Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on July 9, 2013, at 6:00 p.m. in the Council Chambers located at 200 E. Main Street, Lexington, Kentucky 40507, with Mayor Jim Gray presiding. The council considered 77 agenda items during the meeting, taking 56 votes and hearing 5 public comments. The session included standard procedural items such as Roll Call and Invocation, as well as a Public Hearing. The council approved the majority of measures brought before it, including 8 ordinances and 48 resolutions. One ordinance, Ordinance 0668-13, was tabled, while two ordinances—Ordinance 0752-13 and Ordinance 0802-13—received first readings. Additionally, Resolution 0766-13 received a first reading. The remaining ordinances approved were Ordinance 0712-13, 0713-13, 0714-13, 0715-13, 0784-13, 0753-13, 0740-13, 0767-13, 0768-13, and 0775-13.

Attendance

Present: Ford, Henson, Kay, Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, and Farmer.

Absent: Gorton.

Late: None.

Votes and Decisions

The council conducted roll call votes on 57 motions and resolutions during this meeting. All votes passed except one motion to table.

Ordinances

Ordinance 0668-13, a motion to remove the sidewalk closure ordinance from the docket and refer it to the Planning and Public Works Committee, passed 14-0 2:07. Ford moved and Lane seconded.

Ordinance 0712-13, approving salary increases and position changes for civil service employees, passed 14-0 18:56. Ellinger moved and Myers seconded.

Ordinances 0713-13, 0714-13, and 0715-13, addressing position changes and funding in the Division of Waste Management, new positions across multiple departments, and the Division of Traffic Engineering respectively, all passed 14-0 18:56. Ellinger moved and Myers seconded each.

Ordinances 0784-13 and 0753-13, both approving budget re-appropriations for Fiscal Year 2013, passed 14-0 18:56. Ellinger moved and Myers seconded.

Ordinance 0740-13, approving extension of a temporary administrative officer position, passed 14-0 24:21. Myers moved and Stinnett seconded.

Ordinances 0767-13, 0768-13, and 0775-13, addressing treatment plant operator apprentice positions, penalties for unpaid bills after 17 days, and new alcoholic beverage licenses, all passed 14-0 24:21. Myers moved and Stinnett seconded each.

Resolutions

Most resolutions passed with 13-1 votes, with Stinnett voting against. These included bids for various projects, purchase of service agreements, grant applications, and authorizations to execute agreements with multiple organizations 38:08.

Resolution 0678-13, a lease with Glenncase, LLC for temporary salt storage, passed 12-3 1:07:41. Ford, Stinnett, and Clarke voted against. Lawless moved and Myers seconded.

Resolutions 0773-13, 0800-13, 0795-13, and 0796-13 passed unanimously 14-0 1:26:08, addressing the Tates Creek Sidewalk Improvements Project bid, HVAC remediation, conditional offers for probationary appointments, and ratification of civil service appointments.

A motion by Stinnett to table Resolution 0678-13 failed 1:07:41. Ford seconded the motion to table.

Budget and Financial Actions

The meeting approved multiple contracts, grants, and amendments totaling several million dollars across infrastructure, public safety, and operational projects.

Infrastructure and Construction Contracts

The body approved bids for several major infrastructure projects:

• Ecton Park Sanitary Sewer Improvements Project: $689,507.50 to Free Contracting, Inc. (Resolution 0748-13)
• Meadows Northland Arlington Neighborhood Improvement Project: $737,798.75 to Bluegrass Contracting Corp. (Resolution 0706-13)
• Idle Hour North Stormwater Improvements: $522,665 to DMH Construction, Inc. (Resolution 0754-13)
• Tates Creek Sidewalk Improvements Project: $1,671,416.30 to Bluegrass Contracting Corp. (Resolution 0773-13)

Equipment and Facility Contracts

Additional contracts were approved for specialized services and equipment:

• Machinex Technologies, Inc. contract for modified line layout: $1,111,642.86 (Resolution 0751-13)
• HVAC remediation for computer server room: $73,760 to Triton Services, Inc. (Resolution 0800-13)
• Temporary salt storage lease with Glenncase, LLC: $18,000 (Resolution 0678-13)

Service Agreements

A comprehensive purchase of service agreements totaling $1,113,250 was approved with multiple organizations including Commerce Lexington, Downtown Lexington Corp., Kentucky World Trade Center, Lexington Kentucky Chapter of SCORE, Lyric Theatre and Cultural Arts Center, Inc., Bluegrass Area Development District, Lexington Downtown Development Authority, Inc., and others (Resolution 0718-13).

