Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on June 18, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with the Mayor presiding. During the meeting, the Council took 11 votes and heard 21 public comments from residents on both agenda and non-agenda items. The Council addressed nine agenda items, including requested rezonings and docket approval, budget amendments, new and continuing business with presentations, council reports, and the Mayor's report. The majority of substantive items were approved, including the requested rezonings, budget amendments, new business, and continuing business matters, while public comment periods and council reports were conducted for informational purposes.

Attendance

Present: Linda Gorton, Julian Beard, Shevawn Akers, George Myers, Harry Clarke, Jennifer Scutchfield, Ed Lane, Diane Lawless, Chris Ford, Keith Reed, Roger Daman, John Ferris, Kevin Atkins, David Jarvis, Todd, Paul Schoeninger, Andi Johnson, Jamie Emmons, Jim Gray, Tyrone Tyra, Beth Mills, Derek Paulsen, Sally Hamilton, Geoff Reed, Ron Schweitzer, Gary Means, Bob Reed, and John Mundy.

Absent: Vice Mayor Gordon, Council Member Farmer, Council Member Stinnett, Council Member Ellinger, Council Member Kay, Council Member Gooding, Council Member Paulsen, Council Member Hamilton, Council Member Masati, Council Member Mazzotti, Council Member Clark, Council Member Henson, Council Member Dennett, Council Member Ford, Council Member Lane, Council Member Kaye, and Council Member Stennett.

Late: None recorded.

Votes and Decisions

The council passed eleven motions during this meeting, with one roll call vote and ten voice votes.

Euclid Avenue Marquee Zone Change 3:30 Council Member Ellinger moved to approve the docket with a public hearing for the Euclid Avenue marquee zone change, seconded by Council Member Akers. The motion passed by voice vote. A public hearing is scheduled for August 13, 2013 at 5 p.m.

Council Rule Suspension 12:50 Vice Mayor Gordon moved to suspend Council Rule 4.104 to allow a zone change hearing with 11 members instead of 13, seconded by Council Member Ellinger. The motion passed by voice vote.

Docket Approval 14:26 Council Member Ellinger moved to approve the docket, seconded by Council Member Farmer. The motion passed by voice vote.

Summary Approval 14:56 Council Member Ellinger moved to approve the summary, seconded by Council Member Myers. The motion passed by voice vote.

Budget Amendments 15:37 Council Member Beard moved to approve budget amendments, seconded by Council Member Farmer. The motion passed by voice vote. Council Member Stannett then moved to amend the budget amendment motion to remove Budget Journal 69959 through 69961, seconded by Council Member Farmer. This amendment passed by voice vote.

New Business 16:42 Vice Mayor Gordon moved to approve new business, seconded by Council Member Beard. The motion passed by voice vote.

Neighborhood Development Funds 38:19 Council Member Stinnett moved to approve Neighborhood Development Funds for 4 projects, seconded by Council Member Ellinger. The motion passed by voice vote.

Tax Increment Financing District for The Summit Project Council Member Beard moved to set a public hearing for establishing a tax increment financing district (TIF) for The Summit project, seconded by Council Member Kay. This motion passed by roll call vote with 11 ayes and 3 nays. Voting in favor were Linda Gorton, Julian Beard, Shevawn Akers, George Myers, Harry Clarke, Jennifer Scutchfield, Ed Lane, Diane Lawless, Chris Ford, Keith Reed, and Roger Daman. Voting against were Vice Mayor Gordon, Council Member Farmer, and Council Member Stinnett. The public hearing is set for July 9, 2013 at 6:00 p.m.

General Government Committee Summary 39:00 Council Member Clarke moved to approve the General Government Committee summary, seconded by Council Member Beard. The motion passed by voice vote.

Mayor's Report 1:16:57 Council Member Stennett moved to approve the mayor's report, seconded by Vice Mayor Gordon. The motion passed by voice vote.

