Metro Council

Louisville Metro Government 601 W. Jefferson Street Louisville, KY 40202 Action Summary - Final Thursday, September 17, 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 17, 2020 Call to Order and Pledge of Allegiance Council President James called the meeting to order at 6:05 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, especially in children, and noted the number of people who have died (309) as of that morning and tested positive (15,509) as of the previous day in Louisville. 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 Kramer - Council Member Piagentini - Council Member George - Council Member Ackerson Members Roll Call A quorum was established. Present: 26 - 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 Paula McCraney (D-7), 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) Support Staff Genevieve First, Executive Assistant Hollie Hopkins, Jefferson County Attorney's Office Natalie Johnson, Jefferson County Attorney's Office Joan Sheffer, Department of Information Technology Louisville Metro Government Page 1 Metro Council Action Summary - Final September 17, 2020 Clerk(s) Sonya Harward, Clerk Connie Dearing, Assistant Clerk Addresses to the Council 1. ID 20-1201 Addresses to Council - September 17, 2020 Attachments: Addresses to Council 9-17-20.pdf Handout-T. Rector.pdf The Clerk called forward the following speakers: - Cynthia Schepers - Le Andra Williams - Tom Rector - Dan Seum - Kim Nethery - Aletha Fields - Lisa Willner - Shirley Mae Beard During the addresses to Council, Council President James briefly relinquished the chair to President Pro-Tem Winkler from 6:17 p.m. to 6:22 p.m. Council Minutes 2. ID 20-1183 Regular: Metro Council - September 3, 2020 Attachments: Action Summary for Metro Council 9-3-20.pdf 9-3-20 MC Unedited Transcript.pdf A motion was made by Council Member Piagentini, 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 Triplett, seconded by Council Member Fox, that the Committee Minutes be approved. The motion carried by a voice vote. 3. ID 20-1184 Regular: Committee of the Whole - September 3, 2020 Attachments: Action Summary for Committee of the Whole 9-3-20.pdf 4. ID 20-1194 Special: Committee on Equity and Inclusion - September 8, 2020 Attachments: Action Summary for Committee on Equity and Inclusion 9-8-20.pdf Louisville Metro Government Page 2 Metro Council Action Summary - Final September 17, 2020 5. ID 20-1195 Regular: Planning and Zoning Committee - September 8, 2020 Attachments: ActionSummary Planning and Zoning 09-08-20.pdf 6. ID 20-1180 Regular: Labor and Economic Development Committee - September 8, 2020 Attachments: Action Summary for Labor and Economic Development Committee 9-8-20.pdf 7. ID 20-1196 Regular: Public Works Committee - September 8, 2020 Attachments: ActionSummary for Public Works 09-08-20.pdf 8. ID 20-1182 Regular: Government Oversight and Audit Committee - September 8, 2020 Attachments: Action Summary for Government Oversight and Audit Committee 9-8-20.pdf 9. ID 20-1198 Regular: Community Affairs, Health and Education Committee - September 9, 2020 Attachments: Action Summary for Community Affairs, Health and Education 09-08-20 .pdf 10. ID 20-1199 Regular: Public Safety Committee - September 9, 2020 Attachments: Action Summary for Public Safety Committee 09.09.20.pdf 11. ID 20-1188 Regular: Appropriations Committee - September 9, 2020 Attachments: Action Summary for Appropriations Committee 09-09-20.pdf 12. ID 20-1189 Regular: Parks & Sustainability Committee - September 10, 2020 Attachments: Action Summary for Parks & Sustainability 9-10-20.pdf 13. ID 20-1197 Regular: Budget Committee - September 10, 2020 Attachments: Action Summary for Budget Committee 09-08-20.pdf 14. ID 20-1209 Regular: Committee on Committees - September 15, 2020 Attachments: Action Summary for Committee on Committees 9-15-20.pdf Louisville Metro Government Page 3 Metro Council Action Summary - Final September 17, 2020 15. ID 20-1210 Special: Government Oversight and Audit Committee - September 16, 2020 Attachments: Action Summary for Government Oversight and Audit 9-16-20.pdf Communications to the Council The Clerk read the appointments into the record. 