Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on April 23, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Vice Mayor Gorton presiding. The council considered 27 agenda items and took 33 votes during the session. The meeting included 5 public comments.

All agenda items brought before the council were approved. Notable approvals included a text amendment to the zoning ordinance to allow mobile food vendors, authorization to install multi-way stop controls at McDonald Avenue in Hiltonia Park, and adoption of a fund balance worksheet. The council also approved several agreements and authorizations, including facility usage agreements with youth baseball leagues, a stormwater quality projects incentive grant to The Fountains at Andover Brookfield, LLC, and acceptance of federal funds from The National Council on Crime and Delinquency for a Prison Rape Elimination Project.

Additional approvals encompassed infrastructure and development projects, such as accepting deeds of easement for the Fourth and Jefferson Signalization Project and executing a Memorandum of Agreement with the Lexington Center Corporation for Rupp Arena planning and design. The council also authorized agreements for services including a tree canopy survey with Davey Resource Group and composting services with Red River Ranch, LLC. Administrative matters approved included amendments to Council Rules and Procedures and corrections to previous resolutions, as well as authorization to add $1,380,023.54 in funding to a purchase order for ATS Construction.

Attendance

The following individuals were present at the meeting on April 23, 2013:

• Linda Gorton
• Chuck Ellinger
• Steve Kay
• Chris Ford
• Shevawn Akers
• Diane Lawless
• Julian Beard
• Bill Farmer Jr.
• Kevin Stinnett
• Jennifer Scutchfield
• George Myers
• Jennifer Mossotti
• Harry Clarke
• Peggy Henson
• Ed Lane

No absences or late arrivals were recorded.

Votes and Decisions

All motions brought before the body on April 23, 2013 passed unanimously with 15 ayes, 0 nays, and 0 abstentions.

Procedural and Administrative Approvals

Motion 0399-13 to approve the summary from the April 16, 2013 work session passed unanimously 16:05. Motion 0384-13 to approve the General Government Committee Summary for April 9, 2013 passed unanimously 18:43. Motion 0405-13 to approve the Neighborhood Development Funds list for April 23, 2013 passed unanimously 18:12.

Zoning and Traffic Amendments

Motion 0424-13 to adopt the fund balance worksheet passed unanimously 1:17. Motion 0425-13, a text amendment to the zoning ordinance to allow mobile food vendors as accessory uses, passed unanimously 8:32. Motion 0426-13 to authorize installation of multi-way stop controls at McDonald Avenue in Hiltonia Park passed unanimously 15:01.

Council Rules Amendments

Motion 0427-13 to amend Section 2.201 of Council Rules and Procedures regarding quorum for standing committees passed unanimously 18:43. A related motion to establish a 15-minute quorum time limit and place the amendment on the docket for the April 25, 2013 Council meeting also passed unanimously 20:16.

Grants, Agreements, and Authorizations

Motions 0313-13 through 0387-13 and 0404-13 addressed various authorizations and agreements, all passing unanimously 29:23. These included amendments to solid waste fees, facility usage agreements with youth baseball leagues, stormwater quality project grants to multiple entities, acceptance of federal funds and donations, street name changes for Enhanced 9-1-1 improvements, easement authorizations, agreements with service providers and state entities, and funding additions for paving projects.

Meeting Conclusion

Motion to adjourn passed unanimously 53:22.

All 15 council members voted in favor of every motion: Linda Gorton, Chuck Ellinger, Steve Kay, Chris Ford, Shevawn Akers, Diane Lawless, Julian Beard, Bill Farmer Jr., Kevin Stinnett, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson, and Ed Lane.

Budget and Financial Actions

The meeting approved multiple budget amendments and financial actions under resolution 0384-13 and related resolutions.

Public Safety and Emergency Services

The meeting authorized $1,600,000 for the public safety radio project and $175,000 for the initial order of radio subscriber units and equipment. Funding of $26,287.00 and $15,633.00 was approved for temporary contract employees in the 911 Call Center.

