Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on January 16, 2014, at 6:00 p.m. in the Council Chambers located at 200 E. Main Street, Lexington, Kentucky 40507, with Vice Mayor Gorton presiding. The council addressed 23 agenda items during the meeting, taking 21 motions and votes. The meeting included one public comment and one presentation recognizing Marie Armbruster.

The council approved multiple ordinances and resolutions, including measures related to zoning changes, budget amendments, and a comprehensive debt management policy. Several zoning ordinances were approved, including modifications to conditional zoning restrictions and a zone change for agricultural and business properties. The council also approved budget amendments (Schedule No. 37) and adopted a new Comprehensive Debt Management Policy for the Urban County Government.

Additionally, the council approved three resolutions accepting construction bids totaling over $3.5 million, including projects for sports field irrigation ($49,000), sewer replacement ($2,346,342.10), and wastewater system improvements ($1,196,338). The council authorized various agreements and grants, including Neighborhood Action Match Grant Program contracts totaling $64,988 across 11 neighborhood associations, an Adopt-A-Spot Program agreement, and a $200,000 Environmental Protection Agency grant application for courthouse remediation.

Several ordinances received first readings, including measures to adjust taxicab driver permit fees, modify positions within the Division of Water Quality, and appropriate additional municipal funds (Schedule No. 38). The council also approved a civil service probationary appointment and authorized agreements for electronic monitoring services and neighborhood improvement programs. Communications from the Mayor were presented for both action and informational purposes.

Attendance

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

Absent: Lane

Late: None

Votes and Decisions

Ordinances Passed

The council unanimously approved three ordinances on second reading 13:54:

• Ordinance 1330-13: Zoning change for properties at 760 and 789 Newtown Springs Dr., and 1443 and 1445 Newtown Center Way from A-U, B-6p, and B-1 to modified conditional restrictions. Motion by Farmer, seconded by Myers. Vote: 14-0. Conditional approval with objectors to be heard by February 19, 2014.

• Ordinance 1366-13: Amendment of budgets to reflect current municipal expenditures and re-appropriation of funds, Schedule No. 37. Motion by Farmer, seconded by Myers. Vote: 14-0.

• Ordinance 1371-13: Adoption of a Comprehensive Debt Management Policy for the Lexington-Fayette Urban County Government. Motion by Farmer, seconded by Myers. Vote: 14-0.

First Readings

Five ordinances received first reading with no recorded votes:

• Ordinance 0011-14: Zoning change from A-U to B-1 for property at 3939 Tates Creek Rd. 14:57. Approval 6-3; to be heard by March 19, 2014.

• Ordinance 0012-14: Zoning change from R-3 and P-1 to B-1 for properties at 1009 and 1017 Wellington Way 15:47. Conditional Approval 8-1; public hearing scheduled for February 11, 2014.

• Ordinance 0013-14: Zoning change from A-U to R-3 and P-1 for property at 3581 Harrodsburg Rd. 14:57. Approval 9-0; to be heard by March 19, 2014.

• Ordinance 1356-13: Amendment increasing taxicab driver permit fee from $20 to $25 annually 15:47.

• Ordinance 0014-14: Personnel position changes in the Division of Water Quality 16:28. Appropriating funds via Schedule No. 39; effective upon passage.

• Ordinance 0043-14: Budget amendment reflecting current expenditures and re-appropriating funds, Schedule No. 38 16:28.

Resolutions and Appointments

The council unanimously approved multiple second-reading resolutions 25:30, including bids for construction projects, grant applications, and service agreements. One resolution (0004-14) authorizing Neighborhood Action Match Grant Program contracts passed 13-0 with one abstention, after amendment to remove the Headley Green Homeowners Association allocation.

The council unanimously approved police disciplinary actions 51:13 and mayoral board and commission appointments 46:55.

Budget and Financial Actions

The meeting approved the following contracts and grants:

Construction and Infrastructure Projects

• Shillito Sports Field Irrigation project (Resolution 1352-13): $49,000 to JRJ Contracting, LLC
• Bob-O-Link Trunk Sewer Replacement Project (Resolution 0018-14): $2,346,342.10 to Free Contracting, Inc.
• Expansion Area 2A Wastewater System Improvements Contract 3 - Gravity Sewer Construction (Resolution 0033-14): $1,196,338 to Schroeder Construction, Inc.