Grant Applications

The meeting approved applications for four grants totaling $1,669,638:

• State Homeland Security Grant Program: $1,381,005 from Kentucky Office of Homeland Security (Resolution 0679-13)
• Metropolitan Medical Response System: $150,000 from Kentucky Office of Homeland Security (Resolution 0658-13)
• Motor Carrier Safety Assistance Program: $75,000 from Kentucky State Police, Commercial Vehicle Enforcement Division (Resolution 0701-13)
• Micro-robot purchase grant: $13,633 from Kentucky Office of Homeland Security (Resolution 0702-13)
• Archery range enhancement: $50,000 from Kentucky Department of Fish and Wildlife Resources (Resolution 048)

Change Orders and Amendments

Five change orders were approved for existing projects, including amendments to contracts with Churchill McGee, LLC ($3,655.85), Hilton Lexington/Downtown ($8,701), Kalkruth Roofing and Sheet Metal ($2,800.43), Triton Services, Inc. ($2,075), GRW Engineers, Inc. ($5,200), and Central Indiana Truck Equipment ($4,416).

Public Comment

Five speakers addressed the Council during the public comment period on July 9, 2013.

Sidewalk Closure on Elm Tree Lane

Lorella Lederer, a long-time resident, spoke in support of closing the sidewalk on Elm Tree Lane 4:48. She cited safety concerns related to drug activity and insufficient lighting in the area. Lederer presented a petition signed by 16 neighbors supporting the proposed closure.

Martin Mudd opposed the sidewalk closure 1:46:17. A pedestrian and cyclist, Mudd argued that sidewalks should be repaired and expanded rather than closed. He also questioned the assumption that conversations near cars constitute drug deals.

Christian Torp, a resident living directly across from the proposed closure area, also opposed the measure 1:47:27. Torp stated that residents in his neighborhood had not been informed about the proposal and expressed concern that closing the access would negatively impact elderly residents with limited mobility.

Area Development District Transparency and Reform

Charles Payne spoke in support of the Council's reform efforts regarding the Bluegrass Area Development District 1:43:42. He praised the Council's work and called for sustained public response to ensure continued accountability.

David Vinson commended the Council for transparency in its operations 1:45:16. He expressed concern about the lack of transparency in the Area Development District's operations.

Appointments

The following individuals were appointed to positions within various city divisions:

• Mike Osumenya was appointed to the Division of Human Resources
• Ada Jennings was appointed to the Division of Revenue
• Clifford Fredrick was appointed to the Division of Community Corrections
• Scott Tyree was appointed to the Division of Streets and Roads
• Kelly Hunter was appointed to the Division of Planning
• Meredith Nelson was appointed to the Council Clerk's Office
• Ethan Simpson was appointed to the Division of Computer Services
• Christopher Whited was appointed to the Division of Fire and Emergency Services
• Gary Harris was appointed to the Division of Fire and Emergency Services
• Glenn Work was appointed to the Division of Fire and Emergency Services
• Paul Welch was appointed to the Division of Fire and Emergency Services
• Chadwick Bacon was appointed to the Division of Police

Contested Items

Lease with Glenncase, LLC for Temporary Salt Storage

Council Member Stinnett opposed a proposed lease agreement with Glenncase, LLC for temporary salt storage. The opposition was rooted in neighborhood concerns regarding safety and environmental impact. Stinnett cited potential code enforcement issues and the risk of runoff flowing into Town Branch Creek as reasons for the objection. A motion to table the lease was brought to a vote but failed by voice vote, meaning the lease proceeded despite the expressed concerns.