Bond Issues and Major Projects

Two significant bond budgets were established: $6,498,821.40 for the 2013B refunding bond issue and $13,103,388.15 for the 2013A GO Resurfacing Bond. The meeting also approved $2,500,000.00 for the Arena District/Rupp project fiscal year 2013 funding.

Special Events and Community Programs

Funding was allocated for community events including $7,500.00 for the Reforest the Bluegrass Special Event, $2,000.00 for Sweet 16 food costs, and $1,370.00 for Sweet 16 food costs and operating expenses. An additional $750.00 was approved for banner installation and removal operating expenses, and $100.00 was allocated for a Leadership Award to a 2013 graduate of Family Care Center.

Grant Funding

Multiple grants were approved, including $2,500,000.00 for the Lexington Downtown Redevelopment project from the Commonwealth of Kentucky Office of the Governor Department for Local Government. Stormwater Quality Projects Incentive Grants were awarded to The Fountains at Andover Brookfield, LLC ($203,944.00), J.M. Smucker, LLC ($350,000.00), and Habitat for Humanity, Inc. ($148,169.00). A $33,134.00 grant budget was established for the Prison Rape Elimination Act (PREA) 2013.

Contracts and Services

A contract for $42,300.00 was approved with Davey Resource Group for a tree canopy survey and planting plan for the urban service area. Composting services funding was approved for Red River Ranch, LLC at $0.00. Planning and design funding for Rupp Arena was approved for Lexington Center Corporation at $0.00.

Infrastructure

Funding of $193,829.00 was approved for the salt budget to install a temporary salt storage structure. A purchase order for $1,380,023.54 was authorized with ATS Construction to complete the paving schedule for FY13.

Grant Adjustments

Numerous grant amendments were approved to reflect actual expenditures and revenues across multiple years and programs, including HOPWA 2009, Blue Light 2010, various TACT and Traffic Safety grants, and the CSEPP 2010 grant, along with $137,358.90 for the Newtown Pike FY 2009 grant for temporary housing expenses.

Public Comment

Five public comments were presented during the meeting.

Chris Ford 44:01 expressed condolences for recent tragedies in Boston and Texas, and thanked first responders for their service and sacrifice.

Diane Lawless addressed three separate topics:

• Emergency Preparedness 47:39 — Encouraged residents to register their cell and home phones with the city's emergency management system and to update their E911 information.

• Litter Reporting 49:23 — Suggested the city explore mobile applications for reporting litter, particularly cigarette butts, to improve accessibility and response.

• Travis Gaines Fundraiser 50:42 — Announced a golf tournament fundraiser for Travis Gaines, a Dunbar High School student injured in a diving accident. Details were shared via a Facebook page.

Kevin Stinnett 52:49 announced that Susan Lamb was named Kentucky Municipal Clerk of the Year and encouraged the council to recognize her at the next meeting.

Contested Items

ZODA Report Access and Transparency

Council Member Stinnett raised concerns about the transparency of the ZODA report process, specifically objecting to the fact that media outlets had access to the final report before the city council did. Stinnett questioned whether this represented appropriate procedural transparency. Vice Mayor Gorton responded to these concerns by clarifying that no draft version of the report had been shared with the media, addressing the council member's objection.

Performance Bonds vs. Letters of Credit

Council Member Stinnett initiated a procedural dispute regarding the city's policy on performance bonds. Stinnett advocated for a comprehensive review of the city's approach to performance bonds, arguing that the current policy should be reexamined to strike a better balance between maintaining accountability measures and avoiding excessive burden on developers. The council approved Stinnett's proposal to conduct this review.

Adopting fund balance worksheet

The Council approved the adoption of the updated fund balance worksheet during this meeting. 1:17

Key Speakers

Linda Gorton and Chuck Ellinger were the primary speakers on this agenda item.

Content

The fund balance worksheet outlined planned expenditures from the fund balance, with a significant increase allocated to the Economic Contingency Fund.

Outcome

The Council approved the resolution to adopt the updated fund balance worksheet.

Text amendment to zoning ordinance to allow mobile food vendors

The Council considered a text amendment to the zoning ordinance to permit mobile food units as accessory uses in industrial and office zones. 8:32

Key Speakers

Shevawn Akers and Chris King presented on this matter.

