Urban County Council Meeting
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Summary
Meeting Overview
The Lexington-Fayette Urban County Council held a meeting on September 26, 2013, at 6:00 p.m., presided over by Mayor Jim Gray. The meeting took place in the Council Chambers at 200 E. Main St, Lexington, KY 40507. During the session, the Council addressed 10 agenda items, including a presentation on the Charles H. Quillings Community Building, approval of previous meeting minutes, and consideration of ordinances and resolutions at both first and second readings. The Council took 75 motions and votes throughout the meeting and heard 2 public comments. Key actions included approving ordinances and resolutions at second reading, advancing ordinances and resolutions to first reading, and approving mayoral communications.
Attendance
Present: Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, Kay, Lane, Lawless
Absent: Gorton
Late: None
Votes and Decisions
The council took action on 60 motions during the September 26, 2013 meeting, with the vast majority passing unanimously.
Unanimous Approvals
The council unanimously approved 57 items with all 14 members voting in favor:
- Resolution 0953-13 [00:12:14]: Renaming Whitney Young Park Neighborhood Building to Charles H. Quillings Neighborhood Building
- Minutes 1044-13 [00:13:16]: Approval of minutes from the September 12, 2013 Council Meeting
- Ordinance 0942-13 [00:20:42]: Abolishing Associate Traffic Engineer position and creating Traffic Engineer position with incumbent reclassification
- Ordinance 0955-13 [00:20:42]: Abolishing Staff Assistant Sr. and creating Information Systems Specialist in Parks and Recreation
- Ordinance 0982-13 [00:20:42]: Amending budgets to reflect current municipal expenditures, Schedule No. 12
- Ordinance 0944-13 [00:24:35]: Imposing penalty for unpaid utility bills after 20 days
- Ordinance 1015-13 [00:20:42]: Amending Zoning Ordinance to allow inoperable vehicles in storage yards for up to 60 days
- Ordinance 0990-13 [00:20:42]: Abolishing Environmental Inspector and creating Environmental Initiatives Specialist
- Ordinance 1038-13 [00:20:42]: Creating Budget Analyst Sr. position in Council Office, term to December 31, 2014
- Ordinance 1039-13 [00:20:42]: Creating Security Officer position in Facility and Fleet Services, term to December 31, 2014
- Ordinance 1007-13 [00:20:42]: Approving amendment to Purchasing Regulations for construction management services procurement
- Ordinance 1057-13 [00:20:42]: Amending budgets to reflect current municipal expenditures, Schedule No. 16
Additional unanimous resolutions approved included bids for construction and services, grant acceptances, change orders, and various agreements totaling millions in expenditures [00:30:33 and 00:31:30].
Divided Votes
- Ordinance 0943-13 [00:17:10]: Establishing Summit Lexington Development Area with Bayer Properties, LLC passed 9-4-1. Voting in favor: Myers, Scutchfield, Stinnett, Beard, Clarke, Ellinger, Henson, Kay, Lawless. Voting against: Mossotti, Akers, Farmer, Ford. Abstaining: one member.
- Ordinance 0944-13 (capital projects) [00:14:57]: Amending budgets for $2,250,000 in capital projects was tabled with a vote of 13-1. Voting in favor: Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, Kay, Lawless. Voting against: Mossotti.
Budget and Financial Actions
The meeting approved multiple contracts, amendments, and grants totaling over $5.5 million in financial actions.
