Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Action Summary - Final Thursday, June 25, 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), (D) – Steve Magre (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 June 25, 2015 Call to Order President Tandy called the meeting to order at 6:03pm and asked all to rise for the Pledge of Allegiance. Members Roll Call Present: 26 - 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 Kevin Kramer (R-11), Council Member Rick Blackwell (D-12), Council Member Steve Magre (D-10), Council Member Vicki Aubrey Welch (D-13), Council Member Cindi Fowler (D-14), Council Member Marianne Butler (D-15), Council Member Kelly Downard (R-16), Council Member Glen Stuckel (R-17), 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) Supporting Staff Beth Stenberg, Metro Council Finance Deborah Bilitski, Jefferson County Attorney's Office Clerks H. Stephen Ott, CKMC Rebbeca Simmons, Assistant Clerk Introduction of Page(s) ID 15-643 Council Member Kramer introduced Caitlyn Johnson and Christian McDonald as the pages for District 11. Address to Council Louisville Metro Government Page 1 Metro Council Action Summary - Final June 25, 2015 1. ID 15-638 Addresses to Council for June 25, 2015 Attachments: 6-25-15- Address to Council Agenda The Clerk called forward the following speakers: 1. Connie Marshall District 3 Topic: Space Based Weapons 2. District of Self District 9 Topic: State Preservation Act 3. Antonio Polen (No show) District 25 Topic: Space Based Weapons 4. Thomas Reed District 4 Topic: Rights being Violated 5. Mike Pandolfo District 4 Topic: Opposition to Site Location of Natures Methane 6. William Weigel (No show) District Topic: Opposition to Site Location of Natures Methane Guests 2. ID 15-600 President Tandy introduced Jefferson County Clerk Bobbie Holsclaw 3. ID 15-616 President Tandy introduced Lorri Roberts, Brightside, to present the 2015 Brightside Golden Broom Award. 4. ID 15-621 Council Member Peden introduced Fire Chiefs Kevin Tyler, Harrods Creek; Dave Goldsmith, Highview; and Chris Gosnell, Okolona. 5. ID 15-634 Council Member Fowler introduced Carolyn Midkiff and Tammy Sharp: Jefferson County Soil and Water Conservation District 2015 Master Conservationist Award Special Proclamation Louisville Metro Government Page 2 Metro Council Action Summary - Final June 25, 2015 6. ID 15-633 Council Member Fowler recognized supporters of the LEGO/Robotics Learning Program: Mike Kirkland, Ricardo Quiroga, & Ray Springsteen and presented them with a Proclamation ID 15-644 President Tandy recognized Yvonne Wilson and presented a special Proclamation Council Minutes 7. ID 15-602 Regular: Metro Council - June 11, 2015 Attachments: 06-11-15 Action Summary 06-11-15 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 8. ID 15-607 Regular: Committee of the Whole - June 11, 2015 Attachments: 06-11-15 COW Action Summary 9. ID 15-613 Regular: Planning/Zoning, Land Design and Development Committee - June 16, 2015 Attachments: 6-16-15 P&Z Action Summary 10. ID 15-620 Regular: Budget Committee - June 18, 2015 Attachments: 06-18-15 Budget Action Summary 11. ID 15-629 Special: Public Safety Committee - June 19, 2015 Attachments: 06-19-15 Public Safety Spec Action Summary Final 12. ID 15-632 Regular: Ad Hoc Committee on Land Development Code - June 22, 2015 Attachments: 062315 Ad Hoc LDC Action Summary Louisville Metro Government Page 3 Metro Council Action Summary - Final June 25, 2015 13. ID 15-636 