Content and Outcome

The amendment clarified zoning regulations for food trucks and mobile food vendors operating on private property. Specifically, it allowed mobile food units to serve employees and guests in industrial and office zones as accessory uses, rather than as primary commercial operations.

The Council approved the text amendment.

Authorization to install multi-way stop controls at McDonald Avenue in Hiltonia Park

Item Number: 0426-13

Type: Resolution

Outcome: Approved

Council considered and approved a resolution authorizing the installation of multi-way stop controls at McDonald Avenue in Hiltonia Park 15:01.

Key Speakers: - Julian Beard - Linda Gorton

Summary:

The council approved the installation of multi-way stop controls at McDonald Avenue in Hiltonia Park to improve traffic safety and control in the area.

Amendment to Section 2.201 of Council Rules and Procedures

The Council considered resolution 0427-13, an amendment to Section 2.201 of Council Rules and Procedures 18:43.

Proposal

The amendment established a 15-minute time limit for standing committees to obtain a quorum. Under the new rule, if a quorum is not achieved within 15 minutes, the committee must adjourn.

Key Speakers

Steve Kay and Glenda George were the primary speakers on this agenda item.

Outcome

The Council approved the amendment to Section 2.201 of Council Rules and Procedures.

Table of Motions April 16, 2013

16:05

Council reviewed and approved the summary of motions from the April 16, 2013 work session. The summary encompassed motions related to budget amendments, new business, and continuing business items that had been discussed during that session.

Key Speakers: - Julian Beard - George Myers

Outcome: The council approved the table of motions as presented.

General Government Committee Summary April 9, 2013

Council approved the summary of the April 9, 2013 General Government Committee meeting 18:43.

The approved summary included discussions on the following topics:

• Quorum procedures
• MECU MOA (Memorandum of Agreement)
• Future agenda items

Key speakers on this agenda item were Steve Kay and Glenda George.

The outcome of the vote was approval of the General Government Committee summary.

Neighborhood Development Funds, April 23, 2013

18:12

Council considered and approved the Neighborhood Development Funds list during this agenda item. The presentation was led by key speakers Linda Gorton and George Myers.

The approved funds included a $250 grant to FoodChain for educational programming at 148 Woodland Avenue.

The council voted to approve the Neighborhood Development Funds list as presented.

Authorization to amend Section 16-16 of the Code Ordinances to create Schedule E

Agenda Item: 0313-13

Council considered an ordinance to amend Section 16-16 of the Code Ordinances to create Schedule E. 29:23

Key Speakers: - Kevin Stinnett - Harry Clarke

Action: The amendment establishes Schedule E, which sets the solid waste-landfill fee for 2-cubic-yard dumpster containers at $12.05 per month.

Outcome: Council approved the amendment.

Authorization to execute Facility Usage Agreements with various youth baseball leagues

Item Number: 0331-13

Overview

Council considered and approved agreements to authorize the execution of Facility Usage Agreements with various youth baseball leagues. These agreements would provide facilities for youth sports programming during the period of March 1 to July 31, 2013.

Key Speakers

The discussion was led by Kevin Stinnett and Harry Clarke.

Outcome

Council approved the authorization to execute the Facility Usage Agreements with various youth baseball leagues. The agreements were noted to have no budgetary impact.

Discussion Details

The agenda item was addressed at approximately 29 minutes and 23 seconds into the meeting 29:23.

Authorization to execute an agreement awarding a Class B Stormwater Quality Projects Incentive Grant

29:23

The Council considered a Class B Stormwater Quality Projects Incentive Grant to The Fountains at Andover Brookfield, LLC. The grant, authorized up to $203,944, was intended to support infrastructure improvements at the project.

Kevin Stinnett and Harry Clarke presented on this agenda item. The Council approved the authorization to execute the agreement, allowing the grant to move forward to support the stormwater quality infrastructure improvements proposed by The Fountains at Andover Brookfield, LLC.

Authorization to accept award of federal funds from The National Council on Crime and Delinquency

Item Identifier: 0342-13

Overview

The Council considered authorization to accept $33,134 in federal funds from the National Council on Crime and Delinquency for a Prison Rape Elimination Project. The funds were designated for use within the Division of Community Corrections.

