Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Council convened on February 12, 2008, at 3:00 PM with Mayor Newberry presiding. The Council addressed a comprehensive agenda of 14 items, focusing primarily on property acquisitions, infrastructure improvements, and various municipal agreements. All agenda items presented to the Council were approved, with a total of 5 formal votes taken during the session. The meeting included one public comment period, allowing community input on the matters before the Council. The session demonstrated efficient municipal governance, with the Council successfully authorizing multiple easement acquisitions, service agreements, and operational amendments across various city departments including Environmental Quality, Social Services, and Public Safety.

Attendance

The February 12, 2008 Council meeting had strong attendance with ten members present and two absent.

Present: • Mayor Newberry • CM Gorton • CM James • CM Stevens • CM Myers • CM Stinnett • CM Blues • CM Blevins • CM McChord • CM Ellinger

Absent: • VM Gray • CM DeCamp

Late: • None

The meeting proceeded with a quorum present, allowing the Council to conduct official business with ten of the twelve total members in attendance.

Votes and Decisions

The Council took five unanimous votes during the February 12, 2008 meeting, with all motions passing without opposition.

Approval of February 5th Summary 0:30 CM Myers motioned to approve the February 5th meeting summary with amendments, seconded by CM Stevens. The motion passed unanimously.

New Business Items A-N 10:00 CM Stevens motioned to approve new business items A through N, with CM Myers providing the second. The Council voted unanimously to approve all items.

Graffiti Ordinance Development 20:00 CM Ellinger made a motion to draft a graffiti ordinance, seconded by CM Gorton. The motion received unanimous approval from the Council.

NDF List Approval 30:00 CM Blevins motioned to approve the NDF (Non-Departmental Funds) list for February 12, 2008, with CM Myers seconding the motion. The vote passed unanimously.

Breckenridge Street Traffic Signs 40:00 CM James motioned to install "no through truck" signs on Breckenridge Street, seconded by CM Myers. The Council unanimously approved the traffic control measure.

All votes were conducted as voice votes with unanimous consent, with no recorded individual vote tallies or dissenting opinions on any of the five motions considered during the meeting.

Budget and Financial Actions

The Council approved several significant financial actions totaling over $390,000 in expenditures and property acquisitions.

Property Acquisitions and Easements The largest single expenditure was the acquisition of 309 Dantzler Court for $156,700 (Resolution 081-08). The Council also approved two easement purchases: a permanent storm sewer easement and temporary construction easement at 222 Floral Park for $5,425 (Resolution 080-08), and a temporary construction easement at 227 Forest Park Road for $400 (Resolution 082-08).

Infrastructure and Equipment The Council authorized $63,508 for replacement parts for the Town Branch Wastewater Treatment Plant from Delaney and Associates, Inc. (Resolution 096-08). Additionally, Change Order No. 2 to the contract with BCD, Inc. for the Gainesway Community Building Project was approved for $36,516.78 (Resolution 088-08).

Agreements and Amendments A significant amendment to the sublease and management agreement with LexArts, Inc. was approved for $128,500 (Resolution 083-08). The Council also approved an amended site specific agreement for Ashtree Subdivision — Unit 2 (Resolution 097-08).

Service Agreements Several service agreements were established, including concession agreements with the Lexington Lions Club Inc. for Masterson Station Park Fairground (Resolution 089-08) and with the Fayette County Cooperative Extension District for the Agricultural Show Pavilion (Resolution 090-08). A professional service agreement with the University of Kentucky for disability parking evaluation was also approved (Resolution 091-08).

Grant Acceptance The Council accepted $501.75 in funds from the Marian Middleton Trust (Resolution 093-08).

Public Comment

The public comment period for the February 12, 2008 Council meeting featured one speaker addressing the Council.

1:30:00 Lewis Cobb spoke during the public comment period, focusing his remarks on Black History Month. Cobb used his time to express appreciation for the Council's ongoing work and efforts in the community. His comments acknowledged the significance of Black History Month and recognized the Council's contributions to the community during this observance period.

The public comment period provided an opportunity for community engagement, with Cobb taking advantage of the forum to share his perspective on the importance of Black History Month and to offer his thanks to the Council members for their service.

Authorization to Accept a Deed of a Permanent Storm Sewer Easement and a Temporary Construction Easement

10:00

The Council considered Resolution 080-08, which authorized the acceptance of a deed for a permanent storm sewer easement and a temporary construction easement at 222 Floral Park. This easement is required for the Elizabeth Street Drainage Improvements Project.

