Council Work Session

Summary

Meeting Overview

The Urban County Council met on June 19, 2012, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. The council conducted business on 10 agenda items, taking 15 motions and votes throughout the session. The meeting included six public comments from citizens, with opportunities for public input both on and off the agenda.

The council approved several items of business, including requested rezonings and docket approvals, a summary approval, budget amendments, and new business items. The session also included informational presentations and reports, with council members and the mayor providing updates. The meeting concluded with adjournment following the completion of all scheduled business.

Attendance

Present: VM Gorton, CM Ellinger, CM Kay, CM Ford, CM Blues, CM Lawless, CM Beard, CM Farmer, CM Stinnett, CM Crosbie, CM Myers, CM McChord, CM Martin, CM Henson, CM Lane

Absent: CM Martin

Late: None

Votes and Decisions

Ordinance 009-12 2:42 Add ordinance changing zone from Single Family Residential (R-1C) to Neighborhood Business (B-1) for property at 763 Lane Allen Rd to docket without public hearing. Motion by CM Henson, seconded by CM Farmer. Passed by voice vote.

Docket for Requested Rezonings 2:02 Approve the docket for requested rezonings. Motion by CM Farmer, seconded by CM Ellinger. Passed by voice vote with 1 abstention.

Budget Amendments 7:25 Approve budget amendments. Motion by CM Ellinger, seconded by CM Myers. Passed by voice vote.

New Business Items 8:26 Approve new business items. Motion by CM Blues, seconded by CM Farmer. Passed by voice vote.

May 29th, 2012 Work Session Summary 0:00 Approve the summary from the May 29th, 2012 Work Session. Motion by VM Gorton, seconded by CM Myers. Passed by voice vote.

Mayor's Report 1:05:33 Approve the Mayor's Report. Motion by CM Crosbie, seconded by CM Lane. Passed by voice vote.

Patrick Brewer Nomination Amendment 1:06:16 Amend motion to remove Patrick Brewer from nomination pending confirmation hearing. Motion by VM Gorton, seconded by CM Blues. Passed by voice vote.

Special Committee of the Whole Meeting 1:07:23 Schedule a Special Committee of the Whole (COW) on June 21, 2012 at 5:30 PM to consider Council Member salaries. Motion by CM Martin, seconded by CM Beard. Passed by roll call vote with 7 ayes and 5 nays. Voting for: CM Martin, CM Beard, CM Ellinger, CM Kay, CM Ford, CM Blues, CM Lawless. Voting against: CM Farmer, CM Stinnett, CM Crosbie, CM Myers, CM Henson.

Resolution 0073-26 54:32 Authorize and direct the Commissioner of Public Safety to evaluate functions of all positions in Police and Fire divisions to determine if duties can be performed by non-sworn employees. Motion by CM Myers, seconded by CM McChord. Passed by voice vote.

Resolution 0074-26 45:48 Initiate amendments to Zoning Ordinance to transfer enforcement authority of Article 17 (Sign Ordinance) from Division of Building Inspection to Division of Planning. Motion by CM Myers, seconded by CM McChord. Passed by voice vote.

Resolution 0075-26 50:40 Direct designation of a fund with minimum $200,000 per fiscal year for nuisance abatement-related activities beginning FY2013. Motion by CM Myers, seconded by CM Lawless. Passed by voice vote.

Resolution 0076-26 2:09:10 Authorize and direct the Department of Law to institute condemnation proceedings for permanent sanitary sewer and temporary construction easements at 2280 Hume Road. Motion by CM Martin, seconded by CM Blues. Passed by voice vote.

Closed Session 1:17:48 Enter closed session pursuant to KRS 61.810(c) and (f) for discussion of proposed litigation and employee discipline/dismissal. Motion by VM Gorton, seconded by CM Martin. Passed by voice vote.

Return from Closed Session 2:08:36 Return from closed session. Motion by CM Beard, seconded by CM Blues. Passed by voice vote.

