Urban County Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Government held a meeting on August 13, 2013, at 3:00 p.m. in the Council Chamber, 2nd Floor Government Center, presided over by Mayor Gray. The meeting included nine agenda items covering a range of municipal business, with 44 motions and votes taken throughout the session. Three public comments were heard during the meeting, including remarks on both agenda and non-agenda issues. The council approved several items including requested rezonings, a summary document, budget amendments, and new business matters. The meeting also included informational presentations and reports from continuing business, council members, and the mayor.

Attendance

Present: 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: Linda Gorton.

Late: None.

Votes and Decisions

The meeting included 47 motions, all of which passed. Most votes were conducted by voice vote, with one roll call vote.

Closed Sessions and Procedural Motions

The body went into closed session pursuant to KRS 61.810(1)(f) for discussion of employee discipline or dismissal 0:00, moved by Chuck Ellinger and seconded by George Myers. A motion to return from closed session followed, moved by Chuck Ellinger and seconded by Shevawn Akers 0:00. Later, the body entered closed session pursuant to KRS 61.810(1)(b) for discussion of acquisition or sale of real property 9:03, moved by Chuck Ellinger and seconded by George Myers, and subsequently returned from that session 9:03.

Rezoning and Planning Decisions

Multiple motions to approve dockets of requested rezonings passed [timestamps: 0:09:03, 0:18:57, 0:19:29, 0:20:33]. A motion to refer ZOTA 2012-9 amendments to articles 1, 8, and 12 for modifications to the B1 zone back to the Planning Commission for further consideration of material changes passed 9:03, moved by Bill Farmer and seconded by Steve Kay.

Roll Call Vote

One motion required a roll call vote: a motion to commit to create a minimum of one standalone site for a senior citizens' center owned and maintained by LFUCG and explore additional satellite partnerships 9:03, moved by George Myers and seconded by Chuck Ellinger. This passed 13-1, with votes in favor from 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. Ed Lane voted against the motion.

Budget and Tax Rate Decisions

Multiple motions set tax rates and fees, including the general services fund tax rates at prior year rates 1:41:42, health tax rate at 0.28 1:43:22, conservation and soil rate at 0.0005 1:43:54, extension real property rate at 0.0034 1:45:10, and extension personal property rate at 0.0038 1:45:41. The street cleaning rate was amended from 0.0094 to 0.0097 1:49:56 and subsequently approved 1:52:09. A motion to substitute the streetlight tax rate to 0.019 per $100 of assessed value passed 1:55:26, moved by Ed Lane and seconded by Julian Beard.

Budget and Financial Actions

The meeting addressed 35 financial items including contracts, grants, amendments, and operational agreements.

Contracts and Service Agreements

The city approved several service contracts totaling significant expenditures:

• Installation and activation of an alarm system at the Property and Evidence Annex with Sonitrol of Lexington, Inc. for $1,508 (L0785-13)
• Use of Henry Clay High School track for the Hershey Track Meet with Fayette County Board of Education for $174 (L0793-13)
• Roof repair change order with Kalkreuth Roofing and Sheet Metal for the Senior Citizen's Center for $3,945 (L0818-13)
• Street Sales Drug Enforcement Project prosecutor services agreement with Fayette County Commonwealth Attorney's Office for $59,920 (L0824-13)
• Roots and Heritage Festival sponsorship with Roots and Heritage Festival, Inc., for $35,415 (L0827-13)
• Emergency Notification System service continuation with Dialogic Communications Corporation for $31,330 (L0829-13)
• Enhanced 911 services with NeuStar Inc. for $3,200 (L0830-13)
• Roland Avenue Stream Bank Stabilization change order with Todd Johnson Contracting for $26,428.96 (L0832-13)
• Administrative office space lease amendment with WINMAR Corporation for $130,690.84 (L0833-13)
• Animal control services with Lexington-Fayette Animal Care and Control, LLC, for $1,105,980 (L0835-13)
• Mobility office marketing campaign with Group CJ, LLP, for $44,400 (L0836-13)
• Secondary digester blend tank demolition with Pace Contracting for $30,000 (L0840-13)
• HVAC and piping repair change order with Triton Services, Inc., for $6,801.00 (L0841-13)
• Remedial Measures Plans project management change order with Hazen and Sawyer, PSC, for $144,145.95 (L0843-13)

Grants and Donations

The city accepted grants and donations:

• Television donation from Lexington Fayette County Health Department valued at $500 (L0813-13)
• Waste tire disposal/recycling award from Kentucky Division of Waste Management for $3,000 (L0823-13)
• Wolf Run Watershed Based Plan implementation funds from Kentucky Energy and Environment Cabinet for $300,000 (L0837-13)
• Local Food Coordinator Project support from Bluegrass Community Foundation for $57,601.74 (L0853-13)

Amendments and No-Cost Actions

Multiple amendments and agreements with no budgetary impact were approved, including memoranda of understanding, property transactions, ordinance amendments, and operational extensions.

Public Comment

Three speakers addressed the board during the public comment period.

Mr. Mundy 9:03 Mr. Mundy signed up to speak on public comment issues on the agenda, though no further remarks were recorded.

