Let's go ahead and call the meeting to order, if we could please. Madam Clerk, will you call the roll? Ms. Gorton. Here. Uh, Mr. Gray. I'm not here. I'm not feeling well. Uh, Ms. Henson. I'm not here. I'm sick. Okay, good. That's okay. Thank you. If you would, if you need to have a conversation, please take it outside so we can go ahead and get underway. And th-, Madam Clerk. Ms. James? Here. Mr. Lane? Here. Miss Lawless? Here. Mr. Martin? Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Here. Mr. Beard? Present. Mr. Blueles? Here. Ms. Crosby? Here. Mr. Ellinger? Here. And Ms. Figal? Here. Thank you. Thank you. We have a quorum present. It's my pleasure to welcome to the podium, the Reverend, um, Cynthia Kane, who is a minister with the Unitarian Universalist Church here in Lexington. Reverend Kane. Thank you. I bring greetings from the Interfaith Alliance of the Bluegrass and also from the Unitarian Universalist Church of Lexington and a reflection from our tradition. Oh, spirit of compassion, enter our hearts we pray. Be with us in the hard hours. Help us to be kind this day. Oh, spirit of unity, help us enter into the pain of our neighbors. Let us walk where they walk, that we might speak a gentle word along the way. Oh, spirit of love, enlarge our sympathies toward all troubled folk. Let us be generous of heart that we might forgive and be forgiven. Oh, spirit of thanksgiving, let us be grateful for hands that serve, for those who give and for those who receive. Oh, spirit of life, let us walk together in our weakness, that by treading the path together, we may be made strong. Oh, spirit of the spheres, help us to face the mystery of being. Secure us in the larger patterns we can trust, and bless us this holy day. Amen. Thank you, Reverend Kane. The next item on the agenda is the second reading of ordinances entitled A Second Reading, so Madam Clerk. Ordinance number one, an ordinance change of the zone from a wholesale and warehouse business, B4 zone, to a highway- Excuse, excuse me. I'm sorry. Councilmember Lawless. I'm sorry, Mayor. Um, there are quite a few people here from the, um, Elizabeth Street neighborhood who would like to speak, and I was wondering if we could go on and let them speak before we read all the resolutions, so they can get home to their families and loved ones and life, and be up in the morning. Um, is there a motion to suspend the rules for that- I move to suspend the rules and allow them to speak. Second. Have a motion by Council Member, uh, uh, Lawless and a second by Council Member Crosby to suspend the rules. Councilmember James. Thank you, Mayor. Um, Council Member Lawless, are they, um, speaking on any particular ordinance or resolution tonight? Um, they're speaking, no. Okay. Not one that has been, at this point, put forward. Okay, thank you. Counci- Councilmember Crosby? Uh, Councilmember Lawless, about how many people do you have here speaking? I don't know. Can I have a show of hands of people who want to speak? Okay. Uh, well, let me see how many want to speak, so we'll know how long this'll take 'cause there's a three-minute limit, so it looks like we have two or three. And how many here are to lend support? Okay, thank you. All right. Motion, motion on the floor is to suspend the rules for purposes of, uh, allowing folks to speak out of order. Um, any further discussion? All right. Let's, uh, vote electronically. Madam Clerk, if you'd set the, uh, machine for us. Those in favor of suspending the rules, please indicate by voting aye. Those opposed vote no. Uh, my recollection is it requires 10 votes to suspend the rules, so the motion fails. Um, Madam Clerk, if you'll continue with the reading. Requires 10 votes to suspend the rules. Mayor, just a point of clarification. That's not to keep anybody from speaking. That's right. That's to keep it on the order of public comment. That's right. So we, we didn't change the, the rules that we have had forever in the order of, of this. It was just that we wanna keep the rules as the way that vote went down, so we certainly encourage whatever you have to say. It's just at the end of the meeting, and you have three minutes per person, so y- we were just, I just wanted to let you know that that no vote didn't mean couldn't, couldn't speak. It's just at the time that it's appropriate during public comment. Thank you. That's a good clarification. Madam Clerk. Ordinance number one, an ordinance change in the zone from a wholesale and warehouse- . ... business B4 zone to a highway service business B3 zone for 4.63 net, 6.07 gross acres. For property located at 1837 and 1844 Plotted Place to subject to certain use restrictions imposed as conditions of granting the zone change. KYROB, the second LLC. Number two, an ordinance change in the zone from- Ma'am. ... family ... I ask to recuse from the vote on item number two, uh, having prior previously represented the, uh, applicants. Thank you. We will note- We'll- ... the recusal. Madam Clerk. I'll note that in the record. Number two, an ordinance change in the zone from a two-family residential R2 zone to a townhouse residential R1T zone for 0.21 net, 0.24 gross acre, and from a planned neighborhood residential R3 zone to a townhouse residential R1T zone for 0.73 net, 0.81 gross acres for property located at 310 Romney Road, Paul V. and Judy A. Patemon- Paternostro. Number three, an ordinance accepting the bid of All Tech Industries in the amount of $86,171 for an aerial cable placer and truck for the Division of Facilities and Fleet Management and appropriating funds pursuant to Schedule Number 48. Number four, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 39. Number five, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Health Clinic Director, Grade 118E, one position of Health Clinic Nurse, RN Supervisor, Grade 116E, one position of Administrative Specialist Principal, Grade 114E, one position of Health Clerk Clinic Nurse, RN, Grade 114E, one position of Administrative Specialist, Grade 110N, one position of Certified Medical Assistant, Grade 110N, and one position of Staff Assistant Senior, Grade 108N, and amending Section 2252 of the Code of Ordinances, abolishing one position of Health Clinic Nurse, RN Part-Time, Grade 114E, and one position of Staff Assistant Part-Time, Grade 107N, all within the Division of Family Services and appropriating funds pursuant to Schedule Number 40. Number six, an ordinance amending Section 2152 of the Code of Ordinances, creating one position of Municipal Engineer Senior, Grade 119E, and one position of Staff Assistant Senior, Grade 108N, and abolishing one position of Municipal E- Engineer Grade 117E and one position of Treatment Plant Operator, Grade 113N, and amending Section 22-5 of the Code of Ordinances, abolishing one position of Municipal Engineer Senior Part-Time, Grade 119E, and creating one temporary position of Project Engineering Coordinator, Grade 119E, ending on June 25th, 2013, all within the Division of Water Quality and appropriating funds pursuant to Schedule Number 41. And then there's a motion for number seven. I'm- I'm sorry. There's a motion num- for number seven to amend it. I believe Ms. Henson has the motion. All right. I do. Move to amend item number seven under second reading of ordinances- ordinances to remove the creation of two part-time civil service security officers. These positions will be created as non-civil service positions. So moved. Have a motion and second to mend item number seven as specified. Is there any discussion? All in favor of that amendment, please indicate by saying, "Aye." Opposed move, motion carries. Madam Clerk. Ordinance number seven as amended and ordinance amending section 21-52 of the Code of Ordinances, creating one position of administrative officer, grade 118E, one position of Operations Manager, grade 116E, one position of Public Service Supervisor, senior grade 114E, one position of Enforcement Officer, grade 110N, and one position of Equipment Operator, senior grade 109N, and one position of Public Service Worker, grade 106N in the Division of Waste Management, amending Section 21-52 of the Code of Ordinances, creating one position of Security Officer, grade 106N, and amending Section 22-52 of the Code of Ordinances, creating two positions of Security Officer Part-Time, grade 106 in the Division of Facilities and Fleet Management, effective retro- effective retroactive to June 22nd, 2009. Number eight, an ordinance amending Section 2152 of the Code of Ordinances, creating one position of Deputy Director of Enterprise, grade 120E in the Division of Parks and Recreation. Number nine, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Transportation Cre- Cabinet for which grant funds are in the amount of $446,400 federal funds under the Congestion Mitigation and Air Quality Improvement Program are for construction of the Gainesway Trail, the acceptance of which obligates the Irvin County Government for the expenditure of $111,600 as a local match, appropriating funds pursuant to Schedule Number 42 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 10, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $150,000 federal funds for the continuation of the Street Sales Drug Enforcement Project, the acceptance of which obligates the Irvin County Government for the expenditure of $50,000 as a local match, appropriating funds pursuant to Schedule Number 43 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $40,583 Commonwealth of Kentucky Funds from the Law Enforcement Service Fee Program are for support of the cost of police overtime hours for traffic alcohol patrol, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 44, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, an ordinance authorizing and directing the Mayor on behalf of the Irvin County Government to execute supplement number- Supplemental Agreement Number Three with the Kentucky Transportation Cabinet, accepting the grant in the amount of $360,000 federal funds for the Loudoun Avenue Improvements Project, the acceptance of which obligates the Irvin County Government for the expenditure of $90,000 as a local match, appropriating funds pursuant to Schedule Number 45 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 13, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Lexington-Fayette Irvin County Health Department, which grant funds are in the amount of $414,712 federal funds and are for the home network project at the Family Care Center, the acceptance which obligates the Irvin County Government for the expenditure of $31,750 as a local match, appropriating funds pursuant to Schedule Number 46 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 14, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a donation of $300 from Marcela Nazario for books and supplies for the Early Start Program at the Family Care Center and appropriating funds pursuant to Schedule Number 47. Number 15, an ordinance amending certain of the budgets of the Lexington-Fayette Irvin County Government to reflect current requirements for funds in the amount of $380 in the Division of Streets, Roads, and Forestry from the neighborhood development funds for connecting sidewalks in the Courtney Commons Neighborhood Association and appropriating and reappropriating funds Schedule Number 49. Number 16, an ordinance amending Section 14-833 of the Code of Ordinances to revise the membership of the Stone Wall Appeals Board to consist of the members of the Board of Architectural Review serving ex officio. 