Council Work Session
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Summary
Meeting Overview
The Lexington-Fayette Urban County Council met on August 25, 2015, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with the Vice Mayor presiding. The council addressed 10 agenda items during the session, including public comment periods, rezoning requests, budget amendments, and new business matters. The council took 21 votes and heard 13 public comments from constituents on both agenda and non-agenda issues. All major items brought before the council—including requested rezonings, budget amendments, new business, and continuing business presentations—were approved.
Attendance
The following individuals were present at the meeting on August 25, 2015:
- Farmer
- Kay
- Stinnett
- Moloney
- Akers
- Lamb
- Scutchfield
- F. Brown
- Bledsoe
- Henson
- Gibbs
- Evans
- Mossotti
- James Brown
No absences or late arrivals were recorded.
Votes and Decisions
The meeting included 21 votes, all of which passed. Most votes were conducted by voice vote, with two roll call votes.
Closed Session and Administrative Motions
The body voted to enter closed session for discussions regarding potential litigation, seconded by F. Brown 9:59. A motion to return from closed session, moved by Kay and seconded by Mossotti, passed 10:29. The August 11, 2015 summary was approved on a motion by Scutchfield, seconded by Farmer 11:00.
New Business and Referrals
New business was approved on a motion by Farmer, seconded by Kay 11:31. A motion to table new business item C, moved by Farmer and seconded by Mossotti, passed 11:31.
Several items were referred to committees: - Maintenance of bike trails and sidewalks referred to Environmental Quality & Public Works Committee, moved by Moloney and seconded by Scutchfield 28:30 - Discussion of drones referred to Planning & Public Safety Committee, moved by Moloney and seconded by Henson 28:30 - Community gardens and market gardens referred to Planning & Public Safety Committee, moved by Kay and seconded by Henson 28:30 - Enforcement of snow removal on private sidewalks referred to Planning & Public Safety Committee, moved by Gibbs and seconded by Henson 28:30
Design and Budget Matters
Design Excellence ZOTA was referred to Planning & Public Safety Committee on a roll call vote of 13 ayes to 1 nay 28:30. F. Brown voted against. Downtown design excellence standards and guidelines were placed in Planning & Public Safety Committee on a motion by Kay, seconded by Akers 28:30.
Budget amendments were approved 27:57. Neighborhood development funds were approved on a motion by Scutchfield, seconded by Henson 27:57.
Special Meetings and Resolutions
A motion to reschedule the Special COW from August 20, 2015 to September 10, 2015, moved by Stinnett and seconded by F. Brown, passed on a roll call vote of 9 ayes to 5 nays 28:30. Kay, J. Brown, Gibbs, Evans, and Mossotti voted against.
The special Council meeting on August 24, 2015 was canceled on a motion by Scutchfield, seconded by Bledsoe 28:30.
A resolution authorizing condemnation proceedings for the Polo Club Boulevard Public Improvement Project was placed on the docket for the August 27, 2015 Council meeting, moved by Stinnett 42:56.
A resolution amending resolution 247-93 to annex 211 West Maxwell Street into the South Hill Residential Permit Parking District was placed on the docket for August 27, 2015, moved by Gibbs and seconded by Henson 28:30.
The meeting adjourned at 5:23 p.m. on a motion by Stinnett, seconded by Scutchfield 28:30.
