Council Work Session

Summary

Meeting Overview

The Lexington Fayette Urban County Government City Council met on April 6, 2010, under the presiding officer of the Mayor. During the meeting, the Council addressed 15 agenda items, taking 9 motions and votes on various matters. The Council heard 8 public comments from residents and community members.

The meeting included several informational presentations and reports, including updates from the Special Planning Committee, Budget and Finance Committee, and Water Resources Oversight Committee. The Council also received an Intelex presentation and a 2010 Census update. Council members provided their own reports during the meeting.

On substantive matters, the Council approved the Summary and Budget Amendments, as well as New Business Items. The Council approved a Resolution on Kentucky American Water Rate Increase, voted to reduce the speed limit on Berea Road, approved an E-911 Street Numbering Report, and approved the NDF. The Council also reviewed and approved the Street Paving List. Additionally, the Council approved a motion to enter Closed Session.

Attendance

The following council members were present at the meeting on April 6, 2010:

• Council Member Gorton
• Council Member Myers
• Council Member Beard
• Council Member Ellinger
• Council Member James
• Council Member Martin
• Council Member Wallace
• Council Member Stennett
• Council Member Blues
• Council Member Henson
• Council Member Lane
• Council Member Feigl
• Council Member Lawless
• Council Member McCoy
• Council Member McCord
• Council Member Lulles
• Vice Mayor Gray

No council members were absent or late.

Votes and Decisions

Approval of the Summary 0:00 Motion by Council Member Gorton, seconded by Council Member Myers. Passed by voice vote.

Approval of Budget Amendments 0:34 Motion by Council Member Beard, seconded by Council Member Myers. Passed by voice vote.

Approval of New Business Items 17:24 Motion by Council Member Gorton, seconded by Council Member Ellinger. Passed by voice vote.

Motion to Place the Resolution Regarding Kentucky American Water's Rate Increase on the Docket 2:05:49 Motion by Vice Mayor Gray, seconded by Council Member Beard. Passed by roll call vote, 9-5.

Voted in favor (9): - Council Member Gorton - Council Member Myers - Council Member Beard - Council Member Ellinger - Council Member James - Council Member Martin - Council Member Wallace - Council Member Stennett - Council Member Blues

Voted against (5): - Council Member Henson - Council Member Lane - Council Member Feigl - Council Member Lawless - Council Member McCoy

Motion to Place the Berea Road Speed Limit Reduction Recommendation on the Docket 1:33:38 Motion by Council Member Lane, seconded by Council Member Gordon. Passed by voice vote.

Motion to Request a Progress Report from E-911 on Street Numbering 1:34:17 Motion by Council Member Lane, seconded by Council Member Feigel. Passed by voice vote.

Motion to Approve the NDF 1:34:56 Motion by Council Member Beard. Passed by voice vote.

Motion to Go into Closed Session for Pending Litigation 2:22:46 Motion by Council Member Stennett, seconded by Council Member Blues. Passed by voice vote.

Motion to Review the Street Paving List with the Services Committee 2:14:48 Motion by Council Member Lawless, seconded by Council Member Beard. Passed by voice vote.

Budget and Financial Actions

The meeting included consideration of a bond amendment totaling $35.8 million for police and fire pension unfunded liability. This financial action addressed obligations related to unfunded liabilities in the pension systems for police and fire personnel.

Public Comment

Council members addressed a range of topics during the meeting, including diversity and inclusion initiatives, pension funding concerns, and utility accountability.

Diversity and Inclusion

Council Member James 52:15 emphasized the importance of acknowledging historical disparities and fostering ongoing dialogue between long-term residents and newcomers to address cultural gaps and promote true inclusivity in Lexington.

Council Member Martin 57:49 discussed the lack of ethnic diversity in Lexington's restaurants and cultural offerings, calling for long-term community dialogue to embrace education and diversity.

Council Member Myers 1:01:53 shared personal experiences of racial profiling and highlighted the importance of cultural representation, urging deeper examination of issues related to culture and career vitality beyond surface-level perceptions.

Infrastructure and Economic Development

Council Member McCord 43:58 praised the city's infrastructure projects and urged the private sector group to maintain ongoing dialogue with the council to identify future policy and infrastructure needs.

Pension Funding

Council Member Beard 12:28 expressed concern about accelerating pension liability and requested a second set of eyes on the funding method, suggesting a review by independent actuarial firms.