17, an ordinance amending -- it's Ordinance Number 203-80 as amended by Ordinance Numbers 59-81, 103-86, 237-93, 52-94, and 18-96 relating to the industrial building revenue bonds to remove the Lexington Economic Development Commission as a nominating organization and increase the number of at-large members from three to four. Number 18, an ordinance amending Section 25-20, Subsection 2 of the Code of Ordinances removing African Americans of le- of Lexington Emerge as a nominating organization and replacing it with the John Rowe Chapter of the National Bar Association and directing the council clerk pursuant to KRS 65.003 Subsection 5B to submit a copy of this ordinance and proof of publication to the Department for Local Government within 21 days of its passage. And then there's a public hearing on Number 19. Number 19 requires a public hearing on the issuance of certain bonds by the Lexington Christian Academy. So let me call the public hearing to order. Does anyone, um, here wish to address the council on the matter of the Lexington Christian Academy bonds? Seeing none, we'll adjourn the public hearing. Madam Clerk. Number 19, an ordinance authorizing the issuance of up to $12,800,000 of educational building refund, revenue refunding and improvement bonds Series 2009 the Lexington Christian Academy Incorporated Project of the Lexington or Fayette Irvin County Government, the proceeds of which shall be loaned to the Lexington Christian Academy Incorporated to finance and refinance the construction, renovation, installation, improvement, and equipping of improvements suitable for use in furtherance of the educational and recreational purposes of the Lexington Christian Academy Incorporated, providing for the pledge of revenues for the payment of such bonds, authorizing a bond purchase and loan agreement appropriating for, for the protection and disposition of such revenues and to further secure such bonds, recognizing the bonds as qualified tax-exempt obligations under IRC Section tw- 265 Subsection B3GIN2, and authorizing other actions in connection with the issuance of such bonds. Thank you. Is there a motion to approve those ordinances? Move approval. Second. Have a motion by Council Member Gordon and a second by Council Member Crosby to approve those ordinances that received their second reading. Any discussion? Seeing none, we'll proceed to vote. We'll note Council Member, uh, Martin's recusal. Uh, those in favor, please indicate by voting I electronically. Those opposed vote nay electronically. Madam Clerk, please call the roll. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Mr., Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Mr. Beard. Mr. Blues. Ms. Crosby. Mr. Ellenger. And Ms. Feigel. Thank you. Those ordinances are unanimously approved. Next item on the agenda is the reading of ordinances entitled The First Reading. Madam Clerk. Ordinance Number 20, an ordinance changing the zone from a light industrial I-1 zone to a planned neighborhood residential R3 zone for 6.93 net, 7.15 gross acres for property located at 1700 Leestown Road, a portion of subject two provision of a landscaped buffer imposed as a condition of granting the zone change, Dennis Anderson INV 1700 LLC. Number 21, an ordinance amending Subsection One of the Section 5-76 of the Code of Ordinances of the Lexington-Fayette Irvin County Government to increase the fees as follows. Re- rough wire inspection fee from $35 to $45 for first ten circuits, rewire inspection fee from $35 to $45 for service change inspection, final inspection fee from $45 to forty-five, $35 to $45 for service and fixtures up to ten circuits, temporary inspection fee from $35 to $45, apartment rough wire fee from $35 to $45 for first unit, one building, and from $9 to $12 for each additional unit, apartments final inspection fee from $35 to $45 for first unit, and from $9 to $12 for each additional unit, and changing the term trailer service to manufactured or mobile home service and increasing the fee from $35 to $45 for inspections without state approval, all effective on September 1, 2009. 22, an ordinance approving and adop- and adopting a program amendment for the use of Home Investment Partnerships Project Funds in the 2009 Consolidated Plan to establish a new project, the Equestrian View Project, appropriating funds pursuant to Schedule Number 50 and authorizing the mayor to transfer unencumbered funds within the grant budget. 23, "An ordinance amending section 18A-1 of the Code of Ordinances creating a definition for special event permit, amending section 18A-15, providing that the holder of a local taxi cab permit may request a special event for ... event permit for a specified timeframe and modify the identification scheme of one or more vehicles of its fleet, and providing that upon expiration of that permit, the local taxi cab permit shall hold ... holder shall have five days to return to the original identification scheme of its fleet of vehicles." 24. Council Member Wallace. Yes, on number 24 and number 25, um, I have a question. We have a Deputy Director of Fleet, grade 120E, uh, with a 12% pay increase, and then we have on number 25, a, um, increase for Kevin Bennett, Program Manager Senior, grade 120E, with a 23% pay increase, and I know that we have some division directors that are only 119Es, so this would be a grade above division directors. Um, so I have some concerns about that and would like more information before, um, the next meeting, if that would be possible. That would be possible. Thank you so much. We'll make that available to you. Madam Clerk. Number 24, "An ordinance pursuant to section 21-26.1 of the Code of Ordinances approving the promotion and 12% pay increase for David Loane, Deputy Director of Fleet, grade 120E, due to his experience and exceptional qualifications. 25, an, an ordinance pursuant to section 21-26.1 of the Code of Ordinances approving the promotion and 23% pay increase for Kevin Bennett, Program Manager Senior, grade 120E, Division of Waste Management, due to his experience and exceptional qualifications. 26, an ordinance amending section 2152 of the Code of Ordinances creating a on-, creating one position of Environmental Outreach Specialist, grade 115E, in the Division of Environmental Policy. 27, an ordinance amending section 2152 of the Code of Ordinances creating the Division of Enterprise Solutions and creating one position of D- Director of Enterprise Solutions, grade 123, in the Division of Computer Services and authorizing the Division of Human Resources to internally advertise for the position, appropriating funds pursuant to schedule number 51. 28, a resolution authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Department of Juvenile Justice which grant funds are in the amount of $1,500 and twen- 200 and se- $15,275 federal funds under the Juvenile Accountability Block Grant Program are for programs designed to promote greater accountability in the juvenile justice system, the acceptance of which obligates the Irving County Government for the expenditure of $1,697 as a local match, appropriating funds pursuant to schedule number 52 and authorizing the mayor to transfer any uncovered funds within the grant budget. Number 29, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Office of Homeland Security which grant funds are in the amount of $10,000 federal funds are additional funds for participation in assessments of critical infrastructure in Fayette County, the acceptance of which does not obligate the Irving County Government for the expenditure of funds, appropriating funds pursuant to schedule number 53, and authorizing the mayor to transfer any unencumbered funds within the grant budget. Number 30, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 54." Mayor. Number 31. Mayor. Oh, there you are. Keep your seat. I'm sorry. Council Member Bliss. Thank you, Mayor. I, uh, I just wanted to, uh, to ask a question about 31, 32, and 33. These are the, uh, the, uh, inversion ordinances, and, um, what I seek here is, is, is assurance that these are covering all of the ins- uh, inversions going back to, I think it was we said '06 'cause, uh, I, we don't know for sure on that, or at least I, I don't know, and I, and I hate to see anybody, uh, excluded, and I'm particularly interested in, in making sure that, that those employees who were excepted are included in the inversion process. I'll ask Mr. Romero to come forward- Thank you. ... and address that for you. So ... The, uh, first question is does it reach back? This goes, um, uh, s- uh, the schedule that is attached to the, uh, the