Design and Professional Services

• Design services for Replacement Senior Citizens Center (Resolution 0010-14): $158,965 to EOP Architects, PSC
• Phase A Design Services for Replacement Fire Station #2 (Resolution 0009-14): $64,880 to Brandstetter Carroll, Inc.

Community and Municipal Services

• Facility usage agreement for Opera House for Kiddie Kapers (Resolution 0002-14): $8,100 to Lexington Center Corp.
• Electronic monitoring services and equipment for Division of Community Corrections (Resolution 0016-14): $25,000 to Corrisoft, LLC
• Inventory specialist services (Resolution 0005-14): $32,000 to Omnisource Integrated Supply, LLC

Grants and Community Programs

• Neighborhood Action Match Grant Program for 10 associations (Resolution 0004-14): $64,988 to Ashland Neighborhood Association, Aylesford Place Association, Inc., Dove Creek Townhome Owner's Association, Gratz Park Neighborhood Association, Masterson Station Neighborhood Association, Inc., Northside Neighborhood Association, Pinnacle Homeowners Association, Inc., Radcliffe-Marlboro Neighborhood Association, Stonewall Equestrian Estates Association, Inc., and WGPL Neighborhood Association
• Adopt-A-Spot Roadway Cleanup Program for 23 organizations (Resolution 0005-14): $26,278.33
• Class A (Neighborhood) Incentive Grant for Stormwater Quality Projects (Resolution 0007-14): $46,640.48 to Waterford II Neighborhood Association, Inc.
• Grant application to EPA for environmental remediation at Fayette County Courthouse (Resolution 0008-14): $200,000 to Environmental Protection Agency

Public Comment

49:03

Bernard McCarthy addressed the board regarding the Civic Center redevelopment project and public spending priorities. Mr. McCarthy expressed concern about the allocation of large sums of public money toward rebuilding the Civic Center. He argued that this spending primarily benefits wealthy residents while neglecting other essential infrastructure needs. Specifically, Mr. McCarthy highlighted road improvements and affordable public access as areas that deserve greater public investment but are being overlooked in favor of the Civic Center project.

Appointments

The following appointments and reappointments to various boards and committees were made:

Agricultural Extension District Board - William E. Hughes was appointed - Frank Penn was reappointed - Thomas F. Rogers, IV was reappointed

Arboretum Advisory Committee - Timothy C. Brooks was reappointed

Downtown Development Authority Board of Directors - Mary E. Wright was appointed

Explorium of Lexington Board of Directors - Aimee B. Miller was appointed - Brent E. O'Neill was appointed

Human Rights Commission - Theresa S. Parks was appointed - Michael Ades was reappointed - LeTonia A. Jones was reappointed

Library Board of Advisors - Jeff C. Binford was reappointed - John K. Bohart was reappointed - Kimberly T. Brennen was reappointed - Don M. Burke was reappointed - David P. Kesling was reappointed - Stephanie L. Nallia was reappointed - Marian M. Sims was reappointed

Lyric Theatre and Cultural Arts Center Board of Directors - Abdul H. Muhammad was reappointed

Neighborhood Action Match Program Review Board - Walter Gaffield was reappointed

Parks and Recreation Advisory Board - Jennifer Scutchfield was appointed

Raven Run Citizens Advisory Board - William J. Baggerman was reappointed - Kathleen Esser was reappointed - Ronan O'Carra was reappointed

Contested Items

Removal of Headley Green Homeowners Association from Neighborhood Action Match Grant

A resolution regarding the Neighborhood Action Match Grant was amended to remove a $7,500 allocation to the Headley Green Homeowners Association. The removal was necessitated by mix-ups in the area plan. The amendment passed by majority vote. Ms. Mossotti recused herself from this vote.

Conditional Offer to Sherry Sever

An amendment was made to remove a conditional offer to Sherry Sever from consideration. According to the record, Ms. Sever had declined the position. The amendment to remove the conditional offer passed unanimously.