Sidewalk Closure on Elm Tree Lane

Residents and community members opposed a proposed closure of a sidewalk on Elm Tree Lane. Opponents argued that closing the sidewalk would negatively affect accessibility for elderly and disabled residents in the area. They contended that the appropriate course of action would be to repair the sidewalk rather than close it entirely. Rather than being resolved during the meeting, this issue was referred to the Planning and Public Works Committee for further consideration and review.

Roll Call

Council members were called to roll during the meeting held on July 9, 2013. Council Member Gorton was absent.

Invocation

A moment of silence was observed in lieu of an invocation. 1:00

Public Hearing

A public hearing was held regarding The Summit Lexington Tax Increment Financing Development Plan. 1:34

No members of the public spoke during the hearing. As a result, the public hearing was closed.

Ordinance 0668-13

2:07

Council considered a motion to remove the sidewalk closure ordinance from the docket and refer it to the Planning and Public Works Committee. The key speakers on this matter were Ford, Stinnett, Lederer, and Wente.

The motion to remove the ordinance from the docket and refer it to the Planning and Public Works Committee passed unanimously. The ordinance was tabled as a result of this action.

Ordinance 0712-13

14:42

The Council considered Ordinance 0712-13, which addressed salary adjustments and staffing changes across city departments.

Action Taken

The Council approved the ordinance.

Content

The ordinance approved a salary increase for civil service employees and authorized the creation of new positions across multiple departments.

Ordinance 0713-13

16:20

The Council considered Ordinance 0713-13, which addressed organizational changes within the Division of Waste Management. The ordinance involved abolishing certain positions and creating new positions within the division, along with associated funding adjustments.

The Council approved the ordinance. No additional details regarding specific discussion points, concerns raised, or individual speakers' remarks are available in the meeting record.

Ordinance 0714-13

16:51

The Council considered Ordinance 0714-13, which addressed new positions and funding allocations across multiple city departments. The ordinance encompassed staffing and budget adjustments for the Police Department, Community Corrections, and the Revenue Department.

The Council approved the ordinance, authorizing the requested positions and associated funding for these departments.

Ordinance 0715-13

17:54

The Council approved Ordinance 0715-13, which authorized a position change in the Division of Traffic Engineering with associated funding adjustments.

Outcome

The ordinance was approved by the Council.

Ordinance 0784-13

Summary

The Council approved budget re-appropriations for Fiscal Year 2013 18:24.

Outcome

The ordinance was approved.

Ordinance 0753-13

18:24

The Council considered Ordinance 0753-13, which addressed additional budget re-appropriations for Fiscal Year 2013. The ordinance was approved by the Council.

Ordinance 0740-13

The Council considered and approved Ordinance 0740-13, which extended the term of a temporary administrative officer position 24:55.

The ordinance was approved by the Council.

Ordinance 0752-13

20:06

The Council considered Ordinance 0752-13, which addressed organizational changes within the Division of Traffic Engineering. The ordinance involved abolishing certain positions and creating new positions within the division, along with associated funding adjustments.

The Council approved the ordinance on first reading. No specific speakers, debate points, or concerns were documented in the available meeting record.

Ordinance 0767-13

24:55

The Council approved Ordinance 0767-13, which creates new treatment plant operator apprentice positions within the Division of Water Quality.

Outcome: The ordinance was approved.

Ordinance 0768-13

The Council considered Ordinance 0768-13, which established a penalty for unpaid bills after 17 days. 24:55

The ordinance was approved by the Council.

Ordinance 0775-13

24:55

The Council considered Ordinance 0775-13, which addressed changes to the city's alcoholic beverage licensing structure. The ordinance created new alcoholic beverage licenses while removing outdated license categories from the municipal code.

The Council approved the ordinance.

Ordinance 0802-13

The Council considered Ordinance 0802-13, which addressed budget re-appropriations for Fiscal Year 2013 23:50.

Outcome

The ordinance received a first reading approval.

Resolution 0687-13

The Council considered and approved Resolution 0687-13, which pertained to accepting bids for tractor and mower parts. 30:06

The resolution was approved by the Council.

Resolution 0688-13

The Council considered Resolution 0688-13 regarding the establishment of price contracts for vehicle filters 30:06.

Outcome

The resolution was approved by the Council.

