Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Action Summary - Final Thursday, January 25, 2018 6:00 PM Council Chambers Metro Council Jessica Green (D-1), Barbara Shanklin (D-2), Mary C. Woolridge (D-3), Barbara Sexton Smith (D-4), Cheri Bryant Hamilton (D-5), David James (D-6), Angela Leet (R-7), S. Brandon Coan (D-8), Bill Hollander (D-9), Pat Mulvihill (D-10), Kevin Kramer (R-11), Rick Blackwell (D-12), Vicki Aubrey Welch (D-13), Cindi Fowler (D-14), Marianne Butler (D-15), Scott Reed (R-16), Glen Stuckel (R-17), Marilyn Parker (R-18), Julie Denton (R-19), Stuart Benson (R-20), Vitalis Lanshima (D-21), Robin Engel (R-22), James Peden (R-23), Madonna Flood (D-24), David Yates (D-25), Brent Ackerson (D-26) President: David James (D-6) Pro-Tem: Cheri Bryant Hamilton (D-5) Metro Council Action Summary - Final January 25, 2018 Call to Order President James called the meeting to order at 6:07 PM and 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 Member Barbara Sexton Smith (D-4), Council Member Cheri Bryant Hamilton (D-5), Council President David James (D-6), Council Member Angela Leet (R-7), Council Member S. Brandon Coan (D-8), Council Member Bill Hollander (D-9), Council Member Pat Mulvihill (D-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 Scott Reed (R-16), Council Member Glen Stuckel (R-17), Council Member Marilyn Parker (R-18), Council Member Stuart Benson (R-20), Council Member Vitalis Lanshima (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 Julie Denton (R-19) President James called for a moment of silence in memory of those who lost their lives and were wounded during the Marshall County High School shooting on January 23, 2018. In addition, President James called for a moment of silence in memory of Trent Haines, Public Works & Assets, who was killed in an accident while on the job. Council Member Green took a point of personal privilege to thank those who wore black in honor of the #MeToo movement. Supporting Staff Sarah Martin and Paul Whitty, Jefferson County Attorney's Office Nick Kouloungis, Metro Department of Information Technology Clerks H. Stephen Ott, CKMC David B. Wagner, Assistant Clerk Louisville Metro Government Page 1 Metro Council Action Summary - Final January 25, 2018 Address to Council 1. ID 18-0080 Addresses to Council - January 25, 2018 Attachments: 1-25-18 Address to Council.pdf Dunegan, Patrick Handout.pdf Jesse, Amanda Handout.pdf Marshall, Connie Handout.pdf Hollander, Bill Handout.pdf The Clerk called forward the following speakers: Patrick Dunegan District 25 Topic: Medical Cannabis (For) Russell Greear (No show) District 9 Topic: Barden v. City of Sacramento - Public Sidewalks & ADA Amanda Jessee District 6 Topic: Union Negotiations for AFSCME Local Union 2629 Giles Scialdone District 19 Topic: The Opioid Epidemic – #AcknowledgeTheEpidemic Tom Rector District 16 Topic: Cannabis Legalization (Support #2) Susan Smith District 10 Topic: Affordable Housing Trust Fund (Support #1) Connie Marshall District 3 Topic: Judges, Police, Collusion, and Corruption Dan Seum, Jr. District 13 Topic: Medical Cannabis (Support #3) Guests 2. ID 18-0037 Council Member Fowler recognized Noah Richard Daniel for achieving the rank of Eagle Scout in Boy Scout Troop 377. Louisville Metro Government Page 2 Metro Council Action Summary - Final January 25, 2018 3. ID 18-0078 Council Members Mulvihill, Kramer and Leet recognized St. Xavier High School Assistant Athletic Director, Nicklaus Baisch and coaches, for their multiple 2017 State Championship Athletic teams. Special Proclamation 4. ID 18-0082 President James stepped down from the Chair at 6:55 PM and President Pro Tem Hamilton presided over the meeting, in order for President James to recognize and present a special proclamation to Randy Coe of Kosair Charities. President James resumed the Chair at 7:09 PM. Council Minutes 5. ID 