Presentation - Recognizing Marie Armbruster

Marie Armbruster, a senior at Lafayette High School, was recognized for her leadership and environmental advocacy work. 7:16

Recognition and Achievements

Armbruster was honored with a Henry Clay Ambassador plaque in recognition of her accomplishments. Her notable achievements include:

• Installing water bottle refill stations in Lexington high schools
• Serving as a student facilitator for the Bluegrass Youth Sustainability Council
• Being selected to the national Youth Advisory Council of Keep America Beautiful

Outcome

The presentation was approved.

Minutes of the December 5 and 10, 2013 Council Meetings

12:49

The council considered the minutes from the December 5 and 10, 2013 council meetings (Agenda Item 0038-14). No discussion took place regarding the minutes.

Mr. Kay moved to approve the minutes, and Mr. Myers seconded the motion. The minutes were approved by unanimous vote.

An Ordinance changing the zone from an Agricultural Urban (A-U), Neighborhood Business (B-1), and Planned Shopping Center (B-6p) zone with conditional zoning restrictions

13:54

This ordinance proposed modifying conditional zoning restrictions for properties zoned Agricultural Urban (A-U), Neighborhood Business (B-1), and Planned Shopping Center (B-6p). The changes would alter existing conditional zoning restrictions while maintaining the underlying zone designations.

Key Speakers

The discussion involved Farmer and Myers.

Outcome

The ordinance was approved by unanimous vote following its second reading. The approval included a condition allowing objectors to be heard by February 19, 2014.

An Ordinance changing the zone from a Planned Neighborhood Residential (R-3) zon

Ordinance 0012-14 proposed rezoning properties located at 1009 and 1017 Wellington Way. The ordinance would change 0.8108 net acres (1.0549 gross acres) from Planned Neighborhood Residential (R-3) zone to Neighborhood Business (B-1) zone, and would change 0.7561 net acres (0.8127 gross acres) from Professional Office (P-1) zone to Neighborhood Business (B-1) zone.

Key speakers on this item included Farmer and Myers 15:47.

The ordinance received first reading during this meeting. Following the first reading, the ordinance was ordered placed on file for public inspection. A public hearing on this matter was scheduled for February 11, 2014, allowing the public an opportunity to comment on the proposed zoning changes before any further action.

The outcome of this agenda item was first reading, with the ordinance proceeding to the next stage of the legislative process.

An Ordinance changing the zone from an Agricultural-Urban (A-U) zone to a Neighborhood Business (B-1) zone

Ordinance 0011-14 proposed rezoning 2.79 net acres (5.05 gross acres) of property located at 3939 Tates Creek Road from an Agricultural-Urban (A-U) zone to a Neighborhood Business (B-1) zone.

Key Speakers

The discussion involved Farmer and Myers.

Outcome

The ordinance was given first reading and ordered placed on file for public inspection. 14:57

An Ordinance changing the zone from an Agricultural-Urban (A-U) zone, to a Planned Neighborhood Residential (R-3) zone

Ordinance Identifier: 0013-14

Property Location: 3581 Harrodsburg Rd.

Proposed Changes: - 3.57 net acres (3.57 gross acres) from Agricultural-Urban (A-U) zone to Planned Neighborhood Residential (R-3) zone - 1.47 net acres (1.77 gross acres) from Agricultural-Urban (A-U) zone to Professional Office (P-1) zone

Key Speakers: Farmer, Myers

Outcome: The ordinance was given first reading and ordered placed on file for public inspection. 14:57

An Ordinance amending Section 18A-11 of the Code of Ordinances to change the annual fee for a taxicab driver's permit

Ordinance 1356-13 proposed to increase the annual fee for a taxicab driver's permit from twenty dollars ($20.00) per year to twenty-five dollars ($25.00) per year, effective upon passage.

Key Speakers

The discussion involved Farmer and Myers.

Outcome

The ordinance was given first reading and ordered placed on file for public inspection. 15:47

An Ordinance amending Sections 21-5(2) of the Code of Ordinances, abolishing two

Identifier: 0014-14

This ordinance proposed amendments to the Code of Ordinances affecting staffing positions within the Division of Water Quality. The measure would abolish the following positions:

• Two (2) positions of Electronics/Computer Controls Specialist, Grade 113N
• One (1) position of Engineering Technician Sr., Grade 113E
• One (1) position of Associate Engineering Technician Principal

In their place, the ordinance would create:

• One (1) position of Program Specialist, Grade 112E
• One (1) position of Microcomputer Support Specialist, Grade 113N
• Two (2) positions of Electrician, Grade 114N

All positions affected are within the Division of Water Quality. The ordinance included an appropriation of funds pursuant to Schedule No. 39 and was set to take effect upon passage by Council.

