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Urban County Council Work Session

December 4, 2012 · 12,829 words

Summary

Meeting Overview

The Urban County Council met on December 4, 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 10 agenda items during the session, including public comment periods, zoning matters, budget amendments, and various reports. The body took 18 votes and heard 14 public comments from members of the community. All substantive agenda items brought to a vote were approved, including requested rezonings, budget amendments, new business, and continuing business presentations. The meeting concluded with adjournment following the mayor's report and a final public comment period for issues not on the agenda.

Attendance

Present: - Jim Gray - VM Gorton - CM Ellinger - CM Kay - CM Ford - CM Blues - CM Farmer - CM Stinnett - CM Henson - CM Lane - CM McCord - CM Martin - CM Lawless - CM Cosby

Absent: - CM Beard

Late: None recorded

Votes and Decisions

All votes during this meeting were conducted by voice vote. The following items were approved:

Zoning and Land Use

Motion to approve the docket of requested rezonings and other items, moved by Council Member Farmer and seconded by Council Member Myers 10:55.

Ordinance 12-12 to change zoning from R3 planned neighborhood residential to R4 high-density apartment for property at 4250 and 4290 Harrodsburg Road and 4113 and 4204 Reserve Road, moved by Council Member Martin and seconded by Council Member Crosby 12:03.

Ordinance 12-13 to place on docket without public hearing an ordinance changing zone from R3 to R4 for property at 4250 and 4290 Harrodsburg Road and 4113 and 4204 Reserve Road, moved by Council Member Blues and seconded by Vice Mayor Gordon 13:04.

Infrastructure and Property

Resolution 0073-26 to authorize the mayor to execute a deed and pay $78,000 for property at 3,700 Alumni Drive for sanitary sewer remedial measures, moved by Council Member Crosby and seconded by Council Member Farmer 13:40.

Resolution 0074-26 to authorize the mayor to execute a supplemental agreement with Kentucky Transportation Cabinet for $2,480,000 for Claysmo Road Improvements, moved by Council Member McCord and seconded by Council Member Myers 14:16.

Ordinance 12-14 to designate a 25 mph speed limit on Della Drive between Appomattox and Harrodsburg Road, moved by Council Member Henson and seconded by Vice Mayor Gordon 15:21.

Administrative and Budget Matters

Motion to approve the docket after correction of district number for item 12, moved by Council Member Lane. The district number was corrected before first reading 15:55.

Motion to approve the summary of prior meetings, moved by Vice Mayor Gordon and seconded by Council Member Myers 16:56.

Motion to approve budget amendments, moved by Council Member Myers and seconded by Vice Mayor Gordon 16:56.

Motion to approve new business items, moved by Council Member Blues and seconded by Council Member Ellinger 17:27.

Grants and Personnel

Change Order No. 1 (Final) approving a $42,104.04 increase for Deep Springs Pump Station and Force Main Upgrade, required by consent decree 18:17.

Memorandum of Agreement 1261-12 to accept a $40,000 federal grant from Kentucky Justice and Public Safety Cabinet with a $10,000 local match 20:31.

Resolution 1278-12 to amend Section 21-5 abolishing two positions and creating two new positions in Division of Community Corrections, resulting in cost savings of $9,133.34 in FY2013 21:38.

Resolution 1279-12 to accept the report of the Capacity Assurance Task Force and adopt recommendations 24:43.

Additional Approvals

Motion to approve Neighborhood Development Funds, moved by Council Member Stinnett and seconded by Council Member Henson 40:09.

Motion to recommit amendment of Article 5-1 (Right of Entry) to Planning and Public Works Committee, moved by Council Member Farmer and seconded by Vice Mayor Gordon 43:23.

Motion to approve Mayor's Report, moved by Vice Mayor Gordon and seconded by Council Member Blues 1:33:43.

Motion to adjourn, moved by Council Member McCord and seconded by Vice Mayor Gordon 1:35:16.

Budget and Financial Actions

The meeting addressed multiple financial actions and agreements across various city departments and services.

Equipment and Services Purchases

The city approved a $48,694.80 purchase from Lynn Imaging (L1263-12) for two iPlan tables, two Contex CSCX3615R scanners with touch screens, Repro Software, stands, and ipf765 Canon printers.

Infrastructure and Construction

A lease/purchase agreement (L1236-12) for $54,033.48 was approved with the Kentucky Transportation Cabinet/Division of Maintenance for equipment related to the Tates Creek Road Sidewalk Improvements Project. A change order (L1252-12) for $42,104.04 was accepted from W. Rogers Co. for the Deep Springs Pump Station and Force Main Upgrade project. Engineering services agreements (L1281-12) were approved with HDR, GRW, Tetra Tech, and Stantec for wastewater equalization tanks work.