18-0079 Regular: Metro Council - January 11, 2018 Attachments: 01-11-18 MC Action Summary.pdf 01-11-18 UNEDITED Transcript.pdf A motion was made by Council Member Woolridge, seconded by Council Member Sexton Smith, that the Council Minutes be approved. The motion carried by a voice vote. Committee Minutes A motion was made by Council Member Woolridge, seconded by Council Member Hamilton, that the following Committee Minutes be approved. The motion carried by a voice vote. 6. ID 18-0057 Special: Committee on Committees - January 24, 2018 Attachments: 012418 COC Action Summary.pdf Communication From the Mayor The Clerk read the following appointment letters into the record. Those appointments requiring Council approval were assigned to the Appointments Committee. 7. ID 18-0070 Friends of Metro Animal Services (FOMAS) Board - Erica Steitz (New Appointment). Metro Council approval is not required. Attachments: APT Friends of Metro Animal Services Board 1.25.18.pdf Louisville Metro Government Page 3 Metro Council Action Summary - Final January 25, 2018 8. ID 18-0071 Board of Zoning Adjustment - Kimberly Leanhart (New Appointment). Attachments: APT Board of Zoning Adjustment 1.25.18.pdf 9. ID 18-0072 COPA Board (Commission On Public Art) - Elmer Lucille Allen (New Appointment). Attachments: APT Commission on Public Art 1.25.18.pdf 10. ID 18-0073 Waterfront Development Corporation - Theodore Nixon (New Appointment). Attachments: APT Waterfront Development Corporation Board 1.25.18.pdf 11. ID 18-0074 KentuckianaWorks – Greater Louisville Workforce Development Board - Rebel Chreste, Lisa Kaminski, Mary Beard (New Appointments). Attachments: APT Kentuckiana Works - Greater Louisville Workforce Development Board 1.25.18.pdf 12. ID 18-0075 Jeffersontown Fire Protection District Board - Anthony Lawson – Fire Fighter Elect Position (New Appointment). Attachments: APT Jeffersontown Fire Protection District Board 1.25.18.pdf 13. ID 18-0076 Harrods Creek Fire Protection District Board - Richard Dattilo – Fire Fighter Elect Position (New Appointment). Attachments: APT Harrods Creek Fire Protection District Board 1.25.18.pdf 14. ID 18-0077 Okolona Fire Protection District Board - Jason Tobbe – Fire Fighter Elect Position (New Appointment). Attachments: APT Okolona Fire Protection District Board 1.25.18.pdf Louisville Metro Government Page 4 Metro Council Action Summary - Final January 25, 2018 Special Legislation 15. R-011-18 A RESOLUTION RATIFYING A PERFORMANCE BOND FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CLERK FOR THE 2018-2019 PERIOD. Sponsors:Primary David James (D-6) Attachments: R-011-18 V.1 012518 Performance Bond for Council Clerk 2018.pdf R-011-18 V.1 012518 ATTACH.pdf RES 001 2018.pdf A motion was made by Council Member Woolridge, seconded by Council Member Hamilton, that this Resolution be approved. The motion carried by a voice vote and the Resolution was adopted. 16. R-012-18 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 2018. Sponsors:Primary David James (D-6) Attachments: R-012-18 V.1 012518 MC CALENDAR FOR 2018.pdf R-012-18 V.1 012518 ATTACH DRAFT 2018 Metro Council Calendar.pdf RES 002 2018.pdf A motion was made by Council Member Woolridge, seconded by Council Member Sexton Smith, that this Resolution be approved. The motion carried by a voice vote and the Resolution was adopted. Louisville Metro Government Page 5 Metro Council Action Summary - Final January 25, 2018 Old Business 17. O-412-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 8107 BLUE LICK ROAD CONTAINING .65 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1028) (AMENDMENT BY SUBSTITUTION). Sponsors:Primary Madonna Flood (D-24) Attachments: O-412-17 V.3 FAM 012518 Rezoning from R4 to C1 at 8107 Blue Lick Rd 17ZONE1028.pdf O-412-17 V.2 CAM 120517 Rezoning from R4 to C1 at 8107 Blue Lick Rd 17ZONE1028.pdf O-412-17 PROPOSED AMEND BY