Contracts
Major infrastructure contracts included: - Blue Sky Pump Station and Force Main Contract 1 - Pump Station: $570,000 to Grant's Excavating, Inc. (Resolution 0994-13) - Blue Sky Pump Station and Force Main Contract 1 - Force Main: $1,100,000 to Hubert Excavating and Contracting, LLC (Resolution 1017-13) - East Lake Trunk Sewer Replacement: $735,206 to Cleary Construction, Inc. (Resolution 1026-13)
Road and maintenance contracts included: - Crack Sealing for Division of Streets and Roads: $111,150 to Scodeller Construction, Inc. (Resolution 0988-13) - Asphalt Surface Maintenance with Rejuvenating Agent: $111,150 to Pavement Technology, Inc. (Resolution 1033-13) - Asphalt Overlay for Coolavin Park: $35,800 to C&R Asphalt, LLC (Resolution 1034-13)
Additional contracts approved: - Emergency Pump Connections for Division of Water Quality: $111,150 to Bluegrass Contracting Corp. (Resolution 0952-13) - Ammunition for Division of Police: $1,100 to Kiesler Police Supply (Resolution 0959-13) - Temporary Labor for Division of Facilities and Fleet Management: $1,100 to OmniSource Integrated Supply, LLC (Resolution 0986-13) - Telephone Maintenance for Division of Computer Services: $1,100 to Windstream Communications, Inc. (Resolution 0987-13) - Extreme Slope Mowers for Division of Parks and Recreation: $1,100 to Wolf Creek Co., Inc. (Resolution 1046-13) - SCBA Maintenance for Division of Fire and Emergency Services: $1,100 to Bluegrass Uniforms, Inc. (Resolution 1053-13) - Electric Actuators for Division of Water Quality: $1,100 to Hydro Controls, Inc. (Resolution 1055-13) - Amendment to sublease and management agreement with LexArts for Downtown Arts Center: $109,250 (Resolution 1014-13) - Construction Easement Agreement with R.J. Corman Railroad Property, LLC: $500 (Resolution 1020-13)
Contract Amendments
Four change orders were approved: - Oracle Elevator (Phoenix/Police Headquarters Elevator Renovation): $2,297.31 (Resolution 0950-13) - Central Indiana Truck Equipment (larger CNG fuel tank): $52,000 (Resolution 0995-13) - Churchill McGee, LLC (Carver Community Center renovation): $20,477.84 (Resolution 1004-13) - Fitzsimons Office of Architecture (consultant services): $7,800 (Resolution 1005-13)
Grants Received
The city accepted four grants: - U.S. Department of Homeland Security (fire engine and AEDs): $900,000 (Resolution 0998-13) - Bluegrass Community Foundation (Isaac Murphy Memorial Art Garden): $25,000 (Resolution 0999-13) - Kentucky Board of Emergency Medical Services (EMS equipment): $20,400 (Resolution 1001-13) - Kentucky Transportation Cabinet (distracted driving services): $20,000 (Resolution 0954-13) - National Mortgage Foreclosure Settlement Funds from Office of the Attorney General of Kentucky: $759,125 (Resolution 1060-13)
Public Comment
Two members of the public addressed the council during this meeting.
Public Safety Concerns
Joe Sullivan spoke at approximately 1:13:13 regarding public safety staffing levels. He expressed concern about an understaffed police force, citing a specific incident involving a 2.5-hour wait for police response. Sullivan noted that only 36 officers were on duty at the time of his concern and urged the council to prioritize public safety funding and staffing.
Habitat for Humanity Partnership
Rachel Smith Childress spoke at approximately 1:11:10 to express gratitude for the urban county government's 25-year partnership with Lexington Habitat for Humanity. She highlighted how settlement funds have been used to support affordable housing and community revitalization efforts through this partnership.
Appointments
The following appointments and reappointments were made:
Carnegie Literacy Center Board of Directors - Jeannette C. Lucas was appointed
Courthouse Area Design Review Board - Martin Summers was reappointed - Billie Dollins was reappointed
Human Rights Commission - Roger C. Cleveland was appointed - LeTonia A. Jones was appointed - Brenda P. Mannino was appointed
Keep Lexington Beautiful Commission - David R. Elsen was appointed
Library Board of Advisors - Jeff C. Binford was appointed
Office of the Chief Administrative Officer - Aldona Valicenti was appointed as Chief Information Officer
Contested Items
Suspension of Rules for Second Reading of Resolution 33
A procedural dispute arose regarding whether to suspend the rules to allow for the second reading of Resolution 33. Council Member Farmer objected to the suspension, contending that the second reading should be delayed until Council Member Gorton returned to the meeting. Despite this objection, a motion to suspend the rules was put to a vote. The motion failed with a vote of 6-8, meaning the suspension did not receive the necessary support to proceed.
Roll Call
Council members were called to roll at the beginning of the meeting. All council members were present except Council Member Gorton, who was absent.
Invocation
Pastor John C. Lee of Greater Liberty Baptist Church provided the invocation for the meeting 1:02. The invocation emphasized themes of wisdom, peace, and protection for the city.
Presentation - Charles H. Quillings Community Building
Council Member Ford presented a resolution to rename the Whitney Young Park Neighborhood Building in honor of Charles H. Quillings, a longtime community leader and volunteer.
Robert Jefferson, President of the St. Martin's Village Neighborhood Association, spoke in support of the resolution.
The resolution was approved.
Minutes of the Previous Meetings
The Council reviewed and approved the minutes from the September 12, 2013 Council Meeting. 13:16
Key speakers on this agenda item included Scutchfield and Myers.
