Urban County Council

Summary

Meeting Overview

The Lexington-Fayette Urban County Council held a meeting on December 10, 2013, at 6:00 p.m. in the Council Chambers located at 200 E. Main Street, Lexington, Kentucky 40507. Mayor Gray presided over the session, which included 10 agenda items, 10 motions and votes, and 6 public comments.

All 10 items on the agenda were approved during the meeting. These included a presentation recognizing AcoUstiKats; amendments to the zoning ordinance for the Neighborhood Business (B-1) Zone; a zone change from R-3 to P-2 at 920 Citation Boulevard; approval of Lexington Streetscape Phase One Improvements; 2014 General Term Orders for the Fayette County Clerk and Sheriff; authorization for an Emergency Care Unit for the Division of Fire and Emergency Services; approval of Idle Hour Park demolition and football field construction; funding for literacy and community programs; a Conditional Restoration Agreement for the Phoenix Park/Courthouse Project; and a waiver request from Southland Christian Church.

Attendance

Present: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lawless, Massadi, Myers, Scutchfield, Stinnett, Akers, Beard, Clark

Absent: Lane

Late: None

Votes and Decisions

Ordinance 1292-13 – Amending Section 21-5(2) of the Code of Ordinances to abolish one Safety Officer position and create one School Crossing Guard Coordinator position in the Division of Police. Motion by Gorton, seconded by Akers. Passed 14-0 on roll call vote. 18:45

Ordinance 1331-13 – Changing zone from Planned Neighborhood Residential (R-3) to Office, Industry and Research Park (P-2) for property at 920 Citation Blvd. Motion by Akers, seconded by Clark. Passed 11-0 on roll call vote on first reading. 19:52 Voted against: Ford, Henson. Voted for: Ellinger, Farmer, Gorton, Kay, Lawless, Massadi, Myers, Scutchfield, Stinnett, Akers, Clark. The same ordinance passed again on second reading 11-0 with identical voting. 1:56:00

Resolution 1313-13 – Accepting bid of E.C. Matthews Co., Inc. for Lexington Streetscape Phase One Improvements, Site Amenities - South Limestone and Vine Streets. Motion by Ellinger, seconded by Scutchfield. Passed 14-0 on roll call vote. 22:46

Resolution 1286-13 – Authorizing the Mayor to execute 2014 General Term Orders for the Fayette County Clerk and Sheriff. Motion by Ellinger, seconded by Scutchfield. Passed 14-0 on roll call vote. 26:19

Resolution 1344-13 – Accepting bid of Excellance, Inc. for Emergency Care Unit for the Division of Fire and Emergency Services. Motion by Henson, seconded by Beard. Passed 14-0 on roll call vote. 43:47

Resolution 1351-13 – Accepting bid of Lagco, Inc. for Idle Hour Park Demolition and Football Field Construction. Motion by Henson, seconded by Beard. Passed 14-0 on roll call vote. 45:17

Resolution 1360-13 – Authorizing agreements with Carnegie Center for Literacy and Learning, Bluegrass Community Foundation, and Central Kentucky Radio Eye, Inc. Motion by Henson, seconded by Beard. Passed 14-0 on roll call vote. 47:45

Resolution 1372-13 – Authorizing conditional restoration agreement for Phoenix Park/Courthouse Project (Centrepointe). Motion by Lawless, seconded by Akers. Passed 14-0 on roll call vote. 43:47

Resolution 1365-13 – Approving waiver request from Southland Christian Church from Richmond Road Landscape Ordinance. Motion by Henson, seconded by Beard. Passed 14-0 on roll call vote. 47:45

Budget and Financial Actions

The meeting approved the following financial actions and contracts:

Construction and Infrastructure Contracts

• Lexington Streetscape Phase One Improvements for site amenities at South Limestone and Vine Streets: $865,000 to E.C. Matthews Co., Inc. (Resolution 1313-13)
• Kitchen Floor Replacement at Community Corrections: $224,900 to Mitchell Construction Management, Inc. (Resolution 1344-13)
• Idle Hour Park Demolition and Football Field Construction: $366,541 to Lagco, Inc. (Resolution 1351-13)
• Town WWTP Solids Processing Improvements: $204,012 to HDR, Inc. (Resolution 1335-13)

Public Safety Equipment Contracts

• Emergency Care Unit for the Division of Fire and Emergency Services: price contract with Excellance, Inc. (Resolution 1344-13)
• Purchase of FAST ballistic helmets and up-armor side covers: sole source contract with Ops-Core, Inc. (Resolution 1301-13)

