MINUTES
LAGRANGE CITY COUNCIL MEETING
MARCH 2, 2009
CITY OFFICIALS PRESENT Elsie Carter, Mayor; Stephanie Cooper, City Clerk and Graham Whatley, City Attorney
COUNCIL MEMBERS PRESENT Tom Goldsmith, Wally Nay, Jason Taylor, Jean Knight, Melanie Woosley, Debbie Pollard and Linda Hall
Mayor Carter called the meeting at 6:37 p.m. and led the council and audience in the Pledge of Allegiance to the Flag.
Mayor Carter announces a change in order and goes into a closed session 61.81(1) (c) pending litigation. Councilman Nay made motion to go into closed session, seconded by Councilwoman Knight. Motion in favor passed unanimously, 8 to 0. Councilman Goldsmith made motion to go back into open session, seconded by Councilwoman Pollard. Motion in favor passed unanimously, 8 to 0.
Councilwoman Pollard wrote a letter of appreciation to Keith Crowder, Director of Public Works, and Mayor Elsie Carter. Councilwoman Pollard presented Keith Crowder with a certificate.
Councilwoman Knight made motion to change order of agenda and move new business to right now, seconded by Councilwoman Woosley. Motion in favor passed unanimously, 8 to 0. Councilwoman Woosley made motion on receipts or explanation of bills explained better in their packets. Councilman Taylor asked Mayor Carter to have the floor and said is it my understanding Councilwoman Woosley that you are requesting receipts, bills any kind of invoices, which include explanations of prices about purchases. Such as, you and I have requested documents under the open records act such as those documents, which we have received upon our request, rather than doing that each month basically having that as part of our packet, is that what I understand. Councilwoman Woosley stated if it is a check to write one thing I think it would be easy for Stephanie or whoever prepares to put check number, who the check is made out to, amount and what that one item was or what it is for but a lot of times a payment is going to cover several things and there are several things coming from different places. Councilman Taylor seconds Councilwoman Woosley's motion. Motion in favor of passed unanimously, 8 to 0. Councilwoman Knight asked Mayor Carter for floor and thinks that we need to have something that I have to clock in at my work and I think everybody should clock in wherever they work but we have looked into like a thumbprint clock. I'm not sure how much it cost but I don't think it is all that expensive and I don't know if there is anybody here that doesn't have to clock in or not but I have to. Councilwoman Woosley stated would that be something a committee like personnel and ordinance committee all one committee. Councilwoman Knight stated well that is something we need to talk about. Councilwoman Knight said I would like to make a motion that we get a time clock of some form. Councilman Taylor seconds motion that Councilwoman Knight has that purchase for City employees in each department. Councilwoman Woosley stated that I thought it would be best for personnel committee to meet and talk about and decide on which model to go with, which department to use it for and get department heads input. Mayor Carter stated we have now a motion and a second on the floor to get a thumbprint time clock for all departments in the City and asked Councilwoman Woosley if she wanted to add to that. Councilwoman Woosley stated that I thought it would be beneficial for committee to meet on that, discuss it and make a decision and also get information from department heads that they might need help in making that decision. Councilman Taylor withdraws his motion. Mayor Carter asked Councilwoman Woosley would this alter Ms. Knight's motion and if you're making an alteration would you ask her for permission. Councilwoman Woosley thinks it would be beneficial to have committee meet and get input that we might need. Mayor Carter asked Ms. Knight if she would accept Ms. Woosley's alteration of doing this and Councilwoman Knight agreed. Mayor Carter asked Councilman Taylor if he wants to consider seconding that motion now. Mayor Carter asked for a motion on the floor now is to have ordinance and personnel committee to investigate and come back to council with a recommendation for the purchase of a thumbprint type time clock. Councilman Taylor seconds the motion. Mayor Carter call for the question, all in favor