Council Work Session

June 9, 2009 · 43,765 words

Watch the official video · Markdown version · Full transcript (text) · Agenda (PDF) · Official minutes (PDF)

Summary

Meeting Overview

The Urban County Council met on June 9, 2009, under the presiding leadership of Vice Mayor Gray. During this session, the Council addressed 29 agenda items, taking 14 motions and votes while hearing 2 public comments. The meeting resulted in substantial approvals across multiple departments and initiatives, including authorizations for infrastructure projects, housing programs, and various contractual agreements. Twenty-four agenda items were approved, covering areas such as streetscape improvements, wastewater treatment facilities, housing rehabilitation programs, and donations to social services. Additionally, the Council received informational reports on the Recycling Center Master Plan, the LFUCG Airport Board, and a LexTran update, while deferring action on the Services Committee Report and the South Limestone Streetscape Project to a future date.

Attendance

Present: CM Lane, CM Crosbie, CM Ellinger, CM Beard, CM Gorton, CM McChord, CM Martin, CM Henson, CM Myers, CM James, CM Blues, CM Lawless, CM Wallace, CM Ryers, CM Dullinger, CM Feigl, CM Stinnett, and Mayor Newberry

Absent: CM Doug Martin

Late: None

Votes and Decisions

Motion to approve the docket for the June 9, 2009 work session 5:30 Moved by CM Lane, seconded by CM Crosbie. Passed by voice vote.

Motion to approve the summary of the June 2, 2009 work session 6:00 Moved by CM Stinnett, seconded by CM Gorton. Passed by voice vote.

Motion to amend Budget Journal #33683 to $1,035 7:44 Moved by CM Ellinger, seconded by CM Beard. Passed by voice vote.

Motion to amend Budget Journal #33194-95 to reflect $250,000 in the fund 17:48 Moved by CM Crosbie, seconded by CM Ellinger. Passed by roll call vote, 9-6. Voting in favor: CM Lane, CM Crosbie, CM Ellinger, CM Beard, CM Gorton, CM McChord, CM Martin, CM Henson, CM Myers. Voting against: CM James, CM Blues, CM Lawless, CM Wallace, CM Ryers, CM Dullinger.

Motion to approve budget amendments as amended 30:44 Passed by voice vote.

Motion to approve new business items A-X 43:35 Passed by voice vote.

Motion to move the animal cruelty draft to full council with amendment to include adequate shade 45:40 Moved by CM Ellinger, seconded by CM McChord. Passed by roll call vote, 12-2. Voting in favor: CM Lane, CM Crosbie, CM Ellinger, CM Beard, CM Gorton, CM McChord, CM Martin, CM Henson, CM Myers, CM James, CM Blues, CM Lawless. Voting against: CM Wallace, CM Ryers.

Motion to table the animal cruelty draft until revised 46:11 Moved by CM Lane, seconded by CM Martin. Failed by roll call vote, 3-12. Voting in favor: CM Lane, CM Martin, CM Henson. Voting against: CM Crosbie, CM Ellinger, CM Beard, CM Gorton, CM McChord, CM James, CM Blues, CM Lawless, CM Wallace, CM Ryers, CM Dullinger, CM Feigl.

Motion to approve the Services Committee report 56:23 Passed by voice vote.

Motion to add the Lextran budget to the June 11, 2009 docket 2:59:56 Moved by CM Henson, seconded by CM Gorton. Passed by voice vote.

Motion to amend the docket for June 11, 2009 to include allocation of UDAG funds to Habitat for Humanity for waterline upgrades 4:31:02 Moved by CM James, seconded by CM Myers. Passed by voice vote.

Motion to amend the docket for June 11, 2009 to include a resolution amending Section 2.102 of the Rules and Procedures to create an Economic Development Standing Committee 4:27:15 Moved by CM James, seconded by CM Myers. Failed by roll call vote, 4-6. Voting in favor: CM James, CM Blues, CM Lawless, CM Wallace. Voting against: CM Lane, CM Crosbie, CM Ellinger, CM Beard, CM Gorton, CM McChord.

Motion to place on the docket for June 11, 2009 resolutions authorizing and directing the mayor to enter into agreements for the expenditure of Neighborhood Development and/or Redevelopment Bond Issue funds 4:32:09 Moved by CM James, seconded by CM Lawless. Passed by voice vote.

Motion to approve the mayor's report with exceptions for Picnic with the Pops Commission and Social Services Advisory Board 4:38:36 Moved by CM Lawless, seconded by CM Martin. Passed by voice vote.

Budget and Financial Actions

The meeting addressed three financial matters:

Budget Amendment An amendment to Budget Journal #33683 was approved to reflect the actual cost of computers, adjusting the budget by $1,035.