Key Speakers

• Kevin Stinnett
• Harry Clarke

Outcome

The Council approved the authorization to accept the federal award.

Transcript Reference

29:23

Authorization to accept a donation from the Citizen Police Academy Alumni Association

Council considered a proposal to accept a $7,512.80 donation from the Citizen Police Academy Alumni Association (CPAAA) 29:23.

Purpose of Donation

The donation was designated to cover travel expenses for the Motorcycle Unit to attend Police Memorial Week in Washington, D.C.

Key Speakers

Kevin Stinnett and Harry Clarke presented on this agenda item.

Outcome

Council approved the authorization to accept the donation from the CPAAA.

Authorization to change street names and/or individual property address numbers

Identifier: 0352-13

Type: Ordinance

Council considered and approved changes to street names and individual property address numbers across various districts. The primary purposes of these changes were to eliminate problematic addresses and improve the Enhanced 9-1-1 emergency response system.

Key Speakers: - Kevin Stinnett - Harry Clarke

Discussion: The presentation and discussion of this ordinance occurred at approximately 29 minutes and 23 seconds into the meeting 29:23.

Outcome: Council approved the authorization to change street names and/or individual property address numbers as presented.

Authorization to accept deeds of easement for the Fourth and Jefferson Signalization Project

29:23

The Council considered agenda item 0354-13, which sought authorization to accept deeds of easement from property owners for the Fourth and Jefferson Signalization Project.

Key Speakers

Kevin Stinnett and Harry Clarke presented information regarding this matter.

Outcome

The Council approved the authorization to accept the deeds of easement for the Fourth and Jefferson Signalization Project, with a cost not exceeding $4,000.

Authorization to execute agreement with Kentucky Office of Homeland Security for extension of performance period

Item 0355-13

Council approved an agreement with the Kentucky Office of Homeland Security to extend the performance period for the Metropolitan Medical Response System Project through December 31, 2013. 29:23

Key Speakers

• Kevin Stinnett
• Harry Clarke

Outcome

The authorization was approved.

Authorization to execute a Release of Easement for temporary pump station

Item Number: 0359-13

Outcome: Approved

Key Speakers: Kevin Stinnett, Harry Clarke

Summary:

Council approved the release of a temporary pump station easement on property located at 2108 Stedman Way. 29:23

The agenda item involved authorization for the city to execute a release of easement related to a temporary pump station facility. The specific property affected was 2108 Stedman Way. Kevin Stinnett and Harry Clarke presented or discussed this matter with the council.

The council voted to approve the release of the easement, allowing the temporary pump station easement to be terminated on the specified property.

Authorization to execute a Partial Release of Easement for drainage easement

Item Number: 0360-13

Council considered and approved authorization to execute a partial release of a drainage easement affecting property located at 821 Lochmere Place. 29:23

Key Speakers: - Kevin Stinnett - Harry Clarke

Outcome: The council approved the partial release of the drainage easement.

Authorization to execute an agreement with Davey Resource Group for tree canopy survey

Council approved a contract with Davey Resource Group to perform a tree canopy survey and develop a planting plan for the urban service area. 29:23

Key Speakers

Kevin Stinnett and Harry Clarke presented and discussed this agenda item.

Outcome

The council approved the authorization to execute the agreement with Davey Resource Group.

Authorization to execute an agreement with Red River Ranch, LLC for composting services

Item 0372-13

The council considered and approved an agreement with Red River Ranch, LLC for composting services. 29:23

Key Participants

Kevin Stinnett and Harry Clarke were the key speakers on this agenda item.

Proposal

The agreement authorized the execution of a contract with Red River Ranch, LLC to provide composting services for yard waste and organics at the Haley Pike Composting Facility.

Outcome

The council approved the agreement with Red River Ranch, LLC.

Authorization to execute a Memorandum of Agreement with the Commonwealth of Kentucky

Agenda Item 0376-13

Council considered authorization to execute a Memorandum of Agreement (MOA) with the Commonwealth of Kentucky for the Lexington Downtown Redevelopment project 29:23.