Discussion and Outcome

The ordinance was discussed by Council members Farmer and Myers 16:28.

The measure received first reading and was ordered placed on file for public inspection. No additional details regarding specific concerns or debate points were documented in the available record.

An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government

Agenda Item 0043-14

This ordinance proposed amendments to the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, with associated appropriations and re-appropriations of funds under Schedule No. 38.

Discussion and Speakers

The agenda item was addressed by Farmer and Myers 16:28.

Outcome

The ordinance was given first reading and ordered placed on file for public inspection.

A Resolution accepting the bid of JRJ Contracting, LLC, in the amount of $49,000

This resolution authorized the acceptance of a bid from JRJ Contracting, LLC in the amount of $49,000 for Shillito Sports Field Irrigation work on behalf of the Division of Parks and Recreation. The resolution also authorized the Mayor to execute an agreement with JRJ Contracting, LLC related to the bid. 25:30

Key speakers on this item included Henson and Clarke.

The resolution was given second reading and approved by unanimous vote after the rules were suspended to allow for expedited consideration.

Outcome: The resolution was approved.

A Resolution accepting the bid of Free Contracting, Inc., in the amount of $2,346,342.10

25:30

This resolution authorized the acceptance of a bid from Free Contracting, Inc. in the amount of $2,346,342.10 for the Bob-O-Link Trunk Sewer Replacement Project, which is under the Division of Water Quality. The resolution also authorized the Mayor, on behalf of the Lexington-Fayette Urban County Government, to execute an Agreement with Free Contracting, Inc. related to the bid.

The resolution received a second reading during the meeting. Key speakers on this item included Henson and Clarke.

The resolution was approved by unanimous vote after the rules were suspended to allow for expedited consideration.

A Resolution accepting the bid of Schroeder Construction, Inc., in the amount of $1,196,338

Resolution 0033-14 concerned the acceptance of a bid from Schroeder Construction, Inc. for wastewater system improvements. The contract, valued at $1,196,338, covers Expansion Area 2A Wastewater System Improvements Contract 3 - Gravity Sewer Construction for the Division of Water Quality. The resolution also authorized the Mayor to execute an agreement with Schroeder Construction, Inc. on behalf of the Urban County Government.

Key speakers on this item included Henson and Clarke 25:30.

The resolution was given second reading during the meeting. Following suspension of the rules, the measure was put to a vote and approved unanimously by the body.

Outcome: Approved

A Resolution authorizing the Div. of Human Resources to make a conditional offer

Resolution 0028-14 authorized the Division of Human Resources to make a conditional offer for a Probationary Civil Service Appointment 25:30.

Key Speakers

The discussion involved Henson, Farmer, Clark, and Ford.

Action Taken

The resolution was amended during the meeting to remove the conditional offer to Sherry Sever. Following this amendment, the rules were suspended and the resolution was approved by unanimous vote.

Outcome

The resolution passed unanimously after the requested modification.

A Resolution authorizing the Mayor, on behalf of the Urban County Government, to

This resolution authorized the Mayor to execute Neighborhood Action Match Grant Program Contracts with eleven neighborhood associations for carrying out various neighborhood activities and improvements 29:38.

Grant Recipients and Amounts

The resolution provided funding to the following organizations:

• Ashland Neighborhood Association ($2,304)
• Aylesford Place Association, Inc. ($2,257)
• Dove Creek Townhome Owner's Association ($7,000)
• Gratz Park Neighborhood Association ($7,000)
• Headley Green Homeowners Association ($7,500)
• Masterson Station Neighborhood Association, Inc. ($7,579)
• Northside Neighborhood Association ($7,000)
• Pinnacle Homeowners Association, Inc. ($7,000)
• Radcliffe-Marlboro Neighborhood Association ($7,375)
• Stonewall Equestrian Estates Association, Inc. ($7,000)
• WGPL Neighborhood Association ($2,973)

The total cost was not to exceed $64,988.

