Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on September 12, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed 31 agenda items during the meeting, taking 12 motions and votes while hearing 4 public comments.

The council approved several zoning ordinance amendments, including clarifications to regulations for vehicle repair accessory to residential uses, parking and storage of business vehicles in residential zones, and the government's ability to abate zoning violations. The council also approved creation of Section 15-12 of the Code of Ordinances to regulate itinerant merchants, peddlers, and door-to-door sales.

The council approved authorization for the issuance of three bond series: Various Purpose General Obligation Bonds Series 2013C, Various Purpose General Obligation Refunding Bonds Series 2013D, and Sewer System Refunding Revenue Bonds Series 2013E. Additionally, the council approved creation of a Pedestrian Oriented Business District for properties on South Limestone Street.

The council approved several agreements and appointments, including conditional offers for probationary civil service appointments, an agreement with Bluegrass Youth Ballet for the Office of the Urban County Council, and an agreement with Code for America Labs for a fellowship program. The council also approved mayoral reappointments.

Multiple items were advanced to first reading, including a budget reallocation of $2.25 million for capital projects from the General Services District Fund, a change order for the Phoenix/Police Headquarters Elevator Renovation, renaming of the Whitney Young Park Neighborhood Building to the Charles H. Quillings Neighborhood Building, and various bids and grants.

Attendance

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

Absent: Gorton

Late: None

Votes and Decisions

Ordinance 0944-13 — Reallocation Amendment 7:21 Motion by Ford, seconded by Akers. This ordinance amended the reallocation of funds, reducing it from $3.75 million to $2.25 million and reassigning funds to the General Council Office. The roll call vote passed 10-4. Voting in favor: Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, and Ellinger. Voting against: Farmer, Ford, Henson, and Kay.

Resolution 0944-13 — Capital Expenditure Policy Repeal 10:39 Motion by Ford, seconded by Massadi. This resolution sought to repeal Resolution No. 177-2006 and Resolution No. 368-2006 on capital expenditure policy. The roll call vote failed 6-7 with 1 abstention. Voting in favor: Akers, Henson, Kay, Lane, Myers, and Scutchfield. Voting against: Farmer, Ford, Ellinger, Stinnett, Kay, Lane, and Myers.

Ordinance 0909-13 — Door-to-Door Sales Amendment 15:49 Motion by Henson, seconded by Ellinger. This ordinance removed Subsection 15-12(b)(2) restricting door-to-door sales hours. The roll call vote passed unanimously 14-0.

Ordinance 0944-13 — First Reading 20:48 First reading of the amended ordinance reallocating $2.25 million to the General Council Office for capital projects.

Ordinance 0909-13 — Second Reading (Itinerant Merchants) 24:00 Motion by Ellinger, seconded by Myers. Second reading of the amended ordinance regulating itinerant merchants, peddlers, and door-to-door sales. The roll call vote passed unanimously 14-0.

Ordinance 0909-13 — Second Reading (Zoning Amendments) 24:00 Motion by Ellinger, seconded by Myers. Second reading of zoning amendments related to vehicle repair, parking, and enforcement. The roll call vote passed unanimously 14-0.

Resolution 0883-13 — Hazardous Material Spill Cleanup Bid 31:29 Motion by Ellinger, seconded by Myers. Second reading accepting a bid for hazardous material spill cleanup. The roll call vote passed 13-0.

Resolution 0985-13 — Civil Service Appointments 44:48 Motion by Akers, seconded by Kay. Second reading authorizing conditional offers for civil service appointments. The roll call vote passed 12-0.

Resolution 0980-13 — Bluegrass Youth Ballet Agreement 44:48 Motion by Akers, seconded by Kay. Second reading authorizing an agreement with Bluegrass Youth Ballet. The roll call vote passed 12-0.

Resolution 0983-13 — Code for America Labs Fellowship 44:48 Motion by Akers, seconded by Kay. Second reading authorizing an agreement with Code for America Labs for a fellowship program. The roll call vote passed 12-0.

Mayor's Communications 50:12 Motion by Kaye, seconded by Beard. Approval of communications from the Mayor. The roll call vote passed unanimously 14-0.

Officer Stephen McCain Disciplinary Action 51:30 Motion by Henson, seconded by Ellinger. Approval of disciplinary action against Officer Stephen McCain. The voice vote passed.