blue sheet or the, the, um, uh, goes all the way back to when the inversion was created, and I believe, eh, if I'm saying it correctly, that is six months after the person who's hired that creates the inversion, and when they come off of their probationary period, that's the time the, the, uh, clock starts ticking, and that's when we reached back to come up with this grand total of inversions. Okay. That's, uh, uh ... But you understand my, my concern? I just wanna make sure that we're getting 'em all. That was, uh, we worked very hard in the Division of Human Resources to come up with this, uh, per your request, and we think this is the total list. Okay. For, for all, uh, new hires that created the inversion. Okay. Thank you, Bill. All right. All right. Madam Clerk. Number 31. An ordinance pursuant to Ordinance Number 197, 2002, adjusting the salaries of employees occupying the position of Administrative Specialist Senior, Staff Assistant Senior, Customer Service Su- Supervisor, Administrative Specialist, Information Systems Specialist Senior, Microcomputer Support Specialist, Telecommunicator, Planner, Family Support Worker Senior, Laboratory Technician, Engineering Technician, Public Service Worker, Public Service Worker Sk- Senior, Skilled Trades Worker, Equipment Operator Senior, Tre- Treatment Plant Operator, and Telecommunicator Senior in various divisions. After review pursuant to the Pay Equity Ordinance, effective retroactive to the dates described in each item and appropriating funds pursuant to Budget Schedule Number 55. Number 32. An ordinance pursuant to Ordinance Number 197, 2002, adjusting the salaries of employees occupying the position of Telecommunicator Senior, Equipment Operator Senior, Public Service Supervisor Senior, and Administrative Specialist Senior in various divisions after review pursuant to the Pay Equity Ordinance, effective retroactive to the dates described in e- each item and appropriating funds pursuant to Bud- Budget Schedule Number 56. Number 33. An ordinance pursuant to Ordinance Number 197, 2002, adjusting the salaries of employees occupying the position of Planner Senior, GIS Specialist, Accountant Senior, Equipment Operator Senior, and Licensed Inspector in various divisions after review, pursuant to the Pay Equity Ordinance, effective retroactive to the dates described in each item and appropriating funds purs- to Budget Schedule Number 57. Number 34. An ordinance omitting Sections 11-15, 11-18, 11-20, 11-21, and 11-29 of the Code of Ordinances, likes to pay Urban County Government to provide the Commissioner of Health, Health Officer, and Officer of the Day the authority to issue and on- enforce orders and amending Section 11-15 of the Code of Ordinances, likes to pay to Urban County Governments to provide the Division of Police the authority to aid any member of the Health Department regarding enforcement. Thank you. Are there any motions with regard to those ordinances? Councilmember Gordon. Mayor, I move to give second reading to Number 34, as I think it's timely that we get this moving. Second. I have a motion and second to suspend those- Mayors- mayors- For pur- Mayors- mayor- that's me. Okay. Mike. Can we not- We can't read that because it involves ... There's, uh, already a fine in place in that ordinance, and we are amending the ordinance to allow more citation offic- officers to issue a fine. So therefore, because there's fines in there, we cannot read it twice. All right. Thank you very much. Any other motions with regard to, uh, those items? All right. Madam Clerk, if you'll give second reading to the resolutions entitled a second reading. Resolution Number One. A resolution accepting the bid of QuadMed Incorporated establishing a price contract for transport ventilators for the Division of Emergency Management 911. Number two, a resolution accepting the bid of D&W Environmental Incorporated, establishing a price contract for recycling dumpsters for schools for the Division of Waste Management. Number three, a resolution accepting the bid of the Trophy Center, establishing a price contract for trophies, plaques and silver for the Division of Parks and Recreation. Number four, a resolution accepting the bids of Montgomery Tractor Sales Incorporated, Central Equipment Company, Reynolds Farm Equipment d- u- doing business as Reynolds Golf and Turf, Prices Tractor Sales Incorporated, and Alamo Sales Corp- Corporation, establishing price contract for tractor and mower parts for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Klostermann Baking Company Incorporated, establishing price contract for bakery products for the Division of Parks and Recreation. Number six, a resolution accepting the bids of- bids of Ads LLC in the amount of $536,794 for the SSA Group, two-thirds Sewershed Field Activities Flow Monitoring Services Contract Two for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with ADS LLC related to the bid. Number seven, a resolution accepting the bids of Gun- BuddsGunShop.com, doing business as Budds Police Supply, Galls Grants Tactical Gulf States Distributors, Kentucky Uniforms Incorporated, and US Cavalry, establishing price contracts for police recruit equipment for the Division of Police. Number eight, a resolution accepting the bid of Lexington Food Service, establishing a price contract for concession products for the Division of Parks and Recreation. Number nine, a resolution accepting the bid of Woolpert in the amount of $2,933,902.20 for the SSA Group, two-thirds Sewershed Field Activities Field Services Contract Three for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Woolpert related to the bid. Number 10, a resolution accepting the bid of Tobacco Rose Farm Construction and Development Services in the amount of $1,381,531 for the SSA Group, two-thirds Sewershed Field Activities Raising Manhole Covers Contract Four for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Tobacco Rose Farm Construction and Development Services related to the bid. Number 11, there's a motion. Councilmember Hinson. Thank you, Mayor. I move to amend Item Number 11 under Second Reading Resolutions to include ratifying the probationary sworn appointment of Christopher Lawson, firefighter, grade 111N, at $17.027 hourly in the Division of Fire and Emergency Services, effective August 31st, 2009. And this will require a new first reading. Thank you. Second. Um, I've heard a motion to, um, amend item number 11. Any discussion? Second was by Council Member Gordon. Original motion by Council Member Henson. Seeing no discussion, those in favor of amending item number 11, please indicate by saying, "Aye." Aye. Oppose, no. Motion carries. Madam Clerk. Resolution number 11, for first, a new first reading as amended. Bless you. A resolution ratifying the probationary civil service appointments of Sherra Maddox, eligibility counselor, grade 110E, 1,061.10 biweekly in the Division of Adult Services and Tenant Services, effective September 14th, 2009. Robert Andrews, hostler, grade 104N, 13.596 hourly in the Division of Police, effective August 17th, 2009. Victor Obenno, computer analyst, grade 115E, 1- 1,472 biweekly in the Division of Computer Services, effective August 31st, 2009. Alicia Smith, administrative specialist, grade 110N, 16.540 hourly in the Division of Water Quality, effective August 17th, 2009. Christina Stambaugh, program administrator, grade 117E, 2,357.12 biweekly in the Department of Social Services, effective August 3rd, 2009. Charles Neal, public service worker, senior, grade 107N, 13.167 hourly in the Division of Water Quality, effective July 20th, 2009. Clarence Steel, public service supervisor, senior, grade 114E, 1,842.32 biweekly in the Division of Waste Management, effective August 10th, 2009. Rebecca Weems, program manager, senior, grade 120E, 2003- 2634.61 biweekly in the Division of Waste Management, effective July 20th, 2009. Ratifying the probationary sworn appointments of John Barnett, Rick Branham, Jerome Brown, Shane Mc- Callaghan, Eric Campbell, Daniel Clemens, Kevin Clemens, Adam Davis, Joseph Elliott, Chris Gadzik, Jeffrey Hallman, John Harris Jr., Jesse Hallman, Michael Hurt, Jeffrey Hilton, Shalonda Jackson, Mark Lucas, Steven Parker, Richard Peak, Anthony Relford, Matthew Schwarzberg, Aaron Sherrell, Christopher Spears, Charlton Sweezy, David Waters, Gary Weddington II, Christopher Lawson, fire light- firefighter, grade 111N, 17.027 hourly in the Division of Fire and Emergency Services, effective August 31st, 2009. Jason Walton, fire lieutenant, grade 315N, 17.268 hourly in the Division of Fire and Emergency Services, effective July 20th, 2009. Leslie Fryman, fire captain, grade 316N, 22.368 hourly in the Division of Fire and Emergency Services, effective July 20th, 2009. Ratifying the permanent sworn appointments of Jonathan Abbott, Christopher Burlile, Christopher Carrington, Charles Davis, Brian Dearman, Mark Evans, Joseph Felinski, Robert Frazier, Timothy Fritz II, Christopher Harris, Brad Hawkins, Ryland Hall- Ryan Holland, Jeffrey Howard Junior, John Linton, Christopher Mason, Brian Misick, Brandon Mervichek, Jason Newman, James Norris, Jesse Palmer, Richard Linton, Christopher May- uh, John, excuse me, Richard Rader, Marcus Cell, Aaron She- Sherrard, Donna Shepard, Kevin Sloss, Tyler Smith, Sean Stafford, Se- John Steele III, Michael Toby, Nicholas Whitcomb, James Winter, police officer, grade 311 in the Division of Police, effective June 10th, 2009. Approving the unclassified civil service appointment of Shannon Gordon, social worker, grade 111E, 1,677.76 biweekly in the Department of Social Services, effective August 31st, 2009. Approving the unclassified civil service salary adjustment in the office of the Urban County Council for Ronald Scott Seymour, aide to council, grade 000E, 1,856.80 biweekly to 1,923.08 biweekly in the office of the Urban County Council, effective June 1st, 2009. Approving the voluntary demotion of Scott Kelly, client assessment counselor, grade 112E, 1,346.35 biweekly in the Division of Adult Services and Tenant Services, effective August 24th, 2009. Number 12, for second reading, a resolution of the Lexington-Fayette Urban County Government requesting that the ec- Kentucky Economic Development Finance Authority issue industrial building revenue bonds to finance an industrial building project in Lexington-Fayette County for Goodwill Industries of Kentucky Incorporated. Number 13, a resolution of the Lexington-Fayette Urban County Government approving the application of the Lexington Christian Academy Incorporated for educational building re- revenue refunding and improvement bonds related to an industrial building project undertaking the issuance of an educational building revenue refunding and improvement bonds to finance and refinance the project, and authorizing the execution of a memorandum agreement relating to the project and ot- and the bonds and taking other preliminary action. Number 14, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents for property interests needed for the Lease Way Drive Sanitary Sewer Project at a cost not to exceed $5,000. Number 15, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents for property interests needed for the Beverly Avenue Sanitary Sewer Project at a cost not to exceed $50,000. