Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on March 10, 2009, with Newberry presiding. The meeting covered 7 agenda items, all of which were approved, spanning a range of topics including rezoning requests, ordinance amendments, funding resolutions, and local infrastructure matters. Across the course of the meeting, 12 motions and votes were recorded and 1 public comment was heard. Notable items addressed included a resolution related to American Recovery and Reinvestment Act funds, the establishment of a Lyric Theatre Working Group, a parking restriction on Alexandria Drive, and regulations concerning golf carts on public roads.

Attendance

All members were present at the March 10, 2009 Council meeting, with no absences or late arrivals recorded.

Present (16): Newberry, McChord, Ellinger, Lane, Stinnett, Lawless, Gorton, Blues, Gray, Martin, Beard, James, Crosbie, Feigel, Henson, and Myers.

Absent: None.

Late: None.

Votes and Decisions

The Council took the following actions at the March 10, 2009 meeting:

• Summary of 3/3/09: Approved unanimously on a motion by CM Gorton, seconded by CM Blues.

• Budget amendments: Approved unanimously on a motion by CM Gorton, seconded by CM Gray.

• New business items A–Y: Approved unanimously on a motion by CM Beard, seconded by CM Gorton.

• Zone change (Light Industrial to Highway Service Business): A motion to place on the docket without a hearing for the March 12, 2009 Council Meeting an ordinance changing the zone from Light Industrial (I-1) to Highway Service Business (B-3) for 2.82 net acres passed unanimously, subject to certain use restrictions imposed as conditions of granting the zone change. Motion by CM McChord, seconded by CM Ellinger.

• Article 1-11 amendment referral: A motion to refer an ordinance amending Article 1-11 to the Planning Committee passed on a roll call vote of 12 ayes to 1 nay, with 1 abstention. CM Gorton cast the lone dissenting vote. Motion by CM Lane, seconded by CM Ellinger.

• American Recovery and Reinvestment Act resolution: A motion to place on the docket for the March 12, 2009 Council Meeting a resolution authorizing and directing the Mayor to apply for any available funds arising from the American Recovery and Reinvestment Act passed unanimously. Motion by CM Lane, seconded by CM Ellinger.

• Section 22-53.1 amendment: A motion to place on the docket for the March 12, 2009 Council Meeting an ordinance amending Section 22-53.1 of the Code of Ordinances passed on a roll call vote of 13 ayes, 0 nays, and 1 abstention. Motion by CM Stinnett, seconded by CM McChord.

• Amended docket: Approved unanimously on a motion by CM Lane, seconded by CM Lawless.

• Lyric Theatre Working Group: Approved unanimously to form a Lyric Theatre Working Group on a motion by CM Stinnett, seconded by CM Henson.

• Parking restriction on 1300 block of Alexandria Dr: Approved unanimously on a motion by CM Ellinger, seconded by CM Crosbie.

• 3/10/09 NDF list: Approved unanimously on a motion by CM Beard, seconded by CM McChord.

• Golf carts on public roads: Referred to the Services Committee unanimously on a motion by CM Stinnett, seconded by CM Feigel.

Budget and Financial Actions

The Council approved a wide range of financial and contractual actions at the March 10, 2009 meeting, spanning public safety, infrastructure, legal services, and environmental programs.

Professional Services and Contracts

• 171-09 & 172-09: Authorized Professional Service Agreements with L. Lianne McBride and Jessica Collins, both Sexual Assault Nurse Examiners (SANE), for the performance of forensic examinations.
• 173-09: Authorized a Partner Agreement with the University of Kentucky Bluegrass Healthy Marriage Initiative (BHMI).
• 176-09: Authorized an Engagement Letter for Legal Services with Terry Sellars of Henry Watz Gardner & Sellars, PLLC.
• 190-09: Authorized a Master Software License Agreement with Devomni Corporation.
• 192-09: Authorized an Engineering Services Agreement with CDP Engineers, Inc. regarding the Appomattox Road Letter of Map Revision (LOMR) and the Sherwood Drive Drainage Improvements Projects.

Grants

• 193-09: Authorized submission of an application to the Kentucky Justice and Public Safety Cabinet (JPSC) for participation in the Law Enforcement Service Fee Grant Program for FY2010.
• 194-09: Authorized submission of an application to the JPSC for continuation of the Street Sales Drug Enforcement Project for FY2010.
• 191-09: Authorized submission of an application to the Environmental Protection Agency (EPA) under the Community Action for a Renewed Environment (CARE) Program.

Easements and Property Actions

• 174-09 & 175-09: Authorized Deeds of Acceptance for permanent sidewalk and temporary construction easements related to the Georgetown Street Sidewalk Improvements Project.
• 182-09 through 189-09: Authorized multiple Deeds of Acceptance for temporary construction and permanent right-of-way easements related to the Clays Mill Road Improvements Project.
• 177-09: Authorized a Deed of Acceptance for property at 138 Northwood Drive under the Northwood Drive Storm Water Project.
• 178-09 & 180-09: Authorized Deeds of Acceptance for permanent sanitary sewer and temporary construction easements regarding the North Elkhorn Force Main Project.

