Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Government held a meeting on April 10, 2012, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center. Vice Mayor Gorton presided over the session, which included 11 agenda items, 26 motions and votes, and 4 public comments.

The council approved several key items during the meeting, including Requested Rezonings and Docket Approval, Approval of Summary, Budget Amendments, New Business, and the Mayor's Report. Committee updates were also presented, with the Public Safety Committee Update and Environmental Quality Committee Update both approved. Two items were deferred: the Planning and Public Works Committee Report and the Council Report. Two additional items were presented for informational purposes: the Social Services and Community Development Committee Report and a Scrap Metal Ordinance Presentation.

Attendance

The following individuals were present at the meeting on April 10, 2012:

• Vice Mayor Gorton
• Council Member Blues
• Council Member Ellinger
• Council Member Lawless
• Council Member Farmer
• Council Member Kay
• Council Member Henson
• Council Member McCord
• Council Member Beard
• Council Member Martin
• Council Member Stennett
• Council Member Myers
• Council Member Lane
• Council Member Kaye
• Council Member Crosby
• Council Member Ford

No council members were absent or late.

Votes and Decisions

Procedural Motions

The council passed several procedural motions by voice vote:

• Motion to place Ordinance No. 7 on the docket without a public hearing, moved by Council Member Blues and seconded by Council Member Ellinger 0:31
• Motion to approve the docket as amended, moved by Council Member Farmer and seconded by Vice Mayor Gorton 1:40
• Motion to approve the summary of the work session of March 20th, moved by Council Member Farmer and seconded by Council Member Ellinger 1:40
• Motion to approve budget amendments as amended, moved by Council Member Farmer and seconded by Council Member Henson 2:11

Ordinances and Authorizations

The following items passed by voice vote:

• L259-12: Authorization to amend Section 23-5 of the Code of Ordinances, abolishing 1 position of sworn Police Captain and creating 1 position of sworn Police Lieutenant, moved by Council Member Jarvis and seconded by Council Member Mason 4:21
• L260-12: Authorization to execute Change Order No. 1 with Burdette Construction, Inc. for relocating and reassembling of the Warfield Place stone entrance wall, moved by Council Member Marwan and seconded by Council Member Moloney 4:21
• L261-12: Authorization to amend Section 22-5 of the Code of Ordinances to increase the salary of one Coroner position, moved by Council Member Jarvis and seconded by Council Member Moloney 4:21
• L262-12: Authorization to approve renewal of an agreement with OmniSource Integrated Supply, LLC for temporary employees under the Metropolitan Medical Response System-2012 grant, moved by Council Member Gooding and seconded by Council Member Mason 4:21
• L263-12: Authorization to correct Resolution No. 92-2012 approving Ahura Scientific as sole source vendor for equipment purchases under the 2011 State Homeland Security Grant Program, moved by Council Member Gooding and seconded by Council Member Mason 4:21
• L265-12: Authorization to execute a Memorandum of Agreement with the University of Kentucky College of Social Work and Martin School of Public Policy for a Social Services Needs Assessment, moved by Council Member Mills 4:21
• L266-12: Authorization to purchase property at 436 Locust Avenue for the Meadows-Northland-Arlington Public Improvements Project, moved by Council Member Gooding and seconded by Council Member Moloney 4:21
• L268-12: Authorization to execute amendment to agreement with Kentucky Transportation Cabinet extending the Town Branch Trail Phase III project, moved by Council Member Gooding and seconded by Council Member Moloney 4:21
• L273-12: Authorization to execute Supplemental Agreement No. 1 with Kentucky Transportation Cabinet for Isaac Murphy Memorial Garden design and construction, moved by Council Member Gooding and seconded by Council Member Moloney 4:21
• L275-12: Authorization to execute agreement with Kentucky Transportation Cabinet for Legacy Trail Enhancements, moved by Council Member Gooding and seconded by Council Member Moloney 4:21
• L276-12: Authorization to approve an addendum to the Expanded Jurisdiction Agreement with Kentucky Department of Housing, Buildings, & Construction, moved by Council Member Crowe and seconded by Council Member Mason 4:21