say aye any opposed. Motion in favor passed unanimously, 8 to 0. Mayor Carter stated I believe Councilwoman Pollard that you have already called a meeting of the ordinance and personnel policy committee for March 3, 2009 at 7:30 p.m. Councilwoman Woosley asked Mayor Carter for the floor. I would also like to have a discussion about operating hours at City Hall. I know in the past it was changed to be four days a week I think because of rising gas prices. Councilwoman Woosley made motion for City Hall to be opened five days a week and go back to original schedule that is set by an ordinance that is in the handbook. Mayor Carter stated I think that I will take that under consideration but that is the call of the Mayor. Councilwoman Woosley said that is in the personnel policy handbook and in fact did you guys change that by ordinance when you changed it to four days a week. Councilman Taylor asked Mayor Carter for floor. Councilman Taylor seconds Councilwoman Woosley's motion. Motion in favor passed unanimously, 8 to 0. Councilwoman Woosley stated personnel handbook needs to be updated, it is out dated and needs to be revised, reviewed, looked over with a fine tooth comb and make sure that everything matches with what is already in place. Councilwoman Woosley stated one thing that stuck out to me was anti-drug policy. Employee under any kind of influence that policy is for them to be tested that blood alcohol level of .04 or above would be dealt with accordingly. Councilwoman Woosley made motion that we keep first paragraph the same but change the second paragraph to read blood alcohol level above .00 would be subject to disciplinary action. Councilwoman Pollard seconds motion. Mayor Carter stated that Graham Whatley has suggested that we look into committee to make sure that they are all functional but that if you would like to go on and make this motion we can or we can take it back to ordinance committee to see if in the function of personnel policy and this is one of the reasons why it was connected. The motion in favor of personnel policy is to change from .04 to .00 on alcohol passed unanimously, 8 to 0. Councilwoman Woosley would like to bring up the process of requesting receipts; I found some things that do not fit. On flowers to funerals and food to funerals, Kentucky League of Cities said we could not do that unless we take up a collection within the office or within council or whoever wants to participate but City can not pay for funeral food or flowers. Mayor Carter stated that there is a discretionary fund built into our budget, which allows her to do things like this.
APPROVAL OF MINUTES FOR FEBRUARY 9, 2009 MEETING Councilwoman Pollard made motion to accept minutes from February 9, 2009, seconded by Councilwoman Hall. The motion in favor passed unanimously, 8 to 0.
DISCOVER DOWNTOWN REPORT Barbara Edds gave report
PUBLIC COMMENT Kevin Woosley, 1016 Shoreline Drive, made comment on personnel handbook that it was created, governed by ordinance and can only be changed by ordinance. Richard W. Rankin, 519 Horton Road, commented on skateboarders
CYNTHIA STAFFORD WITH HDB SERVICE Cynthia and Steve Stafford did a presentation before Council and Mayor Carter
APPOINTMENT TO LAGRANGE UTILITIES COMMISSION Mayor Carter considers Wally Nay. No motion was made.
REAPPOINTMENT TO BOARD OF ADJUSTMENTS Mayor Carter considers Donald Endriss. No motion was made.
2ND READING AND PUBLIC HEARING OF ORDINANCE 14-2008 - AN ORDINANCE RELATING TO AN AMENDMENT TO THE EXISTING OLDHAM COUNTY COMPREHENSIVE ZONING ORDINANCE Councilwoman Pollard made motion to go into public hearing, seconded by Councilman Taylor. The motion in favor passed unanimously, 8 to 0. Louise Allen with Oldham County Planning and Zoning made comment that this was a clean up issue from new zoning ordinance adopted in 2007 and there are a variety of issues that the City's ordinance committee has looked at these we have discussed that. Councilman Goldsmith made motion to go out of public hearing, seconded by Councilman Nay. The motion in favor passed unanimously, 8 to 0. Councilwoman Woosley made motion to approve Ordinance 14-2008, seconded by Councilman Goldsmith. Mayor Carter did a roll call vote: Woosley-yes, Hall-yes, Pollard-yes, Knight-yes, Taylor-yes, Nay-yes, Goldsmith-yes, Davenport-yes. Ordinance 14-2008 passed unanimously, 8 to 0.
