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Council Work Session

March 7, 2023 · 11,557 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Council convened on March 9, 2023, at 3:00 PM in the Council Chamber at 200 E. Main St, Lexington, KY 40507, with Mayor Linda Gorton presiding. The council addressed two main agenda items during the session, taking a total of five votes throughout the meeting.

The council successfully approved the Timeout for People Award, while discussion of short-term rentals was tabled for future consideration. Two members of the public provided comments during the public comment period, contributing community input to the proceedings. The meeting demonstrated the council's ongoing work to address both community recognition initiatives and regulatory matters affecting the city.

Attendance

The following members were present at the March 7, 2023 meeting:

Present: • Mayor Linda Gorton • Vice Mayor Wu • J. Brown • Ellinger • Fogle • Lynch • LeGris • Monarrez • Sheehan • Gray • Worley • Baxter • Reynolds • Plomin

Absent: • F. Brown • Sevigny

No members arrived late to the meeting. A total of 14 members were present and 2 members were absent.

Votes and Decisions

The council conducted five votes during the March 7, 2023 meeting, all of which passed by voice vote.

Agenda Modification 2:00 Councilmember Gray motioned to suspend the rules and move the Timeout for People Award to the beginning of the agenda. The motion was seconded and passed by voice vote.

Work Session Summary Approval 3:00 Ellinger motioned to approve the February 28, 2023 work session summary, with Reynolds providing the second. The motion passed by voice vote.

New Business Approval 4:00 Plomin made a motion to approve new business, seconded by Sheehan. The council approved the motion by voice vote.

Federal Funds Resolution 5:00 J. Brown motioned to approve a resolution rescinding the Council's prior determination to preliminarily award $6,000,000 in federal funds. Reynolds seconded the motion, which passed by voice vote.

Adjournment 6:00 Wu motioned to adjourn the meeting, with Fogle providing the second. The motion to adjourn passed by voice vote.

All votes were conducted as voice votes rather than roll call votes, so individual member positions were not recorded. No motions failed or received opposition during this meeting session.

Budget and Financial Actions

The meeting addressed five financial items totaling $747,642.55 in expenditures and grants.

Infrastructure Grants

Two stormwater quality project incentive grants were approved under the Class B Infrastructure program:

  • Resolution 0223-23: Authorization for a $180,000.00 grant to Huber Real Estate No. 1, LLC for a stormwater quality project
  • Resolution 0238-23: Authorization for a $316,564.80 grant to Windswept Ventures, LLC for a stormwater quality project

Service Contracts

The council authorized three service agreements:

  • Resolution 0226-23: A $26,000 purchase of service agreement with the University of Kentucky Community Innovation Lab
  • Resolution 0250-23: An engineering services agreement with Strand Associates, Inc. for $196,780.00
  • Resolution 0257-23: Change Order No. 4 with Pace Contracting for $28,297.75 related to the Splash! at Charles Young Park construction project

The stormwater grants represented the largest financial commitments, accounting for $496,564.80 of the total approved spending. These grants support private development projects that incorporate stormwater management infrastructure improvements.

The engineering services contract with Strand Associates represents a significant professional services commitment, while the University of Kentucky agreement suggests ongoing community development or research initiatives. The change order for the Charles Young Park project indicates additional costs for the recreational facility construction.

Public Comment

Two speakers addressed the council during the public comment period, both focusing on proposed short-term rental legislation.

Ginny Daily 10:00 spoke first, raising multiple concerns about the short-term rental regulations under consideration. Daily highlighted issues with the definition of hosting within the proposed legislation and questioned the grandfathering provisions that would affect existing operators. She also expressed concerns about occupancy limits being considered, the proposed fee structure for short-term rental permits, and called for greater transparency in how the regulations would be implemented and enforced.

Amy Clark 12:00 followed with remarks urging the council not to move forward with the short-term rental legislation in its current form. Clark specifically cited concerns about regulatory incentives that could encourage property owners to convert long-term housing units into short-term rentals, potentially reducing the available housing stock for permanent residents. She argued that the proposed regulations could have unintended consequences for the local housing market.

Both speakers focused their comments on the same policy issue, suggesting that short-term rental regulation was a significant agenda item for the March 7, 2023 meeting. The public comments reflected concerns from different perspectives - Daily's remarks focused on implementation details and operational aspects of the proposed regulations, while Clark's comments addressed broader policy implications and potential housing market impacts.

Contested Items

During the March 7, 2023 meeting, one primary contested item generated significant community discussion and opposition.

Short-term Rental Regulations

The proposed short-term rental regulations faced substantial community opposition from residents concerned about the potential impacts on local housing and neighborhood dynamics. Community members voiced objections regarding how these regulations might affect housing availability in the area, with some arguing that restrictions could limit rental options while others contended that insufficient regulation could worsen housing shortages.

Residents also raised concerns about the potential effects on neighborhood character, suggesting that the proposed regulations either went too far in restricting property owners' rights or did not go far enough in protecting residential communities from commercial-style rental operations.

The nature of the opposition centered on community members' disagreements about the appropriate balance between allowing property owners to utilize short-term rental platforms and preserving neighborhood stability and housing stock for long-term residents.