SUBSTITUTION.pdf O-412-17 V.1 113017 Rezoning from R4 to C1 at 8107 Blue Lick Rd 17ZONE1028.pdf 17ZONE1028.pdf MC Transmittal 17ZONE1028 PC Minutes.pdf MC Transmittal 17ZONE1028 Other Minutes.pdf MC Transmittal 17ZONE1028 Staff Reports.pdf MC Transmittal 17ZONE1028 Applicant Boundary Survey.pdf MC Transmittal 17ZONE1028 Legal Description.pdf MC Transmittal 17ZONE1028 Approved Plan.pdf ORD 001 2018.pdf A motion was made by Council Member Woolridge, seconded by Council Member Benson, that this Ordinance be untabled. The motion carried without objection and the Ordinance was untabled. Council Member Flood spoke to the item. A motion was made by Council Member Flood, seconded by Council Member Butler, that this Ordinance be amended by substitution (see attachment labeled, "O-412-17 PROPOSED AMEND BY SUBSTITUTION". The motion to amend by substitution carried by a voice vote. The motion to approve carried by the following vote and the amended Ordinance passed: Yes: 22 - Green, Shanklin, Woolridge, Sexton Smith, Hamilton, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fowler, Butler, Reed, Stuckel, Parker, Benson, Lanshima, Engel, Flood, Yates and Ackerson Excused: 2- Welch and Denton Absent: 2- Leet and Peden Louisville Metro Government Page 6 Metro Council Action Summary - Final January 25, 2018 18. O-413-17 AN ORDINANCE MAINTAINING THE ZONING AS OR-1 OFFICE/ RESIDENTIAL AND R-7 MULTI-FAMILY RESIDENTIAL ON PROPERTY LOCATED AT 5024 AND 5026 SOUTH THIRD STREET AND 307 KINGSTON AVENUE CONTAINING .44 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1036) (AMENDMENT BY SUBSTITUTION). Sponsors:Primary Madonna Flood (D-24) Attachments: O-413-17 V.2 FAM 012518 Rezoning from OR1 & R7 to C1 at 5024-5026 S Third St & 307 Kingston Ave 17ZONE1036.pdf O-413-17 PROPOSED ABS - Rejects Zoning Change at 5024-5026 S Third St.pdf O-413-17 V.1 113017 Rezoning from OR1 & R7 to C1 at 5024-5026 S Third St & 307 Kingston Ave 17ZONE1036.pdf 17ZONE1036.pdf MC Transmittal 17ZONE1036 Approved PC Minutes.pdf MC Transmittal 17ZONE1036 Other Minutes.pdf MC Transmittal 17ZONE1036 Staff Reports.pdf MC Transmittal 17ZONE1036 Legal Descriptions.pdf MC Transmittal 17ZONE1036 Applicant Justification.pdf MC Transmittal 17ZONE1036 Applicant Survey.pdf MC Transmittal 17ZONE1036 Approved Plan.pdf ORD 002 2018.pdf A motion was made by Council Member Woolridge, seconded by Council Member Sexton Smith, that this Ordinance be untabled. The motion carried without objection and the Ordinance was untabled. Council Members Flood and Lanshima spoke to the item. A motion was made by Council Member Lanshima, seconded by Council Member Ackerson, to amend by substitution to reject the recommendations by the Planning Commission and maintain the current zoning status (see attachment labeled, "O-413-17 PROPOSED ABS - Rejects Zoning Change at 5024-5026 S Third St"). A voice vote was taken, however, President James then called for a roll call vote. The motion to amend by substitution carried by the following vote: Yes: 18 - Green, Shanklin, Woolridge, Sexton Smith, Hamilton, James, Hollander, Mulvihill, Blackwell, Fowler, Butler, Reed, Parker, Benson, Lanshima, Engel, Yates and Ackerson No: 3- Coan, Kramer and Stuckel Excused: 2- Welch and Denton Absent: 3- Leet, Peden and Flood Louisville Metro Government Page 7 Metro Council Action Summary - Final January 25, 2018 Paul Whitty, Jefferson County Attorney's Office, spoke to the item. A motion was made by Council Member Stuckel to send the item back to the Committee. The motion failed due to the lack of a second. A motion was made by Council Member Fowler, seconded by Council Member Yates, to call the question. The motion to call the question carried by a voice vote. The motion to approve carried by the following vote and the amended Ordinance passed: Yes: 18 - Green, Shanklin, Woolridge, Sexton