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Darrance- Transportation Cabinet for extension of the FY 2007 fiber optic cable installation project through June 30th, 2010 at no cost to the Urban County Government. Number 17, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a mental health services agreement with Mich- Bluegrass Regional Mental Health Mental Retardation Board Incorporated for court ordered mental health evaluations for clients referred to the Youth- Division of Youth Services at a cost not to exceed $2,000. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Knight Foundation and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $4,000 and are for continuation of Another Chance Program for the Division of Youth Services. Number 19, a res- ... a resolution amending, authorizing, and directing the mayor on behalf of the Urban County Government to execute two partial releases of easement, releasing portions of sanitary sewer easements on property located at Sand Lake in the es- Estates Property Section Two, Lot Two and, and at Lot 1105 Sand Lake Drive. Number 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a facility usage agreement with Consolidated Baptist Church for the use of the Andrew Center at a cost not to exceed $728.90. 21, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Kentucky Department of Military Affairs for utilization of the Department of Military Affairs Radio Communications System at no cost to the Urban County Government. 22, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Internal Revenue Service for reimbursement of certain police expenses at no cost to the Urban County Government. 23, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with G&G Paving and Construction Incorporated for the Valley Park Parking Renovation Project, increasing the contract price by the sum of $9,376.50, from $40,700 to $50,700, $50,076.50. Number 24, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a power of attorney appointing Kim Raquel, the Commissioner of General Services, as attorney-in-fact to f- act for the Urban County Government in connection with the US Department of Agriculture, Farm Service Agency, and Community Credits Corporations Program with regard to all Urban County Government-owned real properties subject to the pro- programs. 25, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with NAMI Lexington Incorporated, $875, Alpha Beta Lambda Chapter of Alpha Phi Alpha, $850, Meadow Loudon Northern Neighborhood, Meadow Loudon Neighborhood Association, $250, and Beaumont Presbyterian Church of Lexington, Kentucky Incorporated, $250, for the Office of the Urban County Council at a cost not to exceed the sums stated. 26, a resolution authorizing, a resolution amending Section One of Resolution Number 500-2009, which ratified Probationary Civil Service Appointments correcting the salary of Dan De- Detman, Environmental Compliance Coordinator, grade 119E from 2289.28 biweekly to 2389.28 biweekly in the Division of Environmental Policy, effective July 6th, 2009. Number 27, a resolution amending Section Two of Resolution Number 517, 2009, which ratified Probationary Civil Service Appointments, uh, correcting the salary of Angela Mullins, probation officer, grade 110N and from $16.062 hourly to $15.062 hourly in the Division of Community Corrections, effective July 20th, 2009. 28, a resolution making a declaration of official intent with respect to reimbursement from subsequent borrowings of temporary advancements for, made for capital expenditures for implementation of the time and labor, payroll conversion of the Project Synergy in the approximate amount of $600,000. 29, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute as professional services agreement with Berkeley Appraisal Company for appraisal services for Citation Boulevard, Phase Two, at a cost not to exceed $50,550. Number 30, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with Kentucky Utilities Company for li- relocation of utilities for the Liberty Tides Road reconstruction, increasing the pro- contract price by the sum of $48,318.45, from $96,782 to $145,100.45. 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Central Rock Mineral Company, LLC, ATS Construction for Loudon Avenue improvements project, increasing the contract price by the sum of $356,025.23 from $4,604,017.13 to $4,960,042.36. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Mack Construction and Excavating Incorporated for Meadows Northland Arlington Public Improvements Design Phase 3B, increasing the contract price by the sum of $24,976.85 from $1,209,895.44 to $1,234,872.29. And number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of 11 complete used federal signal outdoor warning sirens from the Madison County Emergency Management Agency. Thank you very much. Is there a motion to approve those resolutions? So moved. Second. We have a motion by Council Member Lawless, second by Council Member Stennet to approve the resolutions that just received second reading. Any discussion? All in favor, then please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. And can we clarify that that is excluding number 11, because it was given a new first reading, so it would have to be... just for, uh, the record. If there's no objection, we'll take that clarification. Thanks. It is duly noted. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennet. Yes. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. And Ms. Figal. Yes. Thank you. Thank you. Those resolutions are unanimously approved. Madam Clerk, if you would give first reading to the resolutions entitled to first reading. Resolution number 34, a resolution accepting the bid of Office Depot Incorporated, establishing a price contract for office supplies for the Division of Central Purchasing. Number 35, a resolution accepting... Excuse me one second. Number 35, a resolution accepting the bid of Mary's Cleaning Service, establishing a price contract for custodial services, Gainesway Police, RC, Powell Empowerment, and Community Center for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of Terra Blue Incorporated in accordance with the provisions of ordinance number 240-2008, creating and offering for sale a franchise for the operation of new- a non-exclusive telecommunications system in Fayette County through December 8, 2011, and authorizing and directing the mayor on behalf of the Urban County Government to execute a franchise agreement with Terra Blue Incorporated, incorporating the terms and conditions of ordinance number 240-2008. Number 37, a resolution accepting the bids of Esplande Tree Expert Company, Virginia Turf Management Associates Incorporated, Lexington Tree Service Incorporated, Big Beaver Tree Service Incorporated, Tree Pro Incorporated, Core Services LLC, Classic Cut Lawn and Landscape Service Incorporated, Tree Tech Services Incorporated, and Schwartz Mowing, and establishing price contracts for the three removal for the division of streets, roads, and forestry. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Commonwealth Inspection Bureau Incorporated for electrical inspection services, to provide for a reduction in the minimum number of inspectors and vehicles in certain instances at no cost to the Urban County Government. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the software product license agreement with Granicus Incorporated for maintenance and support of the video web streaming and council chambers voting system for FY2010, and an additional year subject to sufficient funds being appropriated for the additional year, reducing the cost from 29, reducing the cost to $29,640, $2,470 per month. Number 40, a resolution initiating a land subdivision regulations text amendment for Planning Commission consideration and recommendation to amend the utility standards in article 6-5A of the land subdivision regulations to require utility lines to be installed below ground, with the exception of the major facilities and providing standards for such installation. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the US Department of Justice Drug Enforcement Administration for continuation of the DEA task force, but at no cost to the Urban County Government. 