Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council convened on August 13, 2009, at 7:00 P.M., with Mayor Jim Newberry presiding. The meeting covered 7 agenda items, including ordinances at both first and second reading stages, resolutions, communications from the Mayor, and a zone change hearing. Over the course of the meeting, the Council took 8 votes and heard 2 public comments. Among the notable actions, the Council approved ordinances on second reading, advanced additional ordinances and resolutions through their first readings, and acted on communications from the Mayor. The zone change hearing addressed two properties — 2981 Cadentown Road and 3097 Old Todds Road — with the Council approving the zone change for 3097 Old Todds Road while denying the request for 2981 Cadentown Road.

Attendance

The following members were present at the August 13, 2009 Council meeting:

• Feigel
• Gorton
• Gray
• Henson
• James
• Lane
• Lawless
• McChord
• Myers
• Stinnett
• Beard
• Blues
• Crosbie
• Ellinger

Absent: Martin

No members were recorded as late.

Votes and Decisions

The August 13, 2009 Council meeting included eight recorded votes.

• Approval of minutes from previous meetings was moved by Crosbie and seconded by Henson. The motion passed unanimously, 14–0, with all members voting in favor: Feigel, Gorton, Gray, Henson, James, Lane, Lawless, McChord, Myers, Stinnett, Beard, Blues, Crosbie, and Ellinger. 3:23

• Approval of ordinances 1 through 6 was moved by Crosbie and seconded by Myers. The motion passed 14–0 on a roll call vote, with all fourteen members voting in favor. 5:32

• Amendment to ordinance 11 to add funds for historic preservation was moved by Gorton and seconded by Crosbie. The motion passed on a voice vote. 8:17

• Approval of resolutions 17 and 21 was moved by Ellinger and seconded by Beard. The motion passed 14–0 on a roll call vote, with all fourteen members voting in favor. 1:08:56

• Approval of mayoral appointments was moved by Lane and seconded by Henson. The motion passed on a voice vote. 1:09:31

• Adoption of findings of fact for 3097 Old Todds Road and disapproval for 2981 Cadentown Road was moved by Stinnett. The motion passed 9–4 on a roll call vote. Voting in favor: Gray, Henson, James, Lawless, McCord, Myers, Stinnett, Beard, and Blues. Voting against: Feigel, Lane, Crosbie, and Ellinger. 2:56:53

• Approval of ordinance 7A for 3097 Old Todds Road passed 12–0 on a roll call vote. Voting in favor: Feigel, Gray, Henson, James, Lane, Lawless, McCord, Myers, Stinnett, Beard, Blues, and Crosbie. 3:13:17

• Disapproval of ordinance 7B for 2981 Cadentown Road failed on a roll call vote, 3–9. Voting in favor of disapproval: Feigel, Lane, and Crosbie. Voting against disapproval: Gray, Henson, James, Lawless, McCord, Myers, Stinnett, Beard, and Blues. 3:17:34

Budget and Financial Actions

The Council considered several contracts and purchases at the August 13, 2009 meeting, spanning sewer infrastructure work and equipment acquisition.

SSA Group 2/3 Sewershed Field Activities

Three separate contracts were presented related to SSA Group 2/3 Sewershed Field Activities:

• Contract 2 – Flow Monitoring Services: A contract with ADS, LLC in the amount of $536,794 for flow monitoring services.
• Contract 3 – Field Services: A contract with Woolpert in the amount of $2,933,902.20 for field services work.
• Contract 4 – Raising Manhole Covers: A contract with Tobacco Rose Farm Construction & Development Services in the amount of $1,381,531 for raising manhole covers.

Together, these three contracts represent a combined commitment of approximately $4,852,227.20 in support of sewershed field activities under the SSA Group 2/3 program.

Equipment Purchase

• The Council also considered a purchase of an Aerial Cable Placer and Truck for the Division of Facilities and Fleet Management from Altec Industries at a cost of $86,171.

No resolution numbers were included in the available data for these items. Timestamps were not available for individual financial agenda items.

Public Comment

Two members of the public addressed the Council during the public comment period of the August 13, 2009 meeting.

• Bernard McCarthy 1:12:19 raised concerns about the use of tax dollars on streetscapes and aesthetic improvements, arguing that resources would be better directed toward increasing street capacity. He also questioned the relative reliability of underground utility lines compared to overhead utility lines, suggesting that the practical tradeoffs of undergrounding utilities warranted further scrutiny.