16. ID 20-1190 Okolona Fire Protection District Board - Scott Adkins (New Appointment) Attachments: APT Okolona Fire Protection District Board 09.14.20.pdf 17. ID 20-1191 Planning Commission - Te'Andre Sistrunk (New Appointment) Attachments: APT Planning Commission 09.14.20.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: 26 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Legislation forwarded from APPROPRIATIONS COMMITTEE 18. 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 ORD 110 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 110-2020 Louisville Metro Government Page 4 Metro Council Action Summary - Final September 17, 2020 19. 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 ORD 111 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 111-2020 Legislation forwarded from BUDGET COMMITTEE 20. 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 ORD 112 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 112-2020 Legislation forwarded from GOVERNMENT OVERSIGHT AND AUDIT COMMITTEE 21. AP090820CB APPOINTMENT OF CARL BRAZLEY TO THE WASTE MANAGEMENT DISTRICT 109 BOARD. (TERM EXPIRES JUNE 22, 2022) Attachments: APT Waste Management District 109 Board 08.31.20.pdf Carl Brazley 08.31.20.pdf Applicants for Board - Waste Management District 109 Board 08.31.20.pdf Current Board - Waste Management District 109 Board 08.31.20.pdf This Appointment was approved on the Consent Calendar. Louisville Metro Government Page 5 Metro Council Action Summary - Final September 17, 2020 22. RP090820LN REAPPOINTMENT OF LISA NICHOLSON TO THE HOUSING AUTHORITY BOARD. (TERM EXPIRES AUGUST 15, 2023) Attachments: APT Housing Authority Board 08.31.20.pdf Lisa Nicholson 08.31.20.pdf Applicants for Board - Housing Authority Board 08.31.20.pdf Current Board - Housing Authority Board 08.31.20.pdf This Reappointment was approved on the Consent Calendar. 23. AP090820BJ APPOINTMENT OF BETTY JARBOE TO THE PLEASURE RIDGE PARK FIRE PROTECTION DISTRICT BOARD. (TERM EXPIRES JUNE 30, 2023) Attachments: APT Pleasure Ridge Park Fire Protection District Board 08.31.20.pdf Betty Jarboe 08.31.20.pdf Applicants for Board - PRP Fire Protection District Board 08.31.20.pdf Current Board - PRP Fire Protection District Board 08.31.20.pdf This Appointment was approved on the Consent Calendar. Legislation forwarded from LABOR AND ECONOMIC DEVELOPMENT COMMITTEE 24. 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 RES 091 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 091-2020 Louisville Metro Government Page 6 Metro Council Action Summary - Final September 17, 2020 25. 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 RES 092 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 092-2020 26. 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 RES 093 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 093-2020 27. 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) Louisville Metro Government Page 7 Metro Council Action Summary - Final September 17, 2020 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 RES 094 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 094-2020 28. 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 RES 095 2020.pdf This Resolution was adopted on the Consent Calendar. Enactment No: Resolution 095-2020 Legislation forwarded from PLANNING AND ZONING COMMITTEE 29. 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 ORD 113 2020.pdf This Ordinance was passed on the Consent Calendar. Louisville Metro Government Page 8 Metro Council Action Summary - Final September 17, 2020 Enactment No: Ordinance 113-2020 30. 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 ORD 114 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 114-2020 31. 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 ORD 115 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 115-2020 Legislation forwarded from PUBLIC WORKS COMMITTEE 32. 