Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on October 2, 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 addressed nine agenda items during the session, including public comment periods, zoning matters, budget amendments, and various reports. The body took eight votes and heard seven public comments from members of the community on both agenda and non-agenda items. Among the actions taken, the council approved the meeting summary, budget amendments, new business items, continuing business and presentations, and council reports. One item—Requested Rezonings/Docket Approval—was deferred to a future meeting.

Attendance

Present: - Mayor Jim Gray - Councilmember Lawless - Councilmember Ellinger - Councilmember Crosbie - Councilmember Gorton - Councilmember Farmer - Councilmember Stinnett - Councilmember Martin - Councilmember Henson - Councilmember Kay - Councilmember Ford - Councilmember McCord - Councilmember Slatin - Councilmember Paulson - Councilmember Lane - Councilmember Stenner - Councilmember Woods - Councilmember Gooding - Councilmember Graham - Councilmember Driskell - Councilmember Maxwell - Councilmember Dugger - Councilmember Moloney - Councilmember Blues - Councilmember Bearden - Councilmember Murphy

Absent: - Councilmember Myers - Councilmember Martin

Votes and Decisions

The council took eight votes during this meeting, with seven passing by voice vote and one passing by electronic vote.

Motion to cancel the October 9th, 6 p.m. zone change hearing 16:59 Vice Mayor Gordon moved to cancel the hearing due to failure to post the required 14-day notice sign. Councilmember Farmer seconded. The motion passed by voice vote.

Motion to approve the Summary 26:54 Councilmember Stinnett moved to approve the Summary, seconded by Councilmember Beard. The motion passed by voice vote.

Motion to approve Budget Amendments 27:26 Councilmember Farmer moved to approve Budget Amendments, seconded by Councilmember Myers. The motion passed by voice vote.

Motion to remove items A and B from the docket 42:16 Councilmember Farmer moved to remove the Metro Employees Credit Union leases from the docket and return them to the General Government Committee, seconded by Councilmember Martin. The motion passed by voice vote.

Motion to amend item E 52:29 Councilmember Lane moved to amend the pest control service item to specify an annual rate instead of monthly, seconded by Councilmember Farmer. The motion passed by voice vote.

Motion to approve New Business 52:29 Vice Mayor Gordon moved to approve New Business, seconded by Councilmember Beard. The motion passed by voice vote.

Motion to place zoning ordinance text amendments on docket 56:53 Councilmember Farmer moved to place on the docket a resolution initiating zoning ordinance text amendments for compressed natural gas refueling stations, seconded by Vice Mayor Gordon. The motion passed by voice vote.

Motion to forward Adult Daycare Center ZODA 1:38:49 Councilmember Farmer moved to forward the Adult Daycare Center ZODA with amended parking requirement to the full council, seconded by Councilmember Myers. The motion passed by electronic vote, 8–5. Voting in favor were Councilmembers Farmer, Gorton, Ellinger, Stinnett, Henson, Kay, Ford, and McCord. Voting against were Councilmembers Martin, Slatin, Paulson, Lane, and Stenner.

Budget and Financial Actions

The meeting approved the following financial actions and agreements:

Lease Agreements

• Metro Employees Credit Union – Versailles Road Campus space (L797-12): $18,977.16 for Year 1
• Metro Employees Credit Union – Phoenix Building space (L799-12): $5,650.97 for Year 1
• West End Community Empowerment Project of Lexington, Inc. (WECEP) – Black & Williams gymnasium space (L998-12): $12,795.42 annually

Service and Health Insurance Contracts

• Ecolab Pest Services – Monthly pest service at Division of Community Corrections (L925-12): $4,940
• Humana – Senior Health Plan for City Employees Pension Fund (L886-12): $0
• Humana – Senior Health Plan for Police and Fire Retirees (L887-12): $0
• Humana Insurance Company – Health insurance claims payment agreement for January 1 – December 31, 2012 (L993-12): $0

Capital Projects and Amendments

• Churchill McGee, LLC – Change Order No. 1 for stockroom renovation at Division of Waste Management (L985-12): $3,598
• Kentucky Transportation Cabinet – Amendment to Old Frankfort Pike/Alexandria Drive Stone Fence Project (L1008-12): $120,000 federal funding with $30,000 local match

Infrastructure Funding

• Application for Low-Interest State Revolving Fund Loans through Kentucky Department of Environmental Quality for Sanitary and Storm Sewer Projects (L1007-12): $56,000,000+

Budget Amendment

• Division of Waste Management – Program Manager Sr. position budget amendment (1013-12): $11,540.00 increase to Urban Services District Fund

Public Comment

Several council members addressed the body on various matters during the meeting.

Procedural Fairness in Zone Changes

Councilmember Lawless raised concerns about procedural fairness in zone change hearings 1:48:18. He expressed worry that a zone change could be delayed indefinitely if a developer fails to post a required notice sign, and emphasized the need for systemic reform to prevent such procedural loopholes.

State Funding for Road Projects

Councilmember McCord suggested that the council should structure the bond proposal to invite state matching funds 1:03:50. He cited past success when Lexington demonstrated local commitment to securing state support.

Customer Service Recognition

Councilmember Stenner recognized LexiCol staff and other frontline government employees for their dedication during Customer Service Appreciation Week 1:42:02.