Resolution 0706-13

The Council considered Resolution 0706-13 regarding the Meadows Northland Arlington Neighborhood Improvement Project 30:38.

Outcome

The Council approved accepting a bid for the Meadows Northland Arlington Neighborhood Improvement Project.

Resolution 0719-13

30:38

The Council approved Resolution 0719-13, which established a price contract for pump station emergency generators.

Outcome: The resolution was approved.

Resolution 0720-13

30:38

The Council considered Resolution 0720-13 regarding the acceptance of a bid for network firewall components.

Outcome

The resolution was approved by the Council.

Resolution 0748-13

The Council considered Resolution 0748-13, which addressed establishing a price contract for emergency generator connections. 30:38

The resolution was approved by the Council.

Resolution 0754-13

The Council considered and approved Resolution 0754-13 regarding stormwater improvements. 30:38

Action Taken

The Council approved accepting a bid for the Idle Hour North Stormwater Improvements project.

Outcome

The resolution was approved.

Resolution 0766-13

31:14

The Council considered Resolution 0766-13 regarding the Ecton Park Sanitary Sewer Improvements Project. The resolution addressed accepting a bid for this infrastructure project.

The item received a first reading during this meeting. No additional details regarding specific speakers, presentations, debates, or concerns raised during the discussion were documented in the available meeting materials.

Resolution 0759-13

The Council considered Resolution 0759-13, which addressed the ratification of probationary civil service appointments. 33:24

The resolution was approved by the Council.

Resolution 0643-13

The Council considered and approved Resolution 0643-13, which authorized a supplemental agreement with the Kentucky Transportation Cabinet. 33:57

The resolution was approved by the Council.

Resolution 0654-13

The Council considered Resolution 0654-13, which authorized an addendum to the FOG training Memorandum. 34:27

The resolution was approved by the Council.

Resolution 0657-13

The Council approved a professional services agreement with a Sexual Assault Nurse Examiner 34:58.

The resolution was brought before the Council as agenda item 12. The Council voted to authorize the agreement, which passed with approval.

Resolution 0658-13

The Council considered Resolution 0658-13, which authorized a grant application for the Metropolitan Medical Response System. 35:32

The resolution was approved by the Council.

Resolution 0665-13

The Council considered Resolution 0665-13, which authorized an amendment to a loan agreement with Bluegrass Regional Mental Health Board 35:32.

The resolution was approved by the Council.

Resolution 0672-13

The Council considered Resolution 0672-13, which authorized a quitclaim deed for a right-of-way transfer. 35:32

The resolution was approved by the Council.

Resolution 0678-13

1:07:41

The Council considered and approved Resolution 0678-13, which authorized a lease with Glenncase, LLC for temporary salt storage.

The agenda item was discussed by Council members Stinnett, Moloney, Milligan, Hamilton, Paulsen, and Mason. The resolution was approved by the Council.

Resolution 0679-13

37:05

The Council approved Resolution 0679-13, which authorized six grant applications for homeland security equipment.

Outcome: The resolution was approved.

Resolution 0662-13

The Council approved Resolution 0662-13, which authorized an information-sharing agreement with Fayette County Board of Education. 38:08

The resolution was approved by the Council.

Resolution 0673-13

The Council approved Resolution 0673-13, which authorized a purchase of service agreement with the Human Rights Commission. 38:08

The resolution was approved by the Council.

Resolution 0675-13

The Council approved Resolution 0675-13, which authorized a concession agreement with Lexington Youth Soccer Association. 38:08

The resolution was adopted without recorded objections or noted concerns in the meeting materials.

Resolution 0681-13

The Council approved Resolution 0681-13, which authorized a maintenance agreement with the Kentucky Transportation Cabinet 38:08.

The resolution was approved by the Council.

Resolution 0682-13

The Council considered and approved Resolution 0682-13, which authorized a training agreement with Texas A&M Engineering Extension Service 38:08.

The resolution was approved by the Council.

Resolution 0692-13

The Council considered a change order for the Carver Community Center Renovation during this agenda item 38:08.

The resolution was approved by the Council. No additional details regarding specific discussion points, concerns raised, or presentations made during consideration of this item are available in the meeting record.

