Special Planning & Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on November 11, 2014, at 1:30 p.m., with Farmer presiding as Chair. The committee addressed seven agenda items, taking 17 votes and hearing 8 public comments during the session.

The committee approved three items: the Committee Summary, Building Inspection Civil Offenses, and Zoning Text Amendments for Food Trucks in the P-1 and AU Zones. Three items were deferred for future consideration: the H-1 Notification Process, Electrical Inspection Fees, and Code Enforcement Fines and Assistance for Compliance. Referral Items were presented for informational purposes.

Attendance

The following individuals were present at the meeting on November 11, 2014:

• Farmer, Chair
• Mossotti, Vice Chair
• Gorton
• Ellinger
• Kay
• Ford
• Lawless
• Beard
• Clarke
• Henson

No members were absent or late.

Votes and Decisions

Approval of September 9, 2014 Committee Summary 9:10 Motion by Vice Mayor Gorton, seconded by CM Beard. Passed unanimously.

Removal of Items from Referral List 9:47 The following items were removed from the referral list by unanimous vote: - Review Street Tree and Tree Protection Ordinances (motion by Vice Mayor Gorton, seconded by CM Ellinger) - Homeowner Association Rights and Responsibilities (motion by Vice Mayor Gorton, seconded by CM Mossotti) - Multi-Way Stop Glendover Road at Valley Road (motion by CM Beard, seconded by Vice Mayor Gorton) - Office Premise Signage (motion by Vice Mayor Gorton, seconded by CM Ellinger) - Streetlight Installation Plan (motion by Vice Mayor Gorton, seconded by CM Mossotti) - Affordable Housing Issue (motion by Vice Mayor Gorton, seconded by CM Clarke) - University of Kentucky Master Plan (motion by Vice Mayor Gorton, seconded by CM Clarke) - MAP Fund Usage Policies (motion by CM Stinnett, seconded by CM Beard) - Landscape Examination Procedure (motion by CM Clarke, seconded by Vice Mayor Gorton) - Oliver Lewis Way Update (motion by Vice Mayor Gorton, seconded by CM Mossotti)

Food Truck Zoning Amendment - Alternative 2 44:05 Motion by CM Kay, seconded by CM Ellinger, to approve Alternative 2 for food truck zoning amendment (500 ft from residential). Failed by roll call vote: 4 ayes, 4 nays. Voting in favor: Ellinger, Kay, Beard, Clarke. Voting against: Farmer, Gorton, Ford, Henson.

Food Truck Zoning Amendment - Blended Alternative 44:05 Motion by Vice Mayor Gorton, seconded by CM Clarke, to amend the previous motion to blend Alternative 2 and 4 (professional office project + 500 ft rule). Passed by roll call vote: 10 ayes, 0 nays. All members voted in favor.

Nuisance Abatement Fund Amendment 44:05 Motion by Council Member Kay, seconded by Council Member Kay, to amend Resolution 343-2012 to include zoning enforcement as an eligible activity for the $200,000 nuisance abatement fund. Passed by roll call vote: 10 ayes, 0 nays.

Civil Penalties in Zoning Enforcement 44:05 Motion by Council Member Kay, seconded by Council Member Kay, to request staff draft options for raising civil penalties in zoning enforcement. Passed by roll call vote: 10 ayes, 0 nays.

Adjournment 44:05 Motion by Chair Farmer, seconded by CM Mossotti. Passed unanimously.

Budget and Financial Actions

The meeting addressed one financial matter related to inspection services.

Electrical Inspection Fees Increase

Resolution 0073-26 proposed an amendment to increase electrical inspection fees by $71,927. The Commonwealth Inspection Bureau would be affected by this adjustment. The resolution sought to modify the existing fee structure for electrical inspection services.

Public Comment

Council members raised several topics during the meeting:

H-1 and ND-1 Overlay Zone Education

Council Member Myers suggested that the new council should receive education on H-1 and ND-1 overlay zones through a work session with public access to ensure transparency and reduce community conflict 10:17. Council Member Mossotti expressed concern that work sessions should not include non-actionable presentations, citing past council preferences to avoid excessive non-action items 12:31. Myers reiterated the need for public education on H-1 and ND-1 overlays to reduce neighbor-versus-neighbor conflict and promote fact-based discussions 14:43.

Code Enforcement and Civil Penalties

Council Member Lawless expressed frustration that the committee had not received information on proposed fine increases despite two prior attempts, citing real-world examples where escalating fines improved compliance 58:38. Lawless further argued that moving building inspection civil penalties to zoning enforcement removed enforcement effectiveness, and that higher penalties and liens would improve compliance 1:11:39.

Council Member Henson asked for examples of zoning violations that could be abated and supported the idea of a unified civil enforcement division to improve efficiency 1:16:37.

Council Member Kay suggested that staff draft language to amend Resolution 343-2012 and also draft options for raising civil penalties to enable informed decision-making 1:19:20.

Off-Premises Signage

Council Member Lawless highlighted the negative impact of persistent off-premises rental signs on neighborhood quality of life and advocated for code enforcement to handle such violations 1:23:15.

Contested Items

The November 11, 2014 meeting included three significant areas of disagreement among council members.

Electrical Inspection Fee Increases

The committee was divided on whether to approve proposed increases to electrical inspection fees. The split vote reflected concerns about the lack of a detailed financial pro forma to justify the increases, insufficient transparency regarding how expenses were calculated, and worry that higher fees could negatively impact housing costs for residents.

