Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on May 21, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Vice Mayor Gorton presiding. During the meeting, the Council addressed 10 agenda items and took 31 votes. The Council heard 5 public comments, including remarks on both issues appearing on the agenda and matters not listed for consideration.

The meeting included approval of several substantive matters. The Council approved requested rezonings and docket items, budget amendments, new business items, continuing business and presentations, and council reports. The Mayor's Report was also presented and approved. In addition to these actions, the Council conducted informational public comment sessions at the beginning and end of the meeting to allow community members to address the body on various topics.

Attendance

Present: Vice Mayor Gorton, Chuck Ellinger, Steve Kay, Shevawn Akers, Diane Lawless, Julian Beard, Bill Farmer, Kevin Stinnett, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson, and Ed Lane.

Absent: Chris Ford.

Votes and Decisions

The meeting included 32 motions, the majority of which passed by voice vote. One motion was decided by roll call vote.

Roll Call Vote

L0516-13 – Motion to amend the mobile food unit vendor pilot program to remove Elm Tree Lane from the designated zones 58:07. This motion passed 10-5.

Voting in favor: Vice Mayor Gorton, Chuck Ellinger, Steve Kay, Shevawn Akers, Diane Lawless, Julian Beard, Bill Farmer, Kevin Stinnett, Jennifer Scutchfield, and George Myers.

Voting against: Harry Clarke, Peggy Henson, Ed Lane, Jennifer Mossotti, and Charlie Martin.

Voice Votes (Passed)

The following items passed by voice vote:

• L0486-13: Authorization to amend the 1957 agreement with CSX Railroad to allow relocation of a sanitary sewer trunk line onto the Eastern State Hospital/BCTC Campus on Newtown Pike
• L0487-13: Authorization to execute an agreement with the United States Geological Survey for continued operation and maintenance of stream flow and rain gauges
• L0488-13: Authorization to amend Section 21-5 of the Code of Ordinances transferring one Network Security Engineer position from the Division of Computer Services to the Division of Enterprise Solutions
• L0493-13: Authorization to execute agreements with MailFinance Inc., Central Business System, and Neopost USA Inc. for lease and maintenance of mailroom equipment and postage meter
• L0496-13: Authorization to execute a Letter of Agreement with Dean Dorton Allen Ford, PLLC to compile the financial statement of the Fayette County Sheriff's Settlement – 2012 Taxes
• L0498-13: Authorization to execute a Letter of Agreement with Dean Dorton Allen Ford, PLLC to conduct the audit for the LFUCG Stormwater Fund
• L0511-13: Authorization to execute a Letter of Agreement with Dean Dorton Allen Ford, PLLC to conduct a financial audit of all LFUCG funds for fiscal year 2013
• L0512-13: Authorization to increase franchise fees to 4% for five impacted franchisees effective July 1, 2013 1:31:45
• L0514-13: Authorization to execute franchise agreements with all responsive bidders to the short-term Telecommunications Franchise Ordinance (No. 50-2013)
• L0516-13: Authorization to convert Lewis Street to one-way and facilitate additional parking for the Charles Young Center
• L0520-13: Authorization to accept a donation of a military surplus ARFF vehicle via Government Surplus through the Kentucky Fire Commission
• L0522-13: Authorization to create Article XIII, Sections 301–307 of Chapter 16 and amend Section 5-30 of the Code of Ordinances for the sanitary sewer system Capacity Assurance Program (CAP)
• L0526-13: Authorization to submit application and execute Memorandum of Agreement with Kentucky Department for Local Government under the Energy Efficiency and Conservation for Local Governments Program
• L0527-13: Authorization to rescind Resolution 154-2011 authorizing a change order to Gershman, Brickner & Bratton, Inc. for the RouteWare Program
• L0531-13: Authorization to execute a Memorandum of Understanding with Fayette County Public Schools for bus transportation services for the Family Care Center's enrolled students
• L0537-13: Authorization to execute Change Order #1 with Triton Services, Inc. for HVAC and Piping Repair for the Phoenix Building Contract #145-2013
• L0538-13: Authorization to execute a Memorandum of Agreement (MOU) with The Lexington Library and Harmony HB, LLC for maintenance improvements to Phoenix Park
• L0539-13: Authorization to enter into a Memorandum of Agreement (MOA) with Metro Employees Credit Union (MECU) to define the relationship of LFUCG with MECU