Council Members Martin and Taylor participated in the discussion of this agenda item. The resolution involves acquiring property rights necessary to complete drainage infrastructure improvements in the Elizabeth Street area.

The permanent storm sewer easement will provide the city with ongoing access rights to maintain and operate storm water management infrastructure at the 222 Floral Park location. The temporary construction easement will allow workers and equipment access to the property during the construction phase of the drainage improvements project.

The Council approved Resolution 080-08, granting the city authorization to accept the deed for both the permanent storm sewer easement and temporary construction easement at 222 Floral Park as part of the Elizabeth Street Drainage Improvements Project.

Authorization to Accept a Deed of a Temporary Construction Easement at 227 Forest Park Road

10:00

The Council considered Resolution 082-08, which authorized the acceptance of a deed for a temporary construction easement at 227 Forest Park Road. This easement is required for the Elizabeth Street Drainage Improvements Project.

The item was presented as part of the city's ongoing infrastructure improvement efforts to address drainage issues in the Elizabeth Street area. The temporary construction easement at 227 Forest Park Road would provide the necessary access and workspace for contractors to complete the drainage improvements project.

Council Members Martin and Taylor participated in the discussion of this agenda item. The resolution allows the city to formally accept the property owner's deed granting temporary construction rights, which is a standard procedure for municipal infrastructure projects that require work on or access through private property.

The temporary nature of the easement means that once the Elizabeth Street Drainage Improvements Project is completed, the construction rights would expire and the property would return to full private control. This type of arrangement protects both the city's ability to complete necessary public works projects and the property owner's long-term rights to their land.

Resolution 082-08 was approved by the Council, allowing city staff to proceed with accepting the temporary construction easement deed and moving forward with the Elizabeth Street Drainage Improvements Project. The approval enables the project to access the necessary workspace at 227 Forest Park Road during the construction phase.

Authorization to Accept a Deed for the Acquisition of 309 Dantzler Court

10:00

The Council considered Resolution 081-08, which would authorize the acceptance of a deed to acquire the property at 309 Dantzler Court. This acquisition is part of the Elizabeth Street Drainage Improvements Project.

CM Martin and CM Taylor participated in the discussion of this agenda item. The resolution involves accepting a deed for property that is needed to support drainage infrastructure improvements in the Elizabeth Street area.

The item was presented as a straightforward property acquisition necessary for the completion of the drainage project. No significant concerns or objections were raised during the discussion of this resolution.

The Council approved Resolution 081-08, authorizing the acceptance of the deed for 309 Dantzler Court to support the Elizabeth Street Drainage Improvements Project.

Authorization of Delaney and Associates, Inc. as the Sole Source Vendor for Replacement Parts

10:00

The Council considered Resolution 096-08, which would authorize Delaney and Associates, Inc. as the sole source vendor for replacement parts required for the Town Branch Wastewater Treatment Plant.

CM Martin presented the item, explaining that the authorization was necessary to ensure the continued operation and maintenance of the Town Branch Wastewater Treatment Plant. The resolution would establish Delaney and Associates, Inc. as the exclusive supplier for specific replacement parts needed at the facility.

CM Taylor participated in the discussion regarding this sole source vendor designation. The agenda item addressed the practical need to maintain critical infrastructure at the wastewater treatment plant through a reliable parts supplier.

The Council approved Resolution 096-08, formally authorizing Delaney and Associates, Inc. as the sole source vendor for the required replacement parts at the Town Branch Wastewater Treatment Plant. This authorization ensures the municipality has an established procurement relationship for essential components needed to maintain the facility's operations.

Authorization of an Amended Site Specific Agreement between LFUCG, Jessamine-Sou

10:00

The Council considered Resolution 097-08, which authorized an amended site-specific agreement between the Lexington-Fayette Urban County Government (LFUCG), Jessamine-South Elkhorn Water District, and Ashtree Properties, LLC. The agreement provides sanitary service to the Ashtree Subdivision — Unit 2 development.

Council Members Martin and Taylor participated in the discussion of this item. The resolution addresses the provision of wastewater services to the residential development, requiring coordination between the local government and the water district to ensure proper infrastructure and service delivery.

The amended agreement represents an update to existing arrangements for the subdivision's second unit, likely addressing changes in development plans, service requirements, or regulatory compliance since the original agreement was established.

The Council approved Resolution 097-08, authorizing the amended site-specific agreement to move forward. This approval enables the continued development of Ashtree Subdivision — Unit 2 with appropriate sanitary service infrastructure in place.

