Services Committee

Summary

Meeting Overview

The Services Committee of Lexington-Fayette Urban County Government met on August 11, 2009, at 1:00 p.m., with CM Ellinger presiding. The committee addressed four agenda items during the session, taking five votes and hearing six public comments. Two items were approved: Taxicab Special Permits and Underground Utilities. One item, Golf Carts on Public Roads, was tabled for further consideration, while Items in Committee were deferred to a later date.

Attendance

Present: - CM Ellinger - CM Myers - CM Lawless - CM Beard - CM Feigel - CM Crosbie - CM Martin - CM Henson - CM Lane - CM Gorton - CM Stinnett - Glenda George - Don Daughtery - David Lord - Mike Sanner - Ed Gardner - David Friebert - Paul Schoninger

Absent: - CM McChord

Late: None recorded

Votes and Decisions

The meeting included five motions, all of which passed by voice vote.

Motion on Public Awareness Special Event Permits 13:10 CM Myers moved that the Law Department research Louisville's approach to public awareness special event permits and report back at the next meeting. CM Lawless seconded the motion, which passed by voice vote.

Motion on Taxicab Special Event Permits 29:14 CM Myers moved to move forward with the draft ordinance for taxicab special event permits, excluding the definition of "taxicab" as currently written. CM Henson seconded the motion, which passed by voice vote.

Motion to Remove Golf Carts on Public Roads Issue 44:10 CM Beard moved to remove the golf carts on public roads issue from the committee. CM Myers seconded the motion, which passed by voice vote.

Motion on Subdivision Regulations for Underground Utilities 1:15:12 CM Feigel moved to move forward with the Subdivision Regulations as drafted for underground utilities in new developments. CM Myers seconded the motion, which passed by voice vote.

Motion to Remove Zandale Storm Water Ditch Issue 1:18:29 CM Beard moved to remove the Zandale Storm Water Ditch issue from committee. CM Lane seconded the motion, which passed by voice vote.

Public Comment

Six speakers addressed the committee on topics ranging from taxicab special event permits to utility infrastructure and affordable housing.

Taxicab Special Event Permits

Mr. Don Daughtery from Yellow Cab spoke at 2:41 about the company's current practice of painting cabs for special events such as the Ryder Cup and breast cancer awareness campaigns. He stated that Yellow Cab is willing to cover the cost of painting for special event permits and emphasized that fares would remain unchanged. Mr. Daughtery expressed the company's support for the World Equestrian Games initiative.

David Lord from the Lexington Convention & Visitor's Bureau addressed taxicab advertising at 16:17, stating that the World Equestrian Games would support the use of taxicab advertising as a promotional tool. He noted that any design would be approved in coordination with the Games organizers.

Freedom of Speech and Aesthetic Concerns

Mr. Michael Martin raised two separate concerns. At 13:51, he expressed concerns about potential unintended consequences of taxi signage, such as offensive or controversial designs appearing on taxicabs. He urged the committee to establish community standards to prevent litigation over commercial speech. Later, at 1:02:40, Mr. Martin criticized the visual impact of large utility structures along major corridors like Newtown Pike, arguing they undermine Lexington's identity as the Horse Capital of the World and should be relocated or buried underground.

Underground Utilities and Housing Affordability

Mr. David Friebert from Kentucky Utilities addressed utility costs at 1:00:35. He explained that while underground utilities are more expensive than overhead installations—citing examples of $35 versus $400 per foot on Newtown Pike—the cost difference is less dramatic in green space developments and would be absorbed into lot prices.

Ms. Carol Lawless raised concerns at 59:25 that requiring underground utilities in new developments could price out moderate to low-income housing due to significantly higher installation costs.

Contested Items

The August 11, 2009 meeting included three items that generated significant disagreement among council members and stakeholders.

Freedom of Speech and Signage on Taxicabs

Councilmember Martin raised concerns about allowing potentially offensive or controversial signage on taxicabs. Martin warned that permitting such signage could invite legal challenges and called for the establishment of community standards to prevent unintended consequences from unrestricted advertising on vehicles.

