Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on May 28, 2013, at 3:00 p.m. in the Council Chamber, 2nd Floor Government Center in Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed eight agenda items during the session, including public comment periods, rezoning requests, budget amendments, and various business matters. The council took 25 motions and votes and heard 11 public comments from members of the community. Key outcomes included approval of a summary and new business items, while continuing business and presentations were deferred to a future meeting.

Attendance

The following individuals were present at the meeting on May 28, 2013:

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

No absences or late arrivals were recorded.

Votes and Decisions

All motions brought before the meeting passed unanimously with 15 votes in favor and no votes against or abstentions.

Summary Approval 7:36 Motion 0574-13 to approve the Summary for May 21, 2013 passed unanimously. Harry Clarke moved and Bill Farmer Jr. seconded.

Committee Summaries and Reports [timestamp: 00:20:35 - 00:24:48] Motion 0583-13 to approve Neighborhood Development Funds for May 30, 2013 passed unanimously, moved by Linda Gorton and seconded by Jennifer Scutchfield. Motion 0578-13 to approve the Planning and Public Works Committee Summary passed unanimously, moved by Bill Farmer Jr. and seconded by Julian Beard. Motion 0597-13 to approve the Environmental Quality Committee Summary and Draft SOP passed unanimously, moved by Kevin Stinnett and seconded by Bill Farmer Jr. Motion 0586-13 to approve the Recreational ZOTA Work Group Final Report passed unanimously, moved by Kevin Stinnett and seconded by Bill Farmer Jr.

Zoning and Planning 24:48 Motion 0598-13 to refer the Zoning Ordinance Text Amendment (B1) to the Planning and Public Works Committee passed unanimously, moved by Steve Kay and seconded by Linda Gorton, with return scheduled by 6/11/2013.

Grants and Authorizations 35:15 Multiple motions regarding grants and authorizations passed unanimously, all moved by Chuck Ellinger and seconded by Linda Gorton. These included: Motion 0532-13 for the Juvenile Accountability Block Grant Program; Motion 0533-13 for bulletproof vests for Fayette County Sheriff; Motion 0535-13 for the Police Training Incentive Grant; Motion 0536-13 for firefighter training incentive; Motion 0547-13 for the Child Care Food Program; Motion 0555-13 for the Workforce Investment Act Youth Services project; and Motion 0560-13 for the ITS/CMS Traffic Improvements Project.

Property and Facility Agreements 35:15 Motions 0540-13, 0542-13, and 0543-13 authorizing lease agreements with Metro Employees Credit Union and Employment Solutions, Inc. passed unanimously. Motion 0541-13 to execute an agreement with Vision Internet for website upgrades passed unanimously.

Additional Authorizations 35:15 Motion 0545-13 to declare Whitney Avenue parcels as surplus passed unanimously. Motion 0548-13 to reduce the speed limit on Montavesta Road from 35 mph to 25 mph passed unanimously. Motion 0551-13 to execute Amendment No. 3 with HDR/Quest Engineers for Citation Boulevard Phase II design passed unanimously. Motion 0564-13 to execute Change Order No. 1 with Todd Johnson Construction Co. passed unanimously.

Procedural Motions Motion to extend meeting time by 15 minutes passed unanimously 1:11:33. Motion to move Recreational ZOTA work product to Planning Division for review passed unanimously 2:08:48, moved by Ed Lane and seconded by Chris Massadi. Motion to adjourn passed unanimously 2:14:12, moved by Kevin Stinnett and seconded by George Myers.

Budget and Financial Actions

The meeting approved the following financial actions and contracts:

Lease Agreements

• Metro Employees Credit Union lease for space at Versailles Road Campus: $18,977.16 (0540-13)
• Metro Employees Credit Union lease for space in Phoenix Building: $5,650.97 (0542-13)
• Employment Solutions, Inc. lease for Division of Police East Sector Roll Call facility: $33,744 (0543-13)

Technology and Infrastructure Contracts

• Vision Internet VisionCMS Upgrade to LFUCG Website: $26,100 (0541-13)

Construction and Design Amendments

• Todd Johnson Construction Co. Change Order No. 1 for Meadows/Northland/Arlington Public Improvements Project, Phase 5A: $9,659.41 (0564-13)
• HDR/Quest Engineers Amendment No. 3 for Citation Boulevard Phase II design: $114,500 (0551-13)

Grant Funding

• Kentucky Department of Juvenile Justice Juvenile Accountability Block Grant Program for FY 2014: $16,183 (0532-13)
• Kentucky Justice and Public Safety Cabinet Police Training Incentive Grant for FY 2014: $2,246,560 (0535-13)
• Commission on Fire Protection, Personnel, Standards, and Education Firefighter Training Incentive Grant: $2,270,840 (0536-13)
• Kentucky Transportation Cabinet ITS/CMS Traffic Improvements Project for FY 2014: $460,000 (0560-13)

Public Comment

The meeting included public comment on several topics, with speakers addressing zoning definitions, infrastructure management, and natural area access.

Adult Daycare Center Zoning Definition

David Christensen 0:00 expressed concern that the proposed definition of adult daycare center is overly broad and would negatively impact legitimate nonprofit and proprietary programs serving adults with developmental disabilities, including his organization, Employment Solutions.

