Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Action Summary - Final Thursday, September 3, 2020 6:00 PM Council Chambers Metro Council Jessica Green (D-1), Barbara Shanklin (D-2), Keisha Dorsey (D-3), Barbara Sexton Smith (D-4), Donna L. Purvis (D-5), David James (D-6), Paula McCraney (D-7), Brandon Coan (D-8), Bill Hollander (D-9), Pat Mulvihill (D-10), Kevin Kramer (R-11), Rick Blackwell (D-12), Mark H. Fox (D-13), Cindi Fowler (D-14), Kevin Triplett (D-15), Scott Reed (R-16), Markus Winkler (D-17), Marilyn Parker (R-18), Anthony Piagentini (R-19), Stuart Benson (R-20), Nicole George (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) President Pro-Tem: Markus Winkler (D-17) Metro Council Action Summary - Final September 3, 2020 Call to Order and Pledge of Allegiance Council President James called the meeting to order at 6:02 p.m. and asked all to rise for the Pledge of Allegiance. Moment of Silence Council President James spoke about the increase in COVID-19 cases and the number of people who have died (301) and tested positive (13,569) from COVID-19 in Louisville as of yesterday, and reminded all that these are not just numbers we say everyday but are people whose loss is being mourned. He stated that the community must face this crisis together and that every loss diminishes the city. He also recognized the loss of Council Member Mulvihill's mother, Mary, and spoke about her being an Alderman in the 1970s and the many other ways in which she served the community. As requested by Council Member Mulvihill, Council President James also recognized the recent passing of George Hauck, a resident of District 10 who was 100 years old. He asked that everyone join him in a moment of silence. Statement Regarding Virtual Attendance by Council Members Council President James stated that the meeting was being conducted by video teleconference, pursuant to KRS 61.826 and in accordance with Senate Bill 150. He also spoke about provisions regarding any disruptions in remote access for Council Members, which would require a temporary suspension of the meeting, and the time allotted to regain remote access before the meeting resumes. Council Members attended the meeting remotely, except for the following who were present in Chambers: - Council President James - Council Member Reed - Council Member Winkler - Council Member Piagentini - Council Member George Louisville Metro Government Page 1 Metro Council Action Summary - Final September 3, 2020 Members Roll Call A quorum was established. Present: 25 - Council Member Jessica Green (D-1), Council Member Barbara Shanklin (D-2), Council Member Keisha Dorsey (D-3), Council Member Barbara Sexton Smith (D-4), Council Member Donna L. Purvis (D-5), Council Member David James (D-6), Council Member 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 Mark H. Fox (D-13), Council Member Cindi Fowler (D-14), Council Member Kevin Triplett (D-15), Council Member Scott Reed (R-16), Council Member Markus Winkler (D-17), Council Member Marilyn Parker (R-18), Council Member Anthony Piagentini (R-19), Council Member Stuart Benson (R-20), Council Member Nicole George (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: 1- Council Member Paula McCraney (D-7) Support Staff Genevieve First, Executive Assistant Hollie Hopkins, Jefferson County Attorney's Office Natalie Johnson, Jefferson County Attorney's Office Robbie Howard, Jefferson County Attorney's Office Joan Sheffer, Department of Information Technology Clerk(s) Sonya Harward, Clerk Cheryl Woods, Assistant Clerk Addresses to the Council 1. ID 20-1145 Addresses to Council - September 3, 2020 Attachments: Addresses to Council 9-3-20.pdf Handout-F. Simon.pdf Handout-S. Musselman.pdf The Clerks called forward the following speakers: - Paxton Pate - Frank Simon, M.D. - Ruth Ann Shumate - Shannon Musselman - Dan Delaney Louisville Metro Government Page 2 Metro Council Action Summary - Final September 3, 2020 Point of Personal Privilege Council Member Shanklin asked for a point of personal privilege to thank the Council for the expressions of love she received after the passing of her son and she spoke about how much it meant