Other Actions

• 179-09: Authorized Change Order No. 1 to a contract with Spectrum Contracting regarding the Gainesway Pond and Educational Trail System Project.
• 181-09: Authorized an amendment to Resolution No. 273-2008 to change the name of an approved company under a Kentucky Jobs Development Act (KJDA) inducement.
• 195-09: Authorized acceptance of a donation of an Image 2000 Treadmill from Judy Craft.

No dollar amounts were specified in the record for any of these items.

Public Comment

0:00 One member of the public addressed the Council during the public comment period.

• Mark Winkler spoke regarding the Gainesway Pond project. Winkler raised concerns about the environmental impact of the project, specifically citing violations of the Clean Water Act. He urged the Council not to approve any additional funds for the contractor associated with the project.

Appointments

The Council took action on two appointments to the Green Space Commission during the meeting.

• Bridget Collier was appointed to the Green Space Commission.
• Dr. Blues was appointed to the Green Space Commission.

Both individuals were appointed to serve on the Green Space Commission, bringing the body two new members as a result of the Council's action at the March 10, 2009 meeting.

Contested Items

• Ordinance Amending Article 1-11: This item produced the meeting's only notably divided outcome, with the council voting 12-1 with 1 abstention to refer the ordinance to the Planning Committee. The split vote indicates that while a strong majority supported sending the matter to committee for further review, at least one council member opposed the referral and one chose not to vote either way. The available data does not specify the particular provisions of the amendment or identify which council members cast the dissenting or abstaining votes.

Requested Rezonings / Docket Approval

The Council discussed placing an ordinance on the docket to rezone approximately 2.82 net acres at 3695 Nicholasville Rd. The proposed change would convert the property from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone.

CM McChord and CM Ellinger were the key speakers during this agenda item. The Council considered the rezoning request and moved to approve placing the ordinance on the docket.

The measure was approved.

Ordinance Amending Article 1-11

The Council took up an ordinance proposing amendments to Article 1-11, specifically targeting the definitions of "dwelling unit" and "extended-stay hotel."

Key Speakers: - CM Lane - CM Ellinger

Discussion and Outcome:

CM Lane and CM Ellinger were the primary voices on this agenda item. The ordinance under consideration sought to revise the existing definitions of "dwelling unit" and "extended-stay hotel" within Article 1-11, though the specific nature of the proposed definitional changes is not detailed in the available record.

Following discussion, the Council voted to refer the ordinance to the Planning Committee for further review rather than acting on it directly. The referral was approved.

> *Note: No transcript timestamp is available for this agenda item. For the precise moment of discussion, viewers should consult the full meeting video for the March 10, 2009 Council meeting.*

Resolution for American Recovery and Reinvestment Act Funds

The Council considered a resolution authorizing the Mayor to apply for funds available through the American Recovery and Reinvestment Act (ARRA). Key speakers on this item were CM Lane and CM Ellinger.

The resolution centered on granting the Mayor authority to pursue ARRA funding opportunities on behalf of the city. No additional details regarding the specific programs, funding amounts, or project types targeted by the application are available from the meeting record.

The resolution was approved by the Council.

Ordinance Amending Section 22-53.1

The Council considered an ordinance to amend Section 22-53.1 of the Code of Ordinances, addressing two specific changes to police academy and recruitment requirements.

The proposed amendments would:

• Remove the requirement for the city to hold two police academies per year
• Extend the police recruit eligibility list from 12 months to 24 months

CM Stinnett and CM McChord were among the key speakers during the discussion of this item. The ordinance was ultimately approved by the Council.

Lyric Theatre Working Group

The Council discussed the formation of a working group tasked with developing a business plan for the Lyric Theatre. CM Stinnett and CM Henson were the key speakers on this agenda item.

The discussion centered on establishing the working group as a structured body to move forward with planning efforts related to the Lyric Theatre. The Council considered the purpose and scope of the working group, with the goal of producing a viable business plan for the venue.

The Council approved the formation of the Lyric Theatre Working Group.

Parking Restriction on Alexandria Dr

The Council considered a resolution to restrict parking on the 1300 block of Alexandria Dr. Council Members Ellinger and Crosbie were among the key speakers during the discussion of this item.

The resolution was approved by the Council.

*Note: Detailed information about the specific arguments presented, concerns raised, or the nature of the debate is not available in the provided record for this agenda item.*

Golf Carts on Public Roads

The Council discussed the topic of allowing golf carts to operate on public roads. CM Stinnett and CM Feigel were the key speakers on this agenda item.

Following the discussion, the Council approved referring the matter to the Services Committee for further review. No additional details regarding specific arguments made, concerns raised, or the scope of any proposed ordinance are available from the meeting record.