Grants from Kentucky Office of Homeland Security

• Public Safety Dive Team equipment: $30,000 (Resolution 1279-13)
• Rescue watercraft for Division of Fire and Emergency Services: $48,000 (Resolution 1284-13)
• Equipment for Hazardous Devices Unit: $86,000 (Resolution 1304-13)

Agreements and Loans

• Extension of Metropolitan Medical Response System (MMRS) Project with Kentucky Office of Homeland Security: no cost agreement (Resolution 1335-13)
• Claims Payment Agreement with Humana Insurance Company for health insurance plans covering January 1, 2014 through December 31, 2014 (Resolution 1334-13)
• Assistance Agreement with Kentucky Infrastructure Authority for Trunk Sewer Projects (Bundle 1): $10,194,421 loan (Resolution 1274-13)
• Assistance Agreement with Kentucky Infrastructure Authority for Stormwater Improvements Projects (Bundle 3): $4,657,640 loan (Resolution 1275-13)
• Assistance Agreement with Kentucky Infrastructure Authority for Expansion Area 2A Pump Station and Force Main Project: $6,000,000 loan (Resolution 1277-13)

Public Comment

Several speakers addressed the council on matters related to a zone change proposal and other agenda items.

Zone Change at 920 Citation Boulevard

Akers inquired about the identity and concerns of objectors to the proposed zone change at 920 Citation Blvd. 31:09. He noted that objectors were primarily concerned about the development plan, buffering, and the size of the facility.

Farmer expressed concern about the lack of public opportunity to voice objections to the zone change, particularly given that the property is city-owned and the transaction benefits the city directly. 1:30:16

Gorton asked whether the council could set a public hearing date to allow objectors to be heard, even if the second reading of the zone change is approved. 1:36:54

Lawless clarified that objections were directed at the development plan rather than the zone change itself, and noted that the council can address such concerns through the Planning Commission. 1:51:50

Streetscape Project

Scutchfield asked about the types of site amenities included in the $865,000 bid for the Lexington Streetscape Phase One project, seeking assurance that bike racks and benches would be included. 37:11

Kitchen Floor Replacement Bid

Massadi questioned why the bid for the kitchen floor replacement was significantly lower than the original estimate. 41:10 Staff explained the discrepancy by noting revised specifications for the project.

Appointments

The following appointments were ratified:

• Melinda Weathers – Division of Police
• Billy Prater – Division of Water Quality
• Mark Caton – Division of Facilities and Fleet Management
• Eileen O'Donnell – Department of Law
• Tamarah Gross – Division of Revenue
• Evelyn Mace – Division of Community Corrections
• Carolyn Janssen – Division of Human Resources
• Mike Osumenya – Division of Human Resources
• Philip Scott Thompson – Division of Planning

The following conditional offers were extended:

• Erica Butler – Division of Police
• Christina Wood – Division of Police
• Kim Kammer – Division of Police
• Jonathan Hollinger – Department of Planning, Preservation and Development

Contested Items

Second Reading of Ordinance 1331-13

A heated discussion arose during consideration of the second reading of Ordinance 1331-13, which involved a zone change for 920 Citation Boulevard. Council members debated whether to suspend the rules and proceed with the second reading despite significant procedural and substantive concerns.

The core disagreement centered on several issues:

• Public Input and Hearing: Objectors raised concerns about the lack of a public hearing on the matter, questioning whether adequate opportunity for public input had been provided before advancing the ordinance.

• Timing and Process: Council members expressed concerns about the timing of the vote and whether suspending the rules to grant second reading was appropriate given the circumstances.

• City's Role as Landowner: Questions were raised about the city's position as a landowner in relation to the zone change, raising potential conflicts of interest or governance concerns.

The discussion reflected tension between moving forward with the ordinance and ensuring proper procedural safeguards and public participation in the decision-making process. Council members were divided on whether the procedural shortcuts and lack of public hearing were acceptable given the nature of the zone change proposal.

The nature of the debate indicated fundamental disagreement about governance priorities—specifically, whether efficiency in processing the ordinance should take precedence over comprehensive public engagement and adherence to standard procedures for land-use decisions.