to her. Council Member Mulvihill asked for a point of personal privilege and spoke about how the Council is one big family and how much it meant to him when they reached out to him after the passing of his mother. After approval of the Council Minutes, Council Member Piagentini introduced his intern from the University of Louisville, Victoria Doll, who spoke briefly. Council Minutes 2. ID 20-1097 Regular: Metro Council - August 20, 2020 Attachments: Action Summary for Metro Council 8-20-20.pdf 8-20-20 MC Unedited Transcript.pdf A motion was made by Council Member Triplett, seconded by Council Member Piagentini, that the Council Minutes be approved. The motion carried by a voice vote. Committee Minutes A motion was made by Council Member Piagentini, seconded by Council Member Sexton Smith, that the Committee Minutes be approved. The motion carried by a voice vote. 3. ID 20-1106 Regular: Committee of the Whole - August 20, 2020 Attachments: Action Summary for Committee of the Whole 8-20-20.pdf 4. ID 20-1105 Regular: Committee on Equity and Inclusion - August 24, 2020 Attachments: Action Summary for Committee on Equity and Inclusion 8-24-20 5. ID 20-1107 Regular: Labor and Economic Development Committee - August 25, 2020 Attachments: Action Summary for Labor and Economic Development Committee 8-25-20.pdf 6. ID 20-1135 Regular: Public Works - August 25, 2020 Attachments: Action Summary for Public Works Committee 8-25-20.pdf Louisville Metro Government Page 3 Metro Council Action Summary - Final September 3, 2020 7. ID 20-1131 Regular: Community Affairs, Health and Education Committee - August 26, 2020 Attachments: Action Summary for Community Affairs, Health and Education Committee 8-26-20.pdf 8. ID 20-1136 Regular: Public Safety Committee - August 26, 2020 Attachments: Action Summary for Public Safety Committee 8-26-20.pdf 9. ID 20-1124 Regular: Appropriations Committee - August 26,2020 Attachments: Action Summary for Appropriations Committee 8-26-20.pdf 10. ID 20-1125 Regular: Parks & Sustainability Committee - August 27, 2020 Attachments: Action Summary for Parks & Sustainability Committee 8-27-20.pdf 11. ID 20-1133 Regular: Budget Committee August 27, 2020 Attachments: Action Summary for Budget Committee 8-25-20.pdf 12. ID 20-1157 Regular: Committee on Committees - September 1, 2020 Attachments: Action Summary Committee on Committees 9-1-20.pdf Communications to the Council The Clerk read the appointments into the record. 13. ID 20-1138 Downtown Development Overlay District Board - James Tutt (New Appointment) Attachments: APT Downtown Development District Overlay Board 08.31.20.pdf 14. ID 20-1139 Urban Services District Board - Koleman Karleski (New Appointment) Metro Council Approval of this Appointment is Not Required Attachments: APT Urban Services District Board 08.31.20.pdf 15. ID 20-1141 Waste Management District 109 Board - Carl Brazley (New Appointment) Attachments: APT Waste Management District 109 Board 08.31.20.pdf Louisville Metro Government Page 4 Metro Council Action Summary - Final September 3, 2020 16. ID 20-1142 Housing Authority Board - Lisa Nicholson (Reappointment) Attachments: APT Housing Authority Board 08.31.20.pdf 17. ID 20-1143 Pleasure Ridge Park Fire Protection District Board - Betty Jarboe (New Appointment) Attachments: APT Pleasure Ridge Park Fire Protection District Board 08.31.20.pdf 18. ID 20-1144 Kentucky Science Center Board - Joseph Ouseph (Reappointment) Metro Council Approval of this Appointment is Not Required Attachments: APT Kentucky Science Center Board 08.31.20.pdf Consent Calendar A motion was made by Council Member Piagentini, seconded by Council Member Sexton Smith, to approve the Consent Calendar. The motion carried by the following vote: Yes: 24 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Peden, Flood, Yates and Ackerson Excused: 1- McCraney Absent: 1- Engel Legislation forwarded from APPROPRIATIONS COMMITTEE 19. O-382-20 AN ORDINANCE APPROPRIATING $20,000 FROM NEIGHBORHOOD DEVELOPMENT FUNDS IN THE FOLLOWING MANNER: $10,000 EACH FROM DISTRICT 2 AND DISTRICT 5, THROUGH DEVELOP LOUISVILLE, TO METRO HOUSING RESOURCE CENTER FOR TREE REMOVAL ASSISTANCE