Budget and Financial Actions

The meeting approved multiple contracts, grants, and bond issuances totaling over $179 million in financial actions.

Contracts

The following contracts were approved:

• Purchase of Heil Python Multipack Refuse Truck Bodies for Waste Management from Central Indiana Truck Equipment Corp. for $211,769 (Resolution 0834-13)
• Renovation of Emergency Operations Center at 115 Cisco Rd. with Murphy + Graves Architects for $427,000 (Resolution 0861-13)
• Relocation of utilities for Clays Mill Rd. Improvements Project - Section 2C with Columbia Gas of Ky. for $38,281 (Resolution 0834-13)
• Stormwater education and outreach workshops for Environmental Policy with University of Ky. and UK Arboretum for $50,000 (Resolution 0870-13)
• Purchase of services agreement with Bluegrass Youth Ballet for $300 (Resolution 0980-13)
• Participation in Code for America 2014 Fellowship Program with Code for America Labs, Inc. for $180,000 (Resolution 0983-13)

Grants

Grant awards included:

• $20,000 for Distracted Driving Related Services from Ky. Transportation Cabinet, Office of Highway Safety Programs (Resolution 0954-13)
• $15,000 for Tree Canopy Assessment and Planting Plan from Ky. Division of Forestry (Resolution 0916-13)
• $27,979.72 for capital improvements to Family Care Center from Bluegrass Area Development District (Resolution 0923-13)
• $145,326.91 for continuation of Litter Abatement Program from Ky. Energy and Environment Cabinet (Resolution 0849-13)
• $9,837,063 Low Interest State Revolving Fund Loan for Lower Cane Run Wet Weather Storage Project from Ky. Infrastructure Authority (Resolution 0901-13)

Bond Issuances

Three bond issuances were approved:

• Issuance of Various Purpose General Obligation Bonds, Series 2013C for $18,250,000 (Resolution 0930-13)
• Refunding of General Obligation Public Project Bonds, Series 2013D for $80,000,000 (Resolution 0931-13)
• Refunding of Sewer System Revenue Bonds, Series 2013E for $35,000,000 (Resolution 0932-13)

Public Comment

Four members of the public addressed the council during this meeting, raising concerns about ordinances, capital project funding, traffic management, and district spending priorities.

Pedestrian-Oriented Business District Ordinance

David Stubblefield objected to the approval of Ordinance 9941-13 regarding a Pedestrian-Oriented Business District 53:11. He cited lack of notice and expressed concern about potential negative impacts on property values and parking availability in the Center Court Condominium area.

Capital Projects Funding Allocation

Nathan Dickerson criticized the reallocation of $3.75 million to council districts 57:03. He characterized the funding approach as bad public policy and advocated for transparent, merit-based allocation methods rather than what he described as pork barrel spending.

Downtown Traffic and Street Design

Bernard McCarthy addressed traffic and street design issues in downtown 59:18. He advocated for maintaining one-way streets in the downtown area and expanding lanes to accommodate bike traffic and turn traffic. McCarthy emphasized the importance of avoiding further traffic congestion.

District Spending and Essential Services

Robert Dalton praised Council Member Ford for opposing funding to the Bluegrass Area Development District 1:01:09. Dalton urged the council to prioritize essential city services before allocating funds to district-level projects.

Appointments

The following individuals were reappointed to their respective boards and commissions:

• Rashmi Adi-Brown was reappointed to the Domestic Violence Prevention Board
• Douglas Applier was reappointed to the Greenspace Commission
• Kyna Koch was reappointed to the Housing Authority Board of Directors
• Wayne Masterman was reappointed to the Parking Authority Board
• Marian Guinn was reappointed to the Social Services Advisory Board

Contested Items

Three significant areas of disagreement emerged during this meeting:

Ordinance 0941-13 (Pedestrian-Oriented Business District)

Community member David Stubblefield objected to this ordinance, citing lack of notice to affected residents and concerns about potential negative impacts on property values and parking in the area. His opposition reflected broader community concerns about the implementation and communication surrounding the proposed business district designation.