Presentation - Recognizing AcoUstiKats

The council recognized the AcoUstiKats, a University of Kentucky a cappella group, for their appearance on NBC's The Sing-Off. 6:36

The presentation featured members of the AcoUstiKats and their coach, Nick Johnson, who were introduced to the council. A video of their performance was shown during the meeting.

Key speakers included Ellinger, Johnson, and Clark.

The outcome of this agenda item was approved.

Amending Zoning Ordinance for Neighborhood Business (B-1) Zone

Ordinance 1289-13 proposed amendments to Articles 1, 8, and 12 of the Zoning Ordinance to modify permitted uses in the Neighborhood Business (B-1) zone.

Key Speakers

The discussion was led by Gorton and Akers.

Outcome

The motion to approve the ordinance passed unanimously. 18:45

Changing Zone from R-3 to P-2 at 920 Citation Blvd.

Agenda Item 1331-13

A motion was brought before the council to change the zoning classification for 15.91 net acres at 920 Citation Blvd. from Planned Neighborhood Residential (R-3) to Office, Industry and Research Park (P-2) 19:52.

Discussion and Concerns

The council discussion involved several members, including Akers, King, Gorton, Lawless, Kay, and Beard. During deliberation, council members addressed concerns raised by objectors to the proposed zoning change. Additionally, questions and discussion centered on the development plan for the property, with members examining details of how the rezoned land would be utilized under the P-2 classification.

Outcome

The motion to rezone the property passed with 11 council members voting in favor and 2 voting in opposition. The zoning change from R-3 to P-2 was approved.

Lexington Streetscape Phase One Improvements

The council approved a bid for the Lexington Streetscape Phase One Improvements project 22:46. The bid, submitted by E.C. Matthews Co., Inc., totaled $865,000 and covers the completion of site amenities on South Limestone and Vine Streets.

During the discussion, council members Scutchfield and Martin inquired about the specific types of amenities that would be included in the project. The council ultimately approved the bid as presented.

Outcome: The resolution was approved.

2014 General Term Orders for Fayette County Clerk and Sheriff

Resolution 1286-13

The council approved the 2014 General Term Orders for the Fayette County Clerk and Sheriff 26:19. These orders authorize staffing and compensation limits for both offices in the coming year.

Discussion

Key speakers Mossotti and O'Mara addressed the council during consideration of this item. Staff clarified the council's role in the process of establishing these general term orders, ensuring members understood their responsibilities and authority in approving the staffing and compensation parameters for the Clerk and Sheriff's offices.

Outcome

The resolution was approved.

Emergency Care Unit for Div. of Fire and Emergency Services

Resolution 1344-13 43:47

The body accepted a bid from Excellance, Inc. for a price contract to provide an Emergency Care Unit for the Division of Fire and Emergency Services.

Key Speakers - Henson - Beard

Outcome

The resolution passed unanimously and was approved.

Idle Hour Park Demolition and Football Field Construction

45:17

The council considered Resolution 1351-13 regarding the demolition of Idle Hour Park and construction of a football field at the site.

Bid Acceptance

The council accepted a bid from Lagco, Inc. in the amount of $366,541 to demolish Idle Hour Park and construct a football field.

Key Speakers

Henson and Beard participated in the discussion of this agenda item.

Outcome

The resolution passed unanimously.

Funding for Literacy and Community Programs

The meeting addressed Resolution 1360-13, which authorized agreements with three organizations to support literacy and community programs. 47:45

Organizations and Funding

The resolution approved funding agreements with: - Carnegie Center for Literacy and Learning - Bluegrass Community Foundation - Central Ky. Radio Eye, Inc.

The total cost for these agreements was not to exceed $3,660.

Key Speakers

Henson and Beard were the primary speakers on this agenda item.

Outcome

The resolution was approved.

Conditional Restoration Agreement for Phoenix Park/Courthouse Project

The meeting addressed a conditional restoration agreement for the Phoenix Park/Courthouse Project 43:47. The resolution (1372-13) sought approval of a conditional restoration agreement with three entities: Centrepointe Vertical, LLC, Fayette Land Co., LLC, and Centrepointe Parking Co., LLC.

Key speakers on this agenda item included Lawless and Akers, who presented and discussed the proposal with the body.

The resolution was approved by the meeting participants.

Waiver Request from Southland Christian Church

The council considered a waiver request from Southland Christian Church from the Richmond Rd. Landscape Ordinance for the property located at 2349 Richmond Rd. 47:45

Key speakers on this matter included Henson and Beard.

The waiver request was approved by the council.