Urban County Council Work Session
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Summary
Meeting Overview
The Urban County Council met on June 4, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. The council addressed 10 agenda items during the session, taking 17 votes and hearing 9 public comments from constituents. The meeting included two public comment periods—one for issues on the agenda and one for issues not on the agenda—as well as presentations during the Continuing Business section. Among the items approved were requested rezonings and docket approvals, budget amendments, new business items, and the mayor's report. The council also approved a summary of previous proceedings and received council reports before adjourning.
Attendance
Present: Mayor Jim Gray and 23 Council Members were in attendance:
- Council Member Clarke
- Council Member Farmer
- Council Member Gorton
- Council Member Kay
- Council Member Ellinger
- Council Member Stinnett
- Council Member Myers
- Council Member Henson
- Council Member Lane
- Council Member Beard
- Council Member Scutchfield
- Council Member Akers
- Council Member Lawless
- Council Member Moloney
- Council Member Martin
- Council Member Gooding
- Council Member Mills
- Council Member Hamilton
- Council Member Paulsen
- Council Member Graham
- Council Member Mossotti
- Council Member Massadi
- Council Member Ford
Absent: None
Late: None
Votes and Decisions
The council took the following votes during the June 4, 2013 meeting:
Voice Votes (Passed)
- Motion to approve the summary of the May 28th work session, moved by Council Member Clarke and seconded by Council Member Massadi 13:27
- Motion to approve the docket as amended, moved by Council Member Stinnett and seconded by Council Member Myers 12:56
- Motion to approve the draft of the Division of Water Quality Standard Operating Procedures (SOPs), moved by Council Member Stinnett and seconded by Council Member Farmer 8:00
- Motion to amend the motion to move an ordinance regarding Adult Day Care Centers back to the Planning and Public Works Committee to be heard at the next meeting, moved by Council Member Kay and seconded by Council Member Gorton 8:00
- Motion to extend presentation time for the ZOTA Work Group Final Report by 15 minutes, moved by Council Member Ellinger and seconded by Council Member Lane 8:00
- Motion to move the work product from the ZOTA Work Group to the Division of Planning for further review and recommendations, moved by Council Member Lane and seconded by Council Member Mossotti 8:00
- Motion to amend the motion to then send the document to the Planning Commission afterwards, moved by Council Member Lane and seconded by Council Member Mossotti 8:00
- Motion to approve budget amendments, moved by Council Member Lawless and seconded by Council Member Henson 40:11
- Motion to amend the list of budget amendments to add BA 5054 and BA 5055, moved by Council Member Kay and seconded by Council Member Henson 39:08
- Motion to approve the Neighborhood Development Funds (NDF) for June 4, 2013, moved by Council Member Gorton and seconded by Council Member Scutchfield 58:12
- Motion to approve new business items, moved by Council Member Farmer and seconded by Council Member Kay 57:40
- Motion to adjourn, moved by Council Member Stinnett and seconded by Council Member Myers 3:00:41
Roll Call Votes
- Motion to schedule the Kroger Zone Change hearing on July 2, 2013 at 7 p.m., moved by Council Member Farmer and seconded by Council Member Ellinger: Failed (3 ayes, 21 nays) 24:41
- Voted for: Council Members Farmer, Ellinger, Lawless
- Voted against: Council Members Kay, Henson, Lane, Beard, Scutchfield, Akers, Myers, Gorton, Moloney, Martin, Gooding, Mills, Hamilton, Paulsen, Graham, Mossotti, Massadi, Ford, Stinnett, Clark, Myers
- Motion to amend the motion to schedule the hearing on August 13, 2013 at 6 p.m., moved by Council Member Ellinger and seconded by Council Member Myers: Passed (13 ayes, 11 nays) 34:41
- Motion to amend the motion to schedule the hearing on August 13, 2013 at 5 p.m., moved by Council Member Lawless and seconded by Council Member Massadi: Passed (13 ayes, 11 nays) 35:17
- Motion to approve the Code for America Fellowship investment, moved by Council Member Ellinger and seconded by Council Member Myers: Passed (13 ayes, 11 nays) with the condition that the city must raise $180,000 in private funds by August 15, 2013; if not, the city will retain the $180,000 in its budget and not spend it 2:31:53
Budget and Financial Actions
The meeting authorized the following financial actions and agreements:
Equipment and Services Purchases
- Authorization L0534-13: Purchase of seven Heil multipack garbage packers from Central Indiana Truck Equipment for $1,478,729
- Authorization L0589-13: Acceptance of RFP response from Kraus Associates (AK Associates) for on-site and remote maintenance services for the 9-1-1 system for $247,000
Food and Community Services