TO HOMEOWNERS THAT MEET THE ESTABLISHED INCOME GUIDELINES. Sponsors:Primary Donna L. Purvis (D-5) and Primary Barbara Shanklin (D-2) Attachments: O-382-20 V.1 082020 NDF Develop Louisville for MHRC.pdf O-382-20 NDF DL-MHRC.pdf ORD 103 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 103-2020 Louisville Metro Government Page 5 Metro Council Action Summary - Final September 3, 2020 Legislation forwarded from BUDGET COMMITTEE 20. O-356-20 AN ORDINANCE APPROVING A FORGIVABLE LOAN TO HABITAT OF HUMANITY OF METRO LOUISVILLE PURSUANT TO LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) SECTION 39.131(B). Sponsors:Primary Barbara Sexton Smith (D-4) Attachments: O-356-20 V.1 082020 Forgivable Loan for Office of Housing and Comm. Dev..pdf ORD 104 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 104-2020 Legislation forwarded from COMMUNITY AFFAIRS, HEALTH AND EDUCATION COMMITTEE 21. R-105-20 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $80,000 FROM CITIES FOR FINANCIAL EMPOWERMENT FUND FOR THE FINANCIAL NAVIGATORS PROGRAM IN PARTNERSHIP BETWEEN BANK ON LOUISVILLE AND THE OFFICE OF RESILIENCE AND COMMUNITY SERVICES. Sponsors:Primary Barbara Sexton Smith (D-4) Attachments: R-105-20 V.1 082020 - Grant from Financial Navigators.pdf RES 085 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 085-2020 Louisville Metro Government Page 6 Metro Council Action Summary - Final September 3, 2020 Legislation forwarded from LABOR AND ECONOMIC DEVELOPMENT COMMITTEE 22. R-103-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR THE OFFICE OF RESILIENCE AND COMMUNITY SERVICES CONCERNING ITS EMPLOYMENT OF A DIRECTOR OF THE OFFICE OF YOUTH DEVELOPMENT - (UNIVERSITY OF LOUISVILLE - $80,000.00). Sponsors:Primary David Yates (D-25) Attachments: R-103-20 V.1 082020 YOUTH DEVELOPMENT - (UNIVERSITY OF LOUISVILLE - $80,000.00).pdf University of Louisville agreement FY21_Redacted.pdf RES 086 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 086-2020 23. R-106-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LMPHW CONCERNING ITS EMPLOYMENT OF A HEALTH ECONOMIST - (UNIVERSITY OF LOUISVILLE - $64,250.00). Sponsors:Primary David Yates (D-25) Attachments: R-106-20 V.1 082020 LMPHW Health Economist.pdf University of Louisville PSC Dr Karimi_ulsignedSM.pdf RES 087 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 087-2020 Louisville Metro Government Page 7 Metro Council Action Summary - Final September 3, 2020 24. R-107-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FURTHER FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FOR METRO SAFE FOR MAINTENANCE OF ITS NEWLY UPGRADED RADIO SYSTEM - MOTOROLA SOLUTIONS, INC. - ($623,681.00). Sponsors:Primary David Yates (D-25) Attachments: R-107-20 V.1 082020 Motorola Inc for Radio Upgrade (Maintenance).pdf Motorola Solutions Inc Metro_Safe_-_Contract_with_M.pdf RES 088 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 088-2020 25. R-108-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LOUISVILLE FORWARD CONCERNING FINANCIAL ADVICE AND COUNSELING ON COMPLEX FINANCIAL ARRANGEMENTS, DEAL STRUCTURES AND TAX INCREMENT FINANCING - COMMONWEALTH ECONOMICS PARTNERS, LLC - $108,000. Sponsors:Primary David Yates (D-25) Attachments: R-108-20 V.1 082020 COMMONWEALTH ECONOMICS PARTNERS, LLC - $108,000.pdf Commonwealth's Economic Partners Agreement FY20 redacted.pdf RES 089 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 089-2020 Louisville Metro Government Page 8 Metro Council Action Summary - Final September 3, 2020 Legislation forwarded from PUBLIC WORKS COMMITTEE 26. O-383-20 AN ORDINANCE AMENDING ORDINANCE NO. 109, SERIES 2018 RELATING TO THE FISCAL YEAR 2018-19 CAPITAL BUDGET, AMENDING ORDINANCE NO. 082, SERIES 2019 RELATING TO THE FISCAL YEAR 2019-20 CAPITAL BUDGET, AND AMENDING ORDINANCE 072, SERIES 2020 RELATING TO THE FISCAL YEAR 2020-21 CAPITAL BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT BY REALLOCATING $27,982.55 OF D24 FUNDING TO A NEW PROJECT TITLED D24 MCCAWLEY ROAD SIDEWALK PROJECT. Sponsors:Primary Madonna Flood (D-24) Attachments: O-383-20 - D24 McCawley Rd Sidewalk Project.pdf ORD 105 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 