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) Louisville Metro Government Page 9 Metro Council Action Summary - Final September 17, 2020 Attachments: O-402-20 V.1 090320 Residential Parking Permit Program.pdf O-402-20 ATTACH Amendments to LMCO 72.200-72.999.pdf ORD 116 2020.pdf This Ordinance was passed on the Consent Calendar. Enactment No: Ordinance 116-2020 Old Business See the "Unedited Transcript of Metro Council Meeting - September 17, 2020.pdf" attached at the end of this Action Summary for additional information regarding the discussion of each item. 33. R-110-20 A RESOLUTION OF THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT EXPRESSING CONCERNS IN THE LEADERSHIP OF MAYOR GREG FISCHER AND URGING IMPROVED PARTNERSHIP WITH METRO COUNCIL TO ADDRESS THE ISSUES AFFECTING THE CITY OF LOUISVILLE (AMENDMENT BY SUBSTITUTION). Sponsors:Primary Kevin Kramer (R-11), Primary Stuart Benson (R-20), Primary Robin Engel (R-22), Primary Marilyn Parker (R-18), Primary Scott Reed (R-16), Primary Anthony Piagentini (R-19) and Primary James Peden (R-23) Attachments: R-110-20 V.2 FABS 091720 No Confidence.pdf R-110-20 V.1 082020 No Confidence.pdf RES 096 2020.pdf A motion was made by Council Member Sexton Smith, seconded by Council Member Purvis, that this Resolution be approved. The following spoke to this item: - Council Member Green - Council Member Kramer - Council Member Winkler A motion was made by Council Member Winkler, seconded by Council Member Sexton Smith, that this Resolution be amended by substitution, as shown in the attached document titled "R-110-20 V.2 FABS 091720 No Confidence.pdf." The following spoke to the amendment by substitution: - Council Member Peden - Council Member Coan Council Member Yates explained that he would be abstaining from the vote because he has a conflict of interest concerning the Explorer case, which is referenced in the current Resolution. The discussion regarding the amendment by substitution continued and the following spoke: - Council Member Parker Louisville Metro Government Page 10 Metro Council Action Summary - Final September 17, 2020 - Council Member Green - Council Member Piagentini Council President James briefly relinquished the chair to President Pro-Tem Winkler at 7:19 p.m., and resumed the chair at 7:22 p.m. The discussion regarding the amendment by substitution continued and the following spoke: - Council Member Fox - Council Member Kramer A motion was made by Council Member Kramer, seconded by Council Member Piagentini, that the proposed amendment by substitution to the Resolution be amended as follows: - Delete Whereas clauses 11 and 12 - Add a new Whereas clause that states: "WHEREAS, the Council believes that every Louisville Metro Citizen has the right to feel safe in his/her own neighborhood. The membership of the Louisville Metro Council believes new leadership in the Mayor’s Office is essential to bringing the change needed at LMPD, and we believe that the lack of trust that has occurred between our citizens and our government has unfortunately been fostered by the false claims of transparency and accountability by an administration marred by scandals in multiple departments, overtime abuses, as well as record high homicide and crime rates within our city." The following spoke to the proposed amendment: - Council Member Winkler - Council Member Blackwell - Council Member Mulvihill - Council Member McCraney - Council Member Fowler The motion to amend the proposed amendment by substitution failed by the following vote: Yes: 7- Kramer, Fowler, Parker, Piagentini, Benson, Engel and Peden No: 17 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Blackwell, Fox, Triplett, Winkler, George, Flood and Ackerson Absent: 1- Reed Abstain: 1- Yates Enactment No: Resolution 096-2020 The discussion returned to the proposed amendment by substitution and the following spoke: - Council Member Hollander - Council Member Shanklin - Council Member Blackwell - Council Member Dorsey - Council Member Purvis - Council Member Sexton Smith - Council Member George - Council Member Fowler Louisville Metro Government Page 11 Metro Council Action Summary - Final September 17, 2020 - Council Member Kramer A motion was made by Council Member Kramer, seconded by Council Member Piagentini, that the proposed amendment by substitution to the