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Council Work Session

December 10, 2013 · 7,956 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on December 10, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Gray presiding. The council addressed nine agenda items during the meeting, including public comment periods, rezoning requests, budget amendments, and various business matters. The body took 31 votes and heard 6 public comments from residents. All substantive agenda items—including requested rezonings, budget amendments, new business, continuing business presentations, and the mayor's report—were approved by the council.

Attendance

The following individuals were present at the meeting on December 10, 2013:

  • Mayor Gray
  • Council Member Akers
  • Council Member Beard
  • Council Member Farmer
  • Council Member Ford
  • Council Member Gorton
  • Council Member Henson
  • Council Member Kay
  • Council Member Lawless
  • Council Member Massadi
  • Council Member Mossotti
  • Council Member Scutchfield
  • Council Member Stinnett
  • Council Member Myers
  • Council Member Clark
  • Council Member Ellinger
  • Council Member Kent
  • Council Member Hansen
  • Council Member Kaye

No council members were absent or late.

Votes and Decisions

Docket and Agenda Items

The Council approved the docket for the December 5, 2013 Council meeting by voice vote 2:00. Motion by Scutchfield, seconded by Gorton.

Parking and Traffic Matters

A motion to place on the docket a resolution endorsing increased parking fines for several offenses passed by voice vote 2:32. Motion by Myers, seconded by Lawless.

A motion to amend the parking fines resolution to place it in the Budget & Finance Committee for full discussion passed by roll call vote with 13 ayes and 2 nays 3:08. Motion by Gorton, seconded by Beard. Voting in favor: Gorton, Ellinger, Kay, Ford, Lawless, Beard, Farmer, Stinnett, Scutchfield, Mossotti, Clarke, Henson, and Lane. Voting against: Akers and Myers.

A motion to place on the docket a resolution authorizing multiway stop controls at Clyde Street and Texaco Road passed by voice vote 4:10. Motion by Akers, seconded by Ford.

A motion to place on the docket a resolution authorizing traffic calming speed controls on Huston Alley passed by voice vote 4:45. Motion by Ford, seconded by Kay.

A motion to place on the docket a resolution establishing a Residential Parking Permit Program for the 500 Block of Stratford Drive passed by voice vote 5:35. Motion by Clarke, seconded by Farmer.

Child Care Funding

A motion to place on the docket a resolution urging the Commonwealth of Kentucky to reconsider cuts to Child Care Assistance Funding passed by voice vote 3:40. Motion by Myers, seconded by Clarke.

A motion to request the Department of Social Services to begin the process of pursuing an economic impact analysis on childcare funding cuts passed by voice vote 36:05. Motion by Ford, seconded by Ellinger.

Administrative and Financial Approvals

The Council approved the November 19, 2013 work session summary by voice vote 25:22. Motion by Beard, seconded by Myers, with a requested correction that the fourth motion on page one should reference "economic impact study."

Budget amendments were approved by voice vote 25:55. Motion by Gorton, seconded by Ellinger.

The Debt Management Policy was recommended for Council adoption by voice vote 39:58. Motion by Ellinger, seconded by Gordon.

The Mayor's Report was approved by voice vote 56:12. Motion by Gorton, seconded by Farmer.

The meeting adjourned by voice vote 56:12. Motion by Stinnett, seconded by Ellinger.

Budget and Financial Actions

The following financial actions and agreements were approved:

Lease and Facility Agreements

  • Lease Agreement (L1312-13): $1,262.88 with the Kentucky Office of Vocational Rehabilitation for space within the Central Kentucky Job Center
  • Facility Usage Agreement (L1323-13): $891.38 with the Fayette County Board of Education for use of Norsworthy Auditorium for the Kiddie Kapers Program

Insurance and Medical Services

  • Claims Payment Agreement (L1333-13): Humana Insurance Company for health insurance plans covering January 1, 2014 through December 31, 2014 (amount not specified)
  • Business Associate Agreement (L1306-13): Authorization to execute agreement with Nancy Horn, Medical Compliance Consultant for LDFES (amount not specified)
  • Business Associate Agreement (L1307-13): Authorization to execute agreement with Ryan Stanton, MD, Medical Director for LDFES (amount not specified)

Infrastructure and Design Services

  • Investigation/Design Services Agreement (L1334-13): $204,012 with HDR, Inc. for Town Branch WWTP Solids Processing Improvements
  • Easement Authorization (L1319-13): Authorization to accept deeds of easement for Perimeter Park Stormwater Improvements Project (no budgetary impact)

Housing and Community Development

  • Second Amendment to CHDO Agreement (L1332-13): $28,264.50 with Fayette County Local Development Corporation (Urban League) for use of HOME Investment Partnerships Funds

Grant Extensions

  • Metropolitan Medical Response System Project Extension (L1335-13): Extension of performance period through August 31, 2014 with the Kentucky Office of Homeland Security (no budgetary impact)

Public Comment

Council members addressed several topics during the public comment period:

Handicap Parking Violations 42:49 Council Member Hansen reported on work by the Commission for Citizens with Disabilities regarding parking violations in handicapped spaces. Hansen moved to place the issue in the Budget & Finance Committee for further review.