Authorization to Amend Section 22-5 of the Code of Ordinances within the Department of Environmental Quality

10:00

The Council considered agenda item 094-08, which proposed amending Section 22-5 of the Code of Ordinances to create two temporary unclassified civil service positions within the Department of Environmental Quality's Division of Water and Air Quality.

Council Members Allen and Taylor participated in the discussion of this ordinance amendment. The proposed changes would establish temporary positions to support the division's operations, though the specific duration and responsibilities of these positions were not detailed in the available materials.

The amendment represents an administrative adjustment to the city's personnel structure within the environmental quality department, specifically targeting the water and air quality division's staffing needs. By creating unclassified positions, the department would gain flexibility in hiring and managing these temporary roles outside the standard civil service classification system.

The Council approved the ordinance amendment without recorded opposition, allowing the Department of Environmental Quality to proceed with establishing the two temporary positions as outlined in the proposed changes to Section 22-5 of the Code of Ordinances.

Authorization to Amend Section 22-5 of the Code of Ordinances within the Department of Social Services, Division of Adult Services

10:00

The Council considered Ordinance 095-08, which proposed amendments to Section 22-5 of the Code of Ordinances to create two new unclassified civil service positions within the Department of Social Services' Division of Adult Services.

Council Members Allen and Helm participated in the discussion of this personnel matter. The ordinance was designed to establish these positions outside the standard classified civil service system, providing the department with additional staffing flexibility for specialized roles within adult services.

The amendment represents an organizational restructuring within the Division of Adult Services to better serve the community's needs. By creating unclassified positions, the department gains the ability to hire personnel with specific qualifications or expertise that may not fit within traditional civil service classifications.

The Council approved Ordinance 095-08, authorizing the requested amendments to the municipal code. This approval allows the Department of Social Services to proceed with establishing the two new unclassified positions and begin the hiring process to fill these roles within the Division of Adult Services.

Authorization to Amend Sublease and Management Agreement Between LFUCG and LexArts

10:00

The Council considered Resolution 083-08, which authorized an amendment to the sublease and management agreement between the Lexington-Fayette Urban County Government (LFUCG) and LexArts, Inc. regarding the Downtown Arts Center.

Council Members Boland and J. Kelly served as the key speakers during discussion of this item. The resolution sought to modify the existing contractual arrangement that governs LexArts' operation and management of the Downtown Arts Center facility.

While the extracted data indicates this item was discussed around the 10:00 mark of the meeting, specific details about the nature of the proposed amendments, the terms being modified, or the rationale behind the changes were not captured in the available materials. The discussion involved the two identified council members, though the substance of their remarks and any concerns they may have raised are not detailed in the source information.

The resolution ultimately received approval from the Council, allowing the amendment to the sublease and management agreement to proceed. This approval enables modifications to the contractual relationship between LFUCG and LexArts, Inc. for the continued operation of the Downtown Arts Center.

The item's passage suggests the Council found the proposed amendments acceptable, though without additional transcript details, the specific benefits or changes achieved through this amendment remain unclear from the available documentation.

Authorization of Change Order No. 2 to Contract with BCD, Inc. for the Gainesway

10:00

The Council considered Resolution 088-08, which authorized Change Order No. 2 to the contract with BCD, Inc. for the Gainesway Community Building Project. This change order would increase the contract amount for the ongoing construction project.

Council Member Hancock and Council Member Cole were the primary speakers during the discussion of this agenda item. The resolution addressed modifications needed for the community building project that required additional funding beyond the original contract scope.

The item was presented as a standard change order authorization, which is common in construction projects when unforeseen circumstances or design modifications arise during the building process. Change orders allow contractors to adjust project specifications and costs while maintaining the existing contract framework.

The Council ultimately approved Resolution 088-08, authorizing the change order to increase BCD, Inc.'s contract amount for the Gainesway Community Building Project. The approval allows the construction work to continue with the necessary modifications incorporated into the project scope.

Authorization of a Concession Agreement with the Lexington Lions Club Inc. for the Masterson Station Park Fairground

10:00

The Council considered Resolution 089-08, which would authorize a concession agreement with the Lexington Lions Club Inc. for space at the Masterson Station Park Fairground.

Council Members Hancock and Cole participated in the discussion of this agenda item. The resolution would formalize an arrangement allowing the Lions Club to operate concessions at the fairground facility.

The item was presented as a standard concession agreement that would benefit both the city and the Lions Club organization. The agreement would provide the Lions Club with designated space to conduct their concession operations while generating revenue for their community service activities.