- Authorization L0552-13: Agreement with Trinity Services I, LLC for food services for the offender population at the Division of Community Corrections for $1,648,420
- Authorization L0563-13: Clinical Services Agreement with the University of Kentucky for school nursing services for $5,000
- Authorization L0587-13: Amendment No. 3 to agreement with Bluegrass Area Development District for additional federal funds for operation of the Senior Citizens Center for $11,503
Facility and Infrastructure Maintenance
- Authorization L0566-13: Price Contract for Service Agreement with Burdine Security Group Inc. for repair, replacement, and maintenance of the electronic access control system for $101,138
- Authorization L0593-13: Agreement with Risk Management Services Co. of Lexington and Louisville, Kentucky for workers' compensation, general liability and automobile liability third party claims administration services for $214,700
- Authorization L0595-13: Contract Modification No. 1 with CDP Engineers, Inc. for design of Southland Drive Bike Lane Project for $15,669
Environmental and Program Management
- Authorization L0571-13: Renewal of Program Management Services Consent Decree Implementation and MS4 Permit Compliance Agreement with Tetra Tech, Inc. for $887,000
Housing and Development
- Authorization L0588-13: HOME Agreement with Davis Park View, LLLP for use of federal HOME Investment Partnerships Program funds for construction of rental housing project in the Newtown Pike Extension Area for $627,138
Amendments and Policy Changes
- Authorization L0590-13: Amendment to Section 6-53(b)(2) of the Code of Ordinances to increase the annual cost of living adjustment for City Employees' Pension Fund members from 3% to 5% effective July 1, 2013
- Authorization L0591-13: Amendment to agreement with Kentucky Transportation Cabinet for the Gainesway Trail Project, extending the performance period through June 30, 2014
- Authorization L0592-13: Amendment to agreement with Kentucky Transportation Cabinet for the Illuminated Street Sign Project, extending the performance period through June 30, 2014
Technology Projects
- Code for America Fellowship: Agreement with Code for America for the Neighborhood Information Management System (NIMS) project for $360,000
Public Comment
The meeting included remarks from community members and council members on several topics.
Code for America Fellowship Support
Three members of the local civic technology community spoke in favor of the Code for America Fellowship:
- Todd Willey, a technologist and non-native Lexingtonian, expressed strong support for the fellowship, describing it as positioning Lexington as a city of innovation and openness, and characterizing the investment as a "bargain" for long-term benefits. 2:38:16
- Ronald Southard, a founding member of Open Lexington and part of the Code for America brigade, praised the opportunity to advance civic technology in Lexington and urged the council to support the fellowship as a step toward greater transparency and innovation. 2:40:22
- Nick Such, a member of the local civic tech community, highlighted the economic development potential of the fellowship, noting that it signals Lexington's commitment to entrepreneurship and technology, which could attract startups and talent. 2:42:35
Council Member Reports
Council Member Kay shared her positive experience at the National Day of Civic Hacking, describing it as inspiring and affirming the growing civic tech community in Lexington, and encouraged the council to support innovation. 2:44:14
Council Member Farmer reported a traffic accident on Richmond Road and requested an update on the stalled Taste Creek Road sidewalk project, which had faced high bids due to time restrictions and was being rebid with revised hours. 2:45:18
Council Member Clark praised the state baseball tournament for its economic benefits to Lexington, highlighting its role in attracting visitors and supporting local businesses. 2:49:39
Council Member Myers presented a video highlighting the importance of the skate park in combating childhood obesity and fostering community, emphasizing its role as a positive outlet for youth. 2:50:44
Council Member Lawless shared a personal story about her grandson and a friend who designs skate parks, and advocated for a Kaboom grant to support a new skate park, linking it to public health and community well-being. 2:56:24
Council Member Scutchfield encouraged the council to attend the roller girls bout, describing it as a vibrant community event promoting fun and inclusivity. 2:59:40
Contested Items
Scheduling of Kroger Zone Change Hearing
The council was divided on determining the appropriate date and time for a Kroger zone change hearing. A key concern centered on the scheduling of late-night sessions and their impact on public attendance. Council members debated multiple amendments and conducted several roll calls before reaching a decision. The hearing was ultimately scheduled for August 13, 2013 at 5 p.m.
