MINUTES

LAGRANGE CITY COUNCIL

SEPTEMBER 8, 2009

CITY OFFICIALS PRESENT       Elsie Carter, Mayor, Stephanie Cooper, City Clerk and Graham Whatley, City Attorney.

COUNCIL MEMBERS PRESENT           Joe Davenport, Tom Goldsmith, Wally Nay, Jason Taylor, Jean Knight, Melanie Woosley, Debbie Pollard and Linda Hall.

Mayor Carter called the meeting at 6:39 p.m.  Mayor Carter led council and audience in the Pledge of Allegiance to the Flag.

APPROVAL OF MINUTES FOR AUGUST 3, 2009 MEETING   Councilwoman

Hall made motion to approve August 3, 2009 minutes, seconded by Councilwoman Woosley.  The motion in favor of passed unanimously, 8 to 0.

APPROVAL OF MINUTES FOR AUGUST 31, 2009 SPECIAL MEETING  Councilwoman Knight made motion to approve August 31, 2009 special meeting minutes, seconded by Councilman Nay.  The motion in favor of passed unanimously, 8 to 0.

DISCOVER DOWNTOWN LAGRANGE REPORT     Barbara Edds, gave report on past and present events.

RESOLUTION 8-2009 - INSTALLING SAFETY GATES AT SECOND STREET CROSSING, ENTERING INTO WRITTEN AGREEMENTS WITH CSX  Bryan Glover, with CSX, made a presentation to Mayor and Council.

PUBLIC COMMENT          Cheri Erpelding, 205 and 207 East Main Street, commented on cleaning up East Main Street.  Mary Ann Smith, 512 West Kentucky Street, commented on decibels of train horn and speed of train.  Kevin Woosley, 1016 Shoreline Drive, made comment to Council about having an ordinance in place to close a street and made comment on keeping the quiet zone.  Richard W. Rankin, 519 Horton Road, made comment on City of LaGrange Police running radar in Buckner.  David Voegele, 400 North Fifth Street, made comment on keeping the quiet zone and to keep Second Street open. Tom Cox, 7514 Sunset Ln, Crestwood, made comment once crossing is closed, it cannot be opened.  John Fendley, 402 North Fourth Street, made comment on not to close Second Street.  Rick Rash, 7409 Autumn Bent Way, made comment to Council that CSX is giving the City a second chance and to keep Second Street open.  John Black, 108 North Fifth Street, made comment on closing of Second Street.  Joan Carby, 101 North Sixth Street, comment on supporting the quiet zone.  Wayne Theiss, 200 West Jefferson Street, made comment on traffic flow if Second Street was closed.  Albert Harrison, 114 McMakin Manor, made comment on do what is best for the City. 

Councilman Goldsmith made motion on Resolution 8-2009, seconded by Councilman Davenport.  After discussion among the City Council, Councilman Goldsmith made motion again on Resolution 8-2009, seconded by Councilman Davenport.  Mayor Carter calls for the question: Davenport-yes, Goldsmith-yes, Nay-yes, Taylor-no, Knight-abstain, Woosley-no, Pollard-no and Hall-no. 4-no, 3-yes, 1-abstain