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the University of Kentucky for reimbursement for traffic control costs at no cost to the Urban County Government. Number 43, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept donation from Gauls of 12 insulated bags for the use of the Division of Police at no cost to the Urban County Government. Number 44, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Lexington Local Investment Commission, Link- LexLink, 550 dollars, American Lung Association of Kentucky Incorporated, $350, YMCA of Central Kentucky, Beaumont Center Branch, $400, ACT Ministries Incorporated, $650, the Temple of Prayer of God in Christ Incorporated, $475, Winburn Neighborhood Association Incorporated, $500, and Russell Cave Church of Christ Incorporated, $300, at a, for the Office of the Urban County Council at a cost not to exci- exceed the sums stated. Number 45, a resolution ratifying the probationary civil service appointment of Sandra Brown, Administrative Specialist Principal, grade 114E1467 biweekly, 146720 biweekly in the Division of Community Cro- Development, effective August 17, 2009, ratifying the probationary sworn appointments of Guy Green, Police Lieutenant, grade 317E20093703 biweekly in the Division of Police, effective August 31, 2009, Christopher Morrow, s- Police Sergeant, grade 315N27.755 hourly in the Division of Police, effective August 31, 2009, approving the unclassified civil service appointments of Elder Agave, Tyson Carol, Robert Shen, David Collins, James Cox, Ira Duncan, Daniel Florence, George Halls, Jonathan Holiday, Olivia Lloyd, Danny McGuire, Ryan Raker, Dam- Domain Ruggles, Michael Steele, Eric Stroud, Joshua Talbot, Brian Ball, Chad Wilson, Ricky Yates, Junior, police trainee grade 311N17.135 hourly in the Division of Police, effective August 31, 2009, Logan Stricker, police sl- trainee, grade 311N17.135 hourly in the Division of Police, effective September 20- September 2, 2009. Number 46, a resolution approving the rep- report of the audit examination of the Lexington-Fayette Urban County Government Sheriff's Settlement 2008 taxes, for taxes collected as of April twenty-twenty-two, 23rd, 2009, and granting the sheriff a quietus. Number 47, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one of the contract with HH General Contractor Incorporated for the Police Healthcare Center, increasing the contract price by the sum of $39,505, from $75,950 to $115,455. Number 48, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a maintenance agreement with New World Systems Corporation for software maintenance at a cost not to exceed $221,178. Number 49, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the lane use controls reversible lane project through June 30, 2010, at no cost to the Urban County Government. Number 50, a resolution changing the street name and property address number of 241 Clark Street to 240 Corral Street, of 240 Clark Street to 105 Spruce Street, of 609 through 611, 615, and 619 through 621 Tipton Alley to- 532, 536, and 535 Poplar Street to 1764, 1768, and 1772 Alachua Way to 3003 -- 3008 and 3009 Atkins Avenue, of 2747 Liberty Road to 1744 Alachua Way, and of 2545 Georgetown Road to 2420 Spur Row, changing the property address numbers of 807 Oak Hill Drive to 809 Oak Hill Drive, of 427 Stall, Stall Polk -- Stahl Pool Court to 421 Stahl Pool Court, of 721 Sharpshur Avenue to 717 Sharpshur Avenue, of 424 -- excuse me, 1424 High Lawn Avenue to 1428 High Lawn Avenue, of 120, 121, and 234 Ford Place to 215, two fif -- 221 and 224 Ford Place, and of 332 and 601 through 603 Chestnut Street to 330 and 601 Chestnut Street, and changing the street name of 220 Clark Street to 220 Coral Street, all effective 30 days from the date of passage. Number 51, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement to agree with the Kentucky Transportation Cabinet for extension of the South Elkhorn Trail Project through June 30th, 2010 at no cost to the Irwin County government. 52, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an amend -- agreement with Kathy H. Witt, Sheriff of Fayette County for the collection of the Irwin Service District taxes for the 2009 property tax year at a cost not to exceed $350,000 with the payment net from collections. 53, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a paramedic training program, agreement with the City of Paris Fire Department for participation by the City of Paris Fire Department in the program at no cost to the Irwin County government. Number 54, a resolution amending Section One of Resolution Number 465, 2009, which authorized and directed the mayor on behalf of the Irwin County government to approve Collins and Company Incorporated as a third-party claims administrator to provide workers' compensation claim services for the com -- Irwin County government for FY 2009 at a ni -- annual cost of $139,200. Number 55, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Versailles Road Corridor Enhancements Project through June 30th, 2010 at no cost to the Irwin County government. Number 56, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a certificate of consideration and any other net documents necessary and accept a deed conveying se -- 6.786 acres of property located at or near 1501 Deerhaven Lane for the Brighton East Rail Trail at no cost to the Irwin County government. 57, a resolution accepting the bid of Gersch -- Gershman, Brickner, and Bratten Incorporated in the amount of $1,655,596 for waste management routing software and implementation services for the Division of Waste Management, and authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with, as necessary, with Gershman, Brickner, and Bratten Incorporated related to the bid. Number 58, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute agreements with Black Church Coalition of the Bluegrass Incorporated, $1,275, and Bluegrass Blue Bombers Sports Incorporated, $300, for the Office of the Irwin County Council at a cost not to exceed the sums stated. And number 59, a resolution authorizing the Division of Human Resources to internally advertise for the Div -- GIS Specialist position in the Division of Computer Services. Thank you. That concludes the reading of the resolutions entitled to first reading. Are there motions? Council- Councilmember Hinson. Can we get, um, suspend the rules and give second reading to item number 11 under second reading. We have a motion. Did I hear a second? Yes. I'm, I'm sorry. W- who was the second from? Feigl. Okay. Councilmember Feigl seconded the motion. The mo- the motion is to suspend the rules to give second reading to item number 11. Now, it was amended in a material way, and as a consequence of that, it was given first reading in the context of the o- of the second readings. Is that correct, Madame Clerk? Okay. All right. Uh, Councilmember McCord. Thank you, Mayor. I'd like to give second reading to 43, 49, 51, 55, and 56. Each of these are at no cost to the government. Uh, and these are, uh, trail -- most of these are transportation cabinet-related, trail-related, and moving them forward, and number 43 is, um, 12 insulated bags for the use of, uh, the Division of Police from Galz as a donation. All right. If you would repeat those for me, I would appreciate it. Certainly. Uh, number 43, 49, 51, 55, and 56. Thank you. Others? Treat that as a friendly amendment to Councilmember Hinson's motion. So the motion as it now stands is to suspend the rules for purposes of giving second reading to item number 11 under the second readings as now amended and to items 43, 49, 51, 55, and 56. If there are no further ones, those in favor of suspending the rules to give second reading to those items, please indicate by saying "aye." Aye. Opposed, no. Motion carries. Madame Clerk. You did say 55? Yes. Yes, ma'am. Okay. I just wanted to make sure I heard that correctly. Thank you. Yes. Resolution number 11 for second reading- ... a resolution ratifying the probationary civil service appointments of Shara Maddox as a eligibility counselor, grade 110E, 1,061.10 biweekly in the Division of Adult Services and Tenant Services, effective September 14th, 2009. Robert Andrews Hostler, grade 104N13.596 hourly in the Division of Police, effective August 17th, 2009. Victor Obeno, computer analyst, grade 115E1,472 biweekly in the Division of Computer Services, effective August 31st, 2009. Alicia Smith, Administrative Specialist, grade 110N16.540 hourly in the Division of Water Quality, effective August 17th, 2009. Christina Stambaugh, Program Administrator, grade 117E235712 biweekly in the Department of Social Services, effective August 3rd, 2009. Charles Neal, Public Service Worker Senior Grade 107N13.167 hourly in the Division of Water Quality, effective July 20th, 2009. Clarence Steel, Public Service Supervisor Senior Grade 114E1,842.32 biweekly in the Division of Waste Management, effective August 10, 2009. Rebecca Weems, Program Manager Senior Grade 120E2,634.61 biweekly in the Division of Waste Management, effective July 20th, 2009. Ratifying the probationary sworn appointments of John Barnett, Rick Brannon, Jerome Brown, Sha- Shane Callahan, Eric Campbell, Daniel Clemons, Kevin Clemons, Adam Davis, Joseph Elliott, Chris Gadzik, Jeffrey Hallman, John Harris Junior, Jesse Hillman, Michael Hurt, Jeffrey Hilton, Shalondia Jackson, Mark Lucas, Steven Parker, Richard Peak, Anthony Relford, Mo- Matthew Swarberg, Aaron Sheryl, Christopher Spears, Char- Charlton Sweezy, David Waters, Gary Weddington the Second, Christopher Lawson, firefighter, grade 111N17.027 hourly in the Division of Fire and Emergency Services, effective August 31st, 2009. Jason Walton, fire lieutenant, grade 315N17.268 hourly in the Division of Fire and Emergency Services, effective July 20th, 2009. Leslie Fryman, fire captain, grade 316N22.368 hourly in the Division of Fire and Emergency Services, effective July 20th, 2009. Ratifying the permanent sworn appointments of Jonathan Abbott, Christopher Burlisle, Christopher Carrington, Charles Davis, Brian Du- Durman, Mark Evans, Joseph Polinski, Robert Frazier, Timothy Fritz the Second, Christopher Harris, Brad Hawkins, Ryan Holland, Jeffrey Howard Junior, John Linton, Christopher Mason, Brian Missick, Brandon Mervicheck, Jason Newman, James Norris, Jessie Palmer, Richard Rater, Marcus Sell, Aaron She- Sherrard, Do- Donna Shepard, Kevin Sloas, Tyler Smith, Shawn Staf- Stafford, John Steele the Third, Michael Toby, Nicholas Whitcombe, James Winter, police officer grade 311 in the Division of Police, effective June 10th, 2009. Approving the unclassified civil service appointment of Shannon