Council Work Session
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Summary
Meeting Overview
The Lexington-Fayette Urban County Council met on November 11, 2014, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center, with Mayor Gray presiding. The council addressed ten agenda items during the session, including public comment periods, zoning requests, budget matters, and various reports. The body took 51 motions and votes throughout the meeting and heard 17 public comments from citizens on both agenda and non-agenda issues. Key actions included approval of requested rezonings and docket items, budget amendments, new business items, and continuing business presentations, along with the Mayor's Report.
Attendance
Present: Gorton, Ellinger, Kay, Ford, Akers, Beard, Farmer, Stinnett, Mossotti, Clarke, Henson, and Lane
Absent: Lawless, Scutchfield, and Myers
Late: None
Votes and Decisions
All motions brought before the meeting passed unanimously.
Procedural Motions
The body entered closed session pursuant to KRS 61.810(1)(c) for potential litigation and KRS 61.810(1)(f) for employee appointment discussion, moved by Gorton and seconded by Akers 21:30. The motion to return from closed session, moved by Ellinger and seconded by Gorton, passed 1:08:57.
The docket was approved on motion by Gorton, seconded by Farmer 1:09:30. Several items were added to the docket: a resolution authorizing the Mayor to execute a quitclaim deed for property at 1747 Lakewood Lane (Farmer/Lane); an Ordinance adopting a schedule of meetings for 2015 (Gorton/Beard); an ordinance amending Section 14-97(6) of the Code of Ordinances to include e-cigarettes in the definition of smoke or smoking (Kay/Gorton); and a resolution recommending the Mayor not sign the Amended Interlocal Cooperative Agreement with Bluegrass ADD and to pursue Workforce Investment Area designation (Ford/Mossotti). Ordinance #4 was removed from the docket on motion by Lane, seconded by Gorton 1:09:30.
The summary was approved on motion by Beard, seconded by Ellinger 1:24:30. Budget amendments were approved on motion by Farmer, seconded by Akers 1:25:03. New business was approved on motion by Gorton, seconded by Ellinger 1:46:31.
Substantive Actions
A neighborhood development fund was approved (Ellinger/Farmer). Older inactive bond proceeds were reallocated to fund landscaping and forestry reorganization into the Division of Environmental Services (Stinnett/Mossotti). The Division of Environmental Policy was renamed to Division of Environmental Services with transfer of three civil service positions and budget amendments initiated (Stinnett/Henson). Three professional services requests were included in future Fund Balance discussions for the reorganization (Stinnett/Gorton). A Special Planning & Public Works Committee meeting was scheduled for November 11th with changes to Economic Development COW end time (Farmer/Beard). The examination of the sign mechanism was placed into the General Government Committee (Farmer/Gorton). The Mayor's Report was approved (Stinnett/Gorton).
The meeting adjourned at 4:15pm on motion by Stinnett, seconded by Gorton 1:47:01.
Budget and Financial Actions
The meeting included sixteen budget amendments addressing various departmental needs and revenue recognitions:
Event and Program Reimbursements - Overtime reimbursement for the Fest-Of-Ales special event: $188.47 (JOURNAL 81653-54) - Reimbursement from Downtown Lexington Corporation for General Fund personnel budget related to Bluegrass 10,000: $14,206.78 (JOURNAL 81674-75) - Reimbursement for operating and equipment accounts from Woodland Arts Fair sponsorship revenue: $3,150.00 (JOURNAL 81780-81)
Departmental Transfers and Operating Funds - Transfer of $209,900.59 to Environmental Services-Natural Resource Management section by decreasing Parks and Recreation funds for Seasonal Salaries, Mowing, and other operating accounts (JOURNAL 81782) - Recovery of $111.50 refund for overpayment of advertising costs in Professional Services account (JOURNAL 81672-73) - Recognition of $200.00 in revenues received for Keep Lexington Beautiful (JOURNAL 81672-73) - Recognition of $5,000.00 in donated funds for Keep Lexington Beautiful operating expenses (JOURNAL 82005-06)
Donations and Grants - Donation from Kentucky State University to the William Wells Brown Community Center for healthy eating and physical fitness programming: $3,000.00 (JOURNAL 81769-70) - Budget grant match for Polo Club FY 2013 grant right of way phase: $63,112.50 (JOURNAL 81766) - Budget federal funds and grant match for Polo Club FY 2013 grant right of way phase: $315,562.50 (JOURNAL 81767-68)
Equipment and Infrastructure - Funds for ICMA software purchase for Performance Measurements by reducing Professional Services Other in the Urban Fund: $6,348.00 (JOURNAL 82070) - Funds for county road rejuvenation and crack-sealing by decreasing Construction-Bridges funds: $21,150.00 (JOURNAL 81655) - Funds for a new Police Canine to replace a retiring canine by decreasing Equipment Under $5000: $9,000.00 (JOURNAL 81765)
Grant and Program Amendments - Budget interest income for Justice Assistance FY 2012: $72.25 (JOURNAL 82065-66) - Amendment to Justice Assistance FY 2014 for equipment and training expenditures: $15,969.25 (JOURNAL 82067) - Amendment to Motor Carrier Safety Assistance Program (MCSAP) FY 2014 for connectivity to Kentucky expenditures: $9,100.00 (JOURNAL 81892)
Public Comment
Residential Parking Permit Program
David Tipton, representing 12 homeowners on Mount Vernon Drive, requested a residential parking permit (RPP) program for the area 1:16:35. He cited increased student parking from nearby streets with the same designation, which he stated has created safety concerns for children walking to school.
