Planning and Public Safety Committee

Summary

Meeting Overview

The Planning & Public Safety Committee met on August 11, 2015, at 1:00 p.m., with Mossotti presiding. The committee addressed five agenda items during the meeting, taking four motions to a vote and hearing two public comments.

The committee approved three items: the June 9, 2015 Committee Summary, the Armstrong Mill West Small Area Plan, and a measure regarding the Distribution of Unsolicited Advertising Supplements. One agenda item—Food Truck Fire Safety—was postponed for further consideration at a future meeting. Items Referred were deferred.

Attendance

The following individuals were present at the meeting on August 11, 2015:

• Mossotti
• Scutchfield
• Kay
• Stinnett
• Akers
• Gibbs
• Lamb
• Farmer
• Bledsoe
• Henson

No absences or late arrivals were recorded.

Votes and Decisions

June 9, 2015 Planning and Public Safety Committee Summary and Motions 3:07

A motion to approve the June 9, 2015 Planning and Public Safety Committee Summary and Motions was made by Farmer and seconded by Akers. The motion passed by voice vote.

Design Excellence ZOTA - Call the Question 3:07

A motion to call the question on the Design Excellence ZOTA was made by Farmer and seconded by Gibbs. The motion failed by roll call vote with 3 ayes and 6 nays. Those voting in favor were Farmer, Gibbs, and Kay. Those voting against were Akers, Bledsoe, Lamb, Mossotti, Scutchfield, and Stinnett.

Design Excellence ZOTA - Send to Full Council 3:07

A motion to send the Design Excellence ZOTA to full Council was made by Kay and seconded by Farmer. The motion passed by roll call vote with 6 ayes and 2 nays. Those voting in favor were Akers, Gibbs, Henson, Kay, Lamb, and Mossotti. Those voting against were Bledsoe and Stinnett.

Ordinance 0130-26 - Unsolicited Advertising Materials 1:15:16

Ordinance 0130-26, regulating the distribution of unsolicited advertising materials, was presented by motion from Henson and seconded by Akers. The ordinance passed by voice vote.

Budget and Financial Actions

The meeting included approval of funding for a planning initiative in the Armstrong Mill West area. A grant of $104,775 was awarded to EHI Consultants, with Ed Holmes identified as the contact, to support development of the Armstrong Mill West Small Area Plan.

Public Comment

Two speakers addressed the meeting regarding delivery practices for printed materials.

Richard Morgan, Lexington Herald-Leader 40:01

Richard Morgan from the Lexington Herald-Leader presented information about their carrier delivery system. He emphasized that the publication maintains a do-not-deliver list and conducts weekly audits to monitor delivery practices. The organization uses GPS tracking to oversee their delivery operations and has established processes to address customer complaints. Morgan stressed that the Lexington Herald-Leader is a news and information product rather than an advertising circular.

John Kim, CIPS Marketing Group 46:02

John Kim of CIPS Marketing Group outlined their delivery protocols and quality assurance measures. He detailed their do-not-deliver (DND) processes and explained their use of GPS tracking technology to monitor deliveries. Kim highlighted the company's focus on carrier accountability and reported high delivery accuracy rates. He noted that CIPS Marketing Group has invested in technology infrastructure and local employment to support responsible delivery practices.

Contested Items

Distribution of Unsolicited Advertising Materials

A significant dispute arose regarding the delivery of unsolicited advertising materials in residential driveways. Residents submitted numerous complaints about the volume of these materials being left at their homes, characterizing the practice as a public nuisance with environmental consequences.

The Herald-Leader and CIPS Marketing Group defended their delivery operations, presenting documentation of their extensive compliance systems designed to ensure adherence to applicable regulations and standards. Despite these assurances, council members remained concerned about the impact on residents and the environment, indicating that the companies' compliance measures had not adequately addressed community grievances.

The disagreement centered on whether existing delivery practices constituted an acceptable balance between commercial distribution rights and residential quality of life, with residents and council members on one side and the advertising companies on the other.

June 9, 2015 Committee Summary

3:07

The committee reviewed and approved the minutes from the June 9, 2015 meeting without dissent. Key speakers on this agenda item included Mossotti, Farmer, and Akers.

The summary covered actions taken on three main items:

• Greenway Plan & Manual
• Design Excellence Proposal
• Food truck fire safety

The committee approved the minutes as presented, with no objections raised during the discussion.

Food Truck Fire Safety

Fire Marshal Mike Palmer presented on propane tank safety and the inspection of food trucks. 3:44

Palmer emphasized that the state fire marshal's authority already covers food service establishments, which he indicated would eliminate the need for new legislation on this matter.

The committee members who participated in the discussion included Henson, Bledsoe, Akers, and Gibbs, along with Palmer.

The committee decided to postpone this agenda item.

Armstrong Mill West Small Area Plan

Jim Duncan of the Division of Planning presented the Armstrong Mill West Small Area Plan, which had been adopted by the Planning Commission 21:05. The plan encompasses several key focus areas for the neighborhood's development and improvement.

Plan Recommendations

The Armstrong Mill West Small Area Plan includes recommendations addressing:

• Infrastructure improvements
• Pedestrian safety
• Affordable housing
• Community engagement

Council Discussion

Councilmember Brown raised concerns about the practical implementation of the plan, emphasizing the critical need for funding and implementation mechanisms to bring the plan's recommendations to fruition. This highlighted the distinction between planning recommendations and the resources required to execute them.

Outcome

The Armstrong Mill West Small Area Plan was approved.

Distribution of Unsolicited Advertising Supplements

37:09

Councilmember Henson introduced an ordinance to regulate the distribution of unsolicited advertising materials. The proposed ordinance would require that such materials be placed on porches or in mail slots rather than left in other locations.

Public testimony was provided by representatives from the Herald-Leader and CIPS Marketing Group. Both organizations emphasized their existing compliance systems and delivery protocols, indicating they already follow practices consistent with the ordinance's requirements.

The discussion involved multiple council members, including Morgan, Kim, Bledsoe, Sennett, Akers, and Gibbs, alongside Henson.

The committee voted to move the ordinance to the full council for further consideration.

Outcome: Approved for advancement to full council.

Items Referred

The committee discussed several referred items during this portion of the meeting 1:17:24. Key speakers included Akers, Henson, and Stinnett.

The items under consideration included:

• Taxicab ordinance
• Ride-sharing regulations
• Scrap metal detectors
• Sky lanterns
• Versailles Road Corridor Study

Several of the referred items were removed from the agenda, while others were deferred to future meetings. The specific details regarding which items were removed versus deferred, the rationale for these decisions, and the concerns raised during the discussion are not available in the provided meeting materials.