Resolution be amended as follows: -Change current SECTION III to SECTION IV. -Add a new SECTION III that states: "The council recognizes that the 14 proceeding issues are ones that the Mayor has thus far failed to accomplish and requests that the Mayor re-examine his resolve and consider resignation. -Add "If the Mayor refuses to resign" at the beginning of SECTION IV in front of the following language: "the Council stands ready as a co-equal branch of government to work with Mayor Greg Fischer and the Administration to advance these policies for the benefit of all residents of Louisville Metro. Failure to advance these objectives will result in further actions by the Council." The following spoke to the proposed amendment: - Council Member Coan The motion to amend the proposed amendment by substitution failed by the following vote: Yes: 6- Kramer, Parker, Piagentini, Benson, Engel and Peden No: 18 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Blackwell, Fox, Fowler, Triplett, Winkler, George, Flood and Ackerson Absent: 1- Reed Abstain: 1- Yates Enactment No: Resolution 096-2020 The discussion on the proposed amendment by substitution resumed and the following spoke: - Council Member Winkler A motion was made by Council Member Winkler, seconded by Council Member Green, to Call the Question on discussion of the amendment by substitution. The motion carried by the following vote: Yes: 21 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Blackwell, Fox, Fowler, Triplett, Winkler, Parker, Benson, George, Engel, Peden and Flood No: 3- Kramer, Piagentini and Ackerson Absent: 1- Reed Abstain: 1- Yates Enactment No: Resolution 096-2020 The motion to amend by substitution carried by the following vote: Yes: 14 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Mulvihill, Blackwell, Fox, Fowler, Triplett, Winkler and Flood Louisville Metro Government Page 12 Metro Council Action Summary - Final September 17, 2020 No: 11 - Coan, Hollander, Kramer, Reed, Parker, Piagentini, Benson, George, Engel, Peden and Ackerson Abstain: 1- Yates Enactment No: Resolution 096-2020 The following spoke to the Resolution as amended by substitution: - Council Member Ackerson Council President James briefly relinquished the chair to President Pro-Tem Winkler at 8:55 p.m., and resumed the chair at 8:58 p.m. The discussion on the Resolution as amended by substitution continued and the following spoke: - Council Member Kramer - Council Member Piagentini The motion to approve carried by the following vote and the Resolution as amended by substitution was adopted: Yes: 22 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Piagentini, Benson, Engel, Flood, Yates and Ackerson No: 4- Coan, Hollander, George and Peden Enactment No: Resolution 096-2020 NOTES: (1) Some Council Members explained their votes, and Council Member Yates explained that he no longer had a conflict since the Resolution as amended by substitution no longer references the Explorer case. (2) All of the original sponsors, except for Council Member Peden, chose to remain sponsors of the Resolution as amended by substitution. Enactment No: Resolution 096-2020 34. 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), Additional Markus Winkler (D-17) and Additional Keisha Dorsey (D-3) Attachments: O-413-20 V.1 090320 Ordinance Prohibiting Conversion Therapy.pdf ORD 117 2020.pdf A motion was made by Council Member Triplett, seconded by Council Member Sexton Smith, that this Ordinance be approved. The following spoke to this item: - Council Member Hollander - Council Member Benson Louisville Metro Government Page 13 Metro Council Action Summary - Final September 17, 2020 - Council Member Ackerson - Council Member George - Council Member Yates - Council Member Piagentini - Council Member Winkler - Council Member Dorsey Council President James, Council Member Winkler, and Council Member Dorsey asked to be added as co-sponsors. The motion to approve carried by the following vote and the Ordinance passed: Yes: 24 - Green, Shanklin, Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Winkler, Parker, Piagentini, George, Engel, Peden, Flood, Yates and Ackerson No: 1- Benson Absent: 1- Reed Enactment No: Ordinance 117-2020 35. 