Council members expressed differing views on the proposal. Council Member Scotchfield raised procedural concerns, recommending that the RPP program be vetted through committee before approval to allow for public input and avoid future disputes 1:18:18. In contrast, Council Members Clark, Lawless, and Henson voiced support for the program, noting that proper procedures had been followed and emphasizing the importance of public input [timestamps: 1:20:43, 1:19:42, 1:20:43].
Other Council Member Questions and Concerns
Council Member Massadi questioned cost increases for the temporary kitchen project at the detention center 1:30:37 and raised safety concerns about missing smoke detectors and lack of sprinkler systems at the temporary Deem location 2:24:20.
Council Member Scotchfield inquired about the Town Branch floodplain analysis study, noting a significant cost reduction from the originally projected $500,000 to $109,770 1:35:08. She also proposed reviewing leaf collection timing to alternate districts annually, citing consistent complaints from her district 2:21:03.
Council Members Stinnett and Farmer asked about the floodplain study bond fund balance and requested a map of the study area [timestamps: 1:40:15, 1:43:24]. Council Member Farmer also inquired about contentions surrounding the proposed closure of Washington Avenue 1:43:54, and Council Member Stinnett asked about remaining budget allocation for the Stantec contract 1:42:22.
Recognitions and Announcements
Council Member Stinnett honored veterans, sharing a personal story about his 93-year-old grandmother, a World War II veteran 2:22:12. Council Member Clark also shared personal memories of World War II 2:25:52. Council Member Ford acknowledged the departure of Superintendent Dr. Tom Shelton 2:23:19, and Council Member Myers announced an upcoming neighborhood workshop for the Armstrong Mill West small area plan 2:27:02.
Contested Items
Residential Parking Permit Program for Mount Vernon Drive
Council Member Scotchfield raised procedural concerns about the approval of a Residential Parking Permit (RPP) program for Mount Vernon Drive. The dispute centered on the lack of public input and committee review before the program was brought forward for approval. Scotchfield's objection prompted debate among council members regarding the proper procedures that should be followed when implementing such initiatives. This disagreement highlighted questions about transparency and stakeholder engagement in the decision-making process.
Floodplain Study Cost
Council Member Scotchfield questioned the significant cost reduction for the Town Branch floodplain analysis project. The project budget had been reduced from $500,000 to $109,770, a substantial decrease that prompted discussion about the scope and justification for the revised cost. Scotchfield's inquiry led to a broader conversation among council members regarding whether the reduced budget adequately addressed the project's objectives and what factors had contributed to the dramatic change in estimated expenses.
Public Comment – Issues on Agenda
The council opened the meeting for public comment on issues listed on the agenda. Although no members of the public had formally signed up to speak, David Tipton addressed the council regarding residential parking concerns on Mount Vernon Drive.
Tipton spoke about the need for a residential parking permit program on Mount Vernon Drive. No additional details about the specific concerns or proposed solutions were provided in the available information.
The outcome of this agenda item was informational, with no formal action taken during this public comment period.
Requested Rezonings/Docket Approval
The council approved the docket and several amendments during this agenda item. Key speakers included Gorton, Farmer, Kay, Ford, and Lane.
The council approved multiple motions to amend the docket, which included:
- Placing a resolution on the docket for a quitclaim deed
- Adding an ordinance for the 2015 meeting schedule
- Adding an ordinance to include e-cigarettes in the definition of smoking
The outcome of this agenda item was approval of the docket with the proposed amendments.
Approval of Summary
The council considered the summary of the previous meeting as agenda item III. 1:24:30
Key speakers on this item included Beard and Ellinger.
The summary was approved without dissent from the council members present.
Budget Amendments
The council discussed and approved a series of budget amendments during this agenda item 1:25:03. Key speakers on this matter included Farmer and Akers.
The amendments under consideration totaled over $600,000 and encompassed funds allocated for multiple purposes, including overtime costs, reimbursements, and various operational expenses across the organization.