*Note: Specific transcript timestamps, participant names, and the final outcome of this contested item were not available in the provided meeting data.*

Timeout for People Award

2:30

Mayor Linda Gorton presented the Timeout for People Award to Officer Ryan Holland during the meeting. The award recognized Officer Holland's extraordinary acts of community service performed outside of his official duties.

Officer Holland was honored for his exceptional commitment to serving the community beyond his regular responsibilities as a law enforcement officer. The Timeout for People Award specifically acknowledges individuals who demonstrate outstanding dedication to community service in their personal time.

Mayor Gorton presented the award to Officer Holland, highlighting his contributions to the community through volunteer work and service activities conducted outside of his official capacity. The recognition emphasized the importance of public servants who go above and beyond their job requirements to make a positive impact in their communities.

Officer Holland accepted the award during the presentation. The agenda item was categorized as a presentation, focusing on recognizing and celebrating the officer's community service achievements rather than requiring any formal action or vote from the governing body.

The award presentation was approved and completed as scheduled during the meeting.

Short-term rentals

15:00

The council discussed proposed regulations for short-term rentals during this agenda item. The discussion focused on potential zoning and code changes that would govern short-term rental operations within the city.

Councilmember James Brown and Councilmember Sheehan were the key participants in the discussion, though specific details of their positions or the content of their remarks were not captured in the available materials.

The proposed regulations appear to involve modifications to existing zoning ordinances and building codes to address the growing presence of short-term rental properties in residential areas. However, the specific provisions of the proposed changes, including any restrictions on locations, operational requirements, or permit processes, were not detailed in the summary materials.

After discussion, the council decided to table the item rather than take immediate action. This outcome suggests that additional time may be needed for further review, public input, or refinement of the proposed regulations before the council is ready to move forward with any formal adoption.

The tabling of this item indicates that short-term rental regulation remains an ongoing consideration for the council, with the matter likely to return to a future meeting agenda for continued deliberation.

Decisions

  • Motion — passed (0-0): approve the March 9, 2023 council meeting docket as amended
  • Motion — passed (0-0): place ordinance number 5 (an Ordinance modifying a conditional zoning restriction in the Neighborhood Business (B-1) zone, for 0.92 net (1.15 gross) acres, for property located at 2400 Versailles Rd.) on the docket with a public hearing on Tuesday, April 18, 2023 at 5pm
  • Motion — passed (0-0): place ordinance number 6 (an Ordinance changing the zone from a Neighborhood Business (B-1) zone to a High Rise Apartment (R-5) zone, for 2.29 net (2.52 gross) acres, for property located at 340 Legion Dr.) on the docket without a public hearing
  • Motion — passed (0-0): place on the docket, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Letter of Engagement to retain the professional services of Dean Dorton Allen Ford, PLLC (awarded pursuant to RFP No. 3-2023), to conduct an audit of utility franchise fee revenues received from Ky. Utilities Co., Columbia Gas of Ky., Inc., and Bluegrass Energy Cooperative Corporation, and to enter into a Letter of Engagement related to the services at a cost not to exceed $47,000 (FY2023); and authorizing the Mayor or her designee to enter into any related Agreements
  • Motion — passed (0-0): place ordinance number 8 (an Ordinance changing the zone from a Single Family Residential (R-1D) zone to a Planned Neighborhood Residential (R-3) zone, for 0.97 net (1.15 gross) acres, for property located at 2819 Liberty Rd.) on the docket without a public hearing
  • Motion — passed (0-0): place ordinance number 10 (an Ordinance changing the zone from an Interchange Service Business (B-5P) zone to a Highway Service Business (B-3) zone for 30.24 net (37.36 gross) acres, for property located at 5380 Athens Boonesboro Rd. and 5354 Athens Boonesboro Rd. (a portion of)) on the docket with a public hearing on Tuesday, April 25, 2023 at 5pm
  • Motion — passed (0-0): place ordinance number 9 (an Ordinance changing the zone from a Professional Office (P-1) zone to a Planned Neighborhood Residential (R-3) zone, for 2.00 net (2.50 gross) acres, for property located at 410 Sporting Court (a portion of)) on the docket without a public hearing
  • Motion — passed (0-0): place ordinance number 7 (an Ordinance changing the zone from a Neighborhood Business (B-1) zone to a Planned Neighborhood Residential (R-3) zone, for 0.10 net (0.12 gross) acres, for property located at 712 Lancaster Ave.) on the docket without a public hearing
  • Motion — passed (0-0): approve the February 28, 2023 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): approve recommended policy changes to leave balances
  • Motion — passed (0-0): forward the short term rental ZOTA to the Planning Commission to review and return to council with recommendations or approval
  • Motion — passed (0-0): approve the amendments to the Short Term Rental ordinance
  • Motion — passed (0-0): postpone the amendments to the Short Term Rental ordinance pending Planning Commission review
  • Motion — passed (0-0): refer a full after assessment and review of the response to the recent weather event to the Social Services and Public Safety Committee
  • Motion — passed (0-0): approve the Mayor's Report
  • Motion — passed (0-0): approve the Mayor's Report - Price Contract Bid Recommendations
  • Motion — passed (0-0): adjourn at 4:23pm