Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on January 12, 2012, at 1:42 p.m. in the Council Chambers of the Urban County Government Building located at 200 East Main Street in Lexington, Kentucky. Mike Cravens presided over the meeting, which included seven agenda items and resulted in seven motions and votes. The Commission approved the minutes from the previous meeting and considered postponements or withdrawals. Among substantive matters, the Commission approved the Consent Agenda item PLAN 2012-1F concerning the GESS Property, Unit 8-A, and voted to approve performance bonds and letters of credit. The Commission also conducted an election of officers and voted to delegate the secretary's duties. One public comment was heard during the meeting. The final agenda item consisted of staff items presented for informational purposes.

Attendance

Present: - Mike Cravens - Eunice Beatty - Carla Blanton - Derek Paulsen - William Wilson - Will Berkley

Absent: - Patrick Brewer - Marie Copeland - Mike Owens - Frank Penn - Lynn Roche-Phillips

Late: None reported.

Votes and Decisions

Approval of November 10, 2011 Meeting Minutes 13:31 Motion by Mr. Wilson, seconded by Mr. Paulsen. The minutes from the November 10, 2011 meeting passed by voice vote with 6 ayes, 0 nays, and 1 abstention. Those voting in favor were Mike Cravens, Eunice Beatty, Carla Blanton, Derek Paulsen, William Wilson, and Will Berkley.

Withdrawal of BOAR 2011-2: Kathy and Shailendra Chopra Appeal 14:56 The appeal was withdrawn by voice vote with 6 ayes and 0 nays. All members present voted in favor: Mike Cravens, Eunice Beatty, Carla Blanton, Derek Paulsen, William Wilson, and Will Berkley.

Postponement of DP 2011-97: Liggett & Company Development Plan 15:37 Motion by Ms. Beatty, seconded by Mr. Wilson. The development plan was postponed to February 9, 2012 by voice vote with 6 ayes and 0 nays. All members voted in favor.

Approval of PLAN 2012-1F: GESS Property, Unit 8-A 16:47 Motion by Mr. Paulsen, seconded by Ms. Beatty. This consent agenda item passed by voice vote with 6 ayes, 0 nays, and 1 abstention. Approval was conditional upon acceptance and approval from the Urban County Engineer, Urban County Traffic Engineer, Building Inspection, Addressing Office, Urban Forester, Greenspace Planner, and the Division of Planning regarding utility easements, street light easements, and exactions.

Approval of Bond Release and Call 17:59 Motion by Mr. Paulsen, seconded by Mr. Wilson. The release and call of bonds as detailed in the memorandum from Ron St. Clair, Division of Engineering, passed by voice vote with 6 ayes and 0 nays.

Approval of Planning Commission's Slate of Officers 32:51 Motion by Ms. Beatty, seconded by Ms. Blanton. The Nominating Committee's slate of officers passed by voice vote with 4 ayes and 2 nays. Voting in favor were Mike Cravens, Eunice Beatty, Carla Blanton, and Derek Paulsen. Voting against were William Wilson and Will Berkley.

Delegation of Secretary's Duties 34:58 Motion by Mr. Paulsen, seconded by Mr. Wilson. The delegation of Secretary's duties to the Director of the Division of Planning and his staff (except for signing minutes) passed by voice vote with 6 ayes and 0 nays.

Public Comment

36:06

Staff announced that demolition of the Phoenix Garage would begin, which would result in the closure of Water Street access to the government building through the end of February. Commission members were advised to use the front entrance during this period and would receive an email with parking updates.

Appointments

The following individuals were appointed to the Urban County Planning Commission:

• Derek Paulsen
• Mike Cravens
• Lynn Roche-Phillips
• William Wilson

Contested Items

Election of Planning Commission Officers

The election of Planning Commission officers became a point of contention during the meeting due to low attendance among members. The dispute centered on a procedural question: whether the commission should proceed with the election under its existing bylaws or postpone the vote until a later date when more members could be present.

Members were divided on this issue, with disagreement emerging over the proper interpretation and application of the bylaws. The procedural dispute was further complicated when the initial vote on the election resulted in a tie, which prompted debate about parliamentary procedure, potential conflicts within the bylaws themselves, and the extent of the Chair's authority to adjourn the meeting or reconvene it at a different time.

The disagreement touched on fundamental questions of governance: whether proceeding with a vote despite low attendance was consistent with the commission's bylaws, and whether the Chair had the power to manage the meeting's continuation or adjournment unilaterally.

The contested matter was ultimately resolved through a second vote, which provided a path forward and settled the question of how the election would proceed.

Approval of Minutes

The minutes from the November 10, 2011, meeting were presented for approval. 13:31

Mr. Wilson and Mr. Paulsen participated in the discussion of the minutes.

The minutes were approved by voice vote without opposition.

Postponements or Withdrawals

14:56

The Commission addressed two items regarding postponements and withdrawals during this agenda item.

Actions Taken:

The Commission accepted the withdrawal of BOAR 2011-2 by voice vote. Additionally, the Commission approved the postponement of DP 2011-97 to the February 9, 2012, meeting, also by voice vote.

Key Participants:

Ms. Rackers and Mr. Martin were the key speakers on this agenda item.

Outcome:

Both the withdrawal and postponement were approved.

Consent Agenda: PLAN 2012-1F: GESS Property, Unit 8-A

16:47

PLAN 2012-1F for the GESS Property, Unit 8-A was presented as a consent agenda item and approved without discussion. Mr. Sallee presented the plan, which had received a recommendation from the Subdivision Committee prior to the meeting.

The plan was approved as a no-discussion item, indicating it met the criteria for streamlined consent agenda processing. No objections were raised by either audience members or Commission members during the meeting.

Conditions were attached to the approval by various departments as part of the standard approval process.

Outcome: Approved

Performance Bonds and Letters of Credit

The Commission considered the release and call of performance bonds and letters of credit as presented by Ron St. Clair 17:59. The item was based on a memorandum from the Division of Engineering detailing the specific bonds to be released and called.

No discussion occurred during the presentation. The Commission approved the release and call of bonds as outlined in the Division of Engineering memorandum without raising concerns or requesting additional information.

Election of Officers

The Commission addressed the election of officers, beginning at approximately 19:05. The process encountered procedural challenges due to low attendance at the meeting.

Key Speakers and Discussion

Ms. Blanton, Mr. Cravens, Mr. Wilson, and Ms. Boland participated in the discussion regarding officer elections.

Procedural Issues

The Commission faced complications in conducting the election that centered on bylaw compliance. A tied vote occurred during the election process, requiring further deliberation before a resolution could be reached.

Outcome

The nominating committee's slate of officers was ultimately approved by a vote of 4-2.

Future Action

The Chair noted the need to address bylaw changes in a future work session to prevent similar procedural challenges in subsequent officer elections.

Delegation of Secretary's Duties

The Commission discussed the delegation of the Secretary's duties during this agenda item 34:58.

Key Speakers

Mr. Paulsen and Mr. Wilson participated in this discussion.

Action Taken

The Commission voted to delegate the Secretary's duties to the Director of the Division of Planning and his staff. The delegation specifically excluded the responsibility for signing minutes. The vote passed with no opposition.

Staff Items

36:06

Mr. King presented staff items to the board, focusing on upcoming operational matters affecting the government building.

Key Announcements:

• An upcoming work session was announced for staff
• The Phoenix Garage is scheduled for demolition, which will impact access to the government building
• Alternative parking arrangements will be necessary during the demolition period

Outcome:

This was an informational presentation with no formal action required. The announcements were made to ensure staff and board members were aware of the upcoming changes to building access and parking availability.