105-2020 Louisville Metro Government Page 9 Metro Council Action Summary - Final September 3, 2020 Old Business Request for Reconsideration O-336-20 AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCES TO ENSURE SAFE, UNOBSTRUCTED ENTRY TO AND EXIT FROM A HEALTHCARE FACILITY. Sponsors:Primary Brandon Coan (D-8), Primary Keisha Dorsey (D-3), Primary Nicole George (D-21), Primary David James (D-6), Primary Barbara Sexton Smith (D-4), Primary Barbara Shanklin (D-2), Primary Bill Hollander (D-9) and Primary Kevin Triplett (D-15) Attachments: O-336-20 PROPOSED FAM 082020 Buffer Zone at Healthcare Facilities.pdf O-336-20 V.1 080620 - Buffer Zone at Healthcare Facilities.pdf Archdiocese of Lou 081220 Letter.pdf Archdiocese of Lou 040120 letter.pdf Healthcare Facility Crime Data Report.pdf Council Member Yates first stated that he had planned to make a motion to reconsider O-336-20 but no longer felt he had the votes to get the motion passed. He explained why he had voted against the item at the previous Council Meeting. He then stated that he had the votes and would make a motion to reconsider. He also spoke about the pending amendment that was not considered at the previous Council Meeting and the opinion given by the Jefferson County Attorney's Office regarding the procedure when the time period to limit debate expired, which did not allow for the pending amendment to be voted upon. A motion was made by Council Member Yates, seconded by Council Member Dorsey, to reconsider the vote on O-336-20. The following spoke to this motion: - Council Member Piagentini - Council Member Yates - Hollie Hopkins, Jefferson County Attorney's Office - Council Member Kramer - Council Member Peden - Council Member Blackwell - Council Member Flood - Council Member Fox - Council Member Fowler - Council Member Winkler - Council Member Mulvihill The following was discussed: - The motion to reconsider being out of order since the item was not on the agenda, and the Council Rules needing to be suspended to allow it to be added, which would require a two-thirds vote of the Council (referenced Council Rules 6.02 and 5.12) Louisville Metro Government Page 10 Metro Council Action Summary - Final September 3, 2020 - Legal challenge/possible pending litigation on the procedures used at the previous Council Meeting regarding the pending amendment not being voted on - Whether Council Rules or Robert's Rules of Order govern - The motion to reconsider not being allowed after the next meeting of the Council at which the vote was adopted - Council Rule that states that Robert's Rules of Order shall be used in the absence of a standing rule, and Robert's Rules of Order not requiring an item to be placed on the agenda for reconsideration - Council Rules not being clear on whether an Ordinance that has already been considered must be placed on the agenda for reconsideration - Whether the Council Rules needed to be suspended to add the item to the agenda for reconsideration - Council Rules requiring that any business to be brought before the Council being placed on the agenda - Council interpreting its own rules and if it is determined that the item must be on the agenda to be reconsidered then it would take a two-thirds vote - Past interpretations of Council Rules and items for reconsideration being placed on the agenda in the past - Concern about transparency by allowing items to be added at the last minute and some Council Members and the community not knowing the item was to be discussed since it was not on the agenda - Bringing the item for reconsideration in order to quash possible litigation and save the city money - In the past, when the limited debate period expired, voting was only permitted on the current version of the item and no further discussion or additional votes were allowed - Question about civil liability due to the statements regarding possible litigation being brought against the Council concerning this item - Transparency and established practices - When legislation with a similar subject matter can be considered again (referenced Council Rule 7.03) and how "similar" is defined Council Member Yates withdrew