Spotlight Lexington Festival Donation Fund The body established a $500,000 donation fund designated for the Spotlight Lexington Festival.

UDAG Grant to Habitat for Humanity UDAG funds totaling $45,000 were allocated to Habitat for Humanity for waterline upgrades.

Public Comment

Two members of the public addressed the council during this meeting.

Mr. Cobb 4:58:36 spoke on racial and social justice in Lexington. He urged the council to confront systemic racism and arrogance in the community, emphasizing the need for moral transformation, community unity, and respect for diversity to prevent societal collapse.

Ms. Clark 5:01:36 spoke in support of the Tates Creek sidewalk project. She expressed strong support for the proposal, highlighting its long-awaited benefits for safety, connectivity, and community access. Ms. Clark noted concerns about tree preservation and the potential impact on historic properties as considerations for the project.

Appointments

The following appointments were made during this meeting:

James Princeton Adams was appointed to the Social Services Advisory Board.

Dr. Stevens was appointed to the Tates Creek Sidewalk Project.

Contested Items

South Limestone Streetscape Project

Business owners and council members expressed strong opposition to this project, citing inadequate communication and lack of public notice as primary concerns. Opponents also worried about economic disruption resulting from street closures, despite acknowledgment of the project's potential long-term benefits. The lack of advance notification to affected stakeholders emerged as a central point of contention during the meeting.

LexTran Paratransit Fare Increase

A heated debate took place regarding a proposed $3 fare increase for paratransit service outside the three-quarter-mile boundary. Advocates against the increase argued that it would place an undue burden on low-income riders and would undermine the purpose of the tax referendum that had funded the service. The discussion reflected broader concerns about accessibility and equity in public transportation.

Animal Cruelty Ordinance

The animal cruelty ordinance generated significant division among council members. A motion to advance the draft ordinance to full council passed with a vote of 12-2, indicating majority support for further consideration. However, a subsequent motion to table the ordinance failed 3-12, demonstrating that while most members opposed postponing action, there remained deep disagreement over the ordinance's scope and drafting quality. The split outcomes suggest the council was not unified on how to proceed with this measure.

Authorization of an Expanded Jurisdiction Contract with the Kentucky Department of Housing, Buildings and Construction

31:18

The council considered a resolution to authorize an expanded jurisdiction contract with the Kentucky Department of Housing, Buildings and Construction on behalf of the Department of Public Works and Development, Division of Building Inspection.

CM Ellinger presented this agenda item to the council. The resolution sought approval for the city to enter into an expanded jurisdiction agreement with the state agency, which would extend the scope of the Division of Building Inspection's authority and responsibilities.

The council voted to approve the expanded jurisdiction contract. The resolution passed without noted opposition or significant debate during the meeting.

Authorization to Submit a Loan Application to the Kentucky Infrastructure Authority for the Downtown Streetscape Green Infrastructure Program

The council considered a resolution authorizing the submission of a loan application to the Kentucky Infrastructure Authority and the acceptance of an assistance agreement for the Downtown Streetscape Green Infrastructure Program 42:34.

Program Overview

The Downtown Streetscape Green Infrastructure Program includes green infrastructure funding made available under the American Recovery and Reinvestment Act.

Key Participants

CM Lawless and Mr. Woolen were the primary speakers on this agenda item.

Outcome

The resolution was approved.

Authorization of Change Order No. 1 to Contract with Strand Associates, Inc. Regarding the Legacy Trail Project

The council considered a resolution to approve Change Order No. 1 to the contract with Strand Associates, Inc. for the Legacy Trail Project 43:35. This change order provided for adjustments to the project scope and timeline.

The council voted to approve the change order. No specific concerns or debate points were documented in the available meeting materials.

Outcome: The resolution was approved.

Authorization of Deeds of Acceptances for Permanent Sidewalk Easements and Temporary Construction Easements

43:35

The council approved deeds of acceptance for permanent sidewalk easements and temporary construction easements at three properties on Georgetown Street: 467, 567, and 697 Georgetown Street. These easements were necessary to facilitate the Georgetown Street Sidewalk Improvements Project, allowing for construction activities and utility work to proceed on the affected properties.

The resolution authorized the city to accept the deeds related to both permanent easements for the sidewalk improvements and temporary easements required during the construction phase. This action enabled the project to move forward with the necessary legal agreements in place with the property owners.

The council voted to approve this item.

Authorization to Create Sections 15-1.3(1) Through 15-1.3(9) of the Code of Ordinances to Designate a Clean Zone for the 2010 Alltech FEI World Equestrian Games

31:18

The council considered an ordinance to create new sections of the Code of Ordinances establishing a Clean Zone for the 2010 Alltech FEI World Equestrian Games. The Clean Zone designation would restrict certain activities within a defined area during the event.