Contracts and Agreements

The city contracted with Group CJ, LLP (L1237-12) for $44,400.00 for a Mobility Office Marketing Campaign for FY2013. A memorandum of understanding (L1256-12) with Fayette County Public Schools for $40,000.00 was approved for bus transportation for Family Care Center students. Tetra Tech Engineering and Architecture Services (L1257-12) was contracted for $32,875.00 for construction progress reporting on Haley Pike Landfill closure. Access Wellness Group (L1274-12) was approved for $56,700.00 for a one-year employee assistance program.

Grants Accepted

The city accepted $108,000.00 (L1260-12) from the Kentucky Office of Homeland Security for Hazardous Devices Training and Structural Collapse Technician Certification Training projects. A $50,000.00 federal grant (L1261-12) from the Kentucky Justice and Public Safety Cabinet was accepted with a $10,000.00 local match. The Kentucky Department of Military Affairs grant (L1277-12) of $210,913.62 was accepted for an Emergency Management Assistance Project. A $1,800.00 award (L1264-12) from the National Police Athletic/Activities League for a football program was also accepted.

Personnel and Administrative Actions

Amendments to Section 21-5 addressed staffing changes in the Division of Enterprise Solutions (L1276-12) for $15,168.00 and the Division of Community Corrections (L1278-12) for $33,260.00. An amendment to Resolution 557-2012 (L1275-12) for $75,000.25 authorized purchase of Lucas II CPR devices for the Division of Fire and Emergency Services.

Other Actions

Authorization was granted (L1280-12) to issue $3,850,000.00 in Industrial Revenue Bonds to Anchor Baptist Church for commercial note refinancing.

Public Comment

Council members addressed several topics during the meeting, including the Capacity Assurance Task Force report, the Farmland Preservation and Rural (PDR) program, and reflections on departing council members.

Capacity Assurance Task Force Report

Council Member Lane expressed concern about the technical complexity of the report, questioning whether the council had sufficient expertise to make informed decisions on such technical matters 24:43. Council Member Blues countered that the council should support the report given the community involvement and stakeholder input 29:57.

Vice Mayor Gordon emphasized that the task force relied on Stantec as technical consultants and included extensive stakeholder engagement 34:15. Council Member Martin confirmed the task force was unanimous in supporting the report, with only one minor dissent on a recommendation 35:20. Council Member Cosby stated that the council has the right to reject recommendations if they don't understand or agree with them, particularly when financial obligations are involved 36:53. Mr. Harmon from Stantec confirmed the task force had thorough documentation and that recommendations were consistent with EPA guidelines 37:56.

Council Member Farmer raised concerns that citizens are unaware of upcoming changes to development and infrastructure, emphasizing the need for public education 58:16.

PDR Program Discussion

Council Member McCord advocated for adding bonus scoring for farms that include trail easements in PDR applications to promote rural access 1:04:34. Council Member Lawless asked whether donated development rights could be used as match for federal funds 1:08:34. Vice Mayor Gordon noted that PDR is a public investment that enables agriculture and supports tourism, and should be balanced with incentives for infill and redevelopment 1:10:45. Council Member Martin suggested PDR should consider preserving scenic byways along creeks and streams 1:14:05. Council Member Lane praised the PDR program as a real asset to Fayette County farmers 1:15:50.

Departing Council Members

Council Member McCord reflected on his eight years on council, expressing gratitude to colleagues and staff 1:27:52. Council Member Lane expressed personal appreciation for Council Members McCord, Blues, and Martin, highlighting their contributions to public safety, task forces, and pension reform 1:32:13.

Appointments

Billy Van Pelt was appointed to the Courthouse Area Design Overlay Zone.

Contested Items

The December 4, 2012 meeting included two significant areas of disagreement among council members and staff.

Approval of Capacity Assurance Task Force Report

A heated discussion arose regarding approval of the Capacity Assurance Task Force report. Council Member Lane raised concerns about the technical complexity of the report and questioned whether the council possessed sufficient expertise to approve it. This prompted a detailed discussion about the appropriate role of technical consultants and the importance of stakeholder input in the decision-making process. The disagreement centered on whether council members could adequately evaluate and authorize a technically sophisticated document without deeper specialized knowledge.

Public Awareness of Sewer Capacity Changes

Council Member Farmer expressed concern that the general public remained unaware of upcoming changes to development and infrastructure related to sewer capacity. This item reflected community opposition to what Farmer characterized as insufficient public education efforts. The concern highlighted a gap between planned infrastructure changes and citizen awareness, with Farmer emphasizing the need for more robust public communication and education before implementation of these changes.

Public Comment - Issues on Agenda

10:20

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

Requested Rezonings / Docket Approval

10:55

The council considered and approved multiple rezoning requests during this agenda item. The approved actions included rezoning changes from R3 to R4 zoning for several properties, as well as authorization for the mayor to accept a deed for a property located at 3,700 Alumni Drive to facilitate sewer remedial measures.

Council members participating in the discussion included Council Member Martin, Council Member Blues, Council Member Crosby, Council Member McCord, and Council Member Henson.

The rezoning requests were presented for council consideration, with the various council members weighing in on the proposals. Following discussion, the council voted to approve the requested rezonings and related docket items.