Council Member Wallace 11:25 supported bonding over long-term employer contributions, citing a prior analysis showing it would be significantly less expensive.

Utility Accountability

Council Member Blues 1:50:30 emphasized the legal obligation under the franchise agreement for Kentucky American Water to respond to council inquiries and supported the resolution to compel their appearance.

Council Member Lawless 2:03:38 defended the resolution as reasonable and not politically motivated, noting the PSC had previously urged the council to weigh in on the water project.

Contested Items

The April 6, 2010 meeting included three areas of significant disagreement among council members.

Kentucky American Water Rate Increase Resolution

Council members debated a resolution to compel Kentucky American Water to appear before the council. The dispute centered on legal authority, political motives, and fairness to other utilities. The resolution passed on a split vote of 9-5, indicating substantial division on the council over whether the action was appropriate and whether it set a precedent for how the city would treat utility companies.

Pension Funding Method

Council members engaged in heated discussion about the most cost-effective approach to pension funding. The debate focused on two strategies: bonding versus long-term employer contributions. Key concerns included rising pension liabilities and the need for independent actuarial review to inform the decision. The disagreement reflected differing views on financial risk management and long-term fiscal responsibility.

Diversity and Inclusion in City Planning

Council members clashed over the role of race and historical disparities in city planning and recruitment efforts. Some members argued for deeper cultural engagement in recruitment strategies, while others emphasized lifestyle and career factors as the primary considerations. This disagreement reflected broader questions about how the city should address historical inequities in its planning and hiring processes.

Approval of Summary

The council approved the meeting summary via voice vote at the beginning of the meeting 0:00. Council Members Gorton and Myers were present during this agenda item.

The summary was approved without discussion or objections raised by council members.

Outcome: The meeting summary was approved.

Budget Amendments

The council considered budget amendments during this agenda item 0:34. Council Members Beard and Myers participated in the discussion.

The council approved the budget amendments by voice vote. No further discussion or objections were raised during the consideration of this item.

Outcome: The budget amendments were approved.

New Business Items

1:05

The council approved new business items during this portion of the meeting.

Items Discussed

The council addressed a vacant street sales drug enforcement position and considered the reallocation of grant funds to police overtime.

Key Speakers and Concerns

Council Member James raised concerns about the vacancy in the street sales drug enforcement position. Council Member Martin questioned aspects of the proposal, specifically raising concerns about the unfunded pension liability and future bond plans. Council Members Wallace and Beard also participated in the discussion.

Outcome

The new business items were approved by the council.

Special Planning Committee Report

Council Member Gorton presented a report on the special planning committee meeting 18:00. The report was informational in nature.

Council Member Gorton noted that the agenda items that would have been discussed at the special planning committee meeting had already been moved forward during the previous week's session. As a result, there were no new items requiring discussion or action at this time.

Budget and Finance Committee Report

Council Member Stennett presented the Budget and Finance Committee Report 18:33, providing an overview of current financial trends and the city's fiscal position.

Financial Trends Presented

The report covered several key economic indicators affecting the city: - Unemployment figures - Foreclosure data - Building permits - Revenue performance

Bond Ratings and Capital Spending

Council Member Stennett discussed the city's bond ratings and reviewed capital spending plans as part of the broader financial assessment.

Library Budget

A significant portion of the presentation focused on the library budget, which showed: - A 5.4% reduction in spending - A $3 million surplus

Outcome

This agenda item was presented as informational, with no formal action or debate recorded. The report provided the council with an update on the city's financial status and performance metrics during a period of economic challenge.

Water Resources Oversight Committee Report

23:27

Council Member Blues presented a report on the Water Resources Oversight Committee's March 16 meeting. The presentation covered several key topics affecting water management and resource oversight.

Topics Discussed:

• Water quality management fee
• Landfill fund updates
• Conservation easements
• Property acquisition procedures
• EPA's consent decree
• Upcoming appeals board hearings

The committee addressed current water quality management initiatives and reviewed the status of landfill funding. Additionally, the committee examined conservation easement agreements and the procedures governing property acquisitions related to water resources management.

The presentation included discussion of the EPA's consent decree and its implications for the jurisdiction's water resources operations. The committee also prepared for upcoming appeals board hearings related to water resources matters.