Key Speakers

CM Crosby and Mr. Terry participated in the discussion of this agenda item.

Proposal Details

The ordinance would authorize the creation of Sections 15-1.3(1) through 15-1.3(9) of the Code of Ordinances. The Clean Zone would impose restrictions on activities including yard sales and temporary structures within the designated area.

Outcome

The council approved the ordinance.

Authorization of an Official Merchandiser Agreement with Hands On Originals for Spotlight Lexington

The council considered a resolution to authorize an official merchandiser agreement with Hands On Originals for Spotlight Lexington 40:10.

Agreement Terms

The proposed agreement with Hands On Originals includes a 15% royalty on all retail sales to Spotlight Lexington.

Outcome

The council approved the merchandising agreement.

Authorization of a Presenting Sponsorship Agreement with Saint Joseph Health Systems

The council considered and approved a presenting sponsorship agreement with Saint Joseph Health Systems. 35:35

Agreement Details

The sponsorship agreement provides Saint Joseph Health Systems with naming rights for the 4th of July parade and inclusion in all media related to the event.

Outcome

The council approved the presenting sponsorship agreement with Saint Joseph Health Systems.

Key Participants

CM Crosby presented this item to the council.

Authorization of a Subscriber Agreement with Thomson West on Behalf of the Department of Law

43:35

The council considered and approved a subscriber agreement with Thomson West to provide legal research services in support of the Department of Law's operations.

Outcome

The resolution was approved.

Authorization to Amend Section 21-5 of the Code of Ordinances on Behalf of the Department of Environmental Quality

The council considered an amendment to Section 21-5 of the Code of Ordinances to update environmental policy, specifically related to stormwater management. 43:35

The council approved this ordinance amendment.

Authorization to Submit Loan Application to the Kentucky Infrastructure Authority for the Radcliffe Road Drainage Improvements Project

43:35

The council considered a resolution to authorize the submission of a loan application to the Kentucky Infrastructure Authority for the Radcliffe Road Drainage Improvements Project.

The council approved the authorization to submit the loan application.

Authorization of a Deed of Acceptance for Acquisition of Property Located at 133 Northwood Drive

The council considered and approved a deed of acceptance for the acquisition of property located at 133 Northwood Drive as part of the Northwood Drive Storm Water Project 43:35.

Outcome

The council approved the resolution authorizing acceptance of the deed for this property acquisition.

Authorization of a Change Order No. 1 to Contract with Strand Associates, Inc. Regarding the Town Branch Wastewater Treatment Plant Screw Pump Replacement Design

43:35

The council considered and approved a change order to the existing contract with Strand Associates, Inc. for design services related to the Town Branch Wastewater Treatment Plant screw pump replacement project.

The change order modified the terms of the original contract with Strand Associates, Inc. to address modifications needed for the screw pump replacement design work at the Town Branch Wastewater Treatment Plant.

The council voted to authorize the change order, and it was approved.

Authorization of an Engineering Services Agreement with HDR Engineering, Inc. Regarding the Wolf Run Pump Station Expansion and Relocation Project

43:35

The council considered and approved an engineering services agreement with HDR Engineering, Inc. for the Wolf Run Pump Station Expansion and Relocation Project. This resolution authorized the municipality to contract with HDR Engineering, Inc. to provide engineering services related to the expansion and relocation of the Wolf Run Pump Station.

The council voted to approve the agreement, moving forward with the engineering services necessary for this infrastructure project.

Authorization of a Sixth Amendment to Agreement with AmeriNational Community Services, Inc.

The council considered a resolution to authorize a sixth amendment to the agreement with AmeriNational Community Services, Inc. for the HOME and CDBG Housing Rehabilitation and Homeownership Programs 43:35.

The amendment extended the city's partnership with AmeriNational Community Services, Inc. to continue supporting housing rehabilitation and homeownership initiatives funded through the HOME (Home Investment Partnerships) and CDBG (Community Development Block Grant) programs.

The council approved the resolution.

Authorization of a Substantial Amendment to the 2008 Consolidated Plan and to Accept Award for the Community Development Block Grant (CDBG)

The council considered a resolution to authorize a substantial amendment to the 2008 Consolidated Plan and to accept an award for the Community Development Block Grant (CDBG) to support community development initiatives 43:35.

The council approved the resolution, which allows for modifications to the existing Consolidated Plan and enables the acceptance of CDBG funding for community development purposes. The CDBG program provides federal funding to support a range of community development activities designed to benefit low- and moderate-income persons and neighborhoods.

The outcome of the vote was approval of the agenda item.

Authorization to Accept an Award from the Kentucky Department of Local Government