Adjournment 2:09:40 Adjourn the meeting. Motion by CM Martin, seconded by CM Henson. Passed by voice vote.

Budget and Financial Actions

The meeting approved the following financial actions:

Federal Grants Accepted

• Legacy Trail Phase III: $2,721,700 from Kentucky Transportation Cabinet under the Transportation Enhancement Program (L628-12)
• Youth Services Project: $115,000 from Bluegrass Workforce Investment Board (L624-12)
• Ash Tree Treatment: $10,000 from Kentucky Division of Forestry for treatment of ash trees on public land (L661-12)

Engineering and Consultant Services Agreements

• Loudon Avenue Sidewalk Project: $44,652 contract with CDP Engineers, Inc. (L632-12)
• Gainesway Trail Project: $43,825 contract with M2D Design Group (L660-12)
• Police Radio Project: $35,820 agreement with RCC Consultants Inc. (L631-12)

Construction and Project Modifications

• Clays Mill Road Improvements: $76,318.31 Change Order No. 5 with Woodall Construction Company (L659-12)
• Neighborhood Stabilization Program: $27,072 Modification #3 to funding agreement with Kentucky Department for Local Government (L636-12)

Other Agreements

• Hazard Mitigation Grant Program: Agreement with Department of Military Affairs/Kentucky Division of Emergency Management to extend performance period (L633-12)
• Hazard Mitigation Planning Services: Amendment to agreement with University of Louisville Research Foundation (L649-12)

Purchases and Donations

• Fifth Third Pavilion in Cheapside Park: Donation of Big Belly solar-powered trash compactor valued at $4,080 from Creation Technologies of Lexington, Kentucky (L646-12)
• ZUMRO Non-Ambulatory Roller Systems: $48,000 acceptance of Advanced Eco Systems, Inc. as sole source distributor (L658-12)

Insurance Agreement

• Health Insurance: $1,805,316 for New Case Document, Amendment to Plan Management Agreement, and Amendment to Group Stop-Loss Policy with Humana Insurance Company (L676-12)

Public Comment

Several council members and officials addressed the body on various topics during the meeting.

2012 Senior Intern Class Introduction 4:16 CM Ellinger introduced the senior class of 2012, thanking them for their 35 hours of service and commitment to learning about city government. He acknowledged support from PNC, AARP, and M&M Sanitation.

Second Sunday of June Event and Health Initiatives 30:31 CM McCord expressed appreciation for the Second Sunday event held at the airport, highlighting its national recognition and role in promoting community health. He also praised the Tweens Coalition for advancing healthier food options.

TKF Foundation Grant for UK Railroad Trail Project 41:20 CM Lawless announced a grant opportunity for a greenway project on UK's abandoned railroad. He urged community support for the initiative, noting it as a fully funded, transformative project for the city.

Budget and Pension Concerns 34:38 CM Martin expressed strong opposition to the proposed FY2013 budget, citing unsustainable pension liabilities, lack of long-term trail funding, and concerns about borrowing to fund pension obligations.

Pension Debt and Bonding Capacity 57:56 CM Lane raised concerns about the city's growing debt from $136 million in bonds for pension funding. He warned of reduced bonding capacity in case of economic downturn.

Franchise Fee and Legal Authority 1:03:57 VM Gordon asked whether increasing the franchise fee to fund streetlights is legally permissible. He received confirmation that franchise fees are general fund revenue and can be used for any purpose.

Appointments

Patrick Brewer was reappointed to the Planning Commission.

Contested Items

Budget and Pension Funding

Council members expressed significant disagreement over the proposed FY2013 budget. CM Martin and CM Lane led opposition to the budget proposal, citing concerns about pension liabilities, debt obligations from bond issuance, and insufficient long-term funding mechanisms for critical infrastructure projects, particularly trails. This disagreement resulted in a split vote on the budget matter.

Committee of the Whole on Salaries

A procedural dispute emerged regarding the legal authority of a Committee of the Whole meeting to reconsider a previously rejected issue. Some council members questioned whether such a meeting could legally revisit a matter that had already been rejected, despite provisions in the council's established rules allowing for reconsideration. This disagreement centered on the interpretation and application of parliamentary procedure and the council's governing rules.

