTIVE SAFETY VESTS, TASERS, MOBILE DATA COMPUTERS, AND RADIO AND SPECIAL TEAM EQUIPMENT, TO EXECUTE ANY DOCUMENTS WHICH ARE DEEMED NECESSARY BY KOHS TO FACILITATE AND ADMINISTER THESE PROJECTS AND TO ACT AS THE AUTHORIZED CORRESPONDENT FOR THESE PROJECTS. (Action Required By July 2015) Sponsors:David James (D-6) Legislation assigned to PUBLIC WORKS, BRIDGES & TRANSPORTATION 22. R-013-15 A RESOLUTION HONORING THE LIFE AND LEGACY OF JUANITA PAULINE BURKS. (Action Required By: July 2015) Sponsors:David Tandy (D-4), Jessica Green (D-1), Cheri Bryant Hamilton (D-5), David James (D-6), Barbara Shanklin (D-2) and Mary C. Woolridge (D-3) Adjournment A motion was made by Council Member Hamilton, seconded by Council Member Woolridge, that the meeting be adjourned. Without objection the meeting adjourned at 7:53PM. Announcements Louisville Metro Government Page 10