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Council Work Session

November 3, 2015 · 7,668 words

Summary

Meeting Overview

The Urban County Council met on November 3, 2015, at 3:00 p.m. in the Council Chamber, 2nd Floor Government Center, in Lexington, Kentucky, with Mayor Jim Gray presiding. The council conducted 27 votes across 10 agenda items during the session. The meeting included 15 public comments from residents addressing both agenda items and matters not on the agenda. Key actions taken included approval of requested rezonings, approval of a summary, approval of budget amendments, and approval of new business items. The agenda also included informational presentations and reports from continuing business, council members, and the mayor.

Attendance

Present: Kay, Stinnett, J. Brown, Akers, Gibbs, Lamb, Farmer, Evans, Scutchfield, F. Brown, Mossotti, Bledsoe, Henson, Hensley, Maloney, Massadi, Stack, Bastin, Conrad, Reed, Gooding, Paulsen, Martin, Holmes, Thurman, Hamilton, and Moloney.

Absent: None reported.

Late: None reported.

Votes and Decisions

Voice Votes Passed 6:15

The following items passed by voice vote:

  • L1290-15: Authorization to accept donation of volunteer labor and materials from Immanuel Baptist Church for Black and Williams Neighborhood Center (motion by Ford)
  • L1292-15: Authorization to enter into facility usage contract with Fayette County Board of Education for Norsworthy Auditorium use on December 12, 2015 (motion by Conrad/Reed)
  • L1319-15: Authorization to purchase replacement parts for bar screens at Lower Can Run and North Elkhorn Pump Stations (motion by Martin/Holmes)
  • L1320-15: Authorization to approve Change Order #3 for Hazen and Sawyer engineering services related to Remedial Measures Plans (motion by Martin/Holmes)
  • L1321-15: Authorization to accept deeds of permanent right of way and easement for Haven Ct. Stormwater Improvement Project (motion by Martin/Holmes)
  • L1335-15: Authorization to execute Change Order No. 2 (Final) with Lexington Quarry Company for Southland Drive Bike Lane Project (motion by Gooding/Paulsen)
  • L1341-15: Authorization to execute Memorandum of Understanding with Seedleaf to reduce food waste to landfill (motion by Thurman/Holmes)
  • L1346-15: Authorization to approve Change Order #1 (Final) with Howell Contractors, Inc. to decrease cost and extend completion date (motion by Martin/Holmes)
  • L1347-15: Authorization to amend MS4 Program Management Agreement with Tetra Tech, Inc. to extend initial term to March 31, 2016 (motion by Martin/Holmes)
  • L1348-15: Authorization to execute service agreement with Windstream Communications to connect CKy911net to Adair County 911 (motion by Stack/Bastin)
  • L1349-15: Authorization to execute service agreement with Windstream Communications for fiber circuit in new 911 Center (PSOC) (motion by Stack/Bastin)
  • L1350-15: Authorization to execute agreement with K Norman Berry Associates Architects for Historic Fayette County Courthouse Rehabilitation Project (motion by Hamilton)
  • L1352-15: Authorization to execute agreement with Reed Weitkamp Schell and Frost Brown Todd for legal services on courthouse rehab (motion by Hamilton)
  • L1353-15: Authorization to submit grant application to Kentucky CMRS Board for text-to-911 capability (motion by Gooding/Bastin)

Roll Call Votes 12:48

Ordinance 0130-26 - Minimum Wage: Passed 8-6. Voting in favor: Kay, J. Brown, Akers, Gibbs, Lamb, Evans, Mossotti, Henson. Voting against: Stinnett, Farmer, Scutchfield, F. Brown, Bledsoe, Hensley. The ordinance establishes a minimum wage of $8.20/hour starting July 1, 2016 (motion by Mossotti, seconded by Lamb).

Amendment to Remove Tipped Wages: Failed 6-8. Voting in favor: Stinnett, Farmer, Scutchfield, F. Brown, Bledsoe, Hensley. Voting against: Kay, J. Brown, Akers, Gibbs, Lamb, Evans, Mossotti, Henson (motion by Farmer, seconded by Scutchfield).

Amendment for Small Business Exception: Failed 5-9. Voting in favor: Farmer, Scutchfield, F. Brown, Bledsoe, Hensley. Voting against: Kay, Stinnett, J. Brown, Akers, Gibbs, Lamb, Evans, Mossotti, Henson (motion by Hensley, seconded by Farmer).

Pavement Management Study Committee Placement: Passed 13-1. Voting against: F. Brown (motion by Evans, seconded by Mossotti, to place in Environmental Quality & Public Safety Committee).