Public Comment - Issues on Agenda

1:29

No public comments were received on issues on the agenda. Mayor Jim Gray confirmed this with the clerk, and the meeting proceeded to the next item.

Requested Rezonings/Docket Approval

2:02

The council approved the docket for requested rezonings during this agenda item. The approval included adding an ordinance to change the zoning classification for the property located at 763 Lane Allen Rd from R-1C (residential) to B-1 (business) designation.

Key Action

The rezoning was approved without requiring a public hearing. Council Members Henson and Farmer participated in the discussion of this item.

Outcome

The motion to approve the rezoning docket passed unanimously.

Approval of Summary

The body approved the summary from the May 29th, 2012 Work Session. 7:25

CM Beard and VM Gorton were the key speakers on this agenda item. The motion to approve the summary passed without dissent.

Budget Amendments

The council considered budget amendments related to multiple grant matches and funding for various projects. 7:25

Council Members Ellinger and Myers were the key speakers on this agenda item.

The amendments addressed funding for several initiatives, including: - Legacy Trail Phase III - WIA Youth - Neighborhood Stabilization

The motion to approve the budget amendments passed unanimously.

New Business

8:26

The council approved a series of new business items during this portion of the meeting. CM Blues and CM Farmer were the key speakers on this agenda item.

The new business items included grant applications, contract executions, and policy changes. The motion to approve these items passed unanimously.

Continuing Business/Presentations

Mr. Jim Host presented on construction management practices employed in the Yum Center project 14:02. The presentation focused on three key elements of the project's approach:

• Construction Manager at Risk model — the contracting structure used for the project
• Fixed fees — the fee arrangement implemented
• Minority hiring requirements — workforce diversity standards applied to the project

The presentation was well-received by attendees. Following Mr. Host's remarks, CM Lane engaged in discussion about the practices presented, with particular interest in how these construction management approaches might be applied to the city's sewer project.

The outcome of this agenda item was informational in nature, with no formal action taken. The discussion served to share lessons and best practices from the Yum Center construction experience with city leadership for potential future application to other municipal projects.

Council Reports

Council members provided updates on various initiatives and programs during this agenda item.

Topics Covered

The following initiatives were discussed:

• Tweens Coalition's health programs
• Second Sunday event
• UK railroad trail grant

Speakers and Participants

The following council members and officials participated in the reports:

• CM McCord
• CM Lawless
• CM Martin
• CM Lane
• VM Gordon

Concerns Raised

Several members expressed concerns regarding:

• Budget matters
• Pension system issues

Outcome

This agenda item was informational in nature, with no formal action taken.

Mayor's Report

During the Mayor's Report section of the meeting, council members discussed two primary matters.

Planning Commission Nomination

The council addressed the nomination of Patrick Brewer for the Planning Commission. Details regarding the specific discussion points or council members' positions on this nomination were not provided in the available information.

Salary Issues and Special Committee

Council members identified a need to convene a Special Committee of the Whole to reconsider salary issues. Vice Mayor Gordon, Council Member Martin, and Council Member Crosby participated in this discussion. The council determined that a dedicated meeting would be necessary to address these matters comprehensively.

Scheduled Meeting

As a result of these discussions, a Special Committee of the Whole meeting was scheduled for Thursday, June 21 at 5:30 PM to further deliberate on the salary issues raised.

The outcome of this agenda item was informational in nature, with the primary action being the scheduling of the follow-up committee meeting.

Public Comment - Issues Not on the Agenda

1:17:14

No public comments were received during this portion of the meeting. Mr. Mundy noted the absence of public input on matters not listed on the agenda.

Following this announcement, the council proceeded to closed session to address litigation and personnel matters.

Adjournment

The meeting was adjourned at approximately 02:09:40 following a motion by CM Martin, which was seconded by CM Henson. The motion to adjourn passed unanimously.