Outcome:

This agenda item was informational in nature, providing the council with an update on the Water Resources Oversight Committee's activities and findings from their March meeting.

Intelex Presentation

Ben Askren from Intelex presented the city's strategic initiatives aimed at improving its image as a destination for creative and technical professionals 28:48.

Key Topics Discussed

The presentation covered several major initiatives:

• April is — a program designed to attract and retain creative talent
• The Creative Cities Summit — an event focused on positioning the city as a hub for creative industries
• Long-term cultural and infrastructure development needs to support these goals

Focus Areas

The discussion emphasized the importance of sustained investment in both cultural amenities and physical infrastructure to make the city competitive for attracting creative and technical professionals. The presentation highlighted that these efforts require coordinated, long-term planning rather than short-term initiatives.

Outcome

This agenda item was informational in nature, with the presentation serving to update the group on Intelex's work in this area.

2010 Census Update

Michelle Ellison from the U.S. Census Bureau provided an update on the 2010 Census 1:09:08.

Key Information Presented

Ellison highlighted that Fayette County had achieved a 62% response rate for the 2010 Census. She promoted the upcoming March to the Mailbox event scheduled for April 10, which aimed to encourage continued census participation.

Ellison clarified an important point regarding census forms, noting that households receiving a second form do not need to submit a second response. This clarification was intended to address potential confusion among residents who may have received multiple forms.

Outcome

This agenda item was informational in nature, with no formal action or debate recorded.

Council Reports

Council members provided updates on several ongoing initiatives and upcoming events during this informational segment of the meeting.

Arts Donations and Payroll Deductions

Council members discussed payroll deductions for arts donations, though specific details about implementation or outcomes were not provided in the available information.

ZODA Public Hearing

An update was provided regarding the ZODA public hearing as part of the council's regular reporting on municipal matters.

Single Best Town in America Contest

Council members reported on the municipality's participation in the Single Best Town in America contest.

Upcoming Events

Council Member Gorton announced two significant upcoming events:

• Creative Cities Summit — An upcoming summit focused on creative cities initiatives
• Legacy Trail Groundbreaking — A groundbreaking event for the Legacy Trail project

Key Speakers

The reports were delivered by: - Council Member Gorton - Council Member Stennett - Council Member McCord

This agenda item was informational in nature, with council members sharing updates rather than debating policy or taking formal action. The reports highlighted the council's involvement in arts support, community development projects, and regional recognition efforts.

1:29:24

Resolution on Kentucky American Water Rate Increase

Vice Mayor Gray introduced a resolution requesting that Kentucky American Water appear before the council to explain their proposed 38% rate increase. 1:34:56

The resolution prompted debate among council members regarding several concerns. Discussion centered on the council's legal authority to compel the utility to appear, the appropriateness of the council's involvement in rate-setting matters, and questions about whether similar requests had been or should be made of other utilities.

Council members raised concerns about the fairness and consistency of singling out Kentucky American Water. Some questioned whether the council had the legal standing to demand an appearance from a regulated utility, while others debated the political motivations behind the resolution.

Key speakers in the discussion included Vice Mayor Gray, who introduced the measure, along with Council Members Stennett, Martin, Blues, and Lawless, who participated in the debate.

Despite the concerns raised during discussion, the resolution passed with a vote of 9-5, indicating divided opinion among the council on the matter.

Berea Road Speed Limit Reduction

Council Member Lane moved to place a recommendation on the docket to reduce the speed limit on Berea Road to 35 mph and add reflective signage to the roadway. 1:33:08

Council Member Gordon participated in the discussion of this agenda item.

The motion passed unanimously.

E-911 Street Numbering Report

Council Member Lane requested a report from E-911 on street numbering progress during this agenda item. The request was made with emphasis on the urgency of completing this work before the World Games. 1:34:17

Council Member Feigel participated in the discussion of this matter.

The motion to approve the request for the E-911 street numbering report passed unanimously.

NDF Approval

Council Member Beard moved to approve the NDF. The motion passed via voice vote with no discussion. 1:34:56

Closed Session

Council Member Stennett moved to enter closed session to discuss pending litigation. Council Member Blues was also present during this agenda item. The motion passed via voice vote. 2:22:46

Street Paving List Review

2:14:48

Council Member Lawless moved to refer the street paving list to the Services Committee for review of calculation methods. Council Member Beard participated in the discussion of this agenda item.

The motion passed unanimously.