Smith, Hamilton, James, Hollander, Mulvihill, Kramer, Blackwell, Fowler, Butler, Reed, Parker, Benson, Lanshima, Engel and Yates No: 2- Coan and Stuckel Excused: 2- Welch and Denton Absent: 4- Leet, Peden, Flood and Ackerson Louisville Metro Government Page 8 Metro Council Action Summary - Final January 25, 2018 New Business The Clerk provided a first reading of the New Business items and their respective Committee assignments into the record. Legislation assigned to APPROPRIATIONS COMMITTEE 19. O-013-18 AN ORDINANCE APPROPRIATING $17,750 FROM NEIGHBORHOOD DEVELOPMENT FUNDS IN THE FOLLOWING MANNER: $5,000 FROM DISTRICT 13; $3,500 FROM DISTRICT 14; $3,000 FROM DISTRICT 25; $1,000 EACH FROM DISTRICTS 12, 15, 23, AND 24; $500 EACH FROM DISTRICTS 10, 17, AND 22; AND $250 EACH FROM DISTRICTS 4, 8, AND 20; TO THE LOUISVILLE METRO PARKS DEPARTMENT FOR FOREST FEST 2018, THE ANNUAL BLUEGRASS FESTIVAL TO BE HELD AT THE JEFFERSON MEMORIAL FOREST. Sponsors:Primary Vicki Aubrey Welch (D-13), Primary Cindi Fowler (D-14), Primary David Yates (D-25), Primary Rick Blackwell (D-12), Primary Marianne Butler (D-15), Primary James Peden (R-23), Primary Madonna Flood (D-24), Primary Pat Mulvihill (D-10), Primary Glen Stuckel (R-17), Primary Robin Engel (R-22), Primary Barbara Sexton Smith (D-4), Primary S. Brandon Coan (D-8) and Primary Stuart Benson (R-20) Attachments: O-013-18 V.1 012518 NDF to MP for Forest Fest 2018.pdf Forest Fest NDF 2018.pdf Forest Fest NDF Corrections 2018.pdf 20. O-016-18 AN ORDINANCE APPROPRIATING $7,800 FROM NEIGHBORHOOD DEVELOPMENT FUNDS BY APPROPRIATING $600 EACH FROM DISTRICTS 25, 1, 4, 5, 6, 9, 10, 12, 13, 14, 15, 21, AND 26, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE CENTER FOR WOMEN AND FAMILIES, INC. FOR SPONSORSHIP OF THE 2018 CELEBRATION OF SERVICE AND SURVIVAL. Sponsors:Primary David Yates (D-25), Primary Brent Ackerson (D-26), Primary Rick Blackwell (D-12), Primary Marianne Butler (D-15), Primary Cindi Fowler (D-14), Primary Jessica Green (D-1), Primary Cheri Bryant Hamilton (D-5), Primary Bill Hollander (D-9), Primary David James (D-6), Primary Vitalis Lanshima (D-21), Primary Pat Mulvihill (D-10), Primary Barbara Sexton Smith (D-4) and Primary Vicki Aubrey Welch (D-13) Attachments: O-016-18 V.1 012518 CONDF to Center for Women and Families.pdf Center for Women & Families - Service & Survival Event - $3,000 Sponsorship - SIGNED.pdf Louisville Metro Government Page 9 Metro Council Action Summary - Final January 25, 2018 Legislation assigned to BUDGET COMMITTEE 21. O-014-18 AN ORDINANCE AMENDING ORDINANCE NO. 114, SERIES 2017, RELATING TO THE FISCAL YEAR 2017-18 OPERATING BUDGET FOR LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING $25,000 FROM THE NEIGHBORHOOD DEVELOPMENT FUND (DISTRICT 5) TO LOUISVILLE METRO COUNCIL GENERAL OPERATIONS (DISTRICT 5). Sponsors:Primary Cheri Bryant Hamilton (D-5) Attachments: O-014-18 V.1 012518 D5 Budget Transfer NDF to Gen Operations.pdf 22. O-017-18 AN ORDINANCE AMENDING ORDINANCE NO. 114, SERIES 2017 RELATING TO THE FISCAL YEAR 2017-18 OPERATING BUDGET AND AMENDING ORDINANCE NO. 115, SERIES 2017 RELATING TO THE FISCAL YEAR 2017-18 CAPITAL BUDGET BY TRANSFERRING $25,000 FROM THE PARKS & RECREATION OPERATING BUDGET TO THE PARKS & RECREATION CAPITAL BUDGET FOR A COUNCIL DISTRICT 15 CAPITAL PROJECT FOR WYANDOTTE PARK IMPROVEMENTS. Sponsors:Primary Marianne Butler (D-15) Attachments: O-017-18 V.1 012518 Budget Amendments for D15 Capt Proj Wyandotte Park Improvements.pdf Legislation assigned to GOVERNMENT OVERSIGHT, AUDIT AND ETHICS COMMITTEE 23. R-013-18 A RESOLUTION URGING THE GENERAL ASSEMBLY AND THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY TO INCREASE THE HISTORIC TAX CREDIT CAP FROM FIVE MILLION DOLLARS TO TEN MILLION DOLLARS. Sponsors:Primary Angela Leet (R-7), Additional Marilyn Parker (R-18) and Additional Kevin Kramer (R-11) Attachments: R-013-18 V.1 012518 Res Increase