Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on October 8, 2013, at 1:00 p.m., with Bill Farmer presiding. The committee addressed six agenda items during the session, taking nine votes and hearing nine public comments.

The committee approved two items: the Summary and a measure regarding Private Streets: Enforcement, Maintenance, and Specification. Items in Committee were also approved. Two agenda items were deferred for future consideration: Erecting Large Utility Poles in the Right of Way, and Capital Road Projects for Major Corridors and the Ability of LFUCG to Maintain Maintenance of Those Roads. One item—Merge the Divisions of Streets and Roads and Traffic Engineering into a New Division of Transportation—was tabled.

Attendance

Present: Bill Farmer, Jennifer Mossotti, Charles Ellinger, Steve Kay, Chris Ford, Julian Beard, Harry Clarke, and Peggy Henson

Absent: Linda Gorton and Diane Lawless

Late arrivals: None

Votes and Decisions

All motions brought before the meeting passed unanimously.

Approval of Previous Meeting Summary 2:36 A motion to approve the summary of the September 17, 2013 meeting was made by Julian Beard and seconded by Charles Ellinger. The motion passed unanimously with zero abstentions.

Adult Day Care Centers Definition 3:08 Peggy Henson moved to adopt the definition of Adult Day Care Centers, seconded by Harry Clarke. The motion passed unanimously with zero abstentions.

Elm Tree Lane Sidewalk Actions 4:09 Two related motions concerning Elm Tree Lane sidewalk were approved: - Chris Ford moved to keep the Elm Tree Lane sidewalk open and remove the matter from the Council docket, seconded by Harry Clarke. This motion passed unanimously with zero abstentions. - Chris Ford also moved to request the Administration redesign the Elm Tree Lane sidewalk for improved pedestrian and bicycle access and safety, seconded by Jennifer Mossotti. This motion passed unanimously with zero abstentions.

Text Amendment on Private Streets 1:19:39 Jennifer Mossotti moved to initiate a text amendment to eliminate private streets in residential subdivisions, seconded by Linda Gorton. The motion passed unanimously with zero abstentions.

Agenda Item Removals [timestamp: 01:26:27 through 01:27:29] Three motions to remove items from the agenda were made by Bill Farmer and seconded by Julian Beard: - Motion to remove the adult day care item from the agenda 1:26:27 — passed unanimously - Motion to remove the performance bond vs letter of credit item from the agenda 1:26:59 — passed unanimously - Motion to remove the Elm Tree Lane sidewalk closure item from the agenda 1:27:29 — passed unanimously

Adjournment 1:28:02 Bill Farmer moved to adjourn the meeting, seconded by Julian Beard. The motion passed unanimously with zero abstentions.

Budget and Financial Actions

The meeting included two financial actions related to street infrastructure and improvements.

Street Resurfacing Appropriation

An appropriation of $42,000,000 was approved for the resurfacing of major and minor arterials and collector streets.

Laclede Court Private Street Amendment

An amendment was approved for $402,000 to cover the cost of bringing Laclede Court private street up to public standards.

Public Comment

Nine speakers addressed the council during the public comment period, raising concerns about utility infrastructure, private streets, and greenways.

Utility Infrastructure

Diane Lawless explained that large utility poles are necessary due to the high power load they carry and noted that the University of Kentucky, which owns the right-of-way, is not bound by city ordinances 11:09. Peggy Henson suggested that utility poles could be disguised to look like trees or otherwise made more visually appealing to reduce blight 13:13. Julian Beard raised concerns about the technical challenges and refrigeration needs for underground transmission lines, citing past difficulties with rerouting power in the Mill and Vine Street area 14:53.

Private Streets and Safety

Jennifer Mossotti expressed concern about public safety on private streets, particularly regarding emergency vehicle access and stormwater runoff issues 56:28. Peggy Henson highlighted that private streets can cause flooding in adjacent neighborhoods due to lack of maintenance and inability to enforce drainage corrections 1:00:24. Harry Clarke asked about private streets on UK property, noting that UK has never requested the city to accept private streets on its campus 1:04:55. Julian Beard noted that commercial private streets like Professional Heights Drive and Tates Creek Center Drive exist in his district and are not residential 1:15:11. Steve Kay asked for a balanced view of the benefits and drawbacks of private streets, particularly regarding affordability and design flexibility 1:23:05.

Greenways

Peggy Henson requested an update on the greenway master plan and asked for a discussion on greenways during the committee meeting 1:27:29.