Mayor Carter calls for a ten-minute break at 8:28 p.m.  Mayor Carter calls meeting back in session at 8:52 p.m.  Mayor Carter explained the reason for delay she wanted to check to see where abstention went and evidently, it does go with out even a consideration.  The vote is 4-no and 3-yes.  Mayor Carter asked Council for reconsideration.  Councilwoman Pollard made motion to reconsider this and the Resolution that we have in effect still stays and also if nothing is done by November 1, 2009, than we start proceedings to close Second Street at this point, seconded by Councilwoman Hall.  Mayor Carter asked for all in favor to say "aye": Hall, Pollard, Knight, Taylor, Nay, Goldsmith and Davenport.  And any opposed: Woosley-no. Mayor Carter told Councilwoman Pollard yes we would consider your motion.  Councilwoman Pollard stated I want the motion to be considered that the Resolution we voted on in July is still in effect and that we put this in the Mayor's hand to get this taken care of and come November 1, 2009 if nothing is done than we close Second Street.  Mayor Carter stated to Councilwoman Pollard that you are saying to take out the guarantee part so CSX will be amenable to looking at it.  Councilwoman Pollard responded yes.  Councilman Goldsmith seconds motion.  Mayor Carter does a roll call vote: Hall-yes, Pollard-yes, Woosley-no, Knight-yes, Taylor-no, Nay-yes, Goldsmith-yes and Davenport-yes.  The motion in favor of passed 6 to 2.  Mayor Carter stated now I understand that we need to take Resolution 8-2009 and read it into the record and vote on this.  Graham Whatley reads Resolution 8-2009 with amendment which states "The Resolution with amendment added that if no action is taken, action meaning proof of positive affirmative step including but not limited to CSX approval of engineering study movement towards engineering survey scheduled than by November 1, 2009, City shall begin proceedings to close Second Street.  Mayor Carter calls for the question: Davenport-yes, Goldsmith-yes, Nay-yes, Taylor-no, Knight-yes, Woosley-no, Pollard-yes and Hall-yes.  The motion in favor of Resolution 8-2009 with amendment passed 6 to 2.

2ND READING AND PUBLIC HEARING OF ORDINANCE 6-2009 - AN ORDINANCE LEVYING A GENERAL TAX FOR THE CITY OF LAGRANGE, KY         Councilman Taylor made motion to go into public hearing, seconded by Councilwoman Knight.  The motion in favor of passed unanimously, 8 to 0.  Kevin Woosley, 1016 Shoreline Drive, made comment to Council about fire department and lowering tax from .22 to .20 percent.  Mary Ann Smith, 512 Kentucky Avenue, made comment on the 10 percent insurance tax premium and to lower tax to .20 percent.  Councilman Taylor made motion to go out of public hearing, seconded by Councilman Nay.  The motion in favor of passed unanimously, 8 to 0.  Councilman Taylor made motion to amend Ordinance 6-2009 to .20 cents per hundred dollars worth of real property tax, seconded by Councilman Goldsmith.  Mayor Carter call for the question: Davenport-no, Goldsmith-yes, Nay-no, Taylor-yes, Knight-yes, Woosley-yes, Pollard-yes and Hall-yes.  The motion in favor of amendment of Ordinance 6-2009 passed, 6 to 2.  Councilman Taylor made motion to approve Ordinance 6-2009 with the amendment of .20 percent, seconded by Councilwoman Knight.  Mayor Carter does a roll call vote: Davenport-no, Goldsmith-yes, Nay-yes, Taylor-yes, Knight-yes, Woosley-yes, Pollard-yes and Hall-yes.  The motion in favor of Ordinance 6-2009 passed 7 to1.

RESOLUTION 7-2009 - KY OFFICE OF HOMELAND SECURITY TO PROVIDE BODY ARMOR, FIREARMS, AMMUNITION TO OFFICERS Councilwoman Woosley made motion to approve Resolution 7-2009, seconded by Councilwoman Pollard.  Mayor Carter does a roll call vote: Davenport-yes, Goldsmith-yes, Nay-yes, Taylor-yes, Knight-yes, Woosley-yes, Pollard-yes and Hall-yes.  The motion in favor of Resolution 7-2009 passed unanimously, 8 to 0.

NEW BUSINESS/COMMITTEE REPORTS    Councilwoman Pollard mentioned about complaints on newspapers from Courier Journal littering driveways within the City. 

ADJOURN   Mayor Carter adjourned meeting at 9:35 p.m.

                                                                        ELSIE B. CARTER, MAYOR

ATTEST:

STEPHANIE R. COOPER, CITY CLERK