Special: Committee on Health, Education and Housing - June 23, 2015 Attachments: Health Action Summary 062315 062315 NPCC Petition WIC Closures 14. ID 15-639 Special: Appropriations, NDFs and CIFs Committee - June 23, 2015 Attachments: Approps Action Summary 062315 15. ID 15-630 Special: Budget Committee - June 23, 2015 Attachments: 06-23-15 Budget Action Summary 06-23-15 Capital - Operating Amendments 06-23-15 Language Amendments to Capital & Operating 06-23-15 Community Wide Recommended Revenue & Expenses Excel 06-23-15 Additional Recommendations for EAFs 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 appointments into the record. Those requiring Council approval were assigned to the Committee on Contracts and Appointments. 16. ID 15-626 Fairdale Fire Protection District Board - Larry Hicks (New Appointment) Attachments: APT FAIRDALE FIRE PROTECTION DISTRICT 6.22.15 17. ID 15-627 Lyndon Fire Protection District Board - Edward Haines (New Appointment) Attachments: APT LYNDON FIRE PROTECTION DISTRICT 6 22 2015 18. ID 15-628 Worthington Fire Protection District - Walter Zalewski (New Appointment) Attachments: APT WORTHINGTON FIRE PROTECTION DISTRICT BOARD 6.22.15 Consent Calendar Legislation forwarded from BUDGET Louisville Metro Government Page 4 Metro Council Action Summary - Final June 25, 2015 19. O-137-15 AN ORDINANCE AMENDING ORDINANCE NO. 107, SERIES 2013 PERTAINING TO THE 2013-2014 CAPITAL BUDGET AS AMENDED BY ORDINANCE NO. 159, SERIES 2013, AND ORDINANCE NO. 98, SERIES 2014 BY AMENDING EXISTING KENTUCKY TRANSPORTATION PROJECT TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION. (Action Required By: December 2015) Sponsors:James Peden (R-23) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 097-2015 20. O-138-15 AN ORDINANCE AMENDING ORDINANCE NO. 101, SERIES 2014 AND ORDINANCE NO. 102, SERIES 2014 RELATING TO THE FISCAL YEAR 2014-15 CAPITAL AND OPERATING BUDGET, RESPECTIVELY, BY TRANSFERRING $18,136.68 FROM THE DISTRICT 18 NEIGHBORHOOD DEVELOPMENT FUND TO THE DISTRICT 18 CAPITAL INFRASTRUCTURE FUND. (Action Required By: December 2015) Sponsors:Marilyn Parker (R-18) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 098-2015 21. O-139-15 AN ORDINANCE AMENDING ORDINANCE NO. 101, SERIES 2014 AND ORDINANCE NO. 102, SERIES 2014 RELATING TO THE FISCAL YEAR 2014-15 CAPITAL AND OPERATING BUDGET, RESPECTIVELY, BY TRANSFERRING $5,000 FROM THE DISTRICT 5 CAPITAL INFRASTRUCTURE FUND TO THE DISTRICT 5 NEIGHBORHOOD DEVELOPMENT FUND. (Action Required By: December 2015) Sponsors:Cheri Bryant Hamilton (D-5) This Ordinance was passed on the Consent Agenda. Enactment No: Ordinance 099-2015 Legislation forwarded from PUBLIC SAFETY Louisville Metro Government Page 5 Metro Council Action Summary - Final June 25, 2015 22. R-103-15 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED RENEWAL SOLE SOURCE CONTRACT - (UNISYS CORPORATION - $50,000.00). (Action Required By: December 2015). Sponsors:David Yates (D-25) Attachments: SKMBT_42315052614430 Technology - Contract (Sole Source) with Unisys Corporation Fiscal Year 2014-2015 Resolution Only 012815 This Resolution was adopted on the Consent Agenda. Enactment No: Resolution 061-2015 23. R-113-15 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED RENEWAL PROFESSIONAL SERVICE CONTRACT - (LOUISVILLE FEDERATION OF MUSICIANS LOCAL NUMBER 11-637 - $30,000.00). (Action Required By: December 2015) Sponsors:David Tandy (D-4) Attachments: LFM Contract Pkt w-Resolution 6-25-15 MC Mtg This