Budget and Financial Actions
The meeting included authorization for the following financial actions and expenditures:
Purchases and Vendor Agreements
- Federal Signal/Capital Electronics was designated as sole source vendor for an emergency outdoor warning siren system upgrade at $90,000 (L0987-15)
- AMTEC was engaged to perform Arbitrage Calculation for LFUCG General Obligations Bonds at $2,400 (L1029-15)
- Paradigm Engineers and Constructors was authorized for a professional services agreement regarding an electrical maintenance shop at West Hickman WWTP at $35,090 (L1047-15)
Contracts and Agreements
- A change order was authorized for the Hillenmeyer Pump Station Decommissioning Project with Free Contracting, Inc. at $4,095.87 (L1006-15)
- A lease agreement with Pilgrim Baptist Church for parking lot use adjacent to Coolavin Park was authorized at $1,000 annually (L1032-15)
- Central Kentucky Housing and Homeless Initiative was authorized for a Purchase of Services Agreement for technical assistance and Community Stand Down event at $10,000 (L1045-15)
- Bluegrass Community Foundation was authorized for a Memorandum of Agreement for fundraising for Town Branch Commons at $180,000 (L1051-15)
Grants and Appropriations
- An application for a Kentucky Division of Waste Management grant for waste tire disposal and recycling was authorized at $4,000 (L0998-15)
- Authorization was granted to create one Public Information Officer position in the Department of Public Safety at $81,346.00 (L1015-15)
- The Division of Police was authorized to abolish a Staff Assistant Sr. position and create a Permit Clerk position (L1016-15)
Bonds and Major Financial Actions
- Authorization was granted to issue and sell Various Purpose General Obligation Bonds, Series 2015B at $33,000,000 (L1030-15)
- Authorization was granted to advertise for bids and distribute the Preliminary Official Statement for FY2016 GO 2015B CIP Bonds (L1031-15)
Other Authorizations
- A deed of conveyance for a parcel at 110 S Limestone Street for Phoenix Park was accepted from the Commonwealth of Kentucky (L1013-15)
- Authorization was granted to donate 150 Fire Shelters to the Kentucky State Fire Commission (L1014-15)
- A revised fee schedule for Planning Commission and Board of Adjustment applications was adopted (L1033-15)
- A Sanitary Sewer Service Agreement and Conveyance Agreement with Southland Christian Church and Jessamine-South Elkhorn Water District was released (L1042-15)
- An amendment to the data sharing agreement between LFUCG and Fayette County Board of Education was approved (L1046-15)
Public Comment
Council members raised questions and concerns across multiple topics during the meeting.
Parking and Transportation
Council Member Farmer inquired about the motivation for adding five parking spaces in Phoenix Park, confirming they would be designated for metered and loading zone use, with ongoing discussions with Lex Park and Panera 13:43. Council Member Lamb followed up, asking whether one parking space would be reserved for business vehicles to avoid blocking Water Street 19:09. Council Member Farmer also moved to place the issue of downtown speed limits into the Environmental Quality & Public Works Committee 38:10. Council Member James Brown thanked traffic engineering for expediting street striping at the Ailman and 4th Street intersection to improve safety for students 38:40.
Sewer and Water Services
Council Member Farmer sought clarification on the Sanitary Sewer Service Agreement with Southland Christian Church and Jessamine-South Elkhorn Water District, which was explained as transferring sewer facilities in Jessamine County to the district 15:19. Council Member Lamb requested an update on the status of water franchise negotiations with outside counsel 36:03.
Town Branch Commons and Funding
Council Member Massadi expressed concern about spending $180,000 to pay a foundation to raise funds, questioning the business logic of the expenditure 16:55. Council Member Maloney asked about the status of the Tiger Grant application and whether the project would proceed without it, and questioned who would maintain the park if built 23:29.
Other Concerns
Council Member Evans requested an update on the Community Stand Down event and the transition of federal homelessness funding 21:17. Council Member Fred Brown cautioned against bonding small projects under $100,000, noting the long-term debt burden and suggesting they be funded from the general fund 26:49. Council Member Maloney raised concern about gas prices in Lexington being significantly higher than in surrounding counties despite falling oil prices and requested investigation 29:00. Council Member Maloney also asked about the financial implications if a cell tower were placed on a PDR-eligible property 32:15.
Announcements
Council Member Hanson announced three upcoming events: a Global Lex press conference, an international overdose awareness remembrance, and a meeting with Congressman Andy Barr 37:03.
Contested Items
The August 25, 2015 meeting included three items where council members expressed significant disagreement.
Fundraising for Town Branch Commons
A split vote occurred over a proposal to spend $180,000 to pay a foundation to raise funds for the Town Branch Commons project. Councilmember Massadi questioned the wisdom of this expenditure, characterizing it as poor business practice. Other council members defended the necessity of professional fundraising services for a $50 million project, arguing that specialized expertise was required for a project of that scale.
Use of PDR Funds for Commercial Development
Councilmember Maloney raised concerns about the use of PDR (Purchase of Development Rights) funds for commercial development purposes, specifically citing cell towers as an example. Maloney argued that taxpayer-funded PDR purchases should not be used to support commercial uses and contended that any proceeds from such uses should return to taxpayers rather than being retained for other purposes. This issue generated heated discussion among council members.
Bonding for Small Capital Projects
A split vote also occurred regarding a bond program for small capital projects under $100,000. Councilmember Fred Brown cautioned against bonding for these smaller projects, warning that doing so would create a long-term debt burden for the municipality. Other council members supported the bond program, arguing that it was necessary to fund required infrastructure improvements despite the size constraints of individual projects.