Key Speakers and Action

Council members Henson, Lawless, and Akers participated in the discussion of this agenda item.

Amendment and Approval

The resolution was amended during the meeting to remove the Headley Green Homeowners Association allocation. Following this amendment, the council suspended rules and approved the resolution by majority vote.

A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Adopt-A-Spot Program Agreements

Resolution 0005-14 authorized the Mayor to execute rural and inner city Adopt-A-Spot Program Agreements with various organizations for participation in the Adopt-A-Spot Roadway Cleanup Program, with a cost not to exceed $26,278.33.

The resolution received its second reading during the meeting 25:30. Key speakers on this agenda item included Henson and Clarke.

The governing body suspended the rules to allow for immediate consideration and approval of the resolution. Following discussion, the resolution was approved by unanimous vote.

Outcome: The resolution was approved.

A Resolution authorizing and directing the Mayor, on behalf of the Urban County

Item 0008-14

This resolution authorized the Mayor to execute and submit a Grant Application to the Environmental Protection Agency (EPA) for $200,000 in Federal funds. The grant money was designated for remediation of environmental concerns at the Fayette County Courthouse.

Key Speakers

The discussion involved Henson and Clarke.

Action Taken

The resolution received its second reading. Rules were suspended to allow for immediate consideration. The measure was approved by unanimous vote.

Outcome

The resolution was approved, authorizing the Mayor to proceed with submitting the EPA grant application and providing any additional information the EPA might request in connection with the application.

A Resolution accepting the response of EOP Architects, PSC, to RFP No. 28-2013 -

The body considered a resolution to accept the response of EOP Architects, PSC, to Request for Proposal No. 28-2013 for design services related to a replacement Senior Citizens Center 25:30. The resolution authorized the Mayor, on behalf of the Urban County Government, to execute an agreement with EOP Architects, PSC, for services outlined in the RFP.

Key Details: - The contract was estimated not to exceed $158,965 for Phase A - The work was requested by the Department of General Services

Action Taken:

The resolution received a second reading. Rules were suspended to allow for immediate consideration. Following discussion led by speakers Henson and Clarke, the body voted unanimously to approve the resolution.

Outcome:

The resolution was approved.

A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Agreement with Corrisoft, LLC

Identifier: 0016-14

Overview

The Urban County Government considered a resolution to authorize the Mayor to execute an agreement with Corrisoft, LLC, for electronic monitoring services and equipment for the Division of Community Corrections. The contract was not to exceed $25,000 for fiscal year 2014.

Action Taken

The resolution received second reading and was approved by unanimous vote. Rules were suspended to allow the measure to proceed 25:30.

Key Participants

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

Outcome

The resolution was approved.

A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Agreements with Community Organizations

Agenda Item 0022-14

The Urban County Council considered a resolution authorizing the Mayor to execute agreements with three community organizations on behalf of the Urban County Government for the Office of the Urban County Council.

The resolution authorized agreements with: - Windham Meadows HOA, Inc. ($500) - The Plantation Neighborhood Association, Inc. ($500) - Women in Worship of Lexington c/o The House of God, Inc. ($675)

The total cost did not exceed the sums stated for each organization.

Discussion and Action

Council members Akers and Lawless participated in the discussion of this item 25:30. The Council suspended the rules to allow the resolution to proceed to second reading. Following second reading, the resolution was approved by unanimous vote.

Outcome

The resolution was approved as presented.

Communications From the Mayor

The Mayor's recommendations for appointments and reappointments to various boards and commissions were presented during this agenda item 46:55.

Key Speakers

The discussion involved Lawless and Akers.

Outcome

The Mayor's recommendations for appointments and reappointments to various boards and commissions were approved by unanimous vote.

Communications From the Mayor (For Information Only)

Agenda Item 0029-14

The Mayor's communications regarding resignations, reinstatements, and temporary appointments were presented to the council for information only. 47:57

This agenda item was informational in nature, meaning no action or vote was required from the council. The communications addressed personnel matters including resignations, reinstatements, and temporary appointments, though specific details about individual cases were not included in the available meeting materials.