Budget and Financial Actions

The meeting approved 16 budget amendments and financial actions totaling approximately $3.76 million:

Grant Match Roll-Forwards

The following unspent FY 2015 grant match funds were rolled forward for ongoing grants:

  • General Fund: $568,188.41 (JOURNAL BA 1)
  • Urban Fund: $7,265.30 (JOURNAL BA 2)
  • MAP Fund: $1,897,270.26 (JOURNAL BA 3)
  • Sewer Fund: $16,421.00 (JOURNAL BA 4)
  • Water Quality Fund: $286,213.30 (JOURNAL BA 5)

Grant Budgets and Amendments

  • Continuum of Care Planning Project grant budget establishment: $57,714.00 (JOURNAL 90736-37)
  • Continuum of Care Planning Project grant match budget: $12,000.00 (JOURNAL 90757)
  • State Homeland Security grant for Division of Police: $100,000.00 (JOURNAL 90923-24)
  • HOME 2015 grant amendment reflecting actual program income and increased housing rehabilitation budget: $21,926.14 (JOURNAL 90914-15)
  • CDBG 2015 grant amendment reflecting actual program income and increased housing rehabilitation budget: $62,463.97 (JOURNAL 90916-17)
  • Home Network 2014 grant funds for overtime and voluntary benefits: $3,000.00 (JOURNAL 90849)

Equipment, Donations, and Professional Services

  • Equipment Communications refund recognition: $510.75 (JOURNAL 90920-21)
  • Senior Programs donation recognition: $500.00 (JOURNAL 90717-18)
  • Professional services for budgeting system software project: $100,000.00 (JOURNAL 90778)

Infrastructure and Debt Service

  • FY 2016 Debt Service budgets for KIA Loans for Town Branch Waste Water Storage and Blue Sky Waste Water Treatment Plant Acquisition/Process Upgrade: $238,600.00 (JOURNAL 90818)
  • Reallocation of Town Branch wet weather storage tank savings for Remedial Measures Program management services: $780,000.00 (JOURNAL 90798)

Public Comment

The meeting included remarks from council members and community members on a variety of topics.

Clay's Mill Widening Project

Council Member Bledsoe reported on a well-attended Pasadena Neighborhood Association meeting and shared that the goal is to have the left turn on Clay's Mill open by December 1st, pending coordination with utility companies. 23:27

Breeders' Cup Event

Mayor Jim Gray praised the city's successful coordination of the Breeders' Cup, highlighting the efforts of city employees, volunteers, and Keeneland, and commending the overall community effort. 24:01

Council Member Hensley shared personal loss due to juvenile diabetes and praised the city's successful Breeders' Cup event, emphasizing its impact on the community. 24:37

Council Member Henson praised the city's efforts during Breeders' Cup and specifically thanked Keep Lexington Beautiful and Susan Pluger for their contributions. 51:55

Council Member Maloney echoed praise for the Breeders' Cup, emphasizing the positive impression it left on visitors and the city's ability to host world-class events. 52:58

Council Member Evans shared that friends from Iowa and South Dakota were highly impressed with the city's organization and hospitality during Breeders' Cup. 54:32

Mayor Jim Gray reiterated the success of the Breeders' Cup, highlighting the collaboration across departments and the city's ability to deliver a world-class event. 55:36

Street Naming

Council Member Maloney asked about the possibility of naming a street "Avenue of States" and questioned the city's policy on starting street names with "Avenue." 26:18

Council Member Evans expressed concern about the proposed name "Avenue of States" potentially violating the city's ordinance on street naming and suggested an alternative name. 28:23

Council Member Farmer supported the council's authority to name streets and referenced the existing "Avenue of Champions" as precedent. 29:26

Electronic Billboards and Vegetation Removal

Council Member Fred Brown raised concern about the state's new administrative regulations on electronic billboards and vegetation pruning, noting lack of awareness among the Transportation Policy Committee. 29:58

Amy Clark expressed concern that the proposed vegetation clearing could violate the state constitution and urged the council to oppose the state's amendments. 40:16

Community Announcements

Council Member Lamb announced a Veterans Day appreciation event to be held on November 11th at 10 a.m. next to the tank. 46:53

Council Member Scotchfield announced a volunteer Saturday at Raven Run on the first Saturday of the month for invasive plant removal and trail maintenance. 47:29

Council Member Massadi noted confusion around the Reynolds Road roundabout and announced that traffic engineers will add new striping to improve navigation and reduce accidents. 50:20

Contested Items

The November 3, 2015 meeting included two significant areas of disagreement among council members.