The council voted to approve these budget amendments. The specific details of individual amendments, particular concerns raised during discussion, or the rationale provided by speakers for each line item are not available in the meeting record provided.
New Business
The council addressed several new business items during this portion of the meeting. Key speakers included Gorton, Ellinger, Stinnett, Farmer, and Beard.
The council approved the following items:
- Establishment of a new administrative division
- Approval of several contracts
- Authorization for various projects and agreements
All new business items presented were approved by the council.
Continuing Business/Presentations
The council heard several presentations during the Continuing Business/Presentations segment of the meeting.
Topics Presented
The council received presentations on the following matters:
- Urban Services District public hearing
- Neighborhood development funds
- Committee summaries
- Stormwater quality and MS4 permit report
- Corridors Commission updates
- Floodplain study status
Key Speakers
Presentations were delivered by Beard, Farmer, Gordon, Martin, and Henson.
Outcome
The agenda item was approved.
Council Reports
Council members provided reports on various topics during this agenda item. 2:11:30
The following council members participated in the reports: Gordon, Henson, Farmer, Scotchfield, Clark, and Myers.
Topics covered included:
- Veterans Day
- The history of Mayor James J. O'Brien
- Community events
The discussion was informational in nature, with no formal action or debate recorded. This agenda item concluded the meeting's scheduled business.
Mayor's Report
The council considered the Mayor's Report during this agenda item. 2:27:36
Key Speakers
Stinnett and Gorton participated in the discussion of the Mayor's Report.
Outcome
The council approved the Mayor's Report without dissent.
Public Comments – Issues Not on Agenda
No members of the public signed up to provide comments on issues not on the agenda during this portion of the meeting.
Adjournment
The council adjourned the meeting at 4:15 PM 2:27:36. Key speakers during the adjournment were Stinnett and Gorton. The adjournment was approved.
Decisions
- Motion — passed: Motion to enter closed session pursuant to KRS 61.810(1)(c) for potential litigation and KRS 61.810(1)(f) for employee appointment discussion
- Motion — passed: Motion to return from closed session
- Motion — passed: Motion to approve the docket
- Motion — passed: Motion to place on the docket a resolution authorizing the Mayor to execute a quitclaim deed for property at 1747 Lakewood Lane
- Motion — passed: Motion to place on the docket an Ordinance adopting a schedule of meetings for the Council for 2015
- Motion — passed: Motion to place on the docket an ordinance amending Section 14-97(6) of the Code of Ordinances to include e-cigarettes in the definition of smoke or smoking
- Motion — passed: Motion to place on the docket a resolution recommending the Mayor not sign the Amended Interlocal Cooperative Agreement with Bluegrass ADD and to pursue Workforce Investment Area designation
- Motion — passed: Motion to remove ordinance #4 from the docket
- Motion — passed: Motion to approve the summary
- Motion — passed: Motion to approve budget amendments
- Motion — passed: Motion to approve new business
- Motion — passed: Motion to approve a neighborhood development fund
- Motion — passed: Motion to reallocate older inactive bond proceeds to fund landscaping and forestry reorganization into the Division of Environmental Services
- Motion — passed: Motion to change the name of Division of Environmental Policy to Division of Environmental Services, transfer three civil service positions, and initiate budget amendments for reorganization
- Motion — passed: Motion to include three professional services requests into future Fund Balance discussions for landscaping and forestry reorganization
- Motion — passed: Motion to schedule a Special Planning & Public Works Committee meeting on November 11th and change Economic Development COW end time
- Motion — passed: Motion to place the examination of the sign mechanism into the General Government Committee
- Motion — passed: Motion to approve the Mayor's Report
- Motion — passed: Motion to adjourn at 4:15pm
- L1136-14 — passed: Authorization to establish a new administrative division titled Division of Aging and Disability Services in the Department of Social Services
- L1150-14 — passed: Authorization to approve Change Order #1 in the amount of $650,000 to the existing Professional Service Agreement with Stantec for Sanitary Sewer Capacity Assurance Plan (CAP) implementation services
- L1153-14 — passed: Authorization to abolish one classified position of Public Service Worker (Grade 507N) and create one classified position of Equipment Operator Sr. (Grade 512N) in the Division of Waste Management
- L1154-14 — passed: Authorization to abolish two unclassified positions of Administrative Officer Part-time (Grade 523E) and create one classified position of Administrative Specialist Sr. (Grade 516N) in the Department of Environmental Quality and Public Works
