Council Work Session

Summary

Meeting Overview

The Urban County Council met on November 12, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Vice Mayor Gorton presiding. The council addressed nine agenda items during the meeting, including public comment periods for issues both on and off the agenda, rezoning requests, budget amendments, and various reports. The body took seven votes and heard nine public comments from residents. Among the items approved were the summary of the previous meeting, new business, continuing business and presentations, and council reports, while other items including requested rezonings, budget amendments, and the Mayor's Report were handled on an informational basis.

Attendance

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

Absent: Lawless

Late: None

Votes and Decisions

The meeting included seven votes, all of which passed.

Approval of the summary of the work session 1:00 Motion by Gorton, seconded by Mossotti. Passed by voice vote.

Ordinance 148-2012: Amendment to change oversight agency for 21c TIF from Lexington Downtown Development Authority to LFUCG's Department of Finance 5:53 Motion by Stinnett, seconded by Henson. Passed by voice vote.

Ordinance 266-2008: Amendment to withdraw the Lexington Distillery District Incremental Tax Special Fund due to non-activation within four years 9:20 Motion by Ford, seconded by Farmer. Passed by voice vote.

Approval of new business items (L1179-13 through L1206-13) 18:47 Motion by Stinnett, seconded by Farmer. Passed by unanimous vote.

Approval of neighborhood development funds 19:17 Motion by Ellinger, seconded by Myers. Passed by voice vote.

Ordinance 16-14(c): Amendment to section 16-14(c) of the Code of Ordinances 0:00 Motion by Ford, seconded by Farmer. Passed by roll call vote with 13 ayes and 1 nay. Those voting in favor were Gorton, Ellinger, Kay, Ford, Akers, Beard, Farmer, Stinnett, Scutchfield, Myers, Mossotti, Clarke, and Henson. Lane voted against.

Placement of oversight of rehabilitation homes into the Public Safety Committee 24:23 Motion by Lawless, seconded by Ellinger. Passed by voice vote.

Budget and Financial Actions

The meeting included authorization for several financial actions and agreements:

Grant Funding

• Authorization to accept a $25,608 award of federal and state funds from the Kentucky Emergency Management Agency under the Hazard Mitigation Grant Program for the Versailles Road Shelter (L1179-13)

• Authorization to submit an application to the Kentucky Emergency Management Agency for $47,154 in Hazard Mitigation Grant Program funds for a Weather Radio project (L1183-13)

Agreements and Contracts

• Authorization to execute an agreement with the Internal Revenue Service for Volunteer Income Tax Assistance (VITA) through the CKEEP program in partnership with United Way of the Bluegrass (L1184-13)

• Authorization to execute a lease agreement with James R. Kemper for property at 951 Enterprise Drive to relocate Sewer Line and Pump Station Maintenance sections in the Division of Water Quality for $86,592.96 (L1187-13)

• Authorization to execute agreements with utility providers—Kentucky Utilities, Windstream Communications, Kentucky American Water Company, Columbia Gas of Kentucky, and Time Warner Cable—for relocation related to Section II of the Todds/Liberty Road Improvement Project for $1,418,162.32 (L1195-13)

• Authorization to execute a Release of Easement for property at 1000 Export Street (L1196-13)

Ordinance and Fund Amendments

• Authorization to amend Ordinance 148-2012 to change the oversight agency for the 21c Tax Increment Financing (TIF) district and execute a Letter of Agreement with the state (L1205-13)

• Authorization to withdraw the Lexington Distillery District Incremental Tax Special Fund (L1206-13)

Public Comment

Council members raised several topics during the public comment period:

Hazard Mitigation and Emergency Preparedness

Council Member Farmer emphasized the need for a tornado safe room at the Versailles Road Shelter, citing the vulnerability of the current sheet metal structure. The project requires a local match of $3,827 for the $29,435 Hazard Mitigation Grant. 2:02

Council Member Massadi questioned the effectiveness of weather radios for mobile home park residents, noting that sirens are outdoor-only and may not alert people indoors. 3:34

Tax Increment Financing (TIF) Matters

Council Member Akers sought clarification on the transfer of 21c TIF oversight from the Lexington Downtown Development Authority to the Department of Finance, requesting explanation of the rationale and process. 5:53

Council Member Ellinger requested information on the future of the withdrawn Lexington Distillery District TIF, including next steps and developer engagement. 9:20