Budget and Financial Actions

The meeting included authorization for the following financial actions and contractual agreements:

Service Contracts and Amendments

• Aramark Correctional Services (L0609-13): $135,360 for laundry service at the Division of Community Corrections
• URS Corporation (L0640-13): $349,599 for Engineering Services Agreement for a Traffic Signal Timing Project under the ITS/CMS Traffic Improvements Project
• Triton Services, Inc. (L0642-12): $5,695 for Change Order No. 2 to Agreement for HVAC and piping repair for the Phoenix Building
• Cassidian Communications and Lexington Fayette Urban County Airport Corporation (L0649-13): $28,231 for First Amendment to Purchase Agreement for the 800MHz Radio Project
• Smith Contractors, Inc. (L0653-13): $478,000 for Change Order No. 1 to Agreement for the Town Branch and West Hickman Wastewater Treatment Plant Electrical, SCADA, Blower/Aeration and Pump Station Improvements Project

Grant Agreements

• Fayette County Commonwealth Attorney, Kenton County Commonwealth Attorney, and Commonwealth Attorney for the 28th Judicial Circuit (L0610-13): $24,000 for performance of services under the 2011 Project Safe Neighborhood Grant for FY 2014
• U.S. Department of Justice (L0652-13): $229,909 authorization to submit and accept award if offered for the Edward Byrne Memorial Justice Assistance Grant-FY 2014

Performance Period Extensions

Three agreements with the Kentucky Transportation Cabinet and one with the Commonwealth of Kentucky Department for Local Government were extended through June 30, 2014: the Coolavin Rail Trail (L0624-13), Tates Creek Road Sidewalk Improvements Project (L0625-13), Town Branch Trail Phase III (L0636-13), and Old Frankfort Pike/Alexandria Drive Stone Fence Project (L0637-13).

Kentucky Business Investment Program Agreements

Four agreements were approved for participation in the Kentucky Business Investment (KBI) Program with Hummingbird Nano, Inc. (L0631-13), Tiffany and Company Jewelers, Inc. (L0632-13), Total Quality Logistics, LLC (L0633-13), and TeleHealth Holdings, LLC (L0634-13).

Public Comment

Council members raised concerns and requested updates on multiple agenda items during this meeting.

Zone Change Hearing and Project Timelines

Council Member Myers expressed frustration over delays in scheduling a zone change hearing and proposed adding four quarterly zone change hearings to the annual council calendar to prevent last-minute scheduling conflicts 10:37. Council Member Farmer requested a map of the trail project and voiced concern about repeated extensions to the Tates Creek Road sidewalk project timeline 16:42.

Tates Creek Road Sidewalk Project (Item D)

Multiple council members addressed this project. Council Member Reard questioned the feasibility of reducing the project cost from $3 million to the original $1.2 million estimate, citing high bids and inflation 27:00. Council Member Fauntmer expressed frustration over project delays and the public's growing impatience, emphasizing the need for action 28:08. Council Member Lawless noted that delays resulted from both government and objectors, highlighting the issue's complexity 31:19.

Vegetation and Right-of-Way Concerns (Item M)

Council Member Stennett raised privacy and safety concerns, asking how the proposed ordinance would affect street trees and private property vegetation growing into the right-of-way 19:23.

Traffic Signal Timing Project (Item K)

Council Member Masadi questioned why a Nevada corporation was hired instead of using in-house staff 32:27. Council Member Lawless emphasized the specialized nature of the work and the limited number of qualified firms 37:48.

Trail and Fence Projects (Items I and J)

Council Member Rakers inquired about timelines for the Town Branch Trail Phase III and the Old Frankfort Pike/Alexandria Drive Stone Fence Project 33:34.

Other Updates

Council Member Henson provided an update on the former Turfland Mall site redevelopment 43:28. Council Member Dennett requested a five-minute update on Phoenix Park improvements at the next work session 46:09.

Food Truck Pilot Program

Council Members Akers, Ford, Clark, Lawless, Lane, and Kaye discussed the food truck pilot program. Council Member Akers reported that the Parking Authority Board approved new zones and amended hours 47:17. Council Member Clark supported extending operating hours, arguing the original two-hour limit was not viable 55:18. Council Member Kaye suggested removing provisions allowing trucks to operate across from open businesses 1:14:10.

Fireworks Ordinance

Council Member Stennett requested a brief update from the fire department on the 4th of July fireworks ordinance and permit applications 56:26.

Contested Items

The June 18, 2013 meeting included three items that generated significant disagreement among council members.

Food Truck Pilot Program

Council members debated a revised ordinance governing food truck operations. The dispute centered on proposed extended operating hours. Some council members supported the extended hours, while others raised concerns about the legal foundation for the changes and questioned whether the revised framework would be practical to implement and enforce.