Gordon, social worker, grade 111E167776 biweekly in the Department of Social Services, effective August 31, 2009. Approving the unclassified civil service salary adjustment of the Office of the Urban County Council of Ronald Scott Seymour, aide to council, grade 000E 1000 85680 biweekly to 1009 2308 biweekly in the office of the Urban County Council, effective June 1st, 2009. Approving the voluntary demotion of Scott Kelly, client assessment counselor, grade 112E 1003 4635 biweekly in the Division of Adult Services and Tenant Services, effective August 24th, 2009. And number 43. Resolution number 43, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a donation from Galls of 12 insulated bags for the use of the Division of Police at no cost to the urban county government. Number 49, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agrea- amendment to agreement with the Kentucky Transportation Cabinet for extension of the lane use controls reversible lane project through June 30th, 2010, at no cost to the urban county government. Number 55, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Versailles Road corridor enhancements project through June 30th, 2010, at no cost to the urban county government. And number 56, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and any other neccessa- any other documents necessary and accept a deed conveying 6.786 acres of property located at or near 1501 Deerhaven Lane for the Brighton East Rail Trail at no cost to the urban county government. Thank you very much. Is there a motion to approve those resolutions? So moved. Seconded. Have a motion by Council Member Crosby and a second by Council Member Myers to approve the, uh, resolutions just receiving their second reading. Any discussion? Seeing none, we'll proceed to vote. Those in favor of those resolutions, please indicate by voting aye electronically. Those opposed, vote nay. And Madam Clerk, please, uh, call the roll. Ms. Gorton. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. And Ms. Figel. Yes. Thank you. Those resolutions are unanimously approved. There are, uh, a number of communications from the mayor that, uh, uh, are, uh, there for your consideration. Is there a motion to approve? Move approval. Have a motion by Council Member Gordon and a second by Council Member Crosby to approve the communications from the mayor. Is there any discussion? All in favor then, please say aye. Aye. Those opposed, say nay. The motion carries. Are there any announcements? I see none, so we're ready for public comment section of the agenda. Uh, I have a number of people who have indicated a desire to speak tonight. I don't know if, um, everyone still wishes to, to speak or not. But we'll run through the list as people have signed up. Uh, Joanne Filkins. Ms. Filkins? Here. All right. Mr. Parish. Robert Parish. All right. Uh, Jimmy Maines. Audrey San Eli. Is that- San Eli. I'm sorry. Uh, Molly Davis. Ms. Davis, if you'll step to the podium you'll have three minutes. And, um- Ready, set, go. All right, good evening Council members and Mayor Newberry. Very glad to be here tonight. I appreciate the opportunity to attend this council meeting and let the council members know about my concerns. And I very much appreciate, uh, all the words that Diane Lawless has done on our behalf of the third district, Felinda Gordon for her help as a council member at large. And Mayor Newberry, who's also been listening to us for the past couple of weeks about our concerns. I represent the Elizabeth Street Neighborhood Association. That neighborhood is quite close to UK. Some people might call it cheek to jowl, sort of overlapping with it. Um, I've lived there for 13 years. Um, our res- our neighborhood association has been rather dead and it's now coming back to life, largely over the issue of, um, new additions to homes on Westwood Court. Um, around the year 2000 a moratorium was enacted by the council to prevent the addition of vinyl boxes onto houses in the North Elizabeth Street area. That was largely University Avenue and State Street. Houses there had been turned into unofficial student dorms, party houses and satellite fraternity houses. Trash, noise, cars parked in grass and other kinds of, um, infringements of people's, um, enjoyment of their neighborhood abounded. We were told the infill and redevelopment plan, which was being developed at the time, would help to remedy this situation. Um, fast-forward to this summer, 2009, and large additions have been added to houses on Forest Park and Westwood Court in particular. One floor houses have been doubled by adding a second floor on Mahler Avenue. These additions, which in some cases represent a 50% addition in floor space, we are told are within the legis- the legal guidelines of the infill and redevelopment plan. How can this be? We were told that we would no longer have to worry about the destruction of our neighborhoods. I'm not here to berate you or to, to put anything that you might be able to do, uh, minimize that, because it didn't happen under your watch, but we desperately need your help. We need something to help fix this problem or our neighborhoods are going to suffer. They have suffered. I appreciate D- Diane's efforts to get a moratorium enacted. I understand it's rather complex. She is going to be working on it. We have come tonight just to let you know that we are tax paying, uh, owners of property, renters of property, and we're very concerned about what's happening to us. We feel that we are not being heard. Therefore, we should come tonight to let you know that we have concerns, um, and the issues that we are facing. There are about 14 people who are with me. We've all got maybe just a couple of things to say. Um, I thank you for your time and attention. Thank you, Ms. Davis, and thank you for the leadership in that neighborhood association, uh, not only on this, but on other issues as well. Um, next on the list is Neil Chet- Chetic? Here. All right. Um, is it Kathy Pickett? Is that correct? Miss- Yes. All right. Uh, Herc Pickett? Thank you. I just wanted to speak in support of, uh, Ms. Davis and, uh, reiterate the, uh, the spirit of the infill and redevelopment plan is certainly not, uh, what we're seeing in our neighborhood and, uh, I trust that everyone here is in agreement with that. So we really appreciate your support in, uh, preventing these types of, uh, things from, from, uh, taken away from our neighborhood. So thank you. Thank you very much. Anne Marie Estimatiadas. That was a great pronunciation of my name. Thank you. Very good. Um, thank you very much for your time. Um, as president of the adjoining neighborhood association, that would be the Seven Parks Neighborhood Association, I'm here to support the Elizabeth Street Neighborhood Association, because, um, I feel that whatever happens to the Elizabeth Street Neighborhood Association affects us. And I'm very excited that they have, um, gotten their association, um, back up and running. And, um, I, I was very shocked when they let me know that these vinyl boxes were being built again, because I was under the impression that the, uh, vinyl box moratorium was still, um, in effect. And of course, um, my fear that, um, a lot of these homes are satellite homes for the fraternities, um, seems to be coming true. Um, we have to do something because, uh, every year, uh, more and more owner occupied homes are being lost. And that is definitely, uh, something that we can't have happen, because a neighborhood cannot survive on rental property only. Thank you very much. Thank you. Uh, Cathy Franklin. Ms. Franklin, if you'll step to the podium. I'm Kathy Franklin. I live at 1609 Elizabeth Street. What I wanted to add to this is that even though we're here for the Elizabeth Street Neighborhood Organizatio... or, uh, Neighborhood... That's right. Association. Association. This is happening all over the area that surrounds the University of Kentucky. Um, obviously there's a lot of need for student housing, but I wanna point out that, um, I've been in the neighborhood for, since '86, so that... pretty long time. And, um, this has happened... Since the moratorium, uh, was lifted, it started up again. Um, it's not just in this neighborhood, which is more recent, but again, across Waller, it's down off of, uh, Euclid Avenue. So although, um, it's important for, for us particularly, it's really important for the fabric of the neighborhoods that surround the University of Kentucky. There are people who live there, who invest in their homes, who are good citizens, who, you know, help their neighborhoods, help the city, and I think we should be, uh, respected for that, and that the infill and redevelopment should respect and honor and be appropriate for these neighborhoods. Thank you very much. Thank you very much. Val Campbell? All right. Uh, Steve O'She- O'Shefski? Thanks. Uh, my name is Steve O'Shefski, and, um, uh, I wanna thank those of you who have worked with this issue. And I know I've talked to several of you about this before at different meetings, like Town and Gown Commission, I talked to a couple people there have heard me s- say this sort of thing. I wanna, by way of introduction, say that I have spent pretty much all my life in this neighborhood. I was a founding member of the South Elizabeth Street, uh, Neighborhood Association, which is this... which is the other side of Waller Avenue from where everyone here is talking about. Except now that I do live on Westwood Court again, the reason because I own property throughout there, um, on Conn Terrace, State Street, University Avenue, where I grew up as a child. And, um, I moved, uh, out of state to get my second doctorate, and, uh, was fortunate to teach on faculty briefly at, uh, Temple University and so forth. And my point of that is just that when I came back home, I was, you know, expecting to move back into a neighborhood like I had lived in as a child, and I was looking forward to that. And the couches were burning in the street approximately once a week. Once a week, a fire, I should