• Mr. Keillor 1:15:16 spoke specifically about the Newtown Pike extension, challenging the city's current plans for the corridor. He advocated for a parkway design rather than a standard thoroughfare approach, and expressed opposition to the inclusion of overhead utilities along the extension.

Both speakers touched on related themes of infrastructure priorities and utility placement, reflecting broader public interest in how the city balances aesthetic goals with functional and fiscal considerations in its transportation and streetscape planning.

Appointments

The Council took action on several appointments to city boards and commissions during the August 13, 2009 meeting.

• Louis Stout was reappointed to the Board of Adjustment.
• Derek Paulsen was appointed to the Planning Commission.
• Lynn Roche-Phillips was reappointed to the Planning Commission.

In total, the Council confirmed one new appointment and two reappointments across two bodies. The Board of Adjustment and Planning Commission each saw membership addressed, with the Planning Commission receiving both a new member in Derek Paulsen and the continued service of Lynn Roche-Phillips through her reappointment.

Contested Items

Zone Change for 2981 Cadentown Road and 3097 Old Todds Road

This item generated significant discussion due to a split recommendation from the Planning Commission, which did not reach a unified position on the proposed zone changes for the two properties. Because the commission's recommendation was divided, the Council addressed each property separately rather than as a combined action. The split decision at the commission level carried over into the Council's deliberations, requiring distinct votes for 2981 Cadentown Road and 3097 Old Todds Road individually.

Bidding Process for Contracts

A local business owner appeared before the Council to raise concerns about the bidding process used to award a contract that ultimately went to an out-of-state company. The speaker highlighted the economic impact of directing public contract dollars outside the local community, questioning whether the process adequately considered or prioritized local businesses. This item reflected broader community concerns about how municipal contracting decisions affect the local economy.

Invocation

1:08

The meeting opened with an invocation delivered by Senior Minister Mark Johnson of Central Baptist Church.

Approval of Minutes

3:23

The Council took up the approval of minutes from several previous meetings. The minutes under consideration covered the following meeting dates in 2009:

• May 7 and May 14
• June 11, June 23, and June 25
• July 2 and July 7

Crosbie and Henson were the key speakers during this agenda item. The Council approved the minutes from all seven of the meetings listed above.

Ordinances - Second Reading

5:32

The Council took up several ordinances on second reading, including budget amendments and zoning changes. Crosbie and Myers were among the key speakers during this portion of the meeting.

The ordinances received their second reading and were approved by the Council.

*Note: Detailed information on the specific ordinance numbers, individual vote counts, and the substance of any debate or concerns raised is not available in the provided record.*

Ordinances - First Reading

8:17

The Council took up the first reading of ordinances covering zoning changes and budget amendments. Council members Gorton and Crosbie were the key speakers during this portion of the meeting.

The items presented included ordinances related to zoning changes and budget amendments, though specific details of each individual ordinance are not available from the record of this portion of the meeting.

As is standard procedure, the ordinances received their first reading at this stage, with no final adoption occurring at this meeting. A second reading and vote would be required before any of the ordinances could be enacted.

Resolutions - First Reading

1:06:47

The Council took up the first reading of resolutions covering contracts for services and equipment. Key speakers during this portion of the meeting included McChord and Blues.

The resolutions were presented for their first reading, which represents the initial formal step in the Council's consideration process before any final action is taken. No final votes were recorded at this stage, as the items remained at first reading.

No additional details regarding the specific contract terms, vendors, dollar amounts, or further debate on individual resolutions are available from the meeting record.

Communications from the Mayor

1:09:31

The Mayor presented communications to the Council recommending appointments to the Board of Adjustment and the Planning Commission. The item was introduced and discussed with participation from Lane and Henson.

The Council considered the Mayor's recommended appointments to both bodies. No additional concerns or debate are reflected in the available record of this item.

The Council approved the Mayor's recommended appointments.

Zone Change Hearing for 2981 Cadentown Road and 3097 Old Todds Road

2:56:53

The Council held a hearing on a proposed zone change affecting two properties: 2981 Cadentown Road and 3097 Old Todds Road. The Planning Commission had issued a split recommendation on the request, indicating that the two properties were treated differently in the commission's review.

Key speakers during this item included Stinnett and Wiseman, who participated in the discussion and deliberation before the Council.

The Council ultimately reached separate outcomes for each property. The zone change was approved for 3097 Old Todds Road, while the request for 2981 Cadentown Road was denied. This split outcome mirrored the divided nature of the Planning Commission's prior recommendation, with the Council declining to approve the rezoning for one parcel while moving forward with the other.