1ST READING OF ORDINANCE 3-2009 - AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF LAGRANGE Stephanie Cooper, City Clerk, read ordinance 3-2009. Second reading and public hearing will be April 6, 2009. Mayor Carter stated that we need a motion on the floor to send this ordinance to the ordinance committee for review for our second reading. Councilwoman Knight made motion, seconded by Councilman Goldsmith. The motion in favor passed unanimously, 8 to 0.
2ND READING AND PUBLIC HEARING OF ORDINANCE 1-2009 - AN ORDINANCE REGULATING USE OF SKATEBOARDS AND OTHER SIMILAR DEVICES Councilman
Goldsmith made motion to go into public hearing, seconded by Councilwoman Knight. The motion in favor passed unanimously, 8 to 0. Richard W. Rankin, 519 Horton Road, made comment that parents need to come forward. Councilwoman Pollard made motion to go out of public hearing, seconded by Councilwoman Woosley. The motion in favor passed unanimously, 8 to 0. Councilman Goldsmith made motion to approve Ordinance 1-2009, seconded by Councilwoman Pollard. Councilman Taylor made motion to amend Section 6 to reflect first offense $50.00 and second violation by $100.00. Mayor Carter asked Councilman Goldsmith if he would accept that as part of his motion or stand as read. Councilman Goldsmith accepts Councilman Taylor's amendment. Mayor Carter does a roll call vote: Councilwoman Woosley-yes, Councilwoman Hall-yes, Councilwoman Pollard-yes, Councilwoman Knight-yes, Councilman Taylor-yes, Councilman Nay-yes, Councilman Goldsmith-yes and Councilman Davenport-yes. The motion in favor passed unanimously, 8 to 0.
2ND READING AND PUBLIC HEARING OF ORDINANCE 2-2009 - AN ORDINANCE REVISING ZONING MAP OF CITY OF LAGRANGE/HILLS COMMUNITY- AUTUMN TRACE ON COMMERCE PARKWAY Deborah Bilitski with Wyatt, Tarrant & Combs is representing Hills Community, the applicant in this rezoning application, gave a presentation. Deborah Bilitski turned presentation over to Pat Dominick, engineer with Sabak, Wilson and Lingo. Michael Copfer, Hills Communities, spoke to Council on history of Hills Communities and summary of construction quality. Mayor Carter stated we need to have testimony and questions by those opposing the application. Richard Boswell, 532 Wood Lake Drive, made comment on rezoning. Mary Ann Smith, 512 Kentucky Avenue, made comment on binding elements for this plan. Chuck McCarrick had submitted written comments, which were in Council's packet. Willa Patzer, 534 Wood Lake Drive, had letter from Doug Wampler, President of Oldham Ahead, in support of opposition to Autumn Trace. David Leslie, 405 Wood Springs Drive, made comment on Mr. McCarrick's written comment. Laurel Tarbis, 614 Kentucky Avenue, made comment and passed out her 9-page comment to Council. Mayor Carter stated the time now is for questioning of the applicant and those opposing the application by the commission. Anyone on City Council has any questions of the applicant or those opposing. Councilwoman Knight asked Laurel Tarbis where she lives. Councilman Nay asked if there are any intentions to connect Autumn Trace with Clifford Lane. Deborah Bilitski stated it is in binding elements not to connect. Councilwoman Knight had question about schools. Deborah Bilitski mentions they had Oldham County Board of Education approval for this project. Mayor Carter stated now we will go to rebuttal evidence and cross-examination by the applicant. Deborah Bilitski gave the rebuttal evidence. Councilwoman Woosley questioned on storm water. Mayor Carter stated we would now have rebuttal evidence in cross-examination by the opposition. Laurel Tarbis spoke on cross-examination by opposition. Mayor Cater asked to go out of public hearing. Councilwoman Pollard made motion, seconded by Councilman Goldsmith. The motion in favor passed unanimously, 8 to 0. Councilman Davenport confused on time limit when it was approved or disapproved and then short time later it was approved. Councilman Davenport does not see any major changes still made from