Council Capital Projects Funding Allocation

The council experienced a split decision on capital projects funding. Council Member Ford introduced a motion to reduce funding and centralize the allocation process, which passed with a 10-4 vote. However, a subsequent motion to repeal the capital expenditure policy failed to gain sufficient support, receiving only 6 votes in favor against 7 opposed. This outcome left the funding structure partially modified but not fundamentally restructured as some members had sought.

Public Funding for Council District Projects

A heated discussion arose regarding how public funding for council district projects should be allocated. Nathan Dickerson criticized the existing funding model as bad public policy and advocated for an alternative approach. He called for transparent, merit-based project funding rather than the current system of district-specific allocations. This disagreement reflected fundamental differences in philosophy about how municipal resources should be distributed and what criteria should guide funding decisions.

Amending Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations related to vehicle repair accessory to residential uses

The meeting considered ordinance 0909-13, which amends Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations for vehicle repair activities that are accessory to residential uses 24:00.

King presented the ordinance, which addresses zoning rules governing vehicle repair in residential zones. The ordinance clarifies how such accessory repair activities are regulated within residential areas.

The ordinance proceeded to a second reading. No amendments were proposed or made during the voting process.

Outcome: The ordinance was approved.

Amending Articles 1, 3, and 8 of the Zoning Ordinance to regulate parking and storage of business vehicles, trailers, equipment, and associated materials in residential zones

Agenda Item: 0910-13

Type: Ordinance (Second Reading)

Overview

The council considered an ordinance to amend Articles 1, 3, and 8 of the Zoning Ordinance to establish regulations governing the parking and storage of business vehicles, trailers, equipment, and associated materials within residential zones. The ordinance aims to prevent misuse of residential properties and maintain neighborhood standards.

Discussion

King presented the ordinance during the meeting 24:00.

Outcome

The ordinance was approved during its second reading. The measure establishes rules to regulate how business vehicles and equipment may be stored in residential areas, providing clearer standards for property owners and enforcement by local authorities.

Amending Article 5 of the Zoning Ordinance to clarify the government's ability to abate zoning violations

Outcome: Approved during second reading

Overview

The meeting included consideration of an ordinance amendment to Article 5 of the Zoning Ordinance. The amendment clarifies the government's authority to enforce zoning compliance and abate violations without requiring new legal proceedings.

Key Speaker

King presented on this agenda item 24:00.

Action Taken

The ordinance amendment was approved during its second reading.

Creating Section 15-12 of the Code of Ordinances regulating itinerant merchants, peddlers, and door-to-door sales

The council considered ordinance 0909-13, which creates Section 15-12 of the Code of Ordinances to regulate itinerant merchants, peddlers, and door-to-door sales 24:00.

Key Changes

The ordinance was amended to remove hour restrictions on door-to-door sales prior to the vote. The measure establishes rules governing conduct, registration requirements, and penalties for transient vendors operating within the jurisdiction.

Discussion and Outcome

Maynard addressed the council regarding this agenda item. The ordinance proceeded to a second reading and was approved with unanimous support from the council.

Authorizing issuance of Various Purpose General Obligation Bonds, Series 2013C

Outcome: Approved during second reading

Overview: The ordinance authorizing the issuance of Various Purpose General Obligation Bonds, Series 2013C was presented for consideration. The measure authorizes up to $18.25 million in bonds for general municipal purposes, with provisions for payment, security, and bond issuance procedures.

Key Speaker: O'Mara addressed the body regarding this agenda item 24:00.

Action Taken: The ordinance was approved during its second reading.

Authorizing issuance of Various Purpose General Obligation Refunding Bonds, Series 2013D

Agenda Item: 0931-13

The ordinance authorizing the issuance of Various Purpose General Obligation Refunding Bonds, Series 2013D was presented for second reading 24:00.

Overview

The ordinance authorizes up to $80 million in refunding bonds. These bonds are designed to replace older public project bonds, with the goal of improving financial efficiency.

Outcome

The ordinance was approved during second reading.

Key Speaker

O'Mara presented on this agenda item.

Authorizing issuance of Sewer System Refunding Revenue Bonds, Series 2013E

Ordinance 0932-13 24:00

The ordinance authorizing the issuance of Sewer System Refunding Revenue Bonds, Series 2013E was approved during second reading. The measure authorizes up to $35 million in refunding bonds for sewer system debt.