Public Comment - Issues on Agenda
No public comments were received during this segment of the meeting.
Requested Rezonings/ Docket Approval
Council considered a docket approval motion for requested rezonings during this agenda item. Key speakers on this matter included Farmer and Lamb.
The council approved the docket approval motion. As a result of this approval, a public hearing was scheduled for September 22, 2015, at 6:00 PM to address a rezoning item.
Approval of Summary – Yes, p. 1-2
The meeting addressed approval of the August 11, 2015 summary. 11:00
Outcome
The August 11, 2015 summary was approved without dissent.
Key Participants
The discussion involved Scutchfield and Farmer.
Budget Amendments – Yes, p. 3-4
The budget amendments were discussed and approved during this agenda item 11:31.
Key Speakers
Brown and a Commissioner participated in the discussion of the budget amendments.
Discussion
During the brief discussion, a question was raised regarding the purpose of the aggressive car and truck grant included in the amendments.
Outcome
The budget amendments were approved.
New Business – Yes, p. 5-38
New business items were presented and discussed by council members before being approved. Several topics generated questions and debate among the council.
Key Discussion Points
Council members raised concerns across multiple areas:
- Parking in Phoenix Park: Questions were raised about the rationale and planning behind parking decisions in Phoenix Park.
- Sewer Agreement: The sewer agreement was discussed, though specific details of the concerns were not documented.
- Town Branch Commons Fundraising: Council members inquired about fundraising efforts for Town Branch Commons.
- Taxpayer Funds for Commercial Development: Concerns were raised regarding the use of taxpayer funds for commercial development projects.
Speakers
The discussion involved council members Farmer, Massadi, Lamb, Evans, and Maloney, as well as Fred Brown.
Outcome
The new business items were approved following the discussion and questions from council members.
Continuing Business/ Presentations
During this agenda item, several matters were presented and discussed by the council.
Neighborhood Development Funds
The Neighborhood Development Funds were approved during this portion of the meeting.
Budget, Finance & Economic Development Committee Summary
A summary from the Budget, Finance & Economic Development Committee was confirmed as already approved, streamlining the review process.
Council Reports
Council members presented reports covering multiple topics:
- Gas prices
- Water franchise matters
- Upcoming events
Key Speakers
The discussion involved contributions from Maloney, Lamb, and Hanson.
Outcome
The agenda item concluded with an approval outcome.
Council Reports
Council members provided updates on several ongoing city initiatives during this informational segment.
Updates Presented
Hanson reported on three main items:
- Global Lex Press Conference: Council members shared information about a press conference related to Global Lex
- Overdose Awareness Event: An update was provided regarding an overdose awareness event
- Congressional Meeting: Council members reported on a meeting that took place with Congressman Andy Barr
Outcome
This segment served as an informational update, allowing council members to brief the body on recent activities and initiatives without formal action or debate.
Mayor's Report - Yes
The mayor's report was presented as Agenda Item VIII. 40:16
The report was approved without discussion.
Public Comment - Issues Not on Agenda
No public comments were received during this segment of the meeting.
Adjournment
The meeting was adjourned following a motion to adjourn that passed without objection. Stinnett moved for adjournment at approximately 43 minutes and 34 seconds into the meeting 43:34. The motion was approved, concluding the proceedings.
Decisions
- Motion — passed (0-0): approve the August 27, 2015 council meeting docket
- Motion — passed (0-0): schedule a public hearing, on September 22, 2015 at 6:00pm, for a zone change at 1551 Deer Haven Lane (ordinance #9)
- Motion — passed (0-0): enter closed session pursuant to KRS 61.810(1)(c) for potential litigation
- Motion — passed (0-0): return from closed session
- Motion — passed (0-0): approve the August 18, 2015 work session summary
- Motion — passed (0-0): approve budget amendments
- Motion — passed (0-0): approve new business
- Motion — passed (0-0): approve neighborhood development funds
- Motion — passed (0-0): refer downtown speed limits to the Environmental Quality & Public Works Committee
- Motion — passed (0-0): approve the Mayor's report
- Motion — passed (0-0): enter closed session pursuant to KRS 61.810(1)(c) for the purpose of discussions regarding pending and potential litigation
- Motion — passed (0-0): return from closed session
- Motion — passed (0-0): place on the docket for the August 27th council meeting a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain one temporary construction easement and one permanent drainage easement across the property located at 1250 Deer Haven Lane for the Polo Club Boulevard Public Improvement Project
- Motion — passed (0-0): adjourn at 5:32pm