the motion to reconsider. Louisville Metro Government Page 11 Metro Council Action Summary - Final September 3, 2020 27. O-273-20 AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCES TO EXPAND AND ENHANCE THE ABILITY OF THE LOUISVILLE METRO GOVERNMENT TO COMBAT GRAFFITI (AMENDMENT BY SUBSTITUTION)(AS AMENDED). Sponsors:Primary Anthony Piagentini (R-19), Additional Brandon Coan (D-8), Additional Nicole George (D-21), Additional Marilyn Parker (R-18), Additional Scott Reed (R-16) and Additional David James (D-6) Attachments: O-273-20 V.4 CAM 082520 Graffiti Ordinance.pdf O-273-20 V.3 CABS 081120 Graffiti Ordinance.pdf O-273-20 V.2 CABS 072820 Graffiti Ordinance.pdf O-273-20 V.1 062520 Graffiti Ordinance.pdf ORD 106 2020.pdf A motion was made by Council Member Reed, seconded by Council Member Winkler, that this Ordinance be approved. The following spoke to this item: - Council Member Piagentini - Council Member Parker - Council Member Reed - Council Member Peden - Council Member Sexton Smith The following was discussed: - The purpose for amending the existing Ordinance - Review of the changes that were being made - The difference between street art and illegal graffiti - Spray painting at the Dave Armstrong Extreme Skate Park is illegal graffiti and is dangerous for the skaters Council Member Parker, Council Member Reed, and Council President James signed on as co-sponsors to this Ordinance. The motion carried by the following vote and the Ordinance passed: Yes: 25 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Excused: 1- McCraney Enactment No: Ordinance 106-2020 Louisville Metro Government Page 12 Metro Council Action Summary - Final September 3, 2020 28. O-385-20 AN ORDINANCE AMENDING ORDINANCE NO. 072, SERIES 2020 AND ORDINANCE NO. 073, SERIES 2020 RELATING TO THE FISCAL YEAR 2020-2021 CAPITAL AND OPERATING BUDGETS, RESPECTIVELY, BY TRANSFERRING $50,000 FROM THE DISTRICT 16 NEIGHBORHOOD DEVELOPMENT FUND TO THE DISTRICT 16 CAPITAL INFRASTRUCTURE FUND AND BY TRANSFERRING $20,000 FROM THE DISTRICT 18 NEIGHBORHOOD DEVELOPMENT FUND TO THE DISTRICT 18 CAPITAL INFRASTRUCTURE FUND (AS AMENDED). Sponsors:Primary Scott Reed (R-16) Attachments: O-385-20 V.2 090320 - Districts 16 and 18 Transfer funds NDF to CIF.pdf O-385-20 V.1 082020 District 16 Transfer funds NDF to CIF.pdf ORD 107 2020.pdf A motion was made by Council Member Winkler, seconded by Council Member Piagentini, that this Ordinance be approved. Council Member Blackwell briefly spoke to this item regarding it being moved to Old Business so that it could be amended. Council Member Reed briefly explained that he wished to add an amendment for District 18. A motion was made by Council Member Reed, seconded by Council Member Winkler, that the Ordinance be amended by also transferring $20,000 from the District 18 Neighborhood Development Fund to the District 18 Capital Infrastructure Fund so that District 18 has adequate funding for an appropriation that will be presented to the Appropriations Committee. The motion to amend carried by a voice vote. Enactment No: Ordinance 107-2020 The motion to approve carried by the following vote and the amended Ordinance passed: Yes: 25 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Excused: 1- McCraney Enactment No: Ordinance 107-2020 Louisville Metro Government Page 13 Metro Council Action Summary - Final September 3, 2020 29. O-388-20 AN ORDINANCE APPROPRIATING $5,835.00 FROM DISTRICT 6 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO METRO PARKS TO PROVIDE TO LUV-IT LANDSCAPING FOR MULTIPLE BEAUTIFICATION PROJECTS IN DISTRICT 6 (AS AMENDED). Sponsors:Primary David James (D-6) Attachments: O-388-20 V.2 CAM 082620 Landscaping areas by Luv-It-Landscaping.pdf O-388-20 V.1 082020 Landscaping areas by Luv-It-Landscaping.pdf O-388-20 NDF Luv-It-Landscaping MP.pdf ORD 108 2020.pdf A motion was made by Council Member Winkler, seconded by Council Member Piagentini, that this Ordinance be approved Council Member Blackwell briefly explained that this item was on Old Business because the title was slightly amended. The motion carried by the following vote and the Ordinance passed: Yes: 25 