Nelson Mandela's Passing 43:57 Council Member Ford honored the passing of former South African President Nelson Mandela, recognizing him as a global symbol of freedom, justice, and equality.

Canopy Removal 45:32 Council Member Farmer inquired about the removal of the canopy over the front door. The inquiry revealed that the canopy was removed due to structural instability, and replacement options are currently being evaluated.

Mayoral Portraits 48:57 Council Member Farmer commented on the hanging of the third of four mayoral portraits, featuring Thomas G. Mooney. Farmer expressed appreciation for the historical display.

University of Kentucky Leadership Changes 52:17 Vice Mayor Gordon announced two appointments at the University of Kentucky, effective January 1, 2014: Molly Davis as the new Arboretum Director and Nancy Cox as the new Dean of the College of Agriculture, Food, and Environment.

Legislative Aide Appreciation 55:07 Council Member Clark expressed gratitude for Jonathan Hollinger, who is leaving to join the Department of Planning. Clark praised Hollinger's contributions to the council.

Appointments

The following appointments were made during this meeting:

  • Molly Davis was appointed to the position of Arboretum Director.
  • Nancy Cox was appointed to the position of Dean of the College of Agriculture, Food, and Environment.

Contested Items

TIF Agreement with Centerpoint for Phoenix Park Courthouse

The council discussed a Tax Increment Financing (TIF) agreement with Centerpoint for the Phoenix Park Courthouse project. While the motion ultimately passed unanimously, the vote masked significant underlying concerns among council members. The primary point of contention centered on the precedent-setting requirement for a bond to ensure project reclamation. Council members expressed concerns about protecting the city from stalled developments and the need to ensure future accountability from developers. The debate reflected tension between supporting economic development projects and establishing safeguards to prevent the city from bearing the financial burden if developments fail to proceed as planned.

Distillery District TIF Withdrawal

Council Member Akers raised procedural concerns regarding the withdrawal of the TIF application for the Distillery District project. Akers requested a formal report on discussions between the city, the developer, and the state regarding the withdrawal. The core dispute involved questions about the timing of the withdrawal and whether it complied with applicable state conditions. This item highlighted disagreement over transparency and proper procedure in handling TIF-related matters, with Akers seeking documentation and clarity on how the withdrawal process was managed and what conditions or requirements governed it.

Public Comment – Issues on Agenda

2:00

No members of the public signed up to provide comment on issues appearing on the agenda. As a result, this portion of the meeting proceeded without public testimony, and the meeting moved forward to the next agenda item.

Requested Rezonings/Docket Approval

2:32

Multiple motions were made during this agenda item to place various resolutions on the docket for the December 5, 2013 Council meeting. The resolutions addressed several policy areas, including parking fines, child care funding, traffic controls, and zoning waivers.

Key speakers on this item included Scutchfield, Myers, Gorton, Akers, Ford, Clarke, Farmer, and Massadi.

All motions presented during this discussion passed without dissent or were approved by voice vote. No specific concerns or objections were raised during the consideration of these resolutions.

Outcome: The requested rezonings and docket items were approved for placement on the December 5, 2013 Council meeting agenda.

Approval of Summary

The November 19, 2013 work session summary was presented for approval 25:22.

Key speakers Beard and Massati addressed this agenda item. During the discussion, a minor correction was requested regarding the fourth motion on page one of the summary document.

The summary was approved following this correction.

Budget Amendments

The council considered budget amendments during this portion of the meeting. 25:55

Key Speakers

Gorton and Ellinger were the primary speakers on this agenda item.

Content and Outcome

The budget amendments included transfers to cover utility costs and donations to community centers. The motion to approve the amendments passed without dissent.

New Business

New business was brought before the council at approximately 00:29:41 in the meeting.

Discussion and Concerns

Council Member Beard raised concerns about coordination between departments and developers, which prompted broader discussion among council members about oversight roles and responsibilities. The discussion involved Council Members Beard, Graham, and Atkins, as well as Paulson.