Council Member Akers raised concerns about TIF activation and compliance, questioning how a TIF could be approved without a development plan and remain inactive for four years, expressing worry about the city's reputation and adherence to state requirements. 12:44

Veterans Recognition

Council Member Massadi praised the 400 veteran employees at LFUCG and shared a personal story about her daughter, a female weightlifter, to highlight nontraditional roles among women. 20:19

Council Member Lawless honored military families and expressed appreciation for their sacrifices, particularly those who relocate frequently due to military assignments. 23:51

Transportation and Community Updates

Council Member Ford announced that West 4th Street between Jefferson and Newtown Pike is now open to two-way traffic and commended Commissioner Paulson and the Transportation Cabinet for their work. 22:39

Council Member Rakers announced several upcoming neighborhood meetings and thanked the Vice Mayor for speaking at a Veterans Day event in place of the mayor. 26:05

Contested Items

Withdrawal of Lexington Distillery District TIF

The council faced a split vote on the withdrawal of the Lexington Distillery District Tax Increment Financing (TIF) district. The TIF had not been activated within the required four-year timeframe, triggering the withdrawal process. The core dispute centered on the city's oversight mechanisms and the developer's failure to meet activation requirements, which included completing $20 million in capital expenditures. Council members were divided on whether the withdrawal should proceed, reflecting disagreement about how to handle the failed development initiative and what consequences should follow.

TIF Activation and Development Planning

A heated discussion emerged regarding the approval and management of the TIF without an accompanying development plan. Council members questioned the fundamental process that had allowed the TIF to be approved and then remain inactive for years without triggering earlier intervention. This contentious debate raised broader concerns about municipal accountability and the city's ability to ensure developers meet their obligations. Additionally, council members expressed worry about the implications for the city's future eligibility for state funding, suggesting that the mismanagement of this TIF could jeopardize access to financing for other projects. The discussion highlighted systemic issues in how TIFs were being vetted, approved, and monitored throughout their lifecycle.

Public Comment – Issues on Agenda

0:00

No public comments were made during this portion of the meeting. The public comment period for issues on the agenda proceeded without any members of the public offering remarks or input on the scheduled agenda items.

Requested Rezonings / Docket Approval

No requested rezonings or docket approvals were presented during this agenda item.

Approval of Summary

The summary of the work session was presented for approval. 1:00

Motion and Vote

Gorton moved to approve the summary, and Mossotti seconded the motion. The summary was approved without dissent.

Outcome

The approval passed unanimously.

Budget Amendments

No budget amendments were presented during this agenda item. The work session summary indicated that no amendments were brought forward for consideration at this meeting.

New Business

2:02

A series of new business items were presented during this agenda section, including authorizations for federal grants, contracts, lease agreements, and Tax Increment Financing (TIF) amendments.

Key speakers during this segment included Farmer, Massadi, Akers, Ellinger, Ford, and Lawless.

All new business items presented were approved unanimously following discussion among the board members.

Continuing Business / Presentations

9:20

The Neighborhood Development Funds were presented and approved during this agenda item. The funds were allocated across multiple community priorities, including traffic safety, cultural events, school projects, and park improvements.

Key speakers in this discussion included Ellinger, Akers, Ford, and Paulson.

Following the approval of the Neighborhood Development Funds, the group engaged in discussion regarding the future of the withdrawn Distillery District TIF (Tax Increment Financing). The specific concerns raised and details of this discussion were not detailed in the available information.

The outcome of this agenda item was approval of the Neighborhood Development Funds allocation.

Council Reports

During this agenda item, council members presented several reports covering employee recognition, community outreach, infrastructure matters, and upcoming public engagement 20:19.

Key Presentations and Announcements

The reports included recognition of veteran employees for their service. Council members also discussed public outreach efforts related to the Design Excellence Task Force and provided infrastructure updates to the body.

Announcements were made regarding upcoming neighborhood meetings to engage residents on various matters.

Committee Action

A motion was brought forward to place rehabilitation home oversight into the Public Safety Committee. This motion passed.

Speakers

Reports were delivered by council members Massadi, Kay, Ford, Lawless, and Rakers.

Outcome

The Council Reports agenda item was approved.

Mayor's Report

No mayor's report was presented at this meeting. This agenda item was listed but did not proceed as scheduled.

Public Comment – Issues Not on Agenda

No public comments were made on issues not on the agenda during this meeting. The meeting proceeded directly to adjournment following this agenda item.