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] MOBILE RADIO UPDGRADES AND BALLISTIC HELMETS WITH FACE SHIELDS FOR THE MIDDLETOWN POLICE DEPARTMENT (AS AMENDED). Sponsors:Primary Anthony Piagentini (R-19) Attachments: O-409-20 V.2 CAM 092920 NDF COM Police Safety Equipment.pdf O-409-20 UPDATED NDF090920COM19 (Part 1).pdf O-409-20 UPDATED NDF092220COM19 (Part 2).pdf 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 A motion was made by Council Member Fox, seconded by Council Member Purvis, that this Ordinance be recommended for approval. The following spoke to this item: - Council Member Blackwell - Council Member Piagentini - Council Member Fox - Council Member Coan - Council Member Kramer - Council Member Ackerson - Council Member Peden - Council Member Yates - Council Member Sexton Smith Louisville Metro Government Page 14 Metro Council Action Summary - Final September 17, 2020 - Council Member Dorsey - Natalie Johnson, Jefferson County Attorney's Office - Council Member McCraney - Council Member Parker A motion was made by Council Member Piagentini, seconded by Council Member Kramer, that this Ordinance be recommitted to the Appropriations Committee. The motion to recommit carried by a voice vote. 36. AP090820JT APPOINTMENT OF JAMES TUTT TO THE DOWNTOWN DEVELOPMENT OVERLAY DISTRICT BOARD. (TERM EXPIRES JANUARY 31, 2023) Attachments: APT Downtown Development District Overlay Board 08.31.20.pdf James Tutt 08.31.20.pdf Applicants for Board - DDRO District Board 08.31.20.pdf Current Board - DDRO District Committee 08.31.20.pdf A motion was made by Council Member Engel, seconded by Council Member McCraney, that this Appointment be approved. The following spoke to this item: - Council Member Ackerson Council Member Sexton Smith and Council President James explained why they would be abstaining. Council President James relinquished the chair to President Pro-Tem Winkler at 10:20 p.m. The motion carried by the following vote and the Appointment was approved: *Council President James resumed the chair after the vote results were announced at 10:22 p.m. Yes: 19 - Dorsey, Purvis, McCraney, Coan, Hollander, Mulvihill, Blackwell, Fox, Fowler, Triplett, Reed, Winkler, Parker, Benson, George, Engel, Peden, Flood and Ackerson Absent: 5- Green, Shanklin, Kramer, Piagentini and Yates Abstain: 2- Sexton Smith and James 37. O-164-20 AN ORDINANCE RELATING TO THE ALTERNATIVE PLAN FOR CONNECTIVITY FOR, AND THE ZONING OF, PROPERTIES LOCATED AT 7000 RIDGE CREEK ROAD 6601 SUNNY HILL ROAD, AND 7191 SOUTH HURSTBOURNE PARKWAY CONTAINING APPROXIMATELY 16.55 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE1029) (AS AMENDED). Sponsors:Primary Madonna Flood (D-24) Louisville Metro Government Page 15 Metro Council Action Summary - Final September 17, 2020 Attachments: O-164-20 V.2 CAM 090820 Rezoning at 7000 Ridge Creek Rd and 6601 Sunny Hill Rd 7191 S Hurstbourne Pkwy.pdf O-164-20 V.1 042320 Rezoning at 7000 Ridge Creek Rd, 6601 Sunny Hill Rd & 7191 S Hurstbourne Pkwy 19ZONE1029.pdf 19ZONE1029.pdf 19-ZONE-1029 PC Minutes.pdf 19-ZONE-1029 Other Minutes.pdf 19-ZONE-1029 Staff Reports.pdf 19-ZONE-1029 Legal Description.pdf 19-ZONE-1029 Applicant Booklet.pdf 19-ZONE-1029 Applicant Booklet Pg 2.pdf 19-ZONE-1029 Justification Statement.pdf 19-ZONE-1029 Public Materials.pdf 19-ZONE-1029 Approved Plan.pdf 19-ZONE-1029 Amended Mintues.pdf ORD 118 2020.pdf A motion was made by Council Member Purvis, seconded by Council Member Dorsey, that this Ordinance be approved. The following spoke to this item: - Council Member Flood - Council Member Peden The motion carried by the following vote and the Ordinance passed: Yes: 22 - Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Winkler, Parker, Piagentini, Benson, George, Engel, Flood, Yates and Ackerson No: 1- Peden Absent: 3- Green, Shanklin and Reed Enactment No: Ordinance 118-2020 38. O-327-20 AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 2962 BRECKENRIDGE LANE CONTAINING APPROXIMATELY 1.23 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 20ZONE0007). Sponsors:Primary Madonna