Inter Governmental Committee

Summary

Meeting Overview

The Inter-Governmental Committee met on November 11, 2008, at 1:00 p.m. in the Council Chambers, Second Floor, Government Center, 200 East Main Street, Lexington, Kentucky. CM DeCamp presided over the meeting, which included five agenda items, three motions and votes, and nine public comments.

The committee addressed several matters during the session. Two items were deferred or postponed for future consideration: Temporary Structures (Stevens) was deferred, while the Citizens' Advocate Office Standards/Policy & Procedures Manual (Myers/Ellinger) and Boards/Commissions Reporting (Myers) were both postponed. Two informational presentations were delivered: one on a Proposed New Compensation System by Gorton and an Update on Committee Items. The committee took three votes during the meeting and heard nine public comments from members of the public.

Attendance

Present: - CM DeCamp - CM Beard - CM Stinnett - CM Crosbie - CM Blevins - CM Henson - Dewey Crowe - Jessica Case - Steve Hobbs - Alan Stein - Bart Shockley - Doug Martin - Rena Wiseman - Amjad Abu Hanik - Ken Littrell - Clark Gaise - Bill Sallee

Absent: - CM James - CM Myers - CM Gray - CM Blevins

Late: None recorded

Votes and Decisions

The Council took three votes during this meeting, all of which passed by voice vote.

Motion to Restrict Speaking Time on Temporary Structures 15:13

CM Beard moved to restrict speaking time on temporary structures to six minutes per speaker. CM Stinnett seconded the motion. The motion passed by voice vote with no abstentions.

Motion to Review Citizen's Advocate Office Standards 1:07:37

CM Beard moved to allow time for the Council to review the Citizen's Advocate Office Standards/Policy & Procedures Manual and discuss it at the next meeting. CM Blevins seconded the motion. The motion passed by voice vote with no abstentions.

Motion to Adjourn 1:08:43

CM Blevins moved to adjourn the meeting. CM Crosbie seconded the motion. The motion passed by voice vote with no abstentions.

Public Comment

Nine speakers addressed the proposed text amendment regarding temporary structures in the zoning ordinance.

Support for the Amendment

Jessica Case, representing seven individuals on 3rd Street, supported the amendment to define temporary structures and prevent abuse of the 180-day rule, citing the Carrick House as a key example of how current regulations allow circumvention of historic preservation requirements 16:08.

Amjad Abu Hanik, representing Marathon Food Mart, supported the amendment and emphasized the positive impact of the Carrick House on downtown, urging a narrowly tailored solution 42:46.

Clark Gaise, speaking for downtown residents, supported the amendment but recommended modifications to exclude seasonal uses and allow multiple short-term uses to avoid unintended consequences 45:01.

Opposition to the Amendment

Steve Hobbs of Lexington Magic Carpets opposed limiting temporary structures to 60 days, arguing the restriction would hinder seasonal events at the Fayette Mall and reduce business flexibility 24:16.

Alan Stein of the Lexington Legends warned that the amendment would disrupt seasonal operations at Applebee's Park, which rely on temporary structures that cannot be dismantled mid-season 26:23.

Bart Shockley objected on behalf of Paul Miller Ford, stating that temporary tents are essential for national advertising campaigns and critical to their automotive business model 29:52.

Doug Martin, representing Sunshine Growth Shops, argued that seasonal outdoor sales are vital and that the amendment would impose undue regulatory burden, especially on small businesses 31:28.

Rena Wiseman, representing Carrick House owners, opposed the amendment, asserting that the structure complies with all rules, serves a legitimate business purpose, and that the amendment unfairly targets one property 35:26.

Ken Littrell of Clean Sweep Car Wash warned that the amendment could harm small businesses that rely on temporary structures for seasonal operations and shade 43:49.

Appointments

CM James was appointed to the Inter-Governmental Committee.

Contested Items

Temporary Structures Text Amendment

A proposal to amend the zoning ordinance's definition of temporary structures generated heated discussion during the meeting. The amendment aimed to close what supporters characterized as a loophole in the zoning code that allowed structures to circumvent historic preservation and design review processes.

Opponents of the amendment argued that the proposal unfairly targeted the Carrick House and would cause harm to seasonal businesses. Their concerns centered on the potential negative impact the stricter definition would have on commercial operations that relied on temporary installations.

Supporters of the amendment emphasized the necessity of closing the identified loophole to ensure that historic preservation standards and design review requirements could not be avoided through the use of temporary structures. They framed the amendment as essential regulatory clarification.

The nature of this disagreement reflected a fundamental tension between preserving regulatory oversight of historic properties and design standards on one hand, and protecting business operations and specific properties from what opponents viewed as disproportionate restrictions on the other.

Temporary Structures - Stevens (1-9)

0:00

The committee discussed a proposed text amendment to define temporary structures in the zoning ordinance. The amendment was prompted by concerns regarding the Carrick House structure.

Discussion and Testimony

Multiple stakeholders testified both in support of and in opposition to the proposed amendment. Key speakers included Dewey Crowe, Jessica Case, Steve Hobbs, Alan Stein, Bart Shockley, Doug Martin, Rena Wiseman, Amjad Abu Hanik, Ken Littrell, Clark Gaise, and Bill Sallee.

Central Debate

A primary point of contention emerged regarding the scope and intent of the amendment. Debate centered on whether the proposed text amendment would unfairly target one specific property or whether it would address a broader loophole in the existing zoning ordinance regarding temporary structures.

Committee Action

Rather than voting on the amendment immediately, the committee agreed to appoint a subcommittee to conduct a comprehensive review of the entire zoning ordinance based on the testimony presented during the discussion.

Outcome

The agenda item was deferred pending the subcommittee's review.

Citizens' Advocate Office Standards/ Policy & Procedures Manual - Myers/Ellinger

1:04:51

The committee reviewed a draft manual for the Citizens' Advocate Office that had been developed through multiple meetings involving the Citizen's Advocate and council members. The manual outlines standards, policies, and procedures for the office's operations.

Key Participants

The discussion involved Council Members Myers, DeCamp, Stinnett, Crosbie, and Ellinger, as well as Ms. Beck.

Action Taken

A motion was made to allow additional time for committee members to review the draft manual before proceeding with further discussion. This motion passed unanimously, indicating that the committee determined more review time was necessary before substantive deliberation could occur on the manual's contents.

Outcome

The agenda item was postponed pending completion of the review period.

Proposed New Compensation System - Gorton

8:25

Commissioner Koch provided an update on the proposed new compensation system for Gorton. The presentation addressed implementation timelines and current constraints affecting the project rollout.

Key Points:

• Implementation of the new compensation system has been delayed due to resource constraints related to the Peoplesoft rollout
• A revised schedule for the compensation system will be provided following the completion of Peoplesoft implementation

Outcome:

This agenda item was presented as informational, with no formal action taken. Commissioner Koch indicated that further details on implementation timing would be available once the Peoplesoft system is fully deployed.

Boards/Commissions Reporting - Myers (76-84)

1:04:51

This agenda item was postponed to the next meeting. Councilmember DeCamp noted that the item could not proceed as scheduled due to the absence of key members, including Councilmember Myers, whose participation was necessary for the discussion.

Outcome: Postponed to next meeting

Update on Committee Items (85)

No motions or updates were presented during this segment of the meeting. This agenda item was designated as informational in nature, with no substantive discussion or action items recorded.