No significant concerns or objections were raised during the discussion of this resolution. The arrangement appears to follow established procedures for concession agreements at city park facilities.

The Council approved Resolution 089-08, authorizing the concession agreement with the Lexington Lions Club Inc. for the Masterson Station Park Fairground.

Authorization of a Concession Agreement with the Fayette County Cooperative Extension District Board

10:00

The Council considered Resolution 090-08, which would authorize a concession agreement with the Fayette County Cooperative Extension District Board for the construction and use of an agricultural show pavilion at the Masterson Station Park Fairground.

The resolution establishes a partnership arrangement where the Cooperative Extension District Board would construct and operate an agricultural show pavilion on city-owned property at the fairground. This facility would support agricultural education and community programming through the extension service.

Council Members Hancock and Cole participated in the discussion of this agenda item. The concession agreement outlines the terms under which the Extension District Board would have rights to use the designated area for agricultural shows and related activities.

The proposed pavilion represents an investment in agricultural education infrastructure that would benefit both the extension service's programming needs and the broader community's access to agricultural education opportunities at Masterson Station Park.

The Council approved Resolution 090-08, authorizing the Mayor to execute the concession agreement with the Fayette County Cooperative Extension District Board for the agricultural show pavilion project.

Authorization of a Professional Service Agreement with the University of Kentucky

10:00

The Council considered Resolution 091-08, which would authorize a professional service agreement with the University of Kentucky for disability parking evaluation services. The agreement would enable the University of Kentucky to evaluate LFUCG employees who request disability parking accommodations.

CM Cole served as the key speaker for this agenda item, presenting the resolution to the Council for consideration. The professional service agreement represents a formal arrangement between the Lexington-Fayette Urban County Government and the University of Kentucky to provide specialized evaluation services for employees seeking disability parking privileges.

The resolution addresses the need for professional assessment of employee requests for disability parking accommodations, ensuring that such evaluations are conducted by qualified professionals at the University of Kentucky. This arrangement would provide LFUCG with access to medical expertise necessary to properly evaluate and determine eligibility for disability parking benefits.

The Council approved Resolution 091-08 without recorded opposition or significant debate. The straightforward nature of the professional service agreement and its clear purpose of providing necessary evaluation services for employee disability accommodations appeared to generate consensus among Council members.

This approval establishes a formal framework for LFUCG to utilize University of Kentucky services for disability parking evaluations, ensuring that employee requests for such accommodations are processed through appropriate professional channels.

Authorization to Amend Section 21-5 of the Code of Ordinances within the Department of Public Safety, Division of Community Corrections

10:00

The Council considered Ordinance 092-08, which proposed amendments to Section 21-5 of the Code of Ordinances affecting staffing within the Department of Public Safety's Division of Community Corrections. The ordinance sought authorization to abolish one existing classified civil service position and simultaneously create a new position within the same division.

Council Members Allen and Bennett participated in the discussion of this personnel restructuring measure. The proposed changes were designed to realign staffing resources within the Community Corrections division to better meet operational needs.

The ordinance represented an administrative adjustment that would maintain the overall staffing level while modifying the specific position classification and duties. By abolishing one position and creating another, the division could adapt its workforce structure without increasing total personnel costs.

The Council approved Ordinance 092-08, authorizing the Department of Public Safety to proceed with the position changes within the Division of Community Corrections. This approval allows the department to implement the staffing restructure as outlined in the amended Section 21-5 of the Code of Ordinances.

The measure reflects ongoing efforts to optimize departmental operations and ensure that position classifications align with current operational requirements within the community corrections function.

Authorization to Accept Current and Future Funds from the Marian Middleton Trust

10:00

The Council considered Resolution 093-08, which would authorize the city to accept current and future funds from the Marian Middleton Trust specifically designated for the Division of Fire and Emergency Services.

Council Member Hendricks and Council Member Bennett were the primary speakers on this agenda item. The resolution would establish the city's ability to receive ongoing financial support from the trust to benefit fire and emergency services operations.

The discussion focused on the procedural aspects of accepting the trust funds and ensuring proper authorization for both current donations and any future contributions the trust might provide. The resolution was structured to provide ongoing authorization rather than requiring separate approval for each future disbursement from the trust.

No significant concerns or opposition were raised during the discussion of this item. The Council appeared supportive of accepting the charitable contribution to enhance fire and emergency services capabilities.

Resolution 093-08 was approved by the Council, formally authorizing the city to accept funds from the Marian Middleton Trust for the Division of Fire and Emergency Services both immediately and in the future.