Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on September 11, 2012, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. During the meeting, the Council took 16 votes and heard 8 public comments from residents on both agenda and non-agenda items. The Council addressed 9 agenda items, including requested rezonings and docket approvals, budget amendments, new business, continuing business and presentations, and council and mayor reports. All substantive agenda items were approved, including the requested rezonings and docket approvals, summary approval, budget amendments, new business, continuing business and presentations, council reports, and the mayor's report.

Attendance

Present: - Mayor Jim Gray - Council Member Henson - Council Member Blues - Council Member Gorton - Council Member Farmer - Council Member Ellinger - Council Member Stinnett - Council Member Lawless - Council Member Myers - Council Member Kay - Council Member Ford - Council Member McCord - Council Member Lane

Absent: - Council Member Crosbie - Council Member Martin

Votes and Decisions

The meeting included 16 votes, with the majority passing unanimously.

Zoning and Land Use Matters

A motion to place an ordinance changing the zone from Wholesale and Warehouse Business (B-4) to Mixed-Use Community (MU-3) for property at 1200 Red Mile Rd. and 439, 441, 445, 451, 455, 459, 461, 463, 471 Nelms Ave on the docket for the August 30, 2012 Council meeting without a public hearing passed unanimously. Motion by Henson, seconded by Blues [00:05:18].

A motion to hold a public hearing for an ordinance changing the zone from Single Family Residential (R-1D) to Townhouse Residential (R-1T) for property at 99-119 Burley Ave on October 9, 2012 at 6:00pm passed by roll call vote, 8-4. Voting in favor: Henson, Blues, Gorton, Farmer, Ellinger, Stinnett, Myers, and Kay. Voting against: Lane, Ford, McChord, and Martin. Motion by Lawless, seconded by Gorton [00:05:18].

A motion to place amending Article 1 and Article 8 of the Zoning Ordinance to define adult day care centers and regulate such facilities as a conditional use in the P-1, B-1, B-2, B-2A and P-2 zones into the Planning and Public Works Committee passed by roll call vote, 12-1. Voting in favor: Henson, Blues, Gorton, Farmer, Ellinger, Stinnett, Lawless, Myers, Kay, Ford, McChord, and Martin. Voting against: Lane. Motion by Stinnett, seconded by Henson [00:05:18].

A motion to set the date for a special meeting to hold a public hearing for the Anderson Campus Rentals property on October 9, 2012 at 6:00pm passed unanimously. Motion by Farmer, seconded by Gorton [00:05:18].

Administrative and Financial Matters

A motion to approve the docket passed unanimously. Motion by Farmer, seconded by Kay [00:05:18].

A motion to approve the summary passed unanimously. Motion by Beard, seconded by Farmer [00:06:27].

A motion to approve budget amendments passed unanimously. Motion by Farmer, seconded by Myers [00:09:49].

A motion to compel the Department of Finance to provide the Completed Annual Comprehensive Financial Review (CAFR) at the November 27, 2012 Budget and Finance Committee meeting passed by roll call vote, 9-1. Voting in favor: Henson, Blues, Gorton, Farmer, Ellinger, Stinnett, Lawless, Myers, and Kay. Voting against: Ford. Motion by Farmer, seconded by Stinnett [00:11:09].

Other Matters

Motions to approve new business items, the NDF list, add the Social Services Committee summary to the continuing business/presentations agenda, add the Fireworks Ordinance to the August 30, 2012 docket, bluesheet the Partner Agency Funding Process for FY2014, approve the Mayor's Report, and adjourn all passed unanimously [00:10:21 through 00:24:12].

A motion to place on the docket for the September 13, 2012 Council meeting a resolution requesting amendment of KRS 512.080 to authorize civil fines for unlawfully positioning advertisements on public property passed unanimously. Motion by Myers, seconded by Stinnett [00:03:23].

Budget and Financial Actions

The meeting authorized the following financial actions and contractual agreements:

Construction and Infrastructure Projects

• Change Order No. 1 with Judy Construction Company (L876-12) for $9,431 to address additional work on the West Hickman WWTP Improvement Clarifier #8 Modifications/Repairs Project
• Change Order No. 1 with LAGCO (L877-12) for $4,751.50 for the Anniston/Wickland Capital Storm Sewer Project Phase 2
• Amendment to Resolution No. 91-2012 (L889-12) to increase funding by $5,000 for acquisition of fee simple right of way and temporary construction easements for Meadows/Northland/Arlington Public Improvements Section 5A
• Partial Release of Easement (L915-12) releasing a portion of a sanitary sewer easement on property at 249 Towne Square Park

Grants and Federal Funding

• Acceptance of additional federal funding from the Kentucky Energy and Environment Cabinet (L924-12) in the amount of $300,000 for the Wolf Run Creek Watershed Based Plan

Service Agreements and Amendments

• Mutual Aid Agreement with Rural/Metro Ambulance (L880-12) with no budgetary impact
• Amendment to Agreement with Kentucky Theater Management Group, Inc. (L902-12) for operation and management of the Kentucky and State Theaters, with no budgetary impact
• Three amendments to agreements with Kentucky Transportation Cabinet for the Share the Road Media Campaign Project (L890-12), Gainesway Trail Project (L891-12), and Fiber Optic Cable 2009 Project (L892-12), all with no budgetary impact
• Amendment to Agreement with Disponette Service Co. Inc. (L927-12) for improvements to Charles Young Center, requiring no additional funds

Public Safety and Personnel

• Agreement with the Institute of Police Technology and Management (L909-12) for $11,500 for a Burglary Investigations course
• Memoranda of Understanding with Kentucky State Police, Kentucky Internet Crimes Against Children Task Force (L910-12) and Internal Revenue Service, Criminal Investigation (L911-12), both with no budgetary impact
• Creation of one Program Supervisor P/T position (Grade 106N) in the Department of Social Services (L903-12) with funds included in the FY 2013 adopted budget

Tax Collection

• Agreement with Fayette County Sheriff (L928-12) for collection of 2012 ad valorem urban services property taxes, not to exceed $350,000

Public Comment

The meeting opened with remarks from Mayor Jim Gray, who observed a moment of silence and recognition for the 11th anniversary of 9/11, honoring those lost and reflecting on national unity and resilience 3:00. The Mayor also paid tribute to Louis Stout, a respected community leader and former Board of Adjustments chair, recognizing his contributions to sports, civic life, and public service 3:00.