Additional voice votes passed to amend the mobile food unit vendor pilot program to include Corral Street from MLK to Spruce 1:02:43, approve the docket for the May 23, 2013 Council meeting 1:32:46, approve the summary of the work session 1:33:19, approve budget amendments 1:33:52, approve new business items 1:38:25, approve Neighborhood Development Funds 1:56:09, approve the Public Safety Committee summary 1:56:43, approve the General Government Committee summary 2:04:07, approve the Mayor's report 2:16:15, go into closed session for employee appointment discussions 2:16:46, and adjourn 2:47:37.

Budget and Financial Actions

The meeting approved multiple contracts, appropriations, and grants totaling over $1 million in financial actions.

Audit and Financial Services Contracts

Dean Dorton Allen Ford, PLLC received three contracts: - $149,000 (L0511-13) for the financial audit of all LFUCG funds for fiscal year 2013 - $12,000 (L0498-13) for the audit of the LFUCG Stormwater Fund - $12,000 (L0496-13) for compiling the financial statement of the Fayette County Sheriff's Settlement for 2012 Taxes

The United States Geological Survey received $108,480 (L0487-13) for the continued operation and maintenance of stream flow and rain gauges.

Equipment and Vehicle Appropriations

Three appropriations were approved for vehicle and equipment purchases: - $30,000 (JOURNAL 69042-43) for the purchase of a Police interceptor and vehicle equipment package - $310,000 (JOURNAL 69044-45) for the purchase of refuse trucks - $250,000 (JOURNAL 69207) for the replacement of Engine 8

Grant Funding

The Kentucky Fire Commission received $165,000 (L0520-13) for the purchase of a new ARFF vehicle.

Neighborhood Development Funds supported 23 community projects totaling $27,570, including: - $3,325 to Lexington Blazin' Cats Track and Field Club for track rental assistance - $3,000 to East Cooper Neighborhood Association for public art installation - $2,500 to Idle Hour Neighbors Alliance for the Idle Hour Park Community Garden - $1,500 each to Downtown Lexington Corporation for pedestrian wayfinding boxes, Transylvania Park Neighborhood Association for stone column refurbishment, Mentelle Neighborhood Association for tree work, Victory Christian Church for signage, and Parks and Recreation for Kenwick Community Center improvements - $1,250 to The Headley-Whitney Museum for the "Aegean Echoes" exhibition - $1,175 each to Broke Spoke for Legacy Trail Phase III signage and beautification and African American Forum, Inc. for the 6th Annual Lexus Smooth Jazz Festival - Additional smaller grants ranging from $50 to $1,000 for various neighborhood and community programs

Public Comment

Council members shared remarks about recent community events and upcoming neighborhood meetings.

Fire Department Field Day

Council Member Farmer 2:07:23 expressed gratitude for the opportunity to attend the Fire Department Field Day, praising the high morale and dedication of the firefighters and EMS personnel.

Council Member Clark 2:10:50 thanked Chief Jackson for the opportunity to participate in the fire training, noting the high morale and professionalism of the department.

Council Member Henson 2:14:05 echoed appreciation for the fire department training and highlighted the strong leadership and team spirit within the department.

Peace Walk

Council Member Akers 2:15:11 shared her experience attending the Peace Walk on Georgetown Street and praised the community turnout and collaboration with First African Baptist Church and local officials.

Community Meeting Announcement

Council Member Lawless 2:09:42 announced a neighborhood meeting for the South Elizabeth Street, North Elizabeth Street, and Seven Parks areas to discuss local issues and solutions.

Contested Items

Mobile Food Unit Vendor Pilot Program

The proposal to designate zones for mobile food units generated heated discussion among council members. The debate centered on multiple concerns including parking availability, potential impact on existing businesses, and enforcement challenges. Council members grappled with finding an appropriate balance between supporting innovation in food vending and protecting community interests. During deliberations, multiple amendments were proposed and discussed, including the removal of Elm Tree Lane from the designated zones and the addition of Corral Street. These proposed changes reflected differing views on which areas should be included in the pilot program.