Community Events and Announcements

Councilmember Farmer announced a volunteer cleanup and native planting event along Richmond Road creek as part of the Keep Lexington Beautiful project 1:43:05. Public participation was invited, with registration available via Eventbrite.

Councilmember Kay promoted a Saturday fundraiser at Wessex Brewery 1:44:14, which will include a dunking booth where attendees can dunk the council member.

Councilmember Martin invited council members to attend the annual meeting of the Pasadena Neighborhood Association on October 4th at Broadway Baptist Church 1:44:50.

Councilmember Henson noted the dedication of a park shelter at Valley Park 1:45:32, honoring a youth who made significant contributions to the community.

Contested Items

The October 2, 2012 meeting included three significant areas of disagreement among council members.

Adult Daycare ZODA and Board of Adjustment

Council members engaged in heated debate over whether to forward an Adult Daycare Zoning Ordinance Development Agreement (ZODA) to the full council. The core disagreement centered on the role of conditional use requirements and Board of Adjustment review. Some council members expressed concern that these procedural requirements would create barriers to access for vulnerable populations seeking daycare services. Others argued that Board of Adjustment review and conditional use standards were necessary to protect neighborhood interests and ensure appropriate land use compatibility. The council remained divided on whether these safeguards would serve their intended protective purpose or unnecessarily obstruct services for those in need.

Metro Employees Credit Union Lease Terms

Council members split on the appropriate lease terms for Metro Employees Credit Union, a nonprofit organization providing financial services to city employees. The disagreement focused on whether the organization should be charged fair market value for its lease or receive more favorable terms given its nonprofit status and service to municipal employees. The division was significant enough that a motion was made to return the lease items to committee for further review rather than proceeding with a vote, indicating the council sought additional time to resolve the valuation dispute.

Zone Change Hearing Scheduling and Procedural Fairness

A procedural error in posting notice for a zone change hearing prompted extended debate over the council's authority to cancel and reschedule the hearing. Council members raised concerns about due process protections and questioned whether cancellation would violate proper procedures. The dispute also involved questions about quorum requirements and whether the council could legally proceed with rescheduling. This procedural disagreement reflected broader concerns about maintaining fairness and legal compliance in the hearing process.

Public Comment - Issues on Agenda

No public comments were made during this portion of the meeting.

Requested Rezonings / Docket Approval

4:05

The council addressed a scheduled zone change hearing but was unable to proceed as planned. The hearing was canceled due to a procedural failure—the required 14-day notice sign had not been properly posted.

Key Speakers: - Councilmember Murphy - Councilmember Lawless - Councilmember Stenner

Outcome:

Because the public hearing could not take place, the Planning Commission's recommendation was upheld by default. The matter was deferred, meaning it was postponed rather than resolved at this meeting.

Approval of Summary

The council considered approval of the summary from the work session. 26:54

Councilmember Stinnett and Councilmember Beard participated in this agenda item.

The summary was approved without discussion through a voice vote. The outcome was approval.

Budget Amendments

The council approved budget amendments by voice vote without discussion 27:26. The amendments included funding for a new Program Manager Sr. position in Waste Management.

Councilmembers Farmer and Myers were the key speakers on this item. The amendments were adopted without debate or concerns being raised during the meeting.

New Business

52:29

The council addressed several new business items during this portion of the meeting, including lease agreements, contracts, and zoning amendments.

Key Actions

A motion to return two Metro Employees Credit Union lease items to committee passed. Following this action, the full new business package was approved by the council.

Participants

Councilmember Farmer, Councilmember Stenner, and Councilmember Henson were the key speakers during discussion of the new business items.

Outcome

The new business agenda item was approved.

Continuing Business / Presentations

53:00

During this agenda item, the council addressed several matters including approval of Neighborhood Development Funds and reports from the Planning and Public Works Committee.

Neighborhood Development Funds

The Neighborhood Development Funds were approved by the council.

Planning and Public Works Committee Report

The committee report included two primary items:

• Zoning Text Amendments for Compressed Natural Gas Refueling Stations: A motion was made to initiate zoning text amendments related to compressed natural gas refueling stations.

• Repaving Funding Strategies: The committee discussed various funding strategies for repaving projects.

Key Participants

Councilmember Farmer, Councilmember Stenner, and Councilmember McCord were the primary speakers during this portion of the meeting.

Outcome

The agenda item was approved.

Council Reports

During this agenda item, council members presented reports on various municipal activities and initiatives. 1:38:49

Reports Presented

The following reports were presented to the council:

• Social Services and Community Development
• Adult Daycare ZODA

Key Speakers

The following council members participated in the discussion:

• Councilmember Myers
• Councilmember Stenner
• Councilmember Ford

Outcome

The Adult Daycare ZODA was approved for docketing. A motion was made to table the item after first reading.

Mayor's Report

No report was presented during this agenda item.

Public Comment - Issues Not on Agenda

1:42:02

During this agenda item, several council members provided public comments on matters not listed on the meeting agenda. The discussion was informational in nature.

Speakers and Participants:

The following council members participated in this portion of the meeting:

• Councilmember Stenner
• Councilmember Farmer
• Councilmember Kay
• Councilmember Martin
• Councilmember Henson

Topics Discussed:

Council members made remarks regarding community events, volunteer projects, and expressions of appreciation for public service. The specific details of individual comments were not provided in the available meeting materials.

Outcome:

This agenda item concluded as an informational discussion with no formal action taken.