Street naming: 'Avenue of States'

Council members debated whether naming a street "Avenue of States" complied with city ordinance. The dispute centered on the appropriateness of using "Avenue" as a prefix for the street name. Some members questioned whether this naming convention violated existing regulations, while others argued that the council possessed the authority to name streets as it deemed appropriate. The disagreement reflected broader concerns about adherence to municipal naming standards versus flexibility in street designation.

Electronic billboards and vegetation removal regulations

A heated discussion emerged regarding the state's new regulations governing electronic billboards and vegetation removal. Council members expressed multiple concerns about these regulations, including a lack of awareness about their requirements and implications. Members also raised the possibility of legal challenges to the new rules and emphasized the importance of maintaining local control over signage and vegetation management within the city. The discussion highlighted tension between state-level regulatory authority and the council's desire to preserve local decision-making power on these matters.

Public Comment - Issues on Agenda

6:15

No members of the public signed up to provide comment on items listed on the meeting agenda. As a result, this portion of the meeting proceeded without public testimony, and the meeting moved forward to the next agenda item.

Requested Rezonings/Docket Approval

6:15

Council Member Hanson moved to approve the docket for requested rezonings. Vice Mayor Kaye seconded the motion.

No discussion took place regarding this agenda item. The motion passed without dissent.

Approval of Summary

A motion to approve the summary from the October 20, 2015 meeting was presented at this meeting 6:52. Farmer made the motion, and Kay seconded it.

The motion passed without dissent.

Budget Amendments

A motion to approve budget amendments was presented during this agenda item. Scotchfield made the motion, which was seconded by Stinnett. 7:23

The motion passed without dissent, resulting in approval of the budget amendments.

New Business

7:56

A motion to approve new business was made by Scotchfield and seconded by Farmer. The motion passed without dissent.

Continuing Business/Presentations

11:11

This agenda item included several presentations and informational reports from various city committees and initiatives.

Presentations Covered:

  • Neighborhood Development Funds
  • Summary of General Government & Social Services Committee
  • Summary of Environmental Quality & Public Works Committee
  • Proclamation for World Diabetes Awareness Month

Key Speakers:

The presentations were delivered by Stinnett, Lamb, Stack, Bastin, Conrad, and Hoagland.

Outcome:

This section was informational in nature, with no formal action items or votes required. The presentations provided updates on ongoing city business and committee work to the full body.

Council Reports

21:48

Council members provided reports on various topics during this agenda item.

Topics Covered:

  • Renaming of a street
  • Electronic billboards
  • The Breeders' Cup event

Key Speakers:

Reports were delivered by council members Bledsoe, Farmer, Hensley, Maloney, Scotchfield, Massadi, Henson, and Evans.

Outcome:

This agenda item was informational in nature, with council members sharing updates on their respective areas of focus or committee assignments.

Mayor's Report

No mayor's report was presented at this meeting. 55:03

Public Comment - Issues Not on Agenda

57:18

Public comment was opened for issues not on the agenda. Amy Clark addressed the board on two topics: electronic billboards and vegetation clearing.

The discussion was informational in nature, with no formal action taken. Amy Clark was the primary speaker during this portion of the meeting.

Adjournment

57:18

A motion to adjourn the meeting was made by Massadi and seconded by Scotchfield. The motion passed without dissent.

Decisions

  • Motion — passed (0-0): approve the November 5, 2015 Council meeting docket
  • Motion — passed (0-0): approve the October 27, 2015 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): approve the vacation time carry over policy
  • Motion — passed (0-0): place on the docket for the council meeting scheduled for November 5, 2015, a resolution authorizing the Mayor to execute change order No. 1 to the contract with Johnson Controls for the Fayette County Clerk HVAC Controls Renovation Project, increasing the contract price by the sum of $14,921.00
  • Motion — passed (0-0): place on the docket for the council meeting scheduled for November 5, 2015, a resolution authorizing the Mayor to execute Change Order No. 7 to the contract with Churchill McGee, LLC for the Public Safety Operations Center Phase 1B Renovation Project, increasing the contract price by the sum of $29,274.86 and adding three additional calendar days to the construction schedule
  • Motion — passed (0-0): place on the docket for the council meeting scheduled for Thursday, November 5, 2015, a resolution naming the unnamed street that leads to the Council of Government's State Headquarters "Avenue of States"
  • Motion — passed (0-0): Planning & Public Safety committee
  • Motion — passed (0-0): adjourn at 3:54pm