Code for America Fellowship Funding and Bonding
Council members engaged in a heated discussion regarding the financing and oversight of a $360,000 Code for America Fellowship project. The primary points of contention included:
- Whether the city should pay for the project in cash or bond the funds
- The appropriateness and necessity of private fundraising to support the initiative
- Long-term maintenance costs and financial sustainability
- Questions about accountability and transparency in project management
The discussion reflected broader concerns about how the city would manage its financial obligations and ensure proper oversight of the fellowship program's implementation and ongoing operations.
Public Comment – Issues on Agenda
No public comments were made on issues on the agenda during this portion of the meeting. Following confirmation from Mr. Mundy, the council proceeded to the next agenda item.
Requested Rezonings / Docket Approval
The council addressed requested rezonings and docket approval during this agenda item. Council Members Farmer, Ellinger, Kay, Lawless, and Stinnett participated in the discussion.
The council approved the docket as amended following a motion by Council Member Stinnett and a second by Council Member Myers.
A separate motion to schedule a Kroger zone change hearing was debated by the council. Rather than approving the motion at this time, the council voted to postpone the hearing to August 13, 2013.
Outcome: The docket was approved as amended. The Kroger zone change hearing was postponed to August 13, 2013.
Approval of Summary
The council approved the summary of the May 28th work session without dissent. Council Member Clarke moved for approval, and Council Member Massadi seconded the motion. The summary was subsequently approved. 13:27
Budget Amendments
The council approved a list of budget amendments during this agenda item. Two new amendments were introduced: BA 5054 and BA 5055, which were designed to address commissary goods and facility repair backlogs.
Council Members Kay, Henson, and Lawless participated in the discussion of these amendments.
The motion to approve the budget amendments passed by voice vote.
New Business
The council approved all new business items presented during this agenda item 45:07.
Items Approved
The following contracts and measures were approved:
- Garbage packer contracts
- Food services contracts
- 9-1-1 maintenance services
- Pension cost-of-living increase
- Code for America Fellowship
Key Participants
Council members participating in the discussion included Council Member Massadi, Council Member Stinnett, Council Member Henson, Council Member Kay, Council Member Ellinger, Council Member Lawless, and Council Member Beard.
Discussion and Outcome
The Code for America Fellowship received extensive discussion among council members before approval. All new business items were ultimately approved by the council.
Continuing Business / Presentations
The council heard two presentations during this agenda item.
VisionLex Pedestrian Wayfinding Project
The council received a presentation on the VisionLex Pedestrian Wayfinding Project. This presentation was supported by council members and community advocates. The project received favorable reception from the council.
Code for America Fellowship
The council also heard a presentation on the Code for America Fellowship. Following discussion, this item was approved by the council.
Key Speakers
The presentations were delivered and discussed by Pastor Ron Edmondson, Jamie Emmons, Derek Paulsen, Luke Norris, and Bob Softman.
Outcome
Both presentations were approved by the council.
Council Reports
During this informational segment, council members shared updates on various community matters and local activities 2:45:18.
Council Member Farmer, Council Member Myers, Council Member Lawless, Council Member Clark, and Council Member Scutchfield each provided reports covering multiple topics of interest to the community.