Key Speakers

Kevin Stinnett and Harry Clarke presented on this agenda item.

Summary

The MOA pertains to administration of a $2.5 million grant from the Commonwealth of Kentucky designated for the Lexington Downtown Redevelopment project.

Outcome

Council approved the authorization to execute the Memorandum of Agreement with the Commonwealth of Kentucky.

Authorization to execute a Memorandum of Agreement with the Lexington Center Corporation for Rupp Arena planning and design

Agenda Item: 0377-13

Council considered and approved a Memorandum of Agreement (MOA) with the Lexington Center Corporation regarding the planning and design of Rupp Arena as part of downtown redevelopment efforts. 29:23

Key Speakers: - Kevin Stinnett - Harry Clarke

Discussion and Outcome:

The MOA was presented to authorize the Lexington Center Corporation to manage expenditures related to the planning and design phase of the Rupp Arena project. This agreement was part of the broader downtown redevelopment initiative.

Council approved the authorization to execute the Memorandum of Agreement with the Lexington Center Corporation.

Authorization to amend Resolution No. 288-2011 to reduce Tempur-Pedic International inducement

29:23

The Council considered a resolution to amend Resolution No. 288-2011 regarding inducement terms for Tempur-Pedic International. The amendment proposed reducing the inducement period from ten years to five years to align with state inducement terms.

Key Speakers

Kevin Stinnett and Harry Clarke presented and discussed this agenda item.

Action Taken

The Council approved the amendment to Resolution No. 288-2011, reducing the Tempur-Pedic International inducement period from ten to five years.

Authorization to amend Resolution No. 146-2013 to correct clerical error

29:23

Council approved a correction to Resolution No. 146-2013 to fix a clerical error in the Telecommunicator Grade 111N hourly rate. The rate was adjusted from $16.438 to $17.401, with the change made retroactively effective April 11, 2013.

Kevin Stinnett and Harry Clarke were the key speakers on this agenda item. The council voted to approve the amendment, which addressed the wage rate discrepancy in the original resolution.

Authorization to execute an agreement awarding a Class B Stormwater Quality Projects Incentive Grant to J.M. Smucker, LLC

29:23

Council considered and approved a Class B Stormwater Quality Projects Incentive Grant to J.M. Smucker, LLC for infrastructure improvements. The grant authorization, identified as agenda item 0381-13, provided funding up to $350,000.

Kevin Stinnett and Harry Clarke presented this matter to Council. The grant was designed to support stormwater quality projects as part of an incentive program for qualifying applicants.

Council voted to approve the authorization to execute the agreement with J.M. Smucker, LLC for the stormwater quality infrastructure improvements under the Class B grant program.

Authorization to execute an agreement awarding a Class B Stormwater Quality Projects Incentive Grant to Habitat for Humanity, Inc.

Agenda Item: 0383-13

Council considered and approved a Class B Stormwater Quality Projects Incentive Grant to Habitat for Humanity, Inc., with funding up to $148,169 for infrastructure improvements. 29:23

Key Speakers: - Kevin Stinnett - Harry Clarke

Outcome: The council approved the authorization to execute the agreement.

Authorization to offer a short-term telecommunications ordinance

Council considered and approved a short-term telecommunications ordinance (Item 0387-13) to provide temporary authority while longer-term franchise agreements are negotiated. 29:23

Background

The action was necessary because existing telecommunications franchises are set to expire in June 2013. The short-term ordinance would allow the city to extend service authorization for up to one year while negotiations for permanent franchise agreements take place.

Key Speakers

Kevin Stinnett and Harry Clarke presented information on this matter.

Outcome

Council approved the authorization to offer the short-term telecommunications ordinance.

Authorization to add $1,380,023.54 in funding to purchase order for ATS Construction

29:23

Council considered a request to add $1,380,023.54 in funding to the purchase order for ATS Construction. The additional funding was needed to complete the FY13 paving schedule.

Kevin Stinnett and Harry Clarke were the key speakers on this agenda item.

The council approved the authorization to add the requested funding to the ATS Construction purchase order.