Resolution 0694-13

The Council approved an engineering services agreement for the Polo Club Blvd. project 38:08.

Outcome: Approved

Resolution 0700-13

39:43

The Council approved an amendment to a resolution to increase authorization for the Fourth and Jefferson Signalization Project. The resolution was adopted without recorded discussion of concerns or debate in the available materials.

Resolution 0701-13

The Council considered Resolution 0701-13, which authorized a grant application for the Motor Carrier Safety Assistance Program. 40:13

The resolution was approved by the Council.

Resolution 0702-13

40:43

The Council considered Resolution 0702-13, which authorized a grant application for a micro-robot purchase.

The resolution was approved by the Council.

Resolution 0703-13

The Council considered and approved Resolution 0703-13, which authorized a cost-sharing agreement with Transylvania University. 41:15

The resolution was approved by the Council.

Resolution 0704-13

The Council approved Resolution 0704-13, which authorized a training agreement with Spec.Rescue International. 41:15

The resolution was approved by the Council.

Resolution 0705-13

The Council considered and approved Resolution 0705-13, which converted W. Fourth Street to two-way traffic. 41:48

The resolution was approved by the Council.

Resolution 0716-13

The Council approved Resolution 0716-13, which authorized deeds for the East Lake Trunk Sewer Project. 41:48

The resolution was approved by the Council.

Resolution 0717-13

The Council approved Resolution 0717-13, which authorized deeds for the Century Hills Trunk Sewer Replacement Project. 41:48

The resolution was approved by the Council.

Resolution 0718-13

41:48

The Council considered and approved Resolution 0718-13, which authorized the purchase of service agreements with multiple organizations.

Outcome

The resolution was approved by the Council.

Resolution 0721-13

The Council considered Resolution 0721-13, which authorized deeds for the Bob O Link Sewer Replacement Project. 41:48

The resolution was approved by the Council.

Resolution 0727-13

The Council approved Resolution 0727-13, which authorized an agreement with Kentucky Utilities Company for banner attachments 41:48.

The resolution was approved by the Council. No additional discussion points, concerns, or debate details were documented in the available meeting materials.

Resolution 0743-13

The Council considered Resolution 0743-13, which sought approval for an amended application for Tax Increment Financing (TIF) related to the Phoenix Park/Courthouse Project 45:23.

The resolution was approved by the Council. No specific details regarding debate, concerns raised, or individual speakers' positions were documented in the available meeting materials.

Resolution 0746-13

The Council considered Resolution 0746-13, which authorized a Memorandum of Agreement for historic study and impact mitigation 45:53.

The resolution was approved by the Council.

Resolution 0747-13

The Council approved a change order for the Hilton Lexington/Downtown contract 45:53.

Outcome: Approved

Resolution 0751-13

The Council considered and approved Resolution 0751-13, which authorized a contract with Machinex Technologies for the materials recovery facility. 45:53

The resolution was approved by the Council.

Resolution 0773-13

Summary

The Council approved Resolution 0773-13, which authorized accepting a bid for the Tates Creek Sidewalk Improvements Project. 1:26:08

Outcome

The resolution was approved.

Resolution 0800-13

The Council approved Resolution 0800-13, which authorized accepting a bid for HVAC remediation for the computer server room. 1:26:08

The resolution was approved by the Council.

Resolution 0795-13

The Council considered Resolution 0795-13, which addressed authorizing conditional offers for probationary appointments. 1:26:08

The resolution was approved by the Council.

Resolution 0796-13

The Council considered Resolution 0796-13, which addressed the ratification of probationary and permanent civil service appointments. 1:26:08

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

Outcome: The resolution was approved.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was brought before the Council for consideration and was approved without recorded objections or extended discussion during the meeting.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was presented as agenda item 49 and resulted in approval by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council considered and approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council considered and approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

Outcome: The resolution was approved.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was adopted without recorded discussion or debate during the meeting. No specific concerns or questions from Council members were documented in the available materials.

Outcome: Approved

Resolution 0748-13

The Council considered and approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.

Resolution 0748-13

The Council approved a change order for the Ecton Park Sanitary Sewer Improvements Project 1:26:08.

The resolution was approved by the Council.