Additional Ordinance Placements

• Motion to place on the docket an ordinance creating Section 18-40 of the Code of Ordinances prohibiting the use of compression brakes and mechanical exhaust devices except on limited access highways, moved by Council Member Lawless and seconded by Council Member McCord 10:58
• Motion to place on the docket an ordinance amending Section 18A relating to taxicab services, moved by Council Member Lawless and seconded by Council Member Ellinger 27:41

Affordable Housing Trust Fund Task Force Report

The council conducted three roll call votes regarding placement of the Affordable Housing Trust Fund Task Force report:

• Motion to place the report into the Planning and Public Works Committee, moved by Council Member Henson and seconded by Council Member Martin: Passed 7-7 46:10
• Voted for: Council Members Henson, Kay, Ford, Blues, Martin, McCord, Myers
• Voted against: Council Members Stennett, Crosby, Kaye, Beard, Farmer, Martin, McCord

• Motion to amend the motion to place the report into the Budget and Finance Committee, moved by Council Member Stennett and seconded by Council Member McCord: Failed 7-7 46:10
• Voted for: Council Members Stennett, McCord, Kay, Ford, Blues, Martin, Myers
• Voted against: Council Members Henson, Kaye, Crosby, Beard, Farmer, Martin, McCord

• Motion to place the report into the Budget and Finance Committee, moved by Vice Mayor Gorton: Passed 7-7 51:50
• Voted for: Council Members Henson, Kay, Ford, Blues, Martin, McCord, Myers
• Voted against: Council Members Stennett, Crosby, Kaye, Beard, Farmer, Martin, McCord

Additional Motions

The following motions passed by voice vote:

• Motion to approve the Vice Mayor's creation of a Capacity Assurance Program Task Force, moved by Vice Mayor Gorton and seconded by Council Member Kaye 1:01:58
• Motion to place the issue of distressed properties in foreclosure into the Public Safety Committee, moved by Council Member Myers and seconded by Council Member Martin 1:43:29
• Motion to place the issue of contractors who haven't paid LFUCG fees into the General Government Committee, moved by Council Member Myers and seconded by Council Member Blues 1:47:51
• Motion to amend the schedule of meetings for the Lexington Fayette Urban County Council for calendar year 2012, moved by Council Member Ellinger and seconded by Council Member Farmer 2:03:27
• Motion to amend the mayor's report by removing the Planning Commission nominee and referring it to the Ethics Commission, moved by Council Member Stennett and seconded by Council Member Ellinger 2:16:40
• Motion to cancel the April 12th confirmation hearing and reschedule the Committee of the Whole regarding office arrangements to 4:30 PM on April 12th, moved by Council Member Farmer and seconded by Council Member Kay 2:20:32

Budget and Financial Actions

The meeting addressed two financial matters through Ordinance 0130-26:

Affordable Housing Trust Fund

The city approved funding for the Affordable Housing Trust Fund through a 0.5% increase in insurance premium taxes. This amendment will provide $1,900,000 annually to support affordable housing initiatives.

Scrap Metal Ordinance

The city established a $500 annual fee for scrap metal dealer's licenses to fund administrative requirements and enforcement of the scrap metal ordinance. This fee applies to scrap metal dealers operating within the jurisdiction.

Public Comment

Four public comments were presented during the meeting, addressing affordable housing, scrap metal regulations, and taxicab services.

Affordable Housing

Father John List spoke at 53:55 regarding affordable housing, sharing personal stories of families struggling with housing costs. He emphasized the human impact of the affordable housing crisis in downtown Lexington.

John Kemper also addressed affordable housing at 57:18, focusing on the Purchase Development Rights (PDR) program. He argued that the PDR program drives up land costs and undermines affordable housing efforts, characterizing this as a paradox in the city's development strategy.

Scrap Metal Ordinance

Mr. Bob Babbage spoke at 1:26:04 regarding the scrap metal ordinance. He expressed concern that the new seller's license requirement would burden small businesses and recyclers. He urged the council to allow the state law to take effect before implementing stricter local rules.