The minutes were approved unanimously by the Council.
Ordinances – Second Reading
Several ordinances were presented for second reading and approval during this portion of the meeting. The ordinances addressed multiple municipal matters, including personnel classification changes, new administrative positions, budget amendments, and economic development initiatives.
The ordinances under consideration included measures to reclassify traffic engineering positions, establish new information systems roles within city administration, amend existing budgets, and create the Summit Lexington Development Area.
Key speakers during this agenda item included Stinnett, Beard, and Myers, who participated in the discussion and consideration of the proposed ordinances.
Outcome: The ordinances were approved.
Ordinances – First Reading
Several ordinances were introduced for first reading during this portion of the meeting. The ordinances addressed amendments to zoning regulations, environmental policy, and budgeting procedures, as well as approval of new procurement regulations.
Key speakers on this agenda item included Stinnett and Myers, who presented and discussed the proposed ordinances with the body.
The ordinances proceeded through first reading, the initial stage of the legislative process that allows for introduction and preliminary consideration of proposed measures before further debate and voting in subsequent readings.
Resolutions – Second Reading
Multiple resolutions were presented and approved during the second reading. Key speakers on this agenda item included Myers, Beard, and Henson.
The resolutions addressed several administrative and operational matters:
- Accepting bids for utility work
- Ratifying civil service appointments
- Authorizing facility usage agreements
- Approving grant applications
All resolutions presented during this second reading were approved.
Resolutions – First Reading
During this agenda item, numerous resolutions were introduced for first reading. The resolutions covered a range of matters including authorizations for new contracts, grants, and infrastructure projects.
Key speakers on this item included Henson, Akers, and Farmer.
Many of the resolutions introduced during first reading were subsequently approved through suspension of the rules, allowing them to advance beyond the standard first reading stage.
The outcome of this agenda item was that the resolutions proceeded to first reading as scheduled.
Communications from the Mayor
The Mayor presented recommendations for appointments to various boards and commissions. The recommended appointments included positions on the following boards:
- Carnegie Literacy Center Board
- Courthouse Area Design Review Board
- Human Rights Commission
- Keep Lexington Beautiful Commission
- Library Board of Advisors
Gray presented these recommendations to the council. The appointments were approved.
Communications from the Mayor (For Information Only)
The Mayor provided information regarding resignations from various city departments. The communications covered personnel changes across multiple positions, including:
- Telecommunicator
- Staff Assistant Sr.
- Public Service Worker
- Additional departmental positions
Speaker: Gray
This item was presented for informational purposes only, with no action required from the body. The Mayor's communications served to notify the council of staffing changes within the municipal government.
Decisions
- Resolution 0953-13 — passed (14-0): Renaming Whitney Young Park Neighborhood Building to Charles H. Quillings Neighborhood Building
- Minutes 1044-13 — passed (14-0): Approval of minutes from September 12, 2013 Council Meeting
- Ordinance 0944-13 — tabled (13-1): Amending budgets for Office of the Urban County Council for $2,250,000 in capital projects from fund balance
- Ordinance 0943-13 — passed (9-4): Establishing Summit Lexington Development Area, approving Local Participation Agreement with Bayer Properties, LLC, and creating Incremental Tax Special Fund
- Ordinance 0942-13 — passed (14-0): Amending Section 21-5(2) to abolish Associate Traffic Engineer and create Traffic Engineer position, reclassifying incumbent
- Ordinance 0955-13 — passed (14-0): Amending Section 21-5(2) to abolish Staff Assistant Sr. and create Information Systems Specialist in Parks and Recreation
- Ordinance 0982-13 — passed (14-0): Amending budgets to reflect current municipal expenditures, Schedule No. 12
- Ordinance 0944-13 — passed (14-0): Amending subsections 16-16.2(c)(1), 16-64(c)(1), and 16-404(4)(a) to impose penalty for unpaid bills after 20 days