Historic Tax Credit Cap.pdf 24. R-016-18 A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 [TO ITS PRE-2017 AMENDMENT LANGUAGE] TO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED). Sponsors:Primary Brent Ackerson (D-26) and Primary David James (D-6) Attachments: R-016-18 V.2 CAM 021318 Urging Amend KRS 67C.143 to clarify voting in removal hearings.pdf R-016-18 V.1 012518 Res to Ky General Assembly Amend KRS 67C.143 .pdf Louisville Metro Government Page 10 Metro Council Action Summary - Final January 25, 2018 Legislation assigned to HEALTH AND EDUCATION COMMITTEE 25. R-010-18 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE WILLIAM R. KENAN, JR. CHARITABLE TRUST IN THE AMOUNT OF $1.2 MILLION TO BE ADMINISTERED BY THE OFFICE FOR SAFE & HEALTHY NEIGHBORHOODS (OSHN). Sponsors:Primary James Peden (R-23) Attachments: R-010-18 V.1 012518 Grant William R Kenan Jr Admin by Office for Safe and Healthy Neighborhoods.pdf Legislation assigned to LABOR, ECONOMIC DEVELOPMENT AND CONTRACTS COMMITTEE 26. R-009-18 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT - (CEPHEID - $25,000.00). Sponsors:Primary Marianne Butler (D-15) Attachments: R-009-18 V.1 012518 $25K Contract to Cepheid.pdf R-009-18 V.1 012518 ATTACH Agreement.pdf Legislation assigned to PARKS AND SUSTAINABILITY 27. R-015-18 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $30,300 OF FUNDING FROM THE METROPOLITAN SEWER DISTRICT FOR A GREEN INFRASTRUCTURE PROJECT AT VICTORY PARK TO BE ADMINISTERED BY THE METRO PARKS DEPARTMENT. Sponsors:Primary David James (D-6) Attachments: R-015-18 V.1 012518 MSD Funding for Victory Park Project.pdf R-015-18 V.1 012518 ATTACH MSD Funding for Victory Park Project.pdf Louisville Metro Government Page 11 Metro Council Action Summary - Final January 25, 2018 Legislation assigned to PLANNING, ZONING AND ANNEXATION COMMITTEE 28. O-015-18 AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 1764 FRANKFORT AVENUE CONTAINING 0.19 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1051). (AS AMENDED) Sponsors:Primary Madonna Flood (D-24) Attachments: O-015-18 V.2 CAM 012518 Rezoning from C1 to C2 at 1764 Frankfort Ave 17ZONE1051.pdf 17zone1051.pdf O-015-18 V.1 012518 Rezoning from C1 to C2 at 1764 Frankfort Ave 17ZONE1051.pdf 17ZONE1051 - Legal Description.pdf 17ZONE1051 - Plan.pdf 17ZONE1051 - Pre-App Staff Report.pdf 17ZONE1051 - Public Materials.pdf 17ZONE1051 - 2017.12.14 LD&T Minutes.pdf 17ZONE1051 - 2017.12.14 LD&T Staff Report.pdf 17ZONE1051 - 2018.01.04 PC Minutes.pdf 17ZONE1051 - 2018.01.04 PC Staff Report.pdf 17ZONE1051 - Justification Statement.pdf Legislation assigned to PUBLIC SAFETY COMMITTEE 29. R-014-18 A RESOLUTION SUPPORTING AN AMENDMENT TO KRS 65.870 BY THE KENTUCKY GENERAL ASSEMBLY REGARDING LOCAL REGULATION OF FIREARMS AND AMMUNITION BY CONSOLIDATED LOCAL GOVERNMENTS. Sponsors:Primary S. Brandon Coan (D-8), Primary Cheri Bryant Hamilton (D-5), Primary David James (D-6) and Primary Bill Hollander (D-9) Attachments: R-014-18 V.1 012518 Supporting Amendment to KRS 65.780 for Local Regulation of Firearms & Ammunition by Consolidated Local Governments.pdf 65.870 Local firearms control ordinances prohibited -- Exemption from immunity.pdf HB189.pdf Announcements The following Council Member made announcements: Mary Woolridge (D-3) Louisville Metro Government Page 12 Metro Council Action Summary - Final January 25, 2018 Adjournment Without objection President James adjourned the meeting at 7:57 PM. Louisville Metro Government Page 13 Metro Council Action Summary - Final January 25, 2018 Approval Signatures The above Action Summary has been approved by the Metro Council. __________________________________________ H. Stephen Ott Clerk of the Louisville Metro Council __________________________________________ David James President of the Council __________________________ Date Louisville Metro Government Page 14