- L1155-14 — passed: Authorization to abolish one unclassified position of Public Service Worker (Grade 507N) and create one unclassified position of Resource Recovery Operator (Grade 513N) in the Division of Waste Management
- L1156-14 — passed: Authorization to abolish one unclassified position of Social Worker Sr. (Grade 516E) and create one unclassified position of Social Services Coordinator (Grade 520E) in the office of Circuit Judges
- L1159-14 — passed: Authorization to extend the current MOU with the Internal Revenue Service, Criminal Investigation (IRS-CI) to December 31, 2014
- L1130-14 — passed: Authorization to name Tyler Scott, Administrative Officer Senior, as the Applicant Agent for the Lexington-Fayette Urban County Government
- L1131-14 — passed: Authorization to approve a Temporary Right of Entry for an Emergency Access Road at Town Branch WWTP with a $10,000 holding fee
- L1132-14 — passed: Authorization to execute a Purchase of Service Agreement with The Lexington History Museum, Inc. for $35,000
- L1133-14 — passed: Authorization to approve a contract for Universal Life Insurance with Long Term Care for all LFUCG employees with Trustmark Life Insurance Company of New York
- L1134-14 — passed: Authorization to approve a contract for Whole Life and Term Life Voluntary Benefits Insurance for all LFUCG employees with Humana
- L1137-14 — passed: Authorization to approve a change order to the agreement with S.R. Holdings d/b/a Signature Special Events in the amount of $96,307.84 for 33 additional rental days of a temporary kitchen
- L1140-14 — passed: Authorization to approve a change order to the LFUCG Bid Invitation Number 16-2014 with Kentucky Service Company for work at Thoroughbred Fountain
- L1141-14 — passed: Authorization to amend Ordinance No. 116-2013 relating to the Bayer Properties/Summit Lexington Development Area Tax Increment Financing Project
- L1144-14 — passed: Authorization to execute change order No. 3 with Todd Johnson Construction Co. in the amount of $150,266.83 for Meadows/Northland/Arlington Public Improvements Project, Phase 5A
- L1151-14 — passed: Authorization to amend Resolution No. 582-2014 title and Section 3, effective retroactive to August 24, 2014
- L1152-14 — passed: Authorization to amend contracts with Westlaw for online research (WestlawNext) and people search tool (CLEAR)
- L1123-14 — passed: Authorization to approve an engineering services agreement with Tetra Tech, Inc. (RFP #57-2014) to assist in implementing portions of the Consent Decree related to Stormwater Quality Management Program and MS4 permit
- L1127-14 — passed: Authorization to execute agreement with Group CJ, LLP, for mobility office marketing campaign for FY15--RFP 49-2014 at a cost of $51,500
- L1128-14 — passed: Authorization to utilize the KeepStock System by Grainger
- L1129-14 — passed: Authorization to execute Change Order #2 with EOP Architecture in the amount of $1,740.00 for the Replacement Senior Citizen Center Design Contract #8-2014
- L1090-14 — passed: Authorization to execute a Memorandum of Understanding for the purpose of developing a liaison relationship between the Kentucky Department of Juvenile Justice and the Lexington Day Treatment Center
- L1091-14 — passed: Authorization to execute an Engineering Services Agreement with Vision Engineering LLC for the Town Branch Flood Plain Analysis Contract (RFP No. 47-2014) at a cost not exceeding $109,770
- L1092-14 — passed: Authorization to approve the attached Memorandum of Understanding (MOU) between Drug Enforcement Administration (DEA) Detroit Field Division and Lexington-Fayette Urban County Government
- L1093-14 — passed: Authorization to approve the Drug Enforcement Administration (DEA), Tactical Diversion Task Force Agreement for the term October 1, 2014 to September 30, 2015
- L1099-14 — passed: Authorization to execute Change Order No. 1 (Final) with Grant’s Excavating, Inc., for the Green Acres/Hollow Creek Road Sanitary Sewer Replacement and Stream Rehabilitation Project, increasing the contract amount by $40,630
- L1101-14 — passed: Authorization to amend Section 2-465 of the Code of Ordinances to update organizational titles for membership of the Corridors Commission
- L1104-14 — passed: Authorization to approve a Kentucky Department of Highways professional services agreement between LFUCG and Hazen & Sawyer Engineers for detail design services and construction management for the relocation of the Hartland Trunk Sewer at a cost of $46,430
- L1107-14 — passed: Authorization to execute Supplemental Agreement No. 2 with the Kentucky Transportation Cabinet, accepting additional federal funds in the amount of $252,450 for Polo Club Boulevard right of way acquisition phase with a required match of $63,112.50
- L1124-14 — passed: Authorization to terminate the moratorium imposed by Resolutions 552-2000 and 5-2004 related to sanitary sewer tap-on and building permit approvals for parcels located in the Blue Sky Rural Activities Center
- L1138-14 — passed: Authorization to close Washington Avenue, located between South Limestone and Rose Street, as requested by the University of Kentucky and attributable to the state Transportation Cabinet’s reconfiguration of this intersection