Resolution was adopted on the Consent Agenda. Enactment No: Resolution 062-2015 Approval of the Consent Agenda A motion was made by Council Member Woolridge, seconded by Council Member James, to approve the Consent Agenda. The motion carried by the following vote: Yes: 26 - Green, Shanklin, Woolridge, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson Old Business Louisville Metro Government Page 6 Metro Council Action Summary - Final June 25, 2015 24. O-095-15 AN ORDINANCE CHANGING THE ZONING FROM R-7 MULTI-FAMILY RESIDENTIAL TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 3901 WEST MARKET STREET CONTAINING 24,000.00 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 14ZONE1030) (Action Required By: July 1, 2015)(AS AMENDED). Sponsors:Madonna Flood (D-24) Attachments: 6-16-15 14ZONE1030 Presentation 14ZONE1030_PC Minutes 14ZONE1030_Other Minutes 14ZONE1030_Staff Reports 14ZONE1030_Legal Description 14ZONE1030_App Justification 14ZONE1030_App Booklet 14ZONE1030_Approved Plan 14ZONE1030_Updated Elevations 6-15-15 A motion was made by Council Member Woolridge, seconded by Council Member Johnson, that this Ordinance be approved. The motion carried by the following vote and the Ordinance passed: Yes: 25 - Green, Shanklin, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson No: 1- Woolridge Enactment No: Ordinance 100-2015 Louisville Metro Government Page 7 Metro Council Action Summary - Final June 25, 2015 25. O-127-15 AN ORDINANCE CHANGING THE ZONING FROM R-5A RESIDENTIAL MULTI-FAMILY TO R-6 RESIDENTIAL MULTI-FAMILY ON PROPERTY LOCATED AT 2160 SHERWOOD AVENUE CONTAINING .1393 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 14ZONE1007). (Action Required By: August 5, 2015) Sponsors:Madonna Flood (D-24) Attachments: 6-16-15 14ZONE1007 Presentation 14ZONE1007 PC minutes 05.07.15 14ZONE1007 LDT minutes 04.09.15 14ZONE1007 staff rpts 14ZONE1007 citizen letters 14ZONE1007 FOF 14ZONE1007 justification stmt 14ZONE1007 Plan 14ZONE1007 legal desc updated A motion was made by Council Member James, seconded by Council Member Woolridge, that this Ordinance be approved. The motion carried by the following vote and the Ordinance passed: Yes: 26 - Green, Shanklin, Woolridge, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson Enactment No: Ordinance 101-2015 Louisville Metro Government Page 8 Metro Council Action Summary - Final June 25, 2015 26. O-140-15 AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTIES LOCATED AT 11712 AND 11720 DIXIE HIGHWAY CONTAINING 0.81 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 15ZONE1001). (Action Required By: August 21, 2015) Sponsors:Madonna Flood (D-24) Attachments: 6-16-15 15ZONE1001 Presentation 15ZONE1001_Public Hearing Minutes 15ZONE1001_Other Minutes 15ZONE1001_Staff Reports 15ZONE1001_Legal Description 15ZONE1001_Applicant Justification 15ZONE1001_Applicant Booklet 15ZONE1001_Approved Signed Plan 15ZONE1001_Binding Elements A motion was made by Council Member Woolridge, seconded by Council Member Johnson, that this Ordinance be approved. The motion carried by the following vote and the Ordinance passed: Yes: 25 - Green, Shanklin, Woolridge, Tandy, Hamilton, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson Absent: 1- James Enactment No: Ordinance 102-2015 Louisville Metro Government Page 9 Metro Council Action Summary - Final June 25, 2015 27. O-135-15 AN ORDINANCE RELATING TO THE 2015-2016 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT INCLUDING APPROPRIATIONS