say. Couch in the street, more like once a month. But at least once a week, a fire in somebody's yard, this sort of thing. Now, that made me a little nervous. The noise was a little bit loud, but, I mean, uh, that wouldn't be life-threatening. I certainly don't remember having that much trouble parking, that sort of thing. And eventually, because I'm able to afford it, I left. I moved down to m- another one of my properties on Westwood Court, thinking that I was escaping the... And now I see that the front porch of the neighbor to the left and the front porch of the neighbor to the right seem populated with lots and lots and lots of people, more than that could be living in those houses, and they make noise and they stay up late. Okay. That's the situation I find myself in. Now, I don't have a solution to that, and I'm not sure anyone does, but I wanna say this. This is the comment I wanna make. As I've watched this happen over the years or decades, I personally feel that this is about not students, but the University of Kentucky. For us, our largest and most active influential neighbor, a neighbor that seems immune to almost anything that you guys do, that you ladies and gentlemen can do. And so I wanna point out quickly, when the University of Kentucky decided that they weren't gonna tolerate alcohol and had an absolute alcohol ban, what happened? We started seeing a lot more cans and bottles in our yards. When the University of Kentucky developed and decreased their available parking, especially at game day times, we saw a lot more parking in our front yards, okay? And then, of course, we get a lot of letters from the city saying, "Clean up your yard. You're in violation of the code." I, I mean, w- I mean, we're feeling like, you know, we get... And so if the, if the city could take either the, either the lead from the University of Kentucky and follow along with some of these kind of regulations so that it's coordinated or whatever, or, I mean, you know, I do- I don't know the answer, but I will say this. It's, it's frustrating, and I, and I want... And I'll just close by saying this. It's frustrating that I feel displaced and pushed out of my own neighborhood, okay? That I grew up in. But I feel sorry for someone who has less resources that they can't just slide on down the road. And when I slide on down the road next time, by the way, if this doesn't straighten out on Westwood Court, where am I gonna go? And, you know, and another person can't afford to leave the city or the state, but I could. So, I, I, I mean, I'm telling you it's a serious problem. Very, very serious. Thanks. Thank you very much. Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I feel a little bit insulted when I hear people gripe about vinyl boxes, because my house definitely is box-shaped and covered in vinyl siding, but it's not an addition. It's the way I built it. But the main thing I came here to preach at you about is that despite the environmentalists claims that it can't be done, I believe that it is possible. ... for this city and cities all over the country to build our way out of traffic congestion. But you have to do more than just widen the streets that are already the biggest. You have to connect what doesn't connect. You have to require developers to start building streets that go through instead of the dead ends that they seem to prefer. And you're gonna have to go back and take out some of the barricades that either you or your predecessors have put up over the years, and reopen some closed streets and maybe buy back right of way that was given away. And I would focus first on what you can connect without having to tear down somebody's house before you do anything that requires tearing down buildings. For instance, connecting Sunshine Lane with Kilkenny Drive I think requires taking out some guardrail and building a very short segment of pavement across what's now open ground. Connecting streets in Winburn with streets in Griffin Gate would require perhaps buying existing private streets within Griffin Gate to make them public and tearing down the fence at the neighborhood boundary line to re- to connect those streets. And I do believe that, see, when you widen a street that's already a through road, all you've done is add capacity. When you lengthen a dead end and you make it a through street, not only are you adding capacity, you're also cutting travel distance for at least some of the traveling public. And this is the critical thing that we need to do, is to provide more shortcuts. And by the way, from a personal standpoint, the one I most want to see is Fifth Street put through across Eastern State, at least here locally, although nationwide I wish the federal government and three other states would build a shortcut from Knoxville to Macon. Thank you, Mr. McCarthy. Does anyone else wish to address... Yes, sir. Uh, Mayor, members of the council, I'm Dave Cooper. I'm the former, uh, president of the Elizabeth Street neighborhood, and I lived there for about 10 years. I just wanted to mention a couple things that we left out. Um, the houses that are having these additions built on them, this is an R1 neighborhood. When we brought this up last time, it was in the north Elizabeth Street, which is zoned R2. These houses are R1 houses. They're primarily built, uh, right after World War II, small two and three bedroom houses. Typically, excuse me, a little over 1,100 square feet. And the additions that are being put on the backs of these homes are, um, roughly one and a half, maybe two times the size of these small homes. So you're taking a 1,100 square foot home and making it into, you know, 2,500, 3,000 square feet. And what I understand is that the- you're gonna have six bedrooms in them. Is that right? Four to five at least. Is that six just in the addition or six total? Just in the addition. Oh, s- just in the addition. Two or three in the original house but six in the addition. Okay, so it's a nine-bedroom house now. That's what we're talking about. We've taken a small family house with two or three bedrooms and turning it into a nine-bedroom. Let's face it, it's- these are satellite fraternity houses. This is where they're gonna go and have their, you know, have their fun. And, and that's great, but not in this neighborhood. You have had some problems, you live right next door to this house. C- could you come up and tell, tell... I don't mean to twist your arm but... Okay. It's- All right. Great, thanks. Thank you, Mr. Cooper. Hi, I'm Jimmy Maines. I live at 217 Westwood Court, um, next to one of these new additions. And I'd just like to echo, um, what my neighbors have said. That, um, a three-bedroom house has turned into an eight-bedroom house, and this brings up a number of concerns. Uh, parking, um, that's eight cars compared to three cars. Um, trash. Um, not to mention noise disturbances. And, uh, it's only been two weeks, uh, since these guys have moved in, and I've already called the cops twice. And, uh, I think it just brings up a number of concerns, uh, that I'm gonna face throughout the semester. So thank you. Thank you very much. Yes, ma'am. Can I talk? Yes, ma'am. If you'll step to the podium, you'll have three minutes. Okay. Um- We will, we will need your name though, please. Okay. Kathy Pickett, and I live at 228 Forest Park. And I want to thank Ms. Gordon, Ms. Lawless, Mayor Newberry, and the council. Um, my husband and I have lived at Forest Park for nine years, and we, um, love our little community. And it has great houses of little arts and crafts style bungalows. And, uh, we have two of the vinyl box additions directly across the street from us. Um, our street is the only street in the neighborhood that is permit parking. So the students park in their yard, and they park in the median. We have a median in our street. And, uh, I went around and talked to our new neighbors last night, and welcomed them, and asked them to help me with litter and stuff. And, uh, they're very receptive and, and great kids, but, and it's not their fault. But, um, they informed me that the two houses across the street from us are getting ready to pave the entire backyards for parking lots, which, you know, I don't... It was my understanding they don't need permits to do this or... They're just paving it. The landowners are gonna pave the entire three backyards for parking lots. And, um, it's just heartbreaking that, you know, we've lived there for eight, nine years, and we love that little neighborhood. We lived on Arcadia before we bought our house, and, um, I, I think it's got a great little community and just would like your help, the council's help in making a change. Thank you. Could you give me the addresses that they're talking about paving the yards on? We live at 228, so I think it's 226 and, uh, or not 226, it would be, uh, 227, 229 and, uh, 241. 231. 231. 