Code Enforcement Fines and Civil Penalties

Council Member Lawless expressed frustration during heated discussion over code enforcement penalties. Lawless emphasized that the council had repeatedly received insufficient information about proposed fine increases. Despite this lack of detailed information, Lawless argued that escalating penalties have proven effective in improving compliance with code requirements and should continue to be used as an enforcement tool.

Zoning Enforcement Civil Penalties and Enforcement Structure

A procedural dispute emerged regarding the reorganization of enforcement responsibilities. Council members disagreed about the decision to move building inspection civil penalties from code enforcement to zoning enforcement. The primary concern was that the new zoning enforcement structure lacks the enforcement power and authority that the code enforcement division possessed, potentially weakening the city's ability to compel compliance with building and zoning standards.

Committee Summary

The committee approved the September 9, 2014 summary during this agenda item 9:10.

Key Participants

Vice Mayor Gorton, CM Beard, CM Mossotti, and CM Stinnett participated in this discussion.

Discussion and Actions

The committee reviewed and approved the minutes from the September 9, 2014 meeting. The discussion also addressed the referral list, with the committee considering the removal of several items from it. Through consensus, the committee determined which items would be forwarded to the next meeting.

Outcome

The agenda item was approved.

H-1 Notification Process

9:10

The committee discussed the H-1 Notification Process during this agenda item. CM Myers and CM Mossotti were the key speakers engaged in the discussion.

Following deliberation on this matter, the committee reached a decision to defer the H-1 Notification Process. Rather than making a final determination at this meeting, the committee agreed to bring the matter forward for consideration at the next scheduled meeting.

Electrical Inspection Fees

The Commonwealth Inspection Bureau presented a proposal to increase electrical inspection fees during this agenda item. 15:47

Presentation and Rationale

Steve Vicroy presented the fee increase proposal on behalf of the Commonwealth Inspection Bureau. The bureau cited several factors supporting the need for higher fees, including recent code changes, rising operational costs, and the fact that electrical inspection fees had not been increased in a considerable time.

Committee Discussion

Council Member Gorton and Council Member Kay participated in the discussion of the proposal. Rather than approving the fee increase immediately, the committee raised questions about the financial justification for the proposed changes.

Committee Requests

The committee requested that the Commonwealth Inspection Bureau provide more detailed financial data to support the fee increase proposal. This additional information was deemed necessary before the council could make a final decision on the matter.

Outcome and Next Steps

The agenda item was deferred, meaning the decision on the electrical inspection fee increase was postponed. The committee agreed to implement annual reporting on fee adjustments going forward, which would provide regular oversight of how inspection fees are modified over time.

Code Enforcement Fines and Assistance for Compliance

50:28

Staff presented updates on code enforcement operating procedures and technology improvements, along with information about a new partnership initiative. Jonathan Hollinger and Council Members Lawless and Kay participated in the discussion.

The presentation included details on operational enhancements to the code enforcement program and technological upgrades to improve efficiency and service delivery. A significant component of the discussion focused on a new partnership with Leadership Lexington designed to assist low-income homeowners with code compliance.

The committee considered proposed increases to code enforcement fines as part of the agenda item. However, rather than approving the fine increases at that time, the committee chose to defer action on this matter, indicating a need for further review or deliberation.

The committee directed staff to draft amendments to Resolution 343-2012, suggesting that modifications to the existing resolution would be necessary to address the issues and proposals discussed during the meeting.

Outcome: Action on the fine increases was deferred, and staff was instructed to prepare proposed amendments to Resolution 343-2012 for future consideration.

Building Inspection Civil Offenses

1:04:34

Staff presented challenges related to enforcing civil penalties for zoning violations. The discussion focused on systemic obstacles that complicate the enforcement process, particularly around documentation requirements and the appeals mechanism.

Key Issues Discussed

The presentation highlighted two primary challenges in civil enforcement:

• Difficulty in proper documentation of violations
• A convoluted appeals process that complicates enforcement efforts

Proposed Solution

Staff proposed amending Resolution 343-2012 to expand enforcement capabilities. The amendment would allow the zoning enforcement division to utilize the nuisance abatement fund as a resource for addressing violations.

Speakers

Jonathan Hollinger led the presentation, with Council Member Lawless and Council Member Henson participating in the discussion.

Outcome

The committee approved the amendment to Resolution 343-2012, authorizing zoning enforcement to access the nuisance abatement fund for civil penalty enforcement purposes.

Zoning Text Amendments for Food Trucks in the P-1 and AU Zones

The committee discussed zoning text amendments to allow food trucks in P-1 (Professional Office) and AU (Agricultural/Utility) zones. 1:27:00

Alternatives Presented

Four alternatives were presented for consideration regarding food truck operations in these zones. The discussion centered on finding an appropriate balance between allowing this use and protecting existing land uses and residential areas.

Key Speakers and Discussion

Chris King, Council Member Akers, Council Member Kay, and Vice Mayor Gorton participated in the discussion of the proposed amendments.

Voting and Outcome

The committee initially voted on Alternative 2, which failed to pass. Following this unsuccessful vote, a hybrid motion was proposed that combined elements of Alternatives 2 and 4. This hybrid approach passed unanimously.

Final Approval

The approved hybrid motion allows food trucks as an accessory use in P-1 and AU zones under specific conditions: - Food trucks must be located at least 500 feet from residential zones - Food trucks must be operated within designated professional office projects

The amendment was approved with unanimous support from the committee.

Referral Items

9:10

Chair Bill Farmer Jr. presented information regarding the referral authority of the Planning and Public Works Committee. The committee reaffirmed its referral authority for matters related to planning, housing, infill, redevelopment, and public works.

This was an informational item with no action required.