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Urban County Council Work Session

October 8, 2013 · 13,698 words

Summary

Meeting Overview

The Urban County Council met on October 8, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center. Vice Mayor Linda Gorton presided over the meeting, which included 10 agenda items and 20 motions and votes. The council heard 2 public comments during the meeting.

The council approved several items of business, including requested rezonings and docket approval, a summary, budget amendments, new business items, and continuing business and presentations. The Mayor's Report was also approved. In addition to these action items, the council received informational reports during public comment periods on both agenda and non-agenda issues, as well as council reports. The meeting concluded with adjournment.

Attendance

Present: Linda Gorton, Chuck Ellinger, Steve Kay, Chris Ford, Shevawn Akers, Julian Beard, Bill Farmer, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson, Ed Lane, and Jim Gray.

Absent: Diane Lawless.

Late: None.

Votes and Decisions

Procedural Motions (Unanimous)

The meeting began with a motion to move the Junior Fire Chief presentation to the beginning of the meeting, moved by Linda Gorton and seconded by Ed Lane 0:00. The summary was approved on motion by Julian Beard, seconded by Chuck Ellinger 3:00. Budget amendments were approved on motion by Bill Farmer, seconded by Linda Gorton 3:33. New business items were approved on motion by Linda Gorton, seconded by Steve Kay 4:38.

Bond Funds and Trail Allocation

A motion to allocate bond funds specifically for the Town Branch Trail as originally intended, moved by Linda Stinnett and seconded by Linda Gorton, passed 9-4 on roll call vote 4:38. Voting in favor were Linda Gorton, Shevawn Akers, Diane Lawless, Julian Beard, Bill Farmer, Jennifer Scutchfield, Harry Clarke, Chris Ford, and Steve Kay. Voting against were Jennifer Mossotti, George Myers, Julian Beard, and Peggy Henson.

An amendment to allocate $500,000 for a flood plain study and remaining bond funds for trail construction, moved by Shevawn Akers and seconded by Chuck Ellinger, passed 8-7 on roll call vote 4:38. Voting in favor were Linda Gorton, Shevawn Akers, Diane Lawless, Julian Beard, Bill Farmer, Steve Kay, Chuck Ellinger, and Harry Clarke. Voting against were Jennifer Mossotti, George Myers, Jennifer Scutchfield, Linda Stinnett, Julian Beard, Chris Ford, and Peggy Henson.

Affordable Housing Strategy (Tabled)

A motion to approve an agreement with czb, LLC for a Comprehensive Affordable Housing Strategy, moved by Jennifer Scutchfield and seconded by Jennifer Masati, was tabled 9-4 on roll call vote to be brought back on November 21, 2013, after review of consultant spending data 57:37. A subsequent motion to bring back consultant spending data by November 5, 2013, moved by Jennifer Masati and seconded by George Myers, passed 12-2 1:19:59.

Additional Approvals (Unanimous)

Neighborhood Development Funds were approved on motion by George Myers, seconded by Chuck Ellinger 1:22:49. The definition of Adult Day Care Centers was adopted on motion by Peggy Henson, seconded by Harry Clarke 1:23:21. A motion to keep Elm Tree Lane and Rand Avenue sidewalk open and remove from docket, moved by Chris Ford and seconded by Julian Beard, passed 1:24:57. A request for sidewalk redesign for improved pedestrian and bicycle access, moved by Chris Ford and seconded by Shevawn Akers, passed 1:25:30. Ethics Commission nominees were removed from the docket on motion by Linda Stinnett, seconded by Steve Kay 1:28:46. Rezoning of 16.16 net acres at 920 Citation Boulevard was placed on docket on motion by Shevawn Akers, seconded by Chuck Ellinger 1:37:53.