Flood (D-24) Louisville Metro Government Page 16 Metro Council Action Summary - Final September 17, 2020 Attachments: O-327-20 V.1 081120 Zoning at 2962 Breckenridge Ln.pdf 20-ZONE-0007.pdf 20-ZONE-0007_Other Mins_072820.pdf 20-ZONE-0007_Staff Reports_072820.pdf 20-ZONE-0007_Legal Description_072820.pdf 20-ZONE-0007_Justification Statement_072820.pdf 20-ZONE-0007_Public Materials_072820.pdf 20-ZONE-0007_Plan_072820.pdf 20-ZONE-0007_PC Minutes_073120.pdf ORD 119 2020.pdf A motion was made by Council Member Purvis, seconded by Council Member Engel, that this Ordinance be approved. The following spoke to this item: - Council Member Flood - Council Member Ackerson The motion carried by the following vote and the Ordinance passed: Yes: 23 - Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Absent: 3- Green, Shanklin and Reed Enactment No: Ordinance 119-2020 39. O-371-20 AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 534-538 EAST BRECKINRIDGE STREET CONTAINING APPROXIMATELY 0.331 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 20ZONE0030). Sponsors:Primary Madonna Flood (D-24) Attachments: O-371.20 V.1 082520 Zoning at 534-538 E. Breckingridge St.pdf 20-ZONE-0030.pdf 20-ZONE-0030_PC Minutes_080520.pdf 20-ZONE-0030_Other Minutes_080520.pdf 20-ZONE-0030_Staff Reports_080520.pdf 20-ZONE-0030_Legal Description_080520.pdf 20-ZONE-0030_Applicant Booklet_080520.pdf 20-ZONE-0030_Applicant Justification_080520.pdf 20-ZONE-0030_Plan_080420.pdf ORD 120 2020.pdf A motion was made by Council Member Purvis, seconded by Council Member Dorsey, that this Ordinance be approved. Louisville Metro Government Page 17 Metro Council Action Summary - Final September 17, 2020 The following spoke to this item: - Council Member Flood - Council Member Sexton Smith The motion carried by the following vote and the Ordinance passed: Yes: 23 - Dorsey, Sexton Smith, Purvis, James, McCraney, Coan, Hollander, Mulvihill, Kramer, Blackwell, Fox, Fowler, Triplett, Winkler, Parker, Piagentini, Benson, George, Engel, Peden, Flood, Yates and Ackerson Absent: 3- Green, Shanklin and Reed Enactment No: Ordinance 120-2020 New Business The Clerk provided a first reading of New Business and the respective committee assignments for the record. Legislation assigned to APPROPRIATIONS COMMITTEE 40. O-433-20 AN ORDINANCE APPROPRIATING $5,000.00 FROM DISTRICT 5 NEIGHBORHOOD DEVELOPMENT FUNDS, THROUGH THE OFFICE OF MANAGEMENT AND BUDGET, TO NEIGHBORHOOD HOUSE INC., TO GO TOWARD THE PURCHASE AND INSTALLATION OF A BOILER. Sponsors:Primary Donna L. Purvis (D-5) Attachments: O-433-20 V.1 091720 Purchase & Install Boiler NDF.pdf O-433-20 NDF092920NH05.pdf Enactment No: Ordinance 121-2020 Legislation assigned to BUDGET COMMITTEE 41. O-438-20 AN ORDINANCE AMENDING ORDINANCE NO. 072, SERIES 2020, RELATING TO THE FISCAL YEAR 2020-2021 CAPITAL BUDGET FOR LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, BY TRANSFERRING $20,500 BETWEEN DISTRICT 26 CAPITAL INFRASTRUCTURE FUND PROJECTS. Sponsors:Primary Brent Ackerson (D-26) Attachments: O-438-20 V.1 091720 District 26 Capital Budget.pdf Enactment No: Ordinance 122-2020 Louisville Metro Government Page 18 Metro Council Action Summary - Final September 17, 2020 Legislation assigned to COMMUNITY AFFAIRS, HEALTH AND EDUCATION COMMITTEE 42. R-119-20 RESOLUTION URGING THE JEFFERSON COUNTY CLERK TO RELEASE THE DETAILS FOR THE GENERAL ELECTION IN NOVEMBER 2020. Sponsors:Primary David James (D-6) Attachments: R-119-20 V.1 091720 - County Clerk 2020 Election Plan.pdf Legislation assigned to LABOR AND ECONOMIC DEVELOPMENT COMMITTEE 43. R-117-20 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 LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00). Sponsors:Primary David Yates (D-25) Attachments: R-117-20 V.1 091720 LMPHW - LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00).pdf U of L Lab Director Legislation assigned to PLANNING AND ZONING COMMITTEE 44. O-426-20 AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 7600 & 7602 BARDSTOWN ROAD AND 9700, 9703, 9608 AND 9610 BARTLEY DRIVE CONTAINING APPROXIMATELY 4.7 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 20ZONE0041). Sponsors:Primary Madonna Flood (D-24) Louisville Metro Government Page 19 Metro Council Action Summary - Final September 17, 2020 Attachments: O-426-20 V.1 091720 Zoning at 7600 -7620 Bardstown Rd.