- Resolution 0952-13 — passed (14-0): Accepting bid of Bluegrass Contracting Corp. for Emergency Pump Connections
- Resolution 0959-13 — passed (14-0): Accepting bid of Kiesler Police Supply for ammunition
- Resolution 0986-13 — passed (14-0): Accepting bid of OmniSource Integrated Supply for Temporary Labor
- Resolution 0987-13 — passed (14-0): Accepting bid of Windstream Communications for Telephone Maintenance
- Resolution 0984-13 — passed (14-0): Ratifying probationary and permanent civil service appointments and approved council leave
- Resolution 0884-13 — passed (14-0): Authorizing Facility Usage Agreement with Fayette County Board of Education for Parks and Recreation ESP and REAL Programs
- Resolution 0917-13 — passed (14-0): Authorizing Agreement with Windstream Communications for utility relocation on Clays Mill Rd. Improvements Project
- Resolution 0925-13 — passed (14-0): Authorizing change in use and sale of property at 1050 Delaware Ave., proceeds to Community Development Block Grant Program
- Resolution 0934-13 — passed (14-0): Authorizing Agreement with Ky. Utilities for utility relocation on Clays Mill Rd. Improvements Project
- Resolution 0950-13 — passed (14-0): Authorizing Change Order No. 1 to Oracle Elevator contract for Phoenix/Police Headquarters Elevator Renovation
- Resolution 0954-13 — passed (14-0): Authorizing acceptance of $20,000 federal grant from Ky. Transportation Cabinet for distracted driving services
- Resolution 0956-13 — passed (14-0): Amending Resolution No. 364-2013 to correct payment account for DMH Construction bid
- Resolution 0958-13 — passed (14-0): Authorizing amendment to HUD agreement to permit use of AIDS Grant funds for Tenant Based Rental Assistance Program
- Resolution 1000-13 — passed (14-0): Authorizing Department of Law to institute condemnation proceedings for Blue Sky Pump Station and Force Main Project
- Resolution 0988-13 — passed (14-0): Accepting bid of Scodeller Construction for crack sealing, $111,150
- Resolution 0994-13 — passed (14-0): Accepting bid of Grant’s Excavating for Blue Sky Pump Station and Force Main Contract 1 - Pump Station, $570,000
- Resolution 1017-13 — passed (14-0): Accepting bid of Hubert Excavating and Contracting for Blue Sky Pump Station and Force Main Contract 1 - Force Main, $1,100,000
- Resolution 1026-13 — passed (14-0): Accepting bid of Cleary Construction for East Lake Trunk Sewer Replacement, $735,206
- Resolution 1033-13 — passed (14-0): Accepting bid of Pavement Technology for asphalt surface maintenance with rejuvenating agent, $111,150
- Resolution 1034-13 — passed (14-0): Accepting bid of C&R Asphalt for asphalt overlay for Coolavin Park, $35,800
- Resolution 1053-13 — passed (14-0): Accepting bid of Bluegrass Uniforms for SCBA maintenance, $1,100
- Resolution 1055-13 — passed (14-0): Accepting bid of Hydro Controls for electric actuators, $1,100
- Resolution 1028-13 — passed (14-0): Authorizing conditional offer to probationary civil service appointments
- Resolution 0996-13 — passed (14-0): Authorizing agreement with Drug Enforcement Administration for continuation of DEA Task Force
- Resolution 1010-13 — passed (14-0): Authorizing agreement with Department of Justice, Department of Treasury for Federal Equitable Sharing Program
- Resolution 1021-13 — passed (14-0): Authorizing acceptance of donation of new K-9 from Fayette County Attorney Larry Roberts
- Resolution 0926-13 — passed (14-0): Authorizing professional services agreement with Dr. Patricia K. Howard for emergency services training
- Resolution 0960-13 — passed (14-0): Authorizing second renewal of Engineering Services Agreement with Hazen and Sawyer for sanitary sewer program
- Resolution 0974-13 — passed (14-0): Authorizing release of subsurface drainage easement on property at 1141 Shagbark Ln.
- Resolution 0989-13 — passed (14-0): Authorizing new account applications with Humana for voluntary employee benefits
- Resolution 0995-13 — passed (14-0): Authorizing Change Order No. 2 to contract with Central Indiana Truck Equipment for larger CNG fuel tank, $52,000 increase
- Resolution 0998-13 — passed (14-0): Authorizing grant application to U.S. Department of Homeland Security for fire engine and AEDs, $900,000
- Resolution 0999-13 — passed (14-0): Authorizing acceptance of $25,000 grant from Bluegrass Community Foundation for Isaac Murphy Memorial Art Garden
- Resolution 1001-13 — passed (14-0): Authorizing grant application to Ky. Board of Emergency Medical Services for EMS equipment, $20,400
- Resolution 1002-13 — passed (14-0): Authorizing acceptance of deed from Transylvania University for permanent easement at 555 W. Fourth St.