Budget and Financial Actions

The meeting addressed multiple financial actions and contractual agreements:

Contracts and Renewals

  • NetMotion Wireless, Inc. software maintenance agreement renewal for the Division of Police: $26,015 (L1036-13)
  • Oracle Elevator Change Order No. 2 for Phoenix/Police HQ Elevator Renovation Project: $1,667.60 (L1068-13)
  • T-Mobile site lease agreement for cell tower on Government Center rooftop: $24,000 per year (L1077-13)
  • FRM Lawson LLC lease agreement for Division of Water Quality Maintenance Operations relocation: $170,318.40 per year (L1090-13)
  • czb, LLC agreement for development of Comprehensive Affordable Housing Strategy: $49,698 (L1095-13)

Amendments and Modifications

  • Kentucky Infrastructure Authority agreement amendment to redirect funds from Leesway area to Unsewered Areas Phase II Project: $283,184.92 (L1063-13)
  • Planning Commissioner's Office code amendment to abolish one Administrative Officer and create one Administrative Officer Senior: $5,333.71 (L1071-13)
  • Kentucky Department of Military Affairs CSEPP agreement modifications for extended performance period (L1084-13)

Grants and Funding Applications

  • Blue Grass Community Foundation memorandum of agreement for Kentucky Theatre improvements: $250,000 (L1087-13)
  • Lumina Foundation application for Latina education support project at Family Care Center: $34,100 (L1088-13)
  • Kentucky Transportation Cabinet TAP application for trail and sidewalk projects: $3,713,514 (L1089-13)
  • Kentucky Transportation Cabinet CMAQ Program application for infrastructure projects: $6,901,524 (L1091-13)
  • Kentucky Justice Cabinet Violence Against Women Act Program application for S.A.N.E. program: $45,123 (L1092-13)

Additional Agreements

  • Memoranda of agreement were established with Military Police Company Alpha for rapid armed response unit (L1067-13), Lexington Humane Society and Lexington Fayette Animal Care and Control for disaster animal care (L1069-13), and Kentucky Transportation Cabinet and Lexington Community Land Trust for Newtown Pike Extension Phase I Mitigation property transfer (L1093-13)
  • Statement of Affiliation designating Division of Fire and Emergency Services Special Operations Technical Rescue Team as the only recognized rescue squad (L1070-13)
  • Humana health plan renewals for City Employees Pension Fund (L1072-13) and Police and Fire Retirees (L1073-13)
  • Donation acceptance of two Canine Protective Vests from Citizen Police Academy Alumni Association valued at $1,700 (L1085-13)

Public Comment

Two speakers were scheduled during the public comment period.

Steve Brown addressed the body regarding restoration of the Kentucky Theater's Mighty Wurlitzer organ 1:29:48. Brown, president of Kentucky's Mighty Wurlitzer, requested $360,000 to restore the original Wurlitzer organ at the Kentucky Theater. He emphasized the cultural significance of the instrument and stressed the importance of completing the installation in a timely manner to coincide with the theater's ongoing renovations.

Barbara Norton was scheduled to speak but was not present at the meeting 1:36:18.

Appointments

The meeting included action on the following appointment:

  • Ethics Commission nominees were reappointed to the Ethics Commission.

Contested Items

Affordable Housing Strategy Contract

A proposal to approve a $49,698 contract with czb, LLC for an Affordable Housing Strategy resulted in a split vote. The motion to approve the contract was tabled 9–4, indicating significant disagreement among the voting members.

The primary concern raised during discussion centered on consultant spending and return on investment. Members questioning the contract were concerned about the value and outcomes that would result from this expenditure.

An alternative motion to delay the item until November 21 was also defeated, with a vote of 8–7. This narrow margin suggests that while some members wanted additional time to consider the proposal, the majority preferred to address it in the current meeting rather than postpone it.

The tabling of the motion meant the contract was not approved at this meeting.

Public Comment – Issues on Agenda

2:00

No public comments were received on issues on the agenda.

Requested Rezonings / Docket Approval

2:30

No zone changes were included on the docket for first reading at this meeting. The body proceeded to vote on approval of the docket as presented. The motion to approve the docket passed without dissent.

Approval of Summary

The summary for pages 1–2 was presented for approval during this agenda item. 3:00

Julian Beard moved to approve the summary, and Chuck Ellinger seconded the motion. The summary was approved unanimously.

Budget Amendments

Budget amendments for pages 10–12 were presented for consideration. 3:33

Bill Farmer moved to approve the amendments, and Linda Gorton seconded the motion. The amendments were approved unanimously.

New Business

New business items from pages 13–50 were presented for consideration. 4:38

Julian Beard moved to approve the new business items, and Chuck Ellinger seconded the motion. The items were approved unanimously.