-9700 9703 9608 9610 Bartley Drdocx.pdf 20-ZONE-0041.pdf 20-ZONE-0041 PC Minutes.pdf 20-ZONE-0041 PC Minutes 2.pdf 20-ZONE-0041 LDT Minutes.pdf 20-ZONE-0041 Staff Reports.pdf 20-ZONE-0041 Legal Description.pdf 20-ZONE-0041 Applicant Booklet.pdf 20-ZONE-0041 Justification.pdf 20-ZONE-0041 Traffic Impact Study.pdf 20-ZONE-0041 Plan.pdf 45. O-427-20 AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 10001 CEDAR CREEK ROAD CONTAINING APPROXIMATELY 58.03 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 20ZONE0005). Sponsors:Primary Madonna Flood (D-24) Attachments: O-427-20 V.1 091720 Zoning at 10001 Cedar Creek Rd.pdf 20-ZONE-0005.pdf 20-ZONE-0005 PC Minutes.pdf 20-ZONE-0005 PC Minutes 2.pdf 20-ZONE-0005 Other Minutes.pdf 20-ZONE-0005 Staff Reports.pdf 20-ZONE-0005 Legal Description.pdf 20-ZONE-0005 Applicant Studies.pdf 20-ZONE-0005 Booklet.pdf 20-ZONE-0005 Justification.pdf 20-ZONE-0005 Plan.pdf Enactment No: Ordinance 124-2020 46. O-428-20 AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 5206 STONY BROOK DRIVE CONTAINING APPROXIMATELY 0.8339 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1089). Sponsors:Primary Madonna Flood (D-24) Louisville Metro Government Page 20 Metro Council Action Summary - Final September 17, 2020 Attachments: O-428-20 V.1 091720 Zoning at 5206 Stony Brook Dr .pdf 18ZONE1089.pdf 18ZONE1089.pdf 18ZONE1089 PC Minutes.pdf 18ZONE1089 PC Minutes 2.pdf 18ZONE1089 Other Minutes.pdf 18ZONE1089 Staff Reports.pdf 18ZONE1089 Legal Description.pdf 18ZONE1089 Applicant Booklet.pdf 18ZONE1089 Plan.pdf Enactment No: Ordinance 125-2020 47. O-440-20 AN ORDINANCE RELATING TO THE TIME AND LOCATION OF PLANNING COMMISSION PUBLIC HEARINGS DURING STATES OF EMERGENCY Sponsors:Primary Cindi Fowler (D-14) Attachments: O-440-20 V.1 091720 Planning Commission Night Meetings.pdf Proposed Bylaw Amendment - Sept 2020_v9.pdf PC Bylaws and Policies 2020.09.17.pdf Legislation assigned to PUBLIC SAFETY COMMITTEE 48. R-120-20 AN RESOLUTION URGING METRO GOVERNMENT TO TAKE ALL POSSIBLE STEPS TO REQUIRE DRUG AND ALCOHOL TESTING OF LOUISVILLE METRO POLICE DEPARTMENT OFFICERS WHEN CRITICAL INCIDENTS OCCUR. Sponsors:Primary David James (D-6) and Primary Barbara Sexton Smith (D-4) Attachments: R-120-20 V.1 091720 Drug Testing for LMPD After Incidents.pdf Legislation assigned to PUBLIC WORKS COMMITTEE 49. R-116-20 A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. TWO (2), IN JEFFERSON COUNTY IN CONNECTION WITH THE TUCKER STATION ROAD PROJECT. Sponsors:Primary Stuart Benson (R-20) Louisville Metro Government Page 21 Metro Council Action Summary - Final September 17, 2020 Attachments: R-116-20 V.1 091720 Condemnation Action Against Owners Parcel No 2.pdf R-116-20 Exhibit A - Monica Kute Parcel - Legal Description.pdf R-116-20 Exhibit B - Monica Kute Parcel Acquisition.pdf Enactment No: Resolution 097-2020 50. R-118-20 A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. THREE (3), IN JEFFERSON COUNTY IN CONNECTION WITH THE WHIPPS MILL ROAD AND LAGRANGE ROAD INTERSECTION. Sponsors:Primary Paula McCraney (D-7) Attachments: R-118-20 V.1 and Exhibit A 091720 Whipps Mill Rd - LaGrange Rd Condemnation Action.pdf R-118-20 Exhibit B - Weiter and Perkins Parcel Acquisition.pdf Enactment No: Resolution 098-2020 Announcements Council President James informed the Council the Council Member Green had to leave the meeting a little early because she was on her way to bring new life into the world. Council President James announced that the next Metro Council meeting would be on Thursday, October 8, 2020 at 6:00 p.m. Adjournment Without objection, Council President James adjourned the meeting at 10:39 p.m. Unedited Transcript of Meeting ID 20-1270 Unedited Transcript of Metro Council Meeting - September 17, 2020 NOTE: This script is produced by an outside company and has not been edited. Attachments: Unedited Transcript of Metro Council Meeting - September 17, 2020.pdf Louisville Metro Government Page 22