Jenny Ramsey 3:55 voiced concern that the proposed zoning ordinance definition and amendment (ZODA) targets vulnerable populations and creates a climate of hostility, advocating for more collaborative and compassionate approaches to community issues.

Infrastructure Project Management

Kevin Stinnett 8:08 questioned the frequency of change orders in projects, suggesting a need for improved project planning and process review.

Bill Farmer Jr. 17:13 supported reducing the speed limit on Montavesta Road from 35 mph to 25 mph, citing its residential character and safety concerns.

Ed Lane 18:53 raised concerns about long-term cost creep in infrastructure projects, emphasizing the need for better project management and accountability.

Natural Area Access and Land Use

Burgess Carey 1:51:01, a small farmer, emphasized the need to preserve green space and support sustainable land use, urging the council to provide tools for farmers to manage their land productively.

John Park 1:57:02, a local attorney, argued that natural areas should not be locked away and that responsible recreation can support conservation and public access.

Chelsea Perrin 1:58:08, a recent UK graduate, advocated for opening natural areas to the public through responsible recreation, arguing that access fosters preservation.

Sarah Steele 2:01:19, a zipline guide, explained that canopy tours educate the public about local ecology and promote conservation, and should be allowed in natural areas.

Callie Ricketts 2:03:39, a local resident, shared her support for the canopy tour as a way to connect people with their environment after discovering nearby natural areas.

Van Meter Pettit 2:05:13 supported preserving rural lands but urged the council to reconsider overly restrictive recreation rules, noting the need for outdoor activities for families.

Contested Items

The May 28, 2013 meeting included three significant areas of disagreement among council members:

Adult Daycare ZODA

The proposed Adult Daycare ZODA (Zoning Overlay District Amendment) generated substantial opposition. Council members expressed concerns that the definitions within the proposal were overly broad and could produce unintended consequences for nonprofit services. There was particular worry about the impact on vulnerable populations who depend on these services. Rather than voting the proposal up or down, the council amended the motion to return the ZODA to committee for additional work and refinement before bringing it back for consideration.

Recreational ZOTA Work Group Report

The Recreational ZOTA (Zoning Overlay Text Amendment) Work Group Report prompted heated discussion among council members. The core disagreement centered on balancing two competing interests: preserving rural land versus allowing recreational use and access. Several speakers advocated for public access and economic development opportunities, arguing these benefits should not be unnecessarily restricted. Conversely, other council members warned against over-regulation that could undermine the protections rural areas require. The discussion reflected fundamental differences in how members prioritized land conservation against economic and recreational considerations.

Change Orders and Project Costs

Council members raised procedural concerns about recurring change orders and cost overruns on projects. The discussion focused on systemic issues rather than a single project, with members questioning whether adequate project management and planning processes were in place. Council members sought to understand why change orders were becoming a recurring issue and discussed ways to improve planning and cost control procedures to prevent future overruns.

Public Comment - Issues on Agenda

0:00

Two residents provided public comment on agenda items during this portion of the meeting.

Speakers and Concerns

David Christensen and Jenny Ramsey both spoke in opposition to the proposed Adult Daycare ZODA (Zoning Ordinance Development Amendment).

Their primary concerns centered on:

• Overly broad definitions within the proposed amendment
• Negative impacts on vulnerable populations

Outcome

This agenda item was informational in nature, with no formal action taken during the public comment period.

Requested Rezonings / Docket Approval

7:04

No rezoning requests were presented for approval during this session.

Approval of Summary

The council considered approval of the summary from the May 21, 2013 meeting. 7:36

Key speakers on this item included Harry Clarke and Bill Farmer Jr.

The summary was approved unanimously by the council.

Budget Amendments

No budget amendments were presented for discussion or approval during this session 7:36.

New Business

20:35

The council addressed several new business items during this portion of the meeting. Key speakers Chuck Ellinger and Linda Gorton presented and discussed the matters under consideration.

The council approved a series of new business items by unanimous vote. These included federal grant applications, lease agreements, and infrastructure projects.

All items presented were approved without opposition.

Continuing Business / Presentations

21:09

The council received reports from three committees during this agenda item.

Committee Reports

The Environmental Quality Committee, Planning and Public Works Committee, and the Recreational ZOTA Work Group each presented reports to the council.

Key Speakers

The presentations were delivered by Kevin Stinnett, Bill Farmer Jr., and Don Robinson.

Outcome

The ZOTA report was referred back to the Planning Committee for further work, indicating that additional review and development of the proposal is needed before final council action.

Council Reports

2:10:25

Council members provided updates on various community and municipal matters during this informational segment.

Topics Discussed:

• An upcoming roller derby bout
• A community meeting
• A resolution opposing a water rate increase

Key Speakers:

The following council members contributed to the reports:

• Shevawn Akers
• Linda Gorton
• Bill Farmer Jr.
• Diane Lawless

Outcome:

This agenda item was informational in nature, with council members sharing updates rather than taking formal action on the matters presented.

Public Comment - Issues Not on Agenda

2:14:12

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