Key Details

The ordinance establishes escrow and trust agreements to manage the refunding bond proceeds. These financial instruments are designed to refinance existing sewer system obligations.

Outcome

The ordinance was approved.

Creating a Pedestrian Oriented Business District for properties on S. Limestone

Ordinance 0941-13

This ordinance received approval during its second reading 24:00. The measure designates a specific corridor on S. Limestone Street as a pedestrian-friendly business district with the goal of promoting walkability and encouraging economic activity in the area.

Key Speaker

Maynard presented information on this agenda item.

Outcome

The ordinance was approved.

Amending budgets to reallocate $2.25 million for capital projects from General Services District Fund

Item Number: 0944-13

Type: Ordinance

Overview

The council considered an ordinance to reallocate $2.25 million in capital project funds from the General Services District Fund. The proposal involved moving funds from individual council offices to a central council account for capital projects.

Discussion

Ford presented the ordinance 20:48.

Outcome

The ordinance was amended and approved for first reading.

Authorizing conditional offers for probationary civil service appointments

Resolution 0985-13 44:48

This resolution authorized conditional offers for probationary civil service appointments across multiple departments. The measure was approved during its second reading.

Scope

The resolution covered conditional offers for civil service positions in several departments, including:

• Police
• Community corrections
• Parks

Discussion and Outcome

Maxwell presented the resolution. The measure was approved without noted objections or significant debate during the second reading.

Authorizing agreement with Bluegrass Youth Ballet for Office of the Urban County

Resolution 0980-13

The Council approved a resolution authorizing an agreement with Bluegrass Youth Ballet for cultural programming support through the Office of the Urban County Council. 44:48

The resolution authorized a $300 contract with the organization. Maynard addressed the Council regarding this agenda item.

The resolution was approved during second reading.

Authorizing agreement with Code for America Labs for fellowship program

Resolution 0983-13

The body approved an agreement with Code for America Labs to support a civic technology fellowship program during the second reading of this resolution 44:48.

Key Details

The resolution authorizes a $180,000 agreement with Code for America Labs for the fellowship program.

Outcome

The resolution was approved.

Authorizing change order for Phoenix/Police Headquarters Elevator Renovation

Resolution 0950-13 was presented for consideration during this meeting 38:28. The resolution authorizes a change order for the Phoenix Police Headquarters elevator renovation project.

Key Details

The change order increases the contract price by $2,297.31 to cover additional work required for the elevator renovation project.

Discussion and Outcome

Reed presented the item to the body. The resolution was approved during its first reading.

Renaming Whitney Young Park Neighborhood Building to Charles H. Quillings Neighborhood Building

Agenda Item: 0953-13

Type: Resolution

Overview

The meeting included consideration of a resolution to formally rename the Whitney Young Park Neighborhood Building to the Charles H. Quillings Neighborhood Building. The renaming honors Charles H. Quillings, identified as a community leader.

Discussion

Reed presented this agenda item during the meeting 39:31.

Outcome

The resolution was approved during its first reading.

Amending HUD grant to permit tenant-based rental assistance program

Identifier: 0958-13

Type: Resolution

This resolution amended a housing grant to allow the use of funds for a tenant-based rental assistance program. 40:33

Key Speakers: - Gooding - Hamilton

Outcome: The resolution was approved during first reading.

Accepting grant from Ky. Transportation Cabinet for distracted driving services

The body approved a resolution (0954-13) accepting a $20,000 federal grant from the Kentucky Transportation Cabinet for distracted driving prevention programs 39:31.

Key speakers on this item included Gooding and Mason. The resolution passed its first reading.

The grant will support distracted driving services and prevention initiatives within the jurisdiction.

Amending Resolution 364-2013 to correct payment account

Resolution 0956-13 addressed a correction to payment account information contained in a prior bid acceptance resolution. 40:03

Martin presented this agenda item, which sought to amend Resolution 364-2013 to correct a payment account error.

The resolution was approved during its first reading. No additional concerns or debate were noted in the available record.

Accepting bid for emergency pump connections

Resolution 0952-13 regarding the acceptance of a bid for emergency pump connections was presented during the meeting. 33:09

Martin addressed this agenda item, which involved accepting a bid from Bluegrass Contracting Corp. for emergency pump services.

The resolution received approval during its first reading. No additional concerns or debate were documented during this discussion.