Taxicab Ordinance

Mr. Bob Babbage also addressed the taxicab ordinance at 2:13:15. He clarified that Yellow Cab maintains all cabs in Lexington during Derby Week and highlighted the company's recent addition of four wheelchair-accessible cabs.

Appointments

The following appointment was addressed during the meeting:

• Melody Flowers was referred to the Ethics Commission regarding her appointment to the Planning Commission.

Contested Items

Affordable Housing Trust Fund Task Force Referral

The council was divided on how to handle a referral for the Affordable Housing Trust Fund Task Force. The motion to refer the task force to Budget and Finance resulted in a 7-7 tie vote, indicating deep disagreement among council members about whether the issue should be treated as a planning matter or a fiscal matter. The tie was ultimately resolved with a vote to place the task force in Budget and Finance, though the even split reflected significant internal division on the proper committee assignment.

Taxicab Ordinance Enforcement and Cab Numbers

Council members engaged in heated discussion over proposed taxicab regulations, specifically regarding a requirement to maintain 25 cabs operating 24/7. Concerns centered on whether this requirement would unfairly exclude small businesses from the industry. Council members also raised questions about the feasibility of enforcing the regulation and noted the absence of adequate monitoring mechanisms to ensure compliance. The debate highlighted tension between standardizing service levels and protecting small operators from exclusionary requirements.

Scrap Metal Ordinance Licensing Requirements

Industry representatives and small business owners voiced community opposition to proposed scrap metal ordinance provisions. The contested requirements included mandatory seller's licenses and participation in an electronic database system. Opponents argued that these requirements would impose undue burdens on small-scale recycling operations and hinder their ability to operate competitively. The licensing and database provisions emerged as significant points of contention between regulatory goals and concerns about accessibility for smaller market participants.

Requested Rezonings / Docket Approval

0:00

Council addressed the placement of Ordinance No. 7 on the docket. The council approved placing this ordinance on the docket without a hearing.

Key participants in this agenda item included Vice Mayor Gorton, Council Member Blues, Council Member Ellinger, and Council Member Farmer.

A motion to approve the docket as amended was brought before the council and passed unanimously.

In addition to the ordinance docket action, the council approved corrections to prior work session summaries.

The outcome of this agenda item was approval.

Approval of Summary

1:40

The Council considered approval of the summary from the March 20, 2012 work session. Council Members Blues, Beard, Ellinger, and Farmer participated in the discussion of this agenda item.

The summary required amendments to correct prior records before approval. The Council reviewed these corrections and voted on the amended summary.

The motion to approve the summary passed without dissent.

Budget Amendments

The Council addressed budget amendments during this agenda item, with discussion led by Council Members Lawless, Farmer, and McCord 2:11.

The primary action involved the removal of journal entry #58869, which had previously been approved. The Council voted on this amendment, and the motion passed without dissent.

The amendment was approved by the Council.

New Business

4:21

The Council addressed multiple items under New Business, approving several authorizations without dissent.

Items Approved

The Council approved the following matters:

• Changes to police and coroner positions
• Construction contracts
• Vendor agreements
• Property purchases

Speakers

Council Members Jarvis, Marwan, Gooding, and Mills participated in the discussion of these items.

Outcome

All New Business items passed without dissent.

Public Safety Committee Update

6:56

The Council received updates on several public safety matters during this agenda item.

Noise Ordinance Task Force and Engine Brake Ordinance

Council members were briefed on the Noise Ordinance Task Force activities. The Engine Brake Ordinance was presented and received unanimous approval from the Council. Following this approval, the ordinance was placed on the docket for further action.

Taxicab Ordinance

The taxicab ordinance was also discussed and subsequently placed on the docket. Council debate during this item focused on two specific issues: the appropriate number of cabs and enforcement mechanisms for the ordinance.

Key Participants

The discussion involved Council Member Lawless, Council Member Farmer, Council Member Beard, and Council Member Myers, along with Mr. Curtis.