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Excused: 1- McCraney Enactment No: Ordinance 108-2020 Louisville Metro Government Page 14 Metro Council Action Summary - Final September 3, 2020 30. O-387-20 AN ORDINANCE AMENDING ORDINANCE NO. 073, SERIES 2020 RELATING TO THE FISCAL YEAR 2020-2021 OPERATING BUDGET FOR THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT BY TRANSFERRING $1,000,000 OF RESTRICTED YOUTH APPROPRIATION FROM THE OFFICE OF MANAGEMENT & BUDGET TO THE OFFICE OF RESILIENCE & COMMUNITY SERVICES (AS AMENDED). Sponsors:Primary Keisha Dorsey (D-3), Primary Nicole George (D-21) and Primary James Peden (R-23) Attachments: O-387-20 V.2 082720 Restricted Youth Appropriation.pdf O-387-20 V.1 082120 Restricted Youth Appropriation.pdf ORD 109 2020.pdf A motion was made by Council Member Winkler, seconded by Council Member Piagentini, that this Ordinance be approved. The following spoke to this item: - Council Member Hollander - Council Member Purvis - Council Member Peden - Council Member Dorsey - Council Member George - Council Member Shanklin The following was discussed: - Explanation of the fund transfer - A notice of fund availability will be issued - Funds to be used in large increments (minimum $300,000 grants to go to two or three entities) rather than small amounts to several entities - Focus is on youth that are beyond high school age, usually 18 and over, and not working or attending school, in order to provide some direction and allow them to be successful - Spoke with groups of youth to help determine priority of needs - Score sheet created that lists the goals the city wants to accomplish and applicants have to explain what they can do to help reach those goals - Structured to focus on why this group of youth, who often have troubled backgrounds or have experienced trauma or difficulties in their upbringing, has not been successful and to provide the support and social services needed so that when they get a job they are successful [NOTE: Council President James relinquished the chair to President Pro-Tem Winkler at 8:07 p.m.] - Questions regarding whether these grants would be available similar to the External Agency Funds that are given annually, and if the Office of Resilience and Community Services would be responsible for selecting who receives the funds - Any current agency serving youth by providing case management, peer support, transportation, educational assistance, etc. can apply for the grants, and the process is different from that used for the traditional External Agency Funds Louisville Metro Government Page 15 Metro Council Action Summary - Final September 3, 2020 - The intention is to provide services in the area with the most opportunity youth and areas with the most opportunity for growth The motion carried by the following vote and the Ordinance passed: Yes: 25 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Excused: 1- McCraney Enactment No: Ordinance 109-2020 31. R-104-20 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT $238,165 OF FUNDING FROM THE KENTUCKY NATURAL LANDS TRUST (KNLT) IMPERILED BAT CONSERVATION FUND (IBCF) FOR PURCHASE OF TRACTS, WHICH WILL ADD TO JEFFERSON MEMORIAL FOREST (JMF) TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION (AMENDMENT BY SUBSTITUTION). Sponsors:Primary Mark H. Fox (D-13) Attachments: R-104-20 V.2 CABS 082720 Kentucky Natural Land Trust.pdf R-104-20 V.1 082020 Kentucky Natural Land Trust.pdf RES 090 2020.pdf NOTE: Council President James resumed the chair at 8:13 p.m. A motion was made by Council Member Kramer, seconded by Council Member Winkler, that this Resolution be adopted. Council Member Fowler briefly explained that this was for an acceptance of funds for purchasing tracts of land in Jefferson Memorial Forest for the preservation of imperiled bats. The motion carried by a voice vote and the Resolution was adopted. Enactment No: Resolution 090-2020 Louisville Metro Government Page 16 Metro Council Action Summary - Final September 3, 2020 New Business Council Member Piagentini, on behalf of the Clerk, provided a first reading of New Business and the respective committee assignments for the record. Legislation