Contested Items

Private Streets in Residential Subdivisions

The council addressed whether to eliminate private streets in residential subdivisions. Although the motion to eliminate private streets passed unanimously, the discussion revealed significant underlying concerns that suggest potential future contention on this issue. Council members raised questions about affordability impacts, design flexibility for developers, and developer preferences regarding private street arrangements. The unanimous vote masked substantive disagreements about the practical implications of the policy change.

Utility Pole Placement and Aesthetics

A heated discussion emerged regarding utility infrastructure in the city. The debate centered on whether the city should mandate underground utility lines or instead enforce aesthetic guidelines for above-ground utilities. Several concerns were raised during the discussion: the cost of underground utility installation, the technical feasibility of such requirements, and questions about the city's regulatory authority over university-owned infrastructure. The disagreement reflected tension between aesthetic goals and practical constraints, as well as jurisdictional questions about the city's ability to regulate utilities on property owned by educational institutions.

Approval of Summary

The committee approved the summary of the previous meeting's minutes without dissent. 2:36

Julian Beard made the motion to approve the summary, which was seconded by Charles Ellinger. The approval passed without opposition.

Outcome: Approved

Erecting Large Utility Poles in the Right of Way

3:44

Councilmember Harry Clarke and Jonathan Hollinger presented a proposal aimed at improving coordination and communication regarding large utility projects in the right of way.

Proposal

The presenters proposed including a council staff member in utility coordination meetings. This approach was designed to enable early communication about large utility projects, allowing for better planning and coordination between the city and utility companies.

Committee Response

The committee agreed to pilot the proposed approach, indicating support for testing this enhanced coordination method before implementing it more broadly.

Outcome

The agenda item was deferred, meaning the discussion was postponed for further consideration at a later time.

Capital Road Projects for Major Corridors and the Ability of LFUCG to Maintain Maintenance of Those Roads

19:12

Kevin Wente and Brad Frazier presented data on the cost and impact of resurfacing major, minor, and collector arterials in Lexington-Fayette Urban County Government (LFUCG) infrastructure planning.

The presentation focused on analyzing the financial and operational implications of maintaining different categories of roads within the city's transportation network. The speakers provided cost information and impact assessments for resurfacing projects across the three arterial classifications to inform the committee's capital planning decisions.

Following the presentation, the committee discussed the findings and determined that future planning efforts should prioritize major and minor arterials, rather than attempting to maintain all three categories simultaneously. This decision reflects a strategic approach to allocating limited resources toward the most significant transportation corridors.

The committee requested that staff prepare a follow-up report to provide additional information or analysis on the agreed-upon focus areas. This deferred outcome indicates the committee did not make a final decision at this meeting but instead directed staff to develop more detailed recommendations for consideration at a future session.

Merge the Divisions of Streets and Roads and Traffic Engineering into a New Division of Transportation

54:49

The committee discussed a proposal to merge the Divisions of Streets and Roads and Traffic Engineering into a new Division of Transportation.

Key Speaker

Bill Farmer presented on this agenda item.

Outcome

The committee agreed to table the proposal until the next meeting. This decision was made to allow for further discussion with retiring Commissioner Richard Maloney before moving forward with the merger.

Private Streets: Enforcement, Maintenance, Specification

55:21

The committee discussed safety, maintenance, and enforcement challenges associated with private streets in residential subdivisions. Key speakers in this discussion included Jennifer Mossotti, Linda Gorton, Chris King, and Peggy Henson.

The discussion centered on the practical and regulatory difficulties that arise when streets are privately owned and maintained rather than publicly managed. Committee members examined issues related to how private streets are enforced, the standards they must meet, and who bears responsibility for their upkeep.

Following the discussion, the committee voted on a motion to initiate a text amendment that would eliminate private streets in residential subdivisions. This motion passed unanimously, indicating full committee agreement on the need to address private street issues through regulatory change.

The unanimous approval suggests the committee identified sufficient concerns about private street management to warrant amending local development regulations to prevent their use in future residential projects.

Items in Committee

The committee discussed the removal of several agenda items from consideration. 1:26:27

Items Removed

The following items were approved for removal: - Adult day care - Performance bond vs letter of credit - Elm Tree Lane sidewalk closure

Key Participants

Bill Farmer and Julian Beard led the discussion on these removals.

Outcome

All proposed removals were approved by the committee.