The outcome of this agenda item was approval of the rezoning requests and authorization for the mayor to accept the deed for the Alumni Drive property for the stated sewer remedial purposes.

Approval of Summary

16:56

The council approved the summary of prior work sessions held on November 20 and 27, 2012. Vice Mayor Gordon and Council Member Myers were the key speakers during this agenda item.

The summary documents from the previous work sessions were presented for approval. The council voted to approve these summaries, which had been prepared following the November meetings.

Outcome: The summaries were approved.

Budget Amendments

The council addressed a series of budget amendments during this agenda item 16:56.

Key Speakers

Council Member Gorton and Council Member Ellinger participated in the discussion of the proposed amendments.

Amendments Approved

The council approved budget amendments that included:

  • An increase for a ladder truck purchase
  • Adjustments for various grant matches
  • Adjustments for operational costs

Outcome

The budget amendments were approved by the council.

New Business

The council reviewed and approved multiple new business items during this agenda section, which began approximately 17 minutes and 27 seconds into the meeting. 17:27

Council members Blues, Ellinger, Farmer, Henson, and Lane participated in the discussion alongside staff members Charlie Martin and Mr. Harmon. The items under consideration included contracts, grants, and personnel changes.

The council engaged in detailed discussions regarding the technical and financial implications of the proposed business items. While the extracted data does not specify the particular contracts, grants, or personnel matters addressed, the deliberative nature of the discussion indicates that council members carefully examined the substantive details before proceeding to a vote.

All new business items presented during this section were approved by the council.

Continuing Business / Presentations

40:09

The council received updates from multiple committees during this agenda item. Council Member Farmer, Council Member Henson, Charlie Martin, Mr. Harmon, Council Member McCord, and Council Member Lawless participated in presentations and discussions.

The council heard updates on the Planning and Public Works Committee, the Social Services and Community Development Committee, and the Capacity Assurance Task Force. A significant focus of the presentations involved recommendations for implementation of sewer capacity plans.

The item was approved by the council.

Council Reports

Council members provided updates on various commissions and task forces during this agenda item 1:22:24.

Speakers and Updates

Council Member Blues, Council Member Martin, and Vice Mayor Gordon delivered reports on their respective commission and task force assignments.

Topics Covered

The reports included updates from: - The Corridors Commission - The Design Excellence Task Force

Outcome

This agenda item was informational in nature, with council members sharing updates on ongoing commission and task force activities with no formal action required.

Mayor's Report

Mayor Jim Gray presented the Mayor's Report, which included announcements of upcoming city events and administrative matters. 1:33:43

Announcements:

  • The Christmas parade was highlighted as an upcoming event
  • The Spotlight on Youth event was announced
  • A swearing-in ceremony was confirmed for January 6

The report was approved by the council.

Public Comment - Issues Not on Agenda

1:35:16

No public comments were submitted on issues not on the agenda.

Adjournment

The meeting was adjourned following a motion by Council Member McCord and seconded by Vice Mayor Gordon 1:35:16. The motion to adjourn was approved.

Decisions

  • Motion — passed (0-0): approve the docket
  • Motion — passed (0-0): place an Ordinance changing the zone from a Planned Neighborhood Residential (R‐3) zone to a High Density Apartment (R‐4) zone, for 9.3 net acres, for property located at 4250 and 4290 Harrodsburg Road and 4113 and 4202 Reserve Road (Council District 10) on the docket without a public hearing
  • Motion — passed (0-0): place an Ordinance changing the zone from a Professional Office (P‐ 1) zone to a High Density Apartment (R‐4) zone, for 5.77 net acres, for property located at 161 and 181 Leestown Center Way (Council District 12) on the docket without a public hearing
  • Motion — passed (0-0): place on the docket for the Thursday, December 6 meeting, a resolution authorizing the Mayor to execute a certificate of consideration, and any other documents necessary, and to accept a deed for the property located at 3700 Alumni Drive, for multiple sanitary sewer remedial measures projects, and authorizing payment in the amount of $78,000.00, plus usual and appropriate closing costs
  • Motion — passed (0-0): place on the docket for the Thursday, December 6 meeting, a resolution authorizing the Mayor to execute a supplemental agreement # 4 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clays Mill Road improvement project for $2,480,000
  • Motion — passed (0-0): place on the docket for the Thursday, December 6 meeting, a resolution pursuant to Code of Ordinances Section 18‐66, designating the speed limit on Della Drive between Appomattox Road and Harrodsburg Road as 25 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and passed without dissent. Farmer’s motion passed
  • Motion — passed (0-0): approve the summaries
  • Motion — passed (0-0): approve the budget amendments
  • Motion — passed (0-0): approve the new business
  • Motion — passed (0-0): approve the neighborhood development funds
  • Motion — passed (0-0): refer the Amendment of Article 5‐1 (a) Right‐of‐Entry back into the Planning and Public Works Committee
  • Motion — passed (0-0): approve the Mayor’s Report
  • Motion — passed (0-0): adjourn