Tates Creek Road Sidewalk Project

Council members expressed considerable frustration regarding this infrastructure project, which had experienced repeated delays and cost overruns. The discussion focused on whether the revised project plans would actually achieve cost reductions. Members raised concerns about the project's trajectory and questioned whether the new approach would address the underlying budget problems that had plagued the initiative.

Zone Change Hearing Date

A procedural dispute arose over scheduling a zone change hearing. Council members debated whether to suspend Council Rule 4.104 to permit the hearing to proceed with fewer than 13 members present. Some council members questioned the precedent that suspending this rule would set, while others argued that flexibility was necessary to move the hearing forward.

Public Comment - Issues on Agenda

0:00

No public comments were made on issues on the agenda during this portion of the meeting. Council Member Mundy presided as the meeting proceeded to the next agenda item.

Requested Rezonings / Docket Approval

3:30

The council approved the docket for requested rezonings, with a public hearing scheduled for August 13, 2013, regarding a zone change for the Euclid Avenue marquee.

Council members participating in this agenda item included Council Member Ellinger, Vice Mayor Gordon, Council Member Myers, and Council Member Lawless.

As part of the approval process, the council voted to suspend Council Rule 4.104. This suspension allowed the public hearing to proceed with 11 council members present instead of the standard requirement of 13 members.

The docket was approved by the council.

Approval of Summary

The council considered the approval of the summary from the June 11, 2013, work session. 14:56

Council Member Ellinger and Council Member Myers participated in this agenda item.

The council approved the summary without dissent.

Budget Amendments

15:37

The council considered budget amendments during this agenda item. Council Member Beard and Council Member Stannett were the key speakers on this matter.

The amendments included the removal of Budget Journals 69959 through 69961 from the budget.

The motion to approve the budget amendments passed without dissent.

New Business

During the New Business section of the meeting, the council reviewed and approved a series of new items including grant agreements, contract amendments, and policy changes. 16:42

Key Participants

Council Members Farmer, Reard, Fauntmer, Lawless, Masadi, and Rakers participated in the discussion of these agenda items.

Discussion and Concerns

Council members raised several questions during their review of the new business items. Specific concerns focused on project timelines, associated costs, and implementation details for the various proposals under consideration.

Outcome

The council approved all new business items presented during this section of the meeting.

Continuing Business / Presentations

38:19

During this agenda item, the council addressed two main matters: approval of Neighborhood Development Funds and a General Government Committee report.

Neighborhood Development Funds Approval

The council approved Neighborhood Development Funds (NDF) for four projects. Council Members Ellinger, Myers, Clarke, and Kaye participated in the discussion and voting on these allocations.

General Government Committee Report

The General Government Committee presented a report covering two policy areas:

• Regional economic development initiatives
• Park donation policies

The council reviewed and discussed these items as part of the continuing business before the body.

Outcome

The council approved the Neighborhood Development Funds for the four projects under consideration.

Council Reports

Council members provided updates on several municipal initiatives during this informational segment of the meeting.

Turfland Mall TIF Council Member Henson and Council Member Dennett discussed the Turfland Mall Tax Increment Financing (TIF) district.

Phoenix Park Improvements Council Member Ford presented updates regarding improvements to Phoenix Park.

Food Truck Pilot Program Council Member Akers announced modifications to the food truck ordinance. The changes were made following approval from the Parking Authority. The updated ordinance reflects the Parking Authority's input on the pilot program.

Fireworks Ordinance Council members discussed updates to the fireworks ordinance, with Council Member Clark and Council Member Stennett providing input on this matter.

The council reports segment served as an informational update, allowing multiple council members to brief their colleagues on ongoing projects and policy developments across the city.

Mayor's Report

The Mayor's Report was presented as Agenda Item VIII during the meeting held on June 18, 2013. 1:16:57

The report was brought before the council by Council Member Stennett and Vice Mayor Gordon. No substantive discussion or debate occurred during the presentation of this item.

The council voted to approve the Mayor's Report without further discussion.

Public Comment - Issues Not on Agenda

1:17:46

No public comments were made on issues not on the agenda during this portion of the meeting. Council Member Mundy presided over this agenda item as the meeting proceeded toward adjournment.