assigned to APPROPRIATIONS COMMITTEE 32. O-409-20 AN ORDINANCE APPROPRIATING $10,000 FROM DISTRICT 19 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO THE CITY OF MIDDLETOWN TO PROVIDE NEEDED SAFETY EQUIPMENT FOR THE MIDDLETOWN POLICE DEPARTMENT. Sponsors:Primary Anthony Piagentini (R-19) Attachments: O-409-20 V.1 NDF COM Police Safety Equipment.pdf O-409-20 NDF90920COM19.pdf Email - Letter with Additional Information - Sept. 10, 2020.pdf 33. O-412-20 AN ORDINANCE APPROPRIATING $5,000 FROM DISTRICT 3 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO I WOULD RATHER BE READING FOR ASSISTANCE WITH A NON-TRADITIONAL INSTRUCTION (NTI) DAY CAMP FOR THE FAMILIES AND STUDENTS OF SHIVELY. Sponsors:Primary Keisha Dorsey (D-3) Attachments: O-412-20 V.1 090320 NDF for NTI Day Camp St. Paul Baptist Church.pdf O-412-20 NDF090920NTI03.pdf Enactment No: Ordinance 110-2020 34. O-425-20 AN ORDINANCE APPROPRIATING $5,000 FROM DISTRICT 18 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO PLAINVIEW RESIDENTS ASSOCIATION, INC. TO REPLACE TREES THAT HAVE DIED AS A RESULT OF THE EMERALD ASH BORER. THIS IS PART OF A LARGER PLAN TO ENHANCE THE TREE CANOPY, ADDING TO OVERALL QUALITY OF LIFE IN THE SURROUNDING AREA. Sponsors:Primary Marilyn Parker (R-18) Attachments: O-425-20 V.1 090320 - NDF for Plainview Residents Assoc for Trees.pdf O-425-20 NDF090920PRA18.pdf Enactment No: Ordinance 111-2020 Louisville Metro Government Page 17 Metro Council Action Summary - Final September 3, 2020 Legislation assigned to BUDGET COMMITTEE 35. O-414-20 AN ORDINANCE CONCERNING THE LEVY OF TAXES WITHIN THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AND THE LOUISVILLE URBAN SERVICES DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2021. Sponsors:Primary Bill Hollander (D-9) and Additional Kevin Kramer (R-11) Attachments: O-414-20 V.1 090320 Levy of Taxes for FY 20-21.pdf Aug. 25, 2020 Letter from State Local Finance Office RE 2020 Assessment Info..pdf Enactment No: Ordinance 112-2020 Legislation assigned to COMMUNITY AFFAIRS, HEALTH AND EDUCATION COMMITTEE 36. O-413-20 AN ORDINANCE CREATING A NEW CHAPTER OF THE LOUISVILLE METRO CODE OF ORDINANCES TO PROHIBIT MENTAL HEALTH PROFESSIONALS FROM ENGAGING IN SEXUAL ORIENTATION AND GENDER IDENTITY CHANGE EFFORTS. Sponsors:Primary Bill Hollander (D-9), Primary Brandon Coan (D-8), Primary Nicole George (D-21), Primary Jessica Green (D-1), Primary Barbara Shanklin (D-2), Primary Kevin Triplett (D-15), Primary Pat Mulvihill (D-10), Additional David James (D-6) and Additional Markus Winkler (D-17) Attachments: O-413-20 V.1 090320 Ordinance Prohibiting Conversion Therapy.pdf Enactment No: Ordinance 117-2020 Legislation assigned to LABOR AND ECONOMIC DEVELOPMENT COMMITTEE 37. R-111-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LMPHW CONCERNING SPECIALIZED PHYSICIAN SERVICES IN THE AREA OF CHEMICAL DEPENDENCY TREATMENT - (DR. MARK JORRISCH, M.D. - $183,960.00). Sponsors:Primary David Yates (D-25) Attachments: R-111-20 V. 1 090320 LMPHW - CHEMICAL DEPENDENCY TREATMENT - (DR. MARK JORRISCH, M.D. - $183,960.00).pdf Dr Mark Jorrisch PSC Enactment No: Resolution 091-2020 Louisville Metro Government Page 18 Metro Council Action Summary - Final September 3, 2020 38. R-112-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FROM PARC CONCERNING MAINTENANCE SERVICE AND REPLACEMENT PARTS FOR PROPRIETARY PRODUCTS PURCHASED FROM - (HUB PARKING TECHNOLOGY USA, INC. - $299,140.74). Sponsors:Primary David Yates (D-25) Attachments: R-112-20 V. 1 090320 PARC - (HUB PARKING TECHNOLOGY USA, INC. - $299,140.74).pdf DocusignHUB Agreement FY21_PARC.pdf Enactment No: Resolution 092-2020 39. R-113-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FOR PARC CONCERNING PARKING METER REPLACEMENT PARTS - (POM, INCORPORATED - $75,000.00). Sponsors:Primary David Yates (D-25) Attachments: R-113-20 V. 1 090320 PARC - PARKING METER REPLACEMENT PARTS – (POM, INCORPORATED - $75,000.00).pdf PARC - Contract (Sole Source) with POM Incorporated FY21 073020_Redacted.pdf Enactment No: Resolution 093-2020 40. R-114-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FOR EMS CONCERNING CPR, FIRST AID AND