- Resolution 1003-13 — passed (14-0): Authorizing grant application to Ky. Division of Emergency Management for flood mitigation, $1,422,000
- Resolution 1004-13 — passed (14-0): Authorizing Change Order No. 3 to contract with Churchill McGee for Carver Community Center renovation, $20,477.84 increase
- Resolution 1005-13 — passed (14-0): Authorizing Change Order No. 1 to consultant services agreement with Fitzsimons Office of Architecture, $7,800 increase
- Resolution 1014-13 — passed (14-0): Authorizing amendment to sublease and management agreement with LexArts for Downtown Arts Center, $109,250
- Resolution 1016-13 — passed (14-0): Amending Resolution No. 286-2011 to approve inducement to Lockheed Martin Corp.
- Resolution 1060-13 — passed (14-0): Authorizing acceptance of $759,125 National Mortgage Foreclosure Settlement Funds
- Resolution 1054-13 — passed (14-0): Recommending appointments to various boards and commissions
- Resolution 0984-13 — passed (14-0): Ratifying unclassified civil service appointment of Aldona Valicenti, Chief Information Officer
- Resolution 0984-13 — passed (14-0): Amending Section 2 of Resolution No. 473-2013 to correct cost for Heil Python multi-pack refuse truck bodies
- Ordinance 1015-13 — passed (14-0): Amending Zoning Ordinance to allow inoperable vehicles in storage yards for up to 60 days
- Ordinance 0990-13 — passed (14-0): Amending Section 21-5(2) to abolish Environmental Inspector and create Environmental Initiatives Specialist
- Ordinance 1038-13 — passed (14-0): Creating Budget Analyst Sr. position in Council Office, term to December 31, 2014
- Ordinance 1039-13 — passed (14-0): Creating Security Officer position in Facility and Fleet Services, term to December 31, 2014
- Ordinance 1007-13 — passed (14-0): Approving amendment to Purchasing Regulations to include additional methods for procuring construction management services
- Ordinance 1057-13 — passed (14-0): Amending budgets to reflect current municipal expenditures, Schedule No. 16
- Resolution 1015-13 — passed (14-0): Amending Zoning Ordinance to allow inoperable vehicles in storage yards for up to 60 days
- Resolution 0988-13 — passed (14-0): Accepting bid of Scodeller Construction for crack sealing, $111,150
- Resolution 1034-13 — passed (14-0): Accepting bid of C&R Asphalt for asphalt overlay for Coolavin Park, $35,800
- Resolution 0995-13 — passed (14-0): Authorizing Change Order No. 2 to contract with Central Indiana Truck Equipment for larger CNG fuel tank, $52,000 increase
- Resolution 1004-13 — passed (14-0): Authorizing Change Order No. 3 to contract with Churchill McGee for Carver Community Center renovation, $20,477.84 increase
- Resolution 1005-13 — passed (14-0): Authorizing Change Order No. 1 to consultant services agreement with Fitzsimons Office of Architecture, $7,800 increase
- Resolution 1014-13 — passed (14-0): Authorizing amendment to sublease and management agreement with LexArts for Downtown Arts Center, $109,250
- Resolution 1016-13 — passed (14-0): Amending Resolution No. 286-2011 to approve inducement to Lockheed Martin Corp.
- Resolution 1060-13 — passed (14-0): Authorizing acceptance of $759,125 National Mortgage Foreclosure Settlement Funds
- Resolution 0984-13 — passed (14-0): Ratifying unclassified civil service appointment of Aldona Valicenti, Chief Information Officer
- Resolution 0984-13 — passed (14-0): Amending Section 2 of Resolution No. 473-2013 to correct cost for Heil Python multi-pack refuse truck bodies
- Ordinance 1015-13 — passed (14-0): Amending Zoning Ordinance to allow inoperable vehicles in storage yards for up to 60 days
- Ordinance 0990-13 — passed (14-0): Amending Section 21-5(2) to abolish Environmental Inspector and create Environmental Initiatives Specialist
- Ordinance 1038-13 — passed (14-0): Creating Budget Analyst Sr. position in Council Office, term to December 31, 2014
- Ordinance 1039-13 — passed (14-0): Creating Security Officer position in Facility and Fleet Services, term to December 31, 2014
- Ordinance 1007-13 — passed (14-0): Approving amendment to Purchasing Regulations to include additional methods for procuring construction management services
- Ordinance 1057-13 — passed (14-0): Amending budgets to reflect current municipal expenditures, Schedule No. 16