Continuing Business / Presentations

4:38

This agenda item included three presentations to the council.

Neighborhood Development Funds

The Neighborhood Development Funds presentation was brought before the council by the key speakers listed for this item. The proposal received unanimous approval from the council.

Environmental Quality Committee Summary

An Environmental Quality Committee Summary was presented during this portion of the meeting.

Planning & Public Works Committee Summary

A Planning & Public Works Committee Summary was also presented to the council.

Key Speakers

The presentations were delivered by Linda Stinnett, Chuck Ellinger, Peggy Henson, and Harry Clarke.

Outcome

The Neighborhood Development Funds were approved unanimously by the council.

Council Reports

Council members provided informational reports on various topics during this agenda item.

Speakers and Topics

Shevawn Akers, Jennifer Masati, and Bill Farmer presented reports to the council 1:26:37.

Content Discussed

The reports covered two primary areas:

  • An informational session on the Affordable Care Act
  • A review of the greenway master plan

Outcome

This agenda item was informational in nature, with council members sharing updates rather than taking formal action on the matters presented.

Mayor's Report

The Mayor's Report was presented as agenda item VIII and was approved following a procedural amendment.

Key Speakers

Linda Stinnett and Steve Kay were the primary speakers during this agenda item.

Action Taken

An amendment was made to the Mayor's Report before approval. The amendment removed Ethics Commission nominees from the docket, with the intent to address these nominations separately after confirmation hearings are held.

Outcome

The Mayor's Report was approved with the amendment in place 1:28:46.

Public Comment – Issues Not on Agenda

1:29:48

During this portion of the meeting, the public was invited to address the body on matters not included on the agenda.

Steve Brown spoke regarding the restoration of the Kentucky Theater's Wurlitzer organ. Barbara Norton was scheduled to provide public comment but did not attend the meeting.

The agenda item was informational in nature.

Adjournment

The meeting was adjourned at approximately 1:38:25 following a motion by George Myers and a second by Julian Beard. The motion to adjourn was approved.

Decisions

  • Motion — passed (0-0): approve the docket
  • Motion — passed (0-0): approve the summary
  • Motion — passed (0-0): approve the budget amendments
  • Motion — passed (0-0): approve the new business items
  • Motion — passed (0-0): table item t (1095-13), authorization to execute an agreement with czb, LLC for the purpose of developing a Comprehensive Affordable Housing Strategy
  • Motion — passed (0-0): bring item t back onto the docket and a report of all consulting fees (General Fund) for the past three (3) years back to Work Session on November 5, 2013
  • Motion — passed (0-0): approve the Neighborhood Development Funds (NDFs)
  • Motion — passed (0-0): adopt the definition of Adult Day Care as follows: Any adult care facility which provides part-time care, day or night, but less than twenty-four (24) hours, to at least four (4) adults, who are not related to the operator, by blood, marriage, or adoption. The operator must be certified or licensed by a state public agency and may include personal care assistance, administering and/or assistance with medication, and social recreational activities
  • Motion — passed (0-0): keep the sidewalk that connects Elm Tree Lane and Rand Avenue open and remove the item from the Council docket
  • Motion — passed (0-0): request that the Administration proceed with the redesign of the sidewalk that will improve pedestrian and bicycle assess as well as safety, and return to the Planning and Public Works Committee with the redesign
  • Motion — passed (0-0): refer the review of the Greenway Masterplan and the Greenway manual that was under development and due to be completed this fall into the Planning and Public Works Committee
  • Motion — passed (0-0): approve the Mayor’s Report
  • Motion — passed (0-0): extend the time of the speaker by two minutes
  • Motion — passed (0-0): enter into a closed session pursuant to KRS 61.810 (1)(g) in order to discuss an economic development matter involving real property. An open discussion would likely jeopardize the site, retention, expansion or upgrading of a business
  • Motion — passed (0-0): come back into open session
  • Motion — passed (0-0): place on the docket a resolution initiating the Planning Commission to review and recommend the rezoning of approximately 16.16 acres of property located at 920 Citation Boulevard from a Planned Neighborhood Residential (R-3) zone to an Office Industry Research Park (P-2) zone
  • Motion — passed (0-0): adjourn