CARDIOVASCULAR CARE MATERIALS - (AMERICAN HEART ASSOCIATION, INC., - $300,000.00). Sponsors:Primary David Yates (D-25) Attachments: R-114-20 V. 1 090320 EMS - CPR, FIRST AID, CARDIOVASCULAR CARE MATERIALS – (AMERICAN HEART ASSOCIATION, INC., - $300,000.00).pdf DocuSign_AHA_Contract__EMS.pdf Enactment No: Resolution 094-2020 Louisville Metro Government Page 19 Metro Council Action Summary - Final September 3, 2020 41. R-115-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LMPD CONCERNING A COORDINATOR FOR THE SEXUAL ASSAULT FORENSIC EXAMINER PROGRAM - (UNIVERSITY MEDICAL CENTER, INC., D/B/A UNIVERSITY OF LOUISVILLE HOSPITAL/JAMES GRAHAM BROWN CANCER CENTER - $92,000.00). Sponsors:Primary David Yates (D-25) Attachments: R-115-20 V. 1 090320 LMPD -COORDINATOR FOR SEXUAL ASSAULT FORENSIC EXAMINER PROGRAM - ($92,000.00).pdf Univ Hosp SAFE PSC Enactment No: Resolution 095-2020 Legislation assigned to PLANNING AND ZONING COMMITTEE 42. O-396-20 AN ORDINANCE CLOSING A PORTION OF THE RIGHT-OF-WAY KNOWN AS ANDERSON STREET AND AN ASSOCIATED, UNNAMED ALLEY CONTAINING APPROXIMATELY 9,169 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 20STRCLOSURE0009). Sponsors:Primary Barbara Sexton Smith (D-4) Attachments: O-396-20 V.1 090320 Closing Portion of Anderson St and Unnamed Alley.pdf 20-STRCLOSURE-0009.pdf 20-STRCLOSURE-0009_PC Minutes_082120.pdf 20-STRCLOSURE-0009_Staff Report_082120.pdf 20-STRCLOSURE-0009_Legal Description_082120.pdf 20-STRCLOSURE-0009_Plat_082120.pdf Enactment No: Ordinance 113-2020 Louisville Metro Government Page 20 Metro Council Action Summary - Final September 3, 2020 43. O-403-20 AN ORDINANCE AMENDING THE METRO LAND DEVELOPMENT CODE RELATING TO A REDUCTION OF MINIMUM PARKING REQUIREMENTS IN CERTAIN AREAS AS SUGGESTED IN PLAN 2040 COMPREHENSIVE PLAN (“PLAN 2040”) (CASE NO. 20-LDC-0001). Sponsors:Primary Brandon Coan (D-8) and Primary Nicole George (D-21) Attachments: O-403-20 V.1 090320 Reduction of Minimum Parking Requirement.pdf 20-LDC-0001.pdf 20-LDC-0001_PC_Minutes.pdf 20-LDC-0001_Staff Report.pdf Enactment No: Ordinance 114-2020 44. O-404-20 AN ORDINANCE AMENDING SECTION 8.2.1 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING CHANGING IMAGE SIGNS (CASE NO. 20-LDC-0002). Sponsors:Primary James Peden (R-23) Attachments: O-404-20 V.1 090320 - Amend LDC 8.2.1 Re Changing Image Signs.pdf 20-LDC-0002.pdf 20-LDC-0002_PC _Minutes.pdf 20-LDC-0002_Staff Reports.pdf Enactment No: Ordinance 115-2020 45. O-405-20 AN ORDINANCE AMENDING SECTION 1.2.2 AND CREATING SECTION 4.3.24 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING SMOKING RETAIL STORES (CASE NO. 20-LDC-0003). Sponsors:Primary Brandon Coan (D-8) Attachments: O-405-20 V.2 CAM 090820 Regarding Smoking Retail Stores .pdf O-405-20 V.1 090320 Regarding Smoking Retail Stores .pdf 20-LDC-0003.pdf 20-LDC_0003_PC Minutes.pdf 20-LDC-0003_Staff Report.pdf Louisville Metro Government Page 21 Metro Council Action Summary - Final September 3, 2020 Legislation assigned to PUBLIC WORKS COMMITTEE 46. O-402-20 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE LOUISVILLLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES (“LMCO”) SECTIONS 72.200 TO 72.999 (THE RESIDENTIAL PARKING PERMIT PROGRAM ORDINANCE). Sponsors:Primary Brandon Coan (D-8) and Primary Nicole George (D-21) Attachments: O-402-20 V.1 090320 Residential Parking Permit Program.pdf O-402-20 ATTACH Amendments to LMCO 72.200-72.999.pdf Enactment No: Ordinance 116-2020 Announcements Council President James stated that the sound issues in chambers were being looked at by local contractors in hopes that the echo issue can be resolved. Council Member Sexton Smith spoke about Labor Day, and the purpose and reason why it is a national holiday. She also thanked all of the great workers in the community. Council Member Engel spoke about Council Member Piagentini's reading of New Business and wished everyone a great Labor Day weekend. Council President James announced that the next Metro Council meeting would be on Thursday, September 17, 2020 at 6:00 p.m. Adjournment Without objection, Council President James adjourned the meeting at 8:23 p.m. Louisville Metro Government Page 22