AND AUTHORIZATIONS FOR OPERATION, MAINTENANCE, SUPPORT, AND FUNCTIONING OF THE GOVERNMENT AND ITS VARIOUS OFFICERS, DEPARTMENTS, COMMISSIONS, INSTITUTIONS, AGENCIES, AND OTHER METRO-SUPPORTED ACTIVITIES. (Action Required By: June 30, 2015) (See Attachments for full budget document.) Sponsors:Cheri Bryant Hamilton (D-5) Attachments: O-135-15 FLOOR AMEND FY16 Operating Ordinance - Language Amendments as of 06 25 15 Council Member Woolridge - Budget Statement 06-25-15 O-135-15 COMM AMEND FY16 Operating Ordinance - DRAFT as of 06 25 15 12pm O-135-15 Copy of FY16 Operating Ordinance from OMB O-135-15 Exhibit to Operating Ordinance 6-9-15 for Component Units 062315 FY16 Budget Highlights PP June 23 Committee Version 06-23-15 Capital - Operating Amendments 06-23-15 Language Amendments to Capital & Operating 06-23-15 Community Wide Recommended Revenue & Expenses Excel 06-23-15 Additional Recommendations for EAFs FY16 Budget PP June Final Version A motion was made by Council Member James, seconded by Council Member Woolridge, that this Ordinance be approved. Enactment No: Ordinance 103-2015 A motion was made by Council Member Hamilton, seconded by Council Member Downard, that this Ordinance be amended. President Tandy called on Beth Stenberg, Metro Council Finance, to read into the record the Floor Amendments for the Operating Budget. (See attachments) The motion to amend carried by a voice vote. Enactment No: Ordinance 103-2015 Louisville Metro Government Page 10 Metro Council Action Summary - Final June 25, 2015 Council Member Woolridge read a statement into the record. (See attachments) Council Member Johnson called the question. Without objection the question was called. The motion to approve carried by the following vote and the Ordinance as amended passed: (Amended version forthcoming) Yes: 25 - Green, Shanklin, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson No: 1- Woolridge Enactment No: Ordinance 103-2015 28. O-136-15 AN ORDINANCE RELATING TO THE 2015-2016 CAPITAL BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT INCLUDING APPROPRIATIONS AND AUTHORIZATIONS OF FUNDS FOR GENERAL CONSTRUCTION, MAINTENANCE, REPAIR AND IMPROVEMENT OF THE FACILITIES AND ASSETS OF THE GOVERNMENT OF LOUISVILLE/JEFFERSON COUNTY AND OTHER LOUISVILLE METRO-SUPPORTED ACTIVITIES FOR 2015-16. (AS AMENDED) (Action Required By: June 30, 2015) (See Attachments for full budget document.) Sponsors:Cheri Bryant Hamilton (D-5) Attachments: O-136-15 FLOOR AMEND FY16 Capital Ordinance - as of 06 25 15 O-136-15 FLOOR AMEND FY16 Capital Ordinance - Language Amendments as of 06 25 15 O-136-15 COMM AMEND FY16 Capital Ordinance with Council Amendments 06 25 15 O-136-15 Copy of FY16 Capital Ordinance from OMB 062315 FY16 Budget Highlights PP June 23 Committee Version 06-23-15 Capital - Operating Amendments 06-23-15 Language Amendments to Capital & Operating 06-23-15 Community Wide Recommended Revenue & Expenses Excel 06-23-15 Additional Recommendations for EAFs FY16 Budget PP June Final Version A motion was made by Council Member Shanklin, seconded by Council Member Welch, that this Ordinance be approved. Enactment No: Ordinance 104-2015 Louisville Metro Government Page 11 Metro Council Action Summary - Final June 25, 2015 A motion was made by Council Member Hamilton, seconded by Council Member Downard, that this Ordinance be amended. President Tandy called on Beth Stenberg, Metro Council Finance, to read into the record the Floor Amendments for the Capital Budget. (See