Franchise Fee Increase

A motion to increase franchise fees from 3% to 4% for five utilities resulted in a split vote among council members. The measure passed with a 10-5 vote, revealing division on the council regarding the economic impact and fairness of the proposed increase. The close vote indicated that a significant minority of council members had concerns about raising these fees, whether related to costs to consumers, impacts on utility operations, or other considerations.

Public Comment – Issues on Agenda

0:00

No public comments were made on issues on the agenda during this portion of the meeting. The meeting proceeded directly to the next agenda item.

Requested Rezonings / Docket Approval

2:03

The council approved the docket for the May 23, 2013 Council meeting, which included multiple zoning changes and pilot program proposals.

Key Actions

A motion to amend the mobile food unit vendor pilot program was passed. This amendment removed Elm Tree Lane from the pilot program area. Additionally, a new zone was added on Corral Street as part of the rezoning requests.

Speakers

Council members Akers, Kaye, Ford, Stinnett, and Henson participated in the discussion of this agenda item.

Outcome

The docket was approved, allowing the proposed zoning changes and pilot program modifications to move forward to the May 23, 2013 Council meeting.

Approval of Summary

The body approved the summary of the work session without dissent. 1:33:19

During the approval process, a correction was made to the record. The summary was amended to reflect that Mayor Gray, rather than Vice Mayor Gorton, served as the presiding officer.

Key speakers on this matter included Gorton and Farmer.

The item was approved as corrected.

Budget Amendments

The council addressed budget amendments related to inter-fund billing for Greater Cincinnati Water Works fees 1:33:52. Key speakers on this item included Farmer and O'Meara.

The amendments were designed to correct inter-fund billing procedures for Greater Cincinnati Water Works fees, reversing previous amendments that had been made on this matter. The council approved the series of budget amendments without dissent, indicating unanimous support for the corrections.

New Business

1:38:25

The council addressed new business items during this portion of the meeting. Key speakers on this agenda item included Gorton, Stinnett, Akers, and Farmer.

The new business items brought before the council encompassed several municipal matters:

• Authorizations for franchise fee increases
• Sewer system modifications
• Various contracts

A motion to approve the new business items was presented to the council. The motion passed without dissent, indicating unanimous or near-unanimous support for the proposed items.

Outcome: The new business items were approved.

Continuing Business / Presentations

1:56:09

The council addressed the Neighborhood Development Funds (NDF) allocation during this agenda item. Speakers Stinnett and Akers presented information regarding grants designated for various community organizations.

The NDF allocation encompassed funding for multiple projects, including park improvements and cultural events across the community. The council considered the distribution of these grants to support neighborhood-based initiatives.

The motion to approve the Neighborhood Development Funds allocation passed without dissent, indicating unanimous support from the council members present.

Council Reports

1:56:43

The Council received reports from two committees during this agenda item.

Public Safety Committee

Henson presented on behalf of the Public Safety Committee, which discussed code enforcement reforms and fleet policy changes. Specific details of the code enforcement reforms and fleet policy modifications were addressed during this portion of the report.

General Government Committee

Kaye presented the General Government Committee report, which covered two main items:

• Metro Employees Credit Union Memorandum of Agreement (MOA)
• Vehicle use policy

Outcome

The Council Reports agenda item was approved.

Mayor's Report

The Mayor's Report was presented during the meeting and approved without dissent 2:16:15. Key speakers on this agenda item included Gorton and Stinnett.

The report covered recent accomplishments and initiatives. No specific concerns were raised during the presentation, and the item proceeded to approval without opposition from the council.

Public Comment – Issues Not on Agenda

2:16:15

No public comments were made on issues not on the agenda during this portion of the meeting. The meeting proceeded directly to the next agenda item.

Adjournment

2:47:37

The council adjourned the meeting following a motion to adjourn that was passed without dissent. Stinnett and Gorton were the key speakers involved in this closing action. The motion was approved, bringing the meeting to a conclusion.