Greg Johnson – Conservation District Funding Request 1:03:06 Greg Johnson, a supervisor on the Fayette County Conservation District Board, presented a two-page flyer outlining the district's responsibilities and requested a rate increase. Johnson asked that the rate be increased from $0.0004 to $0.0005 to address rising costs, including equipment rental, administrative programs, and state-mandated fees.

Nick Carter – Extension District Funding Request 1:07:15 Nick Carter, the Extension Agent for Agriculture, spoke regarding the Fayette County Extension District's funding needs. Carter explained that the district requires a rate increase due to federal and state funding cuts. He noted that the district faces $24,000 in one-time expenses and ongoing costs for facility upgrades and maintenance.

Contested Items

Streetlight Funding Model

Council members were divided on how to fund streetlights, with disagreement centered on three potential approaches: a property tax increase, a franchise fee increase, or a hybrid model combining elements of both. The debate reflected broader concerns about fairness and equity in how costs would be distributed across the community. Council members raised concerns about the impact on tenants and non-property owners, questioning whether a property tax increase would unfairly shift the financial burden to renters and others without property ownership. The discussion also addressed long-term sustainability, with members weighing the implications of each funding approach for future municipal finances. The split vote indicated that council members could not reach consensus on which method best balanced fiscal responsibility with equitable cost distribution.

Public Hearing for ZOTA 2012-9 Amendments

A heated discussion arose regarding the approval process for zone change amendments under ZOTA 2012-9. Councilmember Farmer expressed significant concern about moving forward with approving a zone change without conducting a public hearing first. Farmer specifically noted the controversy surrounding the Fritz property and pointed out that despite the absence of formal objectors on record, the proposed zone change would have substantial impacts that warranted public input. Farmer's position emphasized the importance of following proper procedural requirements and ensuring community members had an opportunity to be heard on a matter with significant consequences. This disagreement centered on process and transparency rather than the merits of the zone change itself, highlighting tension between expediting approvals and maintaining adequate public participation in land use decisions.

Public Comment - Issues on Agenda

9:03

Council members invited the public to provide comment on issues appearing on the agenda. Mr. Mundy signed up to speak during this portion of the meeting. No further remarks were recorded beyond his participation.

Requested Rezonings/Docket Approval

11:16

The Council approved the docket of requested rezonings during this agenda item. Key speakers included Ed Lane, Steve Kay, Julian Beard, and Bill Farmer.

The Council took action on several matters:

• Approved motions to place multiple ordinances on the docket for the August 15, 2013 Council Meeting
• Approved a motion to refer ZOTA 2012-9 amendments back to the Planning Commission for further consideration

The item was approved by the Council.

Approval of Summary

The summary of the July 2, 2013 Council Work Session was presented for approval 21:03. Vice Mayor Gordon and George Myers were the key speakers on this agenda item.

The summary was approved without discussion.

Outcome: Approved

Budget Amendments

Budget amendments were discussed and approved during this agenda item. 23:17

Key Speakers

Vice Mayor Gordon, Bill Farmer, and Charlie Martin participated in the discussion.

Amendment Approved

A motion was approved to change the amount in item DD from $144,145.95 to $1,444,145.95.

Rationale

The administration explained that the change was necessary due to contractual language that required a change order rather than an amendment to address the adjustment.

Outcome

The budget amendments were approved.

New Business

During the New Business section of the meeting, two main items were addressed and approved.

Local Food Coordinator Project

A motion was made to table the Local Food Coordinator Project to allow additional time to resolve grant funding issues. This motion was approved by the body.

TIF Establishment for Summit Lexington Development Area

A motion to approve the establishment of a Tax Increment Financing (TIF) district for the Summit Lexington Development Area was also approved during this section.

Key speakers contributing to the discussion of these items included Steve Kay, Jennifer Sadi, and Julian Beard.

Both new business items resulted in approved outcomes. 26:37

Continuing Business/Presentations

36:46

Three presentations were delivered during this portion of the meeting by Melissa Lueker, Bill O'Mara, Greg Johnson, and Nick Carter.

Neighborhood Development Funds

A presentation was given on Neighborhood Development Funds, though specific details of the discussion were not provided in the available materials.

Economic Development Committee Summary

An Economic Development Committee Summary was presented to the body, providing an update on economic development activities and initiatives.

Ad Valorem Options

The most detailed presentation covered Ad Valorem Options, which included a comprehensive analysis of property tax rate options. The presentation examined funding mechanisms across three categories:

• General services
• Special districts
• Urban services

A key recommendation emerged from this analysis regarding streetlight funding. The presenters recommended that streetlight funding be supported through a franchise fee increase rather than other available mechanisms.

The Ad Valorem Options presentation provided the council with detailed information on various property tax rate scenarios and their implications for municipal services and revenue generation.

Outcome

This agenda item was informational in nature, with no formal action or vote recorded. The presentations were intended to provide the council with analysis and recommendations to inform future decision-making on funding mechanisms and service delivery options.

Council Reports

No discussion or report was presented on Council Reports during this meeting.

Mayor's Report

No report was presented by the Mayor during this agenda item.

Public Comment - Issues Not on Agenda

No public comment was recorded on issues not on the agenda during this meeting.