The reports included updates on:
- A traffic accident that had occurred in the area
- Progress on the Taste Creek Road sidewalk project
- The state baseball tournament
- Community events, including a roller girls bout
The council members used this time to inform their colleagues and the public about ongoing initiatives, completed projects, and upcoming community activities. No formal debate or action items emerged from these reports, as the segment was designed to provide informational updates rather than to address specific policy decisions or concerns requiring council action.
Mayor's Report
The Mayor's Report was presented as Agenda Item VIII during the meeting. 3:00:41
The report was approved without discussion. Council Member President moved for approval, and Council Member Henson seconded the motion. The item passed without further deliberation or questions from the council.
Public Comment – Issues Not on Agenda
During this agenda item, several council members spoke on public issues not listed on the meeting agenda.
Key Speakers and Topics
Council Member Kay, Council Member Myers, Council Member Lawless, Council Member Clark, and Council Member Scutchfield each used their time to address matters of public interest.
The comments covered three main topics:
- Support for civic tech initiatives
- The skate park
- The state baseball tournament
Outcome
This segment was informational in nature, with no formal action taken. The council members' remarks were recorded for the public record.
Adjournment
The meeting was adjourned at approximately 3:00:41 following a motion by Council Member Stinnett and a second by Council Member Myers. The adjournment motion passed with no opposition.
Decisions
- Motion — passed (0-0): approve the docket
- Motion — passed (0-0): substitute Lake Edge Condiminium Association, Inc. for Dellavelle Management, Inc. as a recipient of funding
- Motion — passed (0-0): place on the docket for the June 6, 2013 Council Meeting, a resolution authorizing and approving the purchase of the following insurances: excess aviation liability from Old Republic Insurance Company ($4,581.00), excess liability (general, automobile and public official's) from Munich Re ($561,396.00), excess property insurance from Alliant/PEPIP ($317,403.78), excess workers' compensation from New York Marine and General Insurance Company ($326,989.00), and self-insured auto no-fault bond from International Fidelity Insurance Company ($2,500.00) at a total cost not to exceed $1,212,869.78, and authorizing the Mayor to execute all necessary documents to accomplish same
- Motion — passed (0-0): place on the docket for the June 6, 2013 Council Meeting under first reading of resolutions, a resolution to purchase a cooling unit from Climate Condition Company, a sole source provider
- Motion — passed (0-0): place on the docket for the June 6, 2013 council meeting, a resolution expressing the Urban County Government's opposition to the rate increase requested by Kentucky-American Water Company in the Public Service Commission Rate Case No. 2012- 00520 and directing the Clerk to notify the Public Service Commission
- Motion — passed (0-0): approve the summary
- Motion — failed (0-0): set a zone change hearing for the Kroger zone change hearing for July 2, 2013 @ 7:00pm (after regular council meeting)
- Motion — passed (0-0): set a zone change hearing Tuesday, August 13, 2013 @ 6:00pm for Kroger zone change hearing, as amended (5:00pm)
- Motion — failed (0-0): amend the Kroger zone change hearing to July 8, 2013 @ 5:00pm
- Motion — passed (0-0): amend the start time on the Kroger zone change hearing to 5:00pm on Aug. 13, 2013
- Motion — passed (0-0): set a zone change hearing Tuesday, August 13, 2013 @ 6:00pm for Kroger zone change hearing, as amended (5:00pm)
- Motion — passed (0-0): approve budget amendments
- Motion — passed (0-0): amend the list of budget amendments on pages 7-9 of the June 4, 2013 Work Session packet to add two budget amendments: - BA 5054 provides $224,000 for needed commissary goods/supplies for Community Corrections offset by previously budgeted revenues for commissary sales within the Prisoner Account Fund. - BA 5055 provides $30,000 for overtime for Facilities and Fleet Services by decreasing their repair budget within the General Fund. These funds will help work through the backlog of pending repair requests that have not been completed due to vacancies. It is necessary to walk these budget amendments to get two readings during Fiscal Year 2013
- Motion — passed (0-0): approve new business
- Motion — passed (0-0): approve Neighborhood Development Funds
- Motion — passed (0-0): extend presentation time by 5 minutes
- Motion — passed (0-0): approve Mayor's Report
- Motion — passed (0-0): adjourn