Outcome

The Public Safety Committee Update concluded with approval of the presented items, with both the Engine Brake Ordinance and the taxicab ordinance placed on the docket for continued consideration.

Environmental Quality Committee Update

59:39

The Council received an update from the Environmental Quality Committee addressing two primary matters: sewer capacity management and the Empower Lexington Plan.

Sewer Capacity Management

The Council approved the creation of a Capacity Assurance Program Task Force to manage sewer capacity issues. Director Charlie Martin and Director Susan Bush presented on this initiative, which will oversee the management and planning of the city's sewer infrastructure capacity.

Empower Lexington Plan

The Council endorsed the Empower Lexington Plan. As part of the approval, Council members added a requirement for annual reporting on the plan's implementation and progress. This reporting requirement ensures ongoing accountability and transparency regarding the plan's outcomes.

Key Participants

Council Member Blues and Council Member Kaye participated in the discussion alongside the two directors presenting the committee's recommendations.

Outcome

The agenda item was approved, moving forward both the establishment of the Capacity Assurance Program Task Force and the adoption of the Empower Lexington Plan with its annual reporting requirement.

Planning and Public Works Committee Report

1:06:01

The Council received a report from the Planning and Public Works Committee covering three main topics: the repaving program, ordinance changes related to addressing, and the Valley View Ferry.

Key Speakers

Council Member Farmer and Council Member Maloney participated in the discussion of this committee report.

Items Presented

The committee presented information on the repaving program and proposed ordinance changes. The Valley View Ferry was also included as part of the committee's report to the full Council.

Addressing Ordinance

The addressing ordinance, which was part of the committee's recommendations, was deferred for further review rather than being acted upon at this meeting. This deferral indicates the Council determined additional consideration was needed before moving forward with this particular ordinance change.

Outcome

The overall outcome of this agenda item was deferred, with the addressing ordinance specifically held for future review.

Social Services and Community Development Committee Report

Council received an informational update on the fiscal year 2013 Social Services Partner Agency funding process 1:09:14. Council Member Henson presented this report to the body.

The committee provided an overview of the funding process for social services partner agencies for the upcoming fiscal year. No motions were taken during this agenda item, and the presentation was informational in nature.

Scrap Metal Ordinance Presentation

The Council reviewed a proposed local scrap metal ordinance during this agenda item, which included new licensing, reporting, and enforcement requirements for scrap metal operations.

Key Speakers and Presentation

Council Member Stennett, Mr. Bob Babbage, and Mr. John Kemper participated in the discussion of the ordinance proposal.

Issues Raised

Public comments during the presentation raised concerns about the practical impact of the proposed ordinance. Specifically, commenters expressed worry about the burden the new requirements would place on small businesses operating in the scrap metal industry. Additionally, concerns were raised regarding the feasibility of enforcing the proposed licensing, reporting, and enforcement provisions.

Outcome

The agenda item was informational in nature, with no formal action taken at this time. The Council reviewed the proposal and heard public input but did not vote on or adopt the ordinance during this meeting.

Council Report

During this agenda item, council members provided updates on several municipal matters. 1:30:38

Topics Discussed

Council members reported on the following issues:

• A pilot fresh produce program
• Distressed properties in foreclosure
• Contractor delinquency

Key Speakers

The following council members participated in the discussion:

• Council Member Kaye
• Council Member Myers
• Council Member Lawless
• Council Member Ford

Outcome

Several items raised during the council report were referred to committees for further consideration. The overall agenda item was deferred.

Mayor's Report

2:16:40

The Council considered the Mayor's Report during this meeting. Council Members Stennett, Ellinger, and Martin participated in the discussion of this agenda item.

During deliberation, concerns were raised regarding a Planning Commission nominee, specifically regarding potential nepotism issues. In response to these concerns, the Council approved an amendment to refer the Planning Commission nominee to the Ethics Commission for review before proceeding with the appointment.

The Mayor's Report was ultimately approved by the Council with this amendment in place.