Council Member Ford extended condolences to Louis Stout's family, praising his lifelong dedication to youth development through athletics and community service 22:37.

Several council members raised concerns about paving and infrastructure budgets. Council Member Farmer expressed concern over the reduced paving budget for the 5th District, noting a significant drop from the previous year and the difficulty of addressing road needs with limited funds 13:20. Council Member Lawless echoed similar concerns about the 3rd District's low paving allocation, citing high street failure rates and the challenges of addressing infrastructure issues with minimal funding 18:20. Council Member Stinnett called for a comprehensive plan to address the city's long-term street repaving needs, noting that $27 million in unmet demand remains despite past efforts 20:34.

On healthcare matters, Council Member McCord emphasized the importance of managing healthcare costs and praised the administration for implementing cost-saving measures and improving plan benefits 14:01. Council Member Stinnett highlighted the complexity of the health plan transition and stressed the need for comprehensive employee education to ensure understanding and successful enrollment 14:31.

Appointments

Richard Moloney was appointed to the position of Chief Administrative Officer.

Contested Items

Three major areas of contention emerged during the meeting:

Long-term Management of EPA Consent Decree Projects

Council Member Lane raised significant concerns about the city's ability to manage a $500 million EPA Consent Decree project over the long term. Lane questioned the council's expertise in overseeing a project of this magnitude and called for stronger oversight mechanisms. The discussion centered on cost control and continuity, with Lane advocating for potential project management oversight to ensure accountability and prevent cost overruns throughout the project's duration.

Right-of-Way Acquisition Process

Council Members Lawless and Kaye engaged in heated discussion regarding delays in the right-of-way acquisition process. Both members expressed frustration with the pace of negotiations and urged the administration to streamline its approach. They specifically recommended that the city consider using condemnation procedures when necessary to expedite acquisitions and prevent further project delays. The council members emphasized that delays in securing rights-of-way could jeopardize the overall project timeline.

Health Plan Renewal and Employee Education

Council Members Stinnett and Myers raised concerns about the adequacy of employee education regarding the new health plan renewal. Both emphasized that the plan's complexity required comprehensive communication to employees before open enrollment began. They expressed worry that insufficient education could lead to confusion among city employees during the enrollment period and advocated for more robust educational efforts to ensure employees understood their options and coverage details.

Public Comment – Issues on Agenda

5:18

No public comment was received for issues on the agenda. The meeting proceeded to the next item without discussion.

Requested Rezonings/Docket Approval

5:18

The Council addressed multiple rezoning requests and approved the docket during this agenda item.

Actions Taken:

The Council approved a rezoning request for 1200 Red Mile Road, changing the property classification from B-4 to MU-3. Additionally, a public hearing was scheduled for a rezoning request affecting the properties at 99-119 Burley Avenue.

The docket was approved by the Council.

Key Participants:

The discussion involved Council members Henson, Lawless, Farmer, and Stinnett.

Outcome:

All rezoning requests and docket approval were approved.

Approval of Summary

The Council considered the approval of the summary from the previous meeting. 6:27

Key speakers on this item included Beard and Farmer.

The summary was presented for approval without discussion or objections being raised by Council members.

Outcome: The Council approved the summary.

Budget Amendments

The Council considered a series of budget amendments during this agenda item 9:49. Key speakers on this matter included Farmer and Myers.

The amendments encompassed reallocations across multiple budget categories, including grants, asset forfeiture funds, and operational expenses. The Council approved all proposed amendments without opposition.

New Business

The Council addressed the New Business agenda item 10:21, which provided an opportunity to discuss various administrative and operational matters.

Speakers and Participation

The discussion involved Council members Ellinger, Beard, and Farmer.

Outcome

The Council approved the new business agenda without debate, allowing for the discussion of various administrative and operational items to proceed.

Continuing Business/Presentations

During this agenda item, the Council reviewed several updates and presentations 11:09.

Topics Covered

The Council addressed updates on the following matters:

• Neighborhood Development Funds
• General Government Committee
• Budget & Finance Committee
• Sanitary sewer operations
• Health plan renewal

Key Speakers

Lane, Martin, and Marrs presented information and participated in the discussion of these continuing business items.

Outcome

The items presented were approved by the Council.

Council Reports

3:23

Council Members Myers, Gorton, Kaye, McCord, Farmer, and Ford presented reports on various initiatives during this agenda item.

A resolution to amend KRS 512.080 was presented for consideration. The proposed amendment would allow for the imposition of civil fines for unauthorized signage. Following discussion and presentation by the council members, this resolution was approved.

Mayor's Report

The Mayor's Report was presented during the meeting 11:09. Key speakers on this agenda item included Gorton and Myers.

The report was presented to the council and approved without discussion. This approval confirmed the administration's ongoing activities and priorities without requiring further deliberation or debate from the council members present.

Public Comment – Issues Not on Agenda

24:12

No public comment was received for issues not on the agenda. The meeting proceeded directly to adjournment.