the time it was turned down until the time it was approved again. Councilman Davenport mentioned traffic situation in that area before and still think it is going to be a problem. Councilwoman Knight made comment on traffic. Mayor Carter asked for a motion on revising zoning map in City of LaGrange for Hills Communities/Autumn Trace on Commerce Parkway. Councilman Goldsmith made motion to approve Ordinance 2-2009, seconded by Councilwoman Hall. Councilman Taylor asked Mayor Carter if that motion was to approve with all binding elements. Mayor Carter said that it is with all binding elements that Planning and Zoning already made. Graham Whatley stated that he raised this issue to Council before and going to reiterate it again. The statute requires that Planning Commission made findings of fact, which is a legal term of ours, which is a factual basis, based on evidence for, or against as to why you are approving or disapproving. Councilman Goldsmith stated looking to approve of this plan meets the comprehensive plan. Graham Whatley asked Councilman Goldsmith if he could tell him and Councilman Goldsmith agreed. Graham Whatley stated on KRS 100.213(1) (a) that the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate and that there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered basic character of such area. Mayor Carter asked Councilman Goldsmith if these are his findings of fact and Councilman Goldsmith answered yes. Mayor Carter stated that Councilman Goldsmith would like to make a motion to approve the Hills Communities ordinance 2-2009 and his finding of facts for approving is that it meets the comprehensive plan, there have been major changes in area and that existing zoning is inappropriate and new zoning is appropriate for the area. Councilman Goldsmith responded that is correct. Mayor Carter asked if everyone understands the motion. Mayor Carter said yes means to approve development and vote no means you turn the development down. Mayor Carter calls for the question. Councilman Davenport-no, Councilman Goldsmith-no, Councilman Nay-no, Councilman Taylor-no, Councilwoman Knight-yes, Councilwoman Pollard-yes, Councilwoman Hall-yes and Councilwoman Woosley-yes. Mayor Carter states that there is a 4 to 4 tie and that in this case she cannot make a deciding vote, as the Mayor is not allowed to break a tie in a zoning case. Graham Whatley suggested revisiting the entire process and being specific about findings of fact based on what has been heard. Councilman Goldsmith stated that his concerns with this development are he does not agree with Council continuing to change zoning after it has already been zoned appropriate. In addition, making sure we have the infrastructure to support that. We need to come up with a master plan, which we have not come up with yet. And to keep approving these development changes or zoning changes without have a master plan and making sure that we have the infrastructure to support that is a failure on our part. That is why I have chosen to deny this because of those reasons. There have not been major changes to change the zoning. There have been no economic, physical, social changes to change it from R-2 to R-4. Councilman Goldsmith made motion to vote again on a new vote. On a motion to on, what I stated of why I did not choose to vote. Mayor Carter asked Councilman Goldsmith if he would like to state a motion to approve or disapprove. Councilman Goldsmith stated that I would like to make a motion to disapprove zoning change of this development because of what I stated before. Graham Whatley, if there is a tie it takes the majority of the entire Council. A vote of 4 to 4 would mean that this is approved and then go forward.
RESOLUTION 1-2009 - ARBOR DAY Councilwoman Knight made motion to approve Resolution 1-2009, seconded by Councilwoman Pollard. The motion in favor passed unanimously, 8 to 0.
ADJOURN Mayor Carter adjourned meeting at 10:35 p.m.
ELSIE B. CARTER, MAYOR
ATTEST:
STEPHANIE R. COOPER, CITY CLERK