Outcome

New business was approved by the council.

Continuing Business/Presentations

During this agenda item, the council received several presentations and updates on ongoing initiatives and committee work. 34:00

Presentations Delivered

The following topics were presented to the council:

  • Neighborhood Development Funds update
  • Social Services & Community Development Committee summary
  • Budget & Finance Committee summary

Key Speakers

Ellinger and Ford delivered the presentations during this segment, with Ellinger providing multiple updates.

Outcome

All items presented during this section were approved by the council.

Council Reports

During this informational segment, council members provided updates on several municipal matters.

Key Speakers and Topics

Council members Hansen, Ford, Farmer, Gordon, and Clark each contributed to the reports. The updates covered three primary areas:

  • Appointment of new university leadership
  • Removal of the front canopy
  • Hanging of mayoral portraits

Outcome

This agenda item was informational in nature, with council members sharing updates rather than taking formal action or votes. 42:49

Mayor's Report

The Mayor's Report was presented as agenda item VIII during the meeting. 56:12

Key speakers included Gorton and Farmer.

The report was approved without discussion.

Public Comment – Issues Not on Agenda

56:12

No members of the public signed up to provide comment on issues not on the agenda. As a result, this portion of the meeting was not utilized, and the meeting proceeded to adjournment.

Decisions

  • Motion — passed: Motion to approve the docket for the December 5, 2013 Council meeting
  • Motion — passed: Motion to place on the docket a resolution endorsing increased parking fines for several offenses
  • Motion — passed (13-2): Motion to amend the parking fines resolution to place it in the Budget & Finance Committee for full discussion
  • Motion — passed: Motion to place on the docket a resolution urging the Commonwealth of Kentucky to reconsider cuts to Child Care Assistance Funding
  • Motion — passed: Motion to place on the docket a resolution authorizing multiway stop controls at Clyde Street and Texaco Road
  • Motion — passed: Motion to place on the docket a resolution authorizing traffic calming speed controls on Huston Alley
  • Motion — passed: Motion to place on the docket a resolution establishing a Residential Parking Permit Program for the 500 Block of Stratford Drive
  • Motion — passed: Motion to approve the November 19, 2013 work session summary
  • Motion — passed: Motion to approve budget amendments
  • Motion — passed: Motion to approve new business
  • Motion — passed: Motion to remove item cc from new business
  • Motion — passed: Motion to approve Neighborhood Development Funds
  • Motion — passed: Motion to support the Division of Water Quality recommendation of the change order process
  • Motion — passed: Motion to authorize the Administration to use MAP funds to repair the Elm Tree Lane sidewalk
  • Motion — passed: Motion to refer the issue of HOA rights and foreclosure laws to the Planning Committee
  • Motion — passed: Motion to place on the docket a resolution authorizing and directing the mayor to execute an expansion area development exaction agreement with Anderson Ramsey, LLC and Providence Business Center, LLC
  • Motion — passed: Motion to place on the docket a resolution approving a waiver for the landscape ordinance at 2349 Richmond Road
  • Motion — passed: Motion to place on the docket a resolution authorizing and directing the mayor to execute a memorandum of understanding with Southland Christian Church for use of church property during construction of the Senior Citizen Center at Idle Hour Park
  • Motion — passed: Motion to place on the docket a resolution authorizing the mayor to execute a line extension agreement with Columbia Gas for expansion of the natural gas line at 669 Bird Thurman Drive
  • Motion — passed: Motion to place ordinance number nine on the docket without a public hearing
  • Motion — passed: Motion to place ordinance number eight on the docket without a public hearing
  • Motion — passed: Motion to place on the docket a resolution authorizing the mayor to execute a conditional restoration agreement with Centerpoint Vertical LLC, Fayette Land Company, LLC, Centerpoint Parking Company, LLC, and affiliates for the Phoenix Park Courthouse project
  • Motion — passed: Motion to approve the November 19, 2013 work session summary
  • Motion — passed: Motion to approve budget amendments
  • Motion — passed: Motion to approve new business
  • Motion — passed: Motion to approve Neighborhood Development Funds
  • Motion — passed: Motion to request the Department of Social Services to begin the process of pursuing an economic impact analysis on childcare funding cuts
  • Motion — passed: Motion to recommend that the Council adopt the Debt Management Policy
  • Motion — passed: Motion to place in the Budget & Finance Committee the item of handicap parking violations and parking space and signage
  • Motion — passed: Motion to approve the Mayor's Report
  • Motion — passed: Motion to adjourn