Accepting bid for ammunition for the Division of Police

Resolution 0959-13 addressed the procurement of ammunition for the Division of Police through a competitive bidding process. 33:40

Outcome

The resolution was approved during its first reading. The bid from Kiesler Police Supply for ammunition procurement was accepted.

Speakers

Bastin presented this agenda item to the body.

Accepting bid for temporary labor services

Resolution 0986-13 addressed the acceptance of a bid for temporary labor services. 33:40

Baradaran presented this agenda item to the body. The resolution proposed accepting a bid from OmniSource Staffing for temporary labor services.

The resolution was approved during its first reading.

Accepting bid for telephone maintenance services

A resolution to accept a bid for telephone maintenance services was presented during the meeting 33:40. The resolution proposed accepting a bid from Windstream Communications for telephone maintenance.

Nugent addressed this agenda item during the discussion.

The resolution was approved during its first reading.

Ratifying civil service appointments and leave

This resolution, identified as 0984-13, ratified probationary and permanent civil service appointments as well as approved leave for several employees. 34:11

Maxwell presented the item to the body. The resolution addressed personnel matters related to civil service staffing, including the formalization of probationary appointments to permanent status and the authorization of employee leave.

The resolution received approval during its first reading.

Amending budgets to reflect current requirements

An ordinance to amend the budget to reflect updated municipal expenditures was presented for first reading 25:33.

Presentation and Discussion

Leuker addressed this agenda item, presenting the proposed budget amendments to account for current municipal requirements.

Outcome

The ordinance was approved during first reading.

Amending Code of Ordinances to reclassify traffic engineer position

Agenda Item: 0942-13

The council considered an ordinance to reclassify the traffic engineer position within the city's organizational structure 25:02.

Summary of Action

The ordinance proposes to abolish one Associate Traffic Engineer position and create a new Traffic Engineer position with a higher grade classification. This reclassification represents a change in the staffing structure and compensation level for this role.

Speakers and Discussion

Maxwell presented information regarding this agenda item during the meeting.

Outcome

The ordinance was approved during its first reading. The item will proceed to subsequent readings before final adoption.

Amending Code of Ordinances to reclassify information systems specialist

Identifier: 0955-13

Type: Ordinance

Maxwell presented this ordinance, which proposes to amend the Code of Ordinances through a reclassification of positions 25:33. The measure abolishes one Staff Assistant Sr. position and creates a new Information Systems Specialist position in its place.

The ordinance was approved during its first reading. No additional concerns or debate were documented during this initial consideration of the measure.

Outcome: First reading approved

Communications from the Mayor: Reappointments

Item 0983-13

The City Council approved reappointments to several boards and commissions during the second reading of this agenda item 50:12.

Reappointments Recommended

The communications from the Mayor recommended reappointments to the following:

• Domestic Violence Prevention Board
• Greenspace Commission

Outcome

The reappointments were approved by the Council.

Change order for elevator renovation project

A resolution regarding a change order for the Phoenix/Police Headquarters elevator renovation project was presented for first reading. The change order increases the contract price by $2,297.31.

Reed presented this agenda item. The resolution received approval during the first reading. 38:28

Renaming Whitney Young Park Neighborhood Building

This resolution, identified as 0953-13, proposed renaming the building at Whitney Young Park in honor of Charles H. Quillings. 39:31

Reed presented the item to the body. The resolution was approved during its first reading.

Amending HUD grant for tenant-based rental assistance

Identifier: 0958-13

Type: Resolution

This resolution amends a housing grant to allow the use of funds for a tenant-based rental assistance program. 40:33

Key Speakers: - Gooding - Hamilton

Outcome: The resolution was approved during first reading.

Accepting grant for distracted driving services

This agenda item (0954-13) involved a resolution to accept a $20,000 federal grant for distracted driving prevention programs 39:31.

Key Speakers

The discussion was led by Gooding and Mason.

Outcome

The resolution was approved during first reading.

Amending Resolution 364-2013 to correct payment account

Resolution 0956-13 addressed a correction to payment account information contained in a prior bid acceptance resolution. Martin presented the item during the meeting.

The resolution was approved during its first reading. The measure corrected a payment account error that had been identified in an earlier resolution, ensuring accurate payment processing for the affected transaction.

Outcome: First reading approval