attachments) The motion to amend carried by a voice vote. Enactment No: Ordinance 104-2015 The motion to approve carried by the following vote and the Ordinance as amended passed: (Amended version forthcoming) Yes: 25 - Green, Shanklin, Tandy, Hamilton, James, Leet, Owen, Hollander, Kramer, Blackwell, Magre, Welch, Fowler, Butler, Downard, Stuckel, Parker, Denton, Benson, Johnson, Engel, Peden, Flood, Yates and Ackerson No: 1- Woolridge Enactment No: Ordinance 104-2015 New Business The Clerk provided a first reading of the New Business items and their respective Committee assignments into the record. Legislation assigned to COMMITTEE ON CONTRACTS AND APPOINTMENTS 29. AP072315LH APPOINTMENT OF LARRY HICKS TO THE FAIRDALE FIRE PROTECTION DISTRICT BOARD. TERM EXPIRES JUNE 30, 2018. Attachments: APT FAIRDALE FIRE PROTECTION DISTRICT 6.22.15 30. AP072315EH APPOINTMENT OF EDWARD HAINES TO THE LYNDON FIRE PROTECTION DISTRICT BOARD. TERM EXPIRES JUNE 30, 2018. Attachments: APT LYNDON FIRE PROTECTION DISTRICT 6 22 2015 31. AP072315WZ APPOINTMENT OF WALTER ZALEWSKI TO THE WORTHINGTON FIRE PROTECTION DISTRICT BOARD. TERM EXPIRES JUNE 30, 2018. Attachments: APT WORTHINGTON FIRE PROTECTION DISTRICT BOARD 6.22.15 Legislation assigned to GOVERNMENT ACCOUNTABILITY & ETHICS Louisville Metro Government Page 12 Metro Council Action Summary - Final June 25, 2015 32. R-116-15 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $81,400 FROM THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) FOR INVESTIGATION OF EEOC COMPLAINTS TO BE ADMINISTERED BY THE HUMAN RELATIONS COMMISSION. (Action Required By: December 2015). Sponsors:Vicki Aubrey Welch (D-13) Legislation assigned to LABOR & ECONOMIC DEVELOPMENT 33. R-114-15 A RESOLUTION APPROVING THE GRANTING OF LOCAL INCENTIVES TO TRILOGY HEALTH SERVICES, LLC AND ANY SUBSEQUENT ASSIGNEES OR APPROVED AFFILIATES THEREOF PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. (Action Required By: December 2015) Sponsors:Marianne Butler (D-15) Legislation assigned to PUBLIC WORKS, BRIDGES & TRANSPORTATION 34. R-117-15 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET TO ACCEPT $666,000 OF FUNDING FOR THE DESIGN PHASE OF THE RANGELAND ROAD WIDENING PROJECT TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS & ASSETS. (Action Required By: December 2015) Sponsors:Marianne Butler (D-15) 35. R-120-15 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT AND RECEIVE A STIPEND FROM METROPOLITAN SEWER DISTRICT OF $10,000 FOR PAVING MCCOY AVENUE UNDER THE MCCOY AVENUE DRAINAGE IMPROVEMENTS PROJECT THROUGH THE DEPARTMENT OF PUBLIC WORKS & ASSETS (Action Required By: December 2015) Sponsors:Marianne Butler (D-15) 36. R-121-15 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CSX TRANSPORTATION TO RECEIVE A STIPEND OF $7,500 FOR THE RAILROAD CROSSING CLOSURE AT AVOCA LANE AND RIDGE ROAD TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS & ASSETS. (Action Required By: December 2015) Sponsors:Marianne Butler (D-15) Adjournment Without objection President Tandy adjourned the meeting at 8:15 p.m. Louisville Metro Government Page 13 Metro Council Action Summary - Final June 25, 2015 Approval Signatures The above Action Summary has been approved by the Metro Council. __________________________________________ H. Stephen Ott Clerk of the Louisville Metro Council __________________________________________ David W. Tandy President of the Council __________________________ Date Louisville Metro Government Page 14