Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on April 16, 2013, at 1:00 p.m., with Bill Farmer presiding. The committee addressed six agenda items during the meeting, taking two votes and hearing eight public comments.

The committee approved two items: the Approval of Summary and Right of Entry. Three agenda items were deferred to a future meeting: the Two Way Streets Update, Exaction Fees, and B1 ZOTA. The committee also approved Items in Committee.

Attendance

Present: Bill Farmer, Jennifer Mossotti, Charles Ellinger, Steve Kay, Chris Ford, Julian Beard, Harry Clarke, Peggy Henson, Linda Gorton, Jennifer Scutchfield, Kevin Stinnett, Chris King, David Barberie, Scott Shapiro, Tom Creasey, Andrew Grunwald, Brad Frazier, Kevin Wente, and Stan Harvey.

Absent: Diane Lawless.

Late: None.

Votes and Decisions

Motion to Approve Modified Draft Zoning Ordinance Text Amendment Regarding Right of Entry 7:05

A motion to approve the modified draft zoning ordinance text amendment regarding right of entry was made by Linda Gorton and seconded by Harry Clarke. The motion passed by voice vote with no dissenting votes. All 19 members voted in favor: Bill Farmer, Jennifer Mossotti, Charles Ellinger, Steve Kay, Chris Ford, Julian Beard, Harry Clarke, Peggy Henson, Linda Gorton, Jennifer Scutchfield, Kevin Stinnett, Chris King, David Barberie, Scott Shapiro, Tom Creasey, Andrew Grunwald, Brad Frazier, Kevin Wente, and Stan Harvey.

Motion to Remove Right of Entry from Items Referred List 1:33:57

A motion to remove Right of Entry from the items referred list was made by Peggy Henson and seconded by Steve Kay. The motion passed by voice vote with no dissenting votes. All 19 members voted in favor: Bill Farmer, Jennifer Mossotti, Charles Ellinger, Steve Kay, Chris Ford, Julian Beard, Harry Clarke, Peggy Henson, Linda Gorton, Jennifer Scutchfield, Kevin Stinnett, Chris King, David Barberie, Scott Shapiro, Tom Creasey, Andrew Grunwald, Brad Frazier, Kevin Wente, and Stan Harvey.

Public Comment

Eight speakers addressed the council during the public comment period, raising questions and concerns about two-way streets conversion, parking impacts, and procedural transparency.

Two-Way Streets Study and Safety

Kevin Stinnett spoke twice during public comment. He expressed concern that the two-way streets study has been repeated multiple times without a final decision, emphasizing the need for transparency and public input given strong community division on the issue 38:53. In a second comment, Stinnett highlighted extreme safety issues on Main and Vine Streets, including high speeds and fatalities, and stressed the importance of data-driven decisions 43:14.

Chris Ford asked whether interim recommendations from the north area study would be presented before the full report is completed, and whether the council could act on partial street conversions 46:51.

Parking and Business Impacts

Julian Beard asked whether the study includes data on parking impacts and sought clarification on how businesses are defined in the study, specifically whether the definition includes offices and restaurants 29:54.

Right of Entry and Constitutional Protections

Peggy Henson asked about the time frame for obtaining a search warrant and confirmed that the proposed language includes safeguards for constitutional rights 5:01. Chris King clarified that search warrants would only be needed in rare cases, estimated at less than half a dozen per year, and confirmed that the new language includes constitutional safeguards 6:01.

Transparency and Committee Information

Steve Kay advocated for earlier release of draft materials to the council, arguing that withholding information creates distrust and hinders consensus-building 1:28:22. Linda Gorton requested that the list of committee members be shared and asked for clarification on whether 4th Street conversion would proceed before the full study is completed 1:05:09.

Contested Items

Two-way Streets Study Process

Council members engaged in a heated discussion regarding the two-way streets study process. The primary concern centered on transparency and information sharing, with members expressing frustration over delayed communication. Council members raised questions about the inclusivity of the public process, arguing that it was not sufficiently open to community input. A key point of contention was that decisions appeared to be moving forward without adequate council involvement in the decision-making process.

Right of Entry Ordinance

The right of entry ordinance motion passed unanimously; however, debate preceded the vote regarding the scope of the ordinance's language. Some council members questioned whether the ordinance should be expanded to cover building inspection violations. There was disagreement about whether the current language adequately addressed this category of violations or whether the scope should be broadened to include additional enforcement scenarios.

Approval of Summary

The committee approved the summary from the previous meeting without dissent 0:00. Julian Beard made a motion to approve the summary, which was seconded by Charles Ellinger. The summary was approved with no objections raised.

Right of Entry

The committee considered a revised draft of the right of entry ordinance 7:05. The updated version incorporated constitutional safeguards and language modeled after existing sewer inspection authority.

Key Participants

The discussion involved Chris King, Linda Gorton, Peggy Henson, Kevin Stinnett, and Harry Clarke.

Outcome

The committee approved the ordinance by unanimous motion.

Two Way Streets Update

Stantec presented an update on the Downtown Lexington Traffic Movement & Revitalization Study during this agenda item 15:19. The presentation covered progress on the north area analysis, public engagement efforts, and upcoming phases of the project.

Key Speakers

The discussion involved Chris King, Tom Creasey, Scott Shapiro, and Stan Harvey.

Presentation Content

The update detailed work completed on the north area analysis as part of the broader traffic movement and revitalization study for downtown Lexington. The presentation also addressed public engagement activities undertaken to date and outlined the next phases planned for the study.

Committee Concerns

Committee members raised concerns about transparency and timing related to the project. These concerns were significant enough to influence the outcome of the discussion.

Outcome

The agenda item was deferred, indicating that further discussion or action on the Two Way Streets Update was postponed to a future meeting.

Exaction Fees

The discussion of exaction fees was placed in committee by Kevin Stinnett but was deferred to the next meeting due to time constraints. 1:32:54

Chris King was also involved in this agenda item. No additional details regarding specific presentations, debates, or concerns raised during this discussion were recorded in the available materials.

B1 ZOTA

1:32:54

The committee discussed the B1 ZOTA amendment during this agenda item. The discussion involved changes to several zoning provisions, including yard requirements, height restrictions, parking regulations, and special provisions.

Key speakers in this discussion included Chris King, Linda Gorton, and Peggy Henson.

The committee did not vote on the B1 ZOTA amendment at this meeting. The item was deferred and will be addressed in a future meeting.

Items in Committee

The committee reviewed and updated its list of referred items during this discussion. 1:33:57

Updates to Committee Referrals

The committee made several changes to its active items:

• Emergency Preparedness was removed from the list of referred items
• The referral for Doug Martin was updated to Harry Clarke
• Adult Day Care Centers were added under the referral to Chris Ford

Key Participants

Bill Farmer, Steve Kay, Peggy Henson, and Harry Clarke participated in this discussion.

Outcome

The updated committee referral list was approved.