Cost and Affordability of Underground Utilities

A split vote occurred over a proposal to require underground utilities. Councilmember Lawless expressed concern that mandating underground utility installation could make affordable housing developments economically unfeasible due to significantly higher installation costs compared to above-ground alternatives.

Safety and Enforcement of Golf Carts on Public Roads

The golf cart ordinance faced community opposition from law enforcement. Both the police and sheriff's departments opposed the measure, citing three primary concerns: safety risks associated with golf carts operating on public roads, insufficient enforcement capacity to monitor compliance, and the administrative burden the ordinance would create. As a result of this opposition, the item was tabled.

Taxicab Special Permits

The committee discussed a draft ordinance that would allow taxicab companies to obtain special event permits to temporarily modify their vehicle color schemes for events such as the World Equestrian Games. 1:00

Key Speakers and Participants

The discussion involved committee members CM Myers, CM Martin, and CM Beard, along with presenters Glenda George, Don Daughtery, David Lord, and Mike Sanner.

Issues Raised

Several concerns emerged during the committee's review of the proposed ordinance:

• Cost considerations – Questions were raised about the financial implications of the permit program
• Fare uniformity – Concerns about whether temporarily modified vehicles would maintain consistent fare structures
• Freedom of speech – Discussion of potential First Amendment implications related to vehicle modifications
• Potential for misuse – Committee members expressed concerns about how the permit system could be abused or exploited

Committee Action

The committee approved moving forward with the ordinance, with one modification: the current definition of "taxicab" was excluded from the final version. This exclusion suggests the committee wanted to refine the scope of which vehicles would be eligible for the special event permits before final passage.

Golf Carts on Public Roads

The committee reviewed a draft ordinance that would permit golf carts to operate on public roads. 35:51

Key Speakers and Positions

The discussion involved Committee Members Stinnett, Beard, Lane, Myers, and Feigel, along with Mike Sanner and Paul Schoninger.

Concerns Raised

Several significant concerns emerged during the review:

• Safety Issues: Questions were raised about the safety implications of allowing golf carts on public roads.
• Enforcement Challenges: Committee members expressed concerns about the ability to enforce such an ordinance.
• Administrative Burden: The proposal was seen as creating additional administrative work without adequate resources.
• Inspection Capacity: A lack of manpower to conduct necessary inspections was identified as a critical obstacle.

Opposition from Law Enforcement

Both the police and sheriff's departments opposed the proposal, citing operational and public safety concerns.

Outcome

The committee voted to remove the golf carts on public roads issue from further consideration, effectively tabling the proposal.

Underground Utilities

The committee discussed a proposed ordinance requiring underground utilities in all new subdivisions. 54:39

Key Speakers and Discussion

CM Feigel, David Friebert, CM Lawless, CM Martin, and CM Lane participated in the discussion of this agenda item.

Concerns Raised

Several concerns were raised during the discussion:

• Cost impacts on affordable housing: Committee members expressed concern that requiring underground utilities could increase development costs and negatively affect the affordability of new housing in subdivisions.
• Visual aesthetics: The committee discussed how underground utilities would affect the visual appearance of new developments.
• Engineering standards: The need for clear engineering standards to accompany the ordinance was identified as an important consideration.

Outcome

The committee approved moving forward with the Subdivision Regulations as drafted.

Items in Committee

The committee reviewed several pending items during this portion of the meeting. 1:15:48

Items Discussed:

The Zandale Storm Water Ditch was reviewed but was removed from consideration due to cost concerns raised during the discussion.

Other pending matters included: - Animal cruelty ordinance - Right-of-way signage

Participants:

Key speakers on these items included Paul Schoninger, CM Beard, CM Lane, and CM Myers.

Outcome:

The animal cruelty ordinance and right-of-way signage items were deferred to allow for further work before they return to the committee for additional consideration.