231. I'm really nervous. Thank you. I'm sorry. And it's Forest Park Road. Okay. Okay. We'll, we'll check on it. Thank you very much. Thank you so much. Anyone else? Do I hear a motion we adjourn? We've got- we've got I did. Oh, I'm sorry. I have the wrong screen out. It looks like Council Member Lawless. She was on. Um, thank you all for coming here tonight and expressing your views. I have, uh, two different versions of an ordinance for a moratorium, but I've now been told by, since I got the last one, um, that we can do it in a smaller area by, uh, Council Member Stennet, and I appreciate that. So I will be working on that and bringing it forward. You do have to have a permit for paving, and I'm also trying to get an ordinance passed and I think the council is very favorable on this, of having a, um, fine for building without a permit. Um, so, um, rock on, and I'm so glad that the Elizabeth Street folks are joining forces. Council, Council Member Gordon. Thank you, Mayor. Um, just real quickly, I wanted to thank you all for coming. Um, this is a neighborhood in distress, and what we're seeing here is rezoning by building vinyl boxes on. They're turning into a high density neighborhood and they are not zoned high density. So, as quickly as you can bring forward something, I think it will give the council time to help this particular neighborhood. Um, I, I think it's not a fair way to rezone a neighborhood by just building it into a high density area, and you are suffering the consequences. So, I will look forward to Council Member Lawless bringing this forward. Council Member Martin. Thank you, Mayor. I think one of the question arises whether our planning department should take the initiative in making our planning and development regulations more sensible, reasonable, and workable. Uh, these structures are not being used as single family residents, even though this is in a single family residence neighborhood. These are being used as apartment buildings. This is happening in my neighborhood. You get, you get, uh, a, a house that's being rented out to six, eight, ten different people. That is not a single family residence. That's an apartment building. And the fact that they're taking and, and building dormitory apartment-style things on the back of them, and our city is signing off on it. And so, um, I guess, uh, is it appropriate to make a motion to refer this to the planning committee, or is this already there, or? It, it has been, I think in the planning committee before, uh, in the context of a student housing conversation probably a couple of years ago, and that resulted in the student housing task force that has been considering the issue, and it may have been in Town and Gown along the way as well. So those are two venues that I know it has been, uh, addressed before and to a degree in the planning committee. But the student housing task force is getting ready to bring forward recommendations probably within a month, do we think? Very soon. Well, I look forward to, to f- finding out if we can fix our definition for, for single family residents, because, uh, I had this in another neighborhood where, um, it basically was being used as an apartment building and we went, we ran the gauntlet through city agencies and they couldn't do anything. We went to code enforcement and just went, went through all of them and we couldn't do anything. And so I think this is a, a real weakness in, in our, in our definitions. So thank you, Mayor. Council Member Beard. Thank you, Mayor. Um, a- as you know, Mayor, and, and Council Member Gordon, as you know, some areas of the fourth district have problems also, and, uh, while I favor this moratorium, definitely, um, we cannot continue to push these students further and further away and shifting the problem from one area to another. That doesn't solve anything. That just hurts, hurts everybody. Um, now maybe there'll be something that comes out of this, uh, hopefully, but, um, we have to, uh, remember that the University of Kentucky is planning on adding somewhere between six to 8000 students over the next 10 years and, uh, it just exacerbates the problem and, uh, we really need to get our arms around it before it, uh, it, it actually buries us. And, uh, so I just want everybody to be sensitized to that and, uh, as those who have seen, uh, Big Bear and some of those areas of, uh, of the forest there too, and I'm sure as, uh, Council Member Martin mentioned, he's got, uh, some of the same problems, and, uh, uh, we really need to fix it and we need to get together with the university to get some help there. Thank you. Council Member Jones. Um, thank you, Mayor. I wanted to ask Council Member Lawless, or anybody else that has, um, their district in the university area, has there been any cooperation from UK in talking about what student housing they're going to make available as their numbers increase? I mean, it seems like that should be something that they should be presenting to council to try to help us as we are future planning for, um, for our city. And I, I don't, I've not heard, I've not seen anybody come forward talk about... I mean, I've seen the expansion for the medical center and all that kind of stuff, but I've not seen residential units. Do you have any information you could share with us? Um, yes, and, um, several other people might wanna chime in. They are in the process in a long-range plan of refurbishing and rebuilding, some of the dormitories are very outdated. However, there will not be additional units. So, uh, do you wanna add to that? We met with them with the planning commission and the planning committee, a joint meeting, I guess, the last time we met, and they presented their plan, but there were no additional housing units. Ma'am, thank you. Um, a couple of times I've used a word that I discovered about two years ago to describe things like this. The word is trichotillomania, the abnormal desire to pull out one's hair, and, um, after two and a half years involved in the Town & Gown, um, you know, I think we're gonna just have to... I mean, this is, this is good direction in my view, uh, but we're gonna have to take a page out of the New Town pipe, and we're gonna have to hold the university accountable. University has to take ownership. Hear, hear. This is just, it's not working in the long term. We've been talking about e- economic development on this council, and the long-term interests of that university, of this university, is to preserve these neighborhoods. And I just don't think the university gets it. And, you know, sometimes you just gotta say it, because working collaboratively and working together works when people really want to recognize the problem. And so far, I don't see the evidence that the university recognizes that losing these neighborhoods that tie this university together and this community is a big problem for our city, and ultimately, for the university. Well, just... Sorry. Council Member Jones. Kill me. Um, I think it's critical that that conversation happen, that collaborative effort, because where we're trying to retain our young professionals that go to UK, if there's disgruntled-ness, um, that's- is that a word? In the neighborhoods, why would they want to stay? So if they're being put in the situations that are not welcoming because the situations that are occurring can't be helped, it's not their fault. They're not asking for vinyl boxes to be built or not asking to not have parking and have to park in the yard, they're just doing what they have to do. We've gotta find a way to make it a place where they want to... If I were a student and having to go through this, I wouldn't want to stay in Lexington when I was done. So, I mean, I don't know what we're trying to get to, what kind of city we're trying to create, but it just doesn't seem like it's not, it just doesn't feel welcoming, um, as it from a student, and I'm not a student, but just thinking from a student perspective is, that's just the way it is. When I'm moving there, it's not anything that I'm causing necessarily. Maybe some of it is, and that should be, you should call the police when it's unruly behavior, and you have to, and we should be enforcing that. Why sh- why is that, why are couches being burned and police aren't being called? I don't understand that. Um, but we, we've got to encourage the conversation, um, to occur, like, immediately. Just for the benefit of those who may be watching and for some here who may not be aware, all of the concerns that were voiced here tonight are very legitimate concerns. There's no question about that. They have been the object of a good bit of discussion at least a couple of years ago when there was a student housing ordinance proposed. It didn't come out of the planning committee, but I think the end result of the planning committee's review of it was the creation of the Student Housing Task Force that Council Member Gorton said a moment ago ought to be reporting to us in a month. Is that correct? Okay. And so there's been a couple years worth of effort put into it there, as well as a good bit of discussion of that topic in the context of the Town & Gown Commission, but, um, to date, there's no resolution yet. And I suspect whatever resolution may be put forward by the, uh, proposed resolution may be put forward by the Student Housing Task Force will engender a significant amount of, uh, debate. Part of the problem is we have to legislate almost countywide, except in the context of trying to do some things with our zoning ordinance, and that has proven to be pretty complicated. So there's a lot of history on this particular issue, but the end result is not good yet. And hopefully, uh, that conversation that started two years ago in the planning committee will come to some positive end here shortly. I do, I do hope... Thank you, Mayor. I do, and I'll close, but I just, I do hope that the proposal that comes forward shows a 50, 50/50 effort between Irving County Government and UK, because this is a joint issue that needs to work, we need to work together. We... As a city, we have to step in for public safety, but as a university, um, I think it's important, just like Vice Mayor said, economic development, encouragement, recruitment, you know, trying to get people to come and realize our city is very, um, is very valuable to us. Obviously, citizens are speaking about the character of our community, but I -- I -- I hope that that reso- proposed resolution shows a 50/50 match, um, between the university's efforts and the city's efforts. Thanks, Mayor. Council Member Gordon. Uh, since this has been brought up, if I can give you a 60-second snapshot. Um, the university- Mayor, I'd like to call a point of order. Um, we are deliberating something that isn't on the agenda. I mean, it's going around here. It's one thing when the people come to the podium to speak, but we are deliberating as a council on something that isn't on the agenda. And to my way of thinking, that is not legal. Uh-huh. Um, this item will be coming to the council. It is a very serious issue and we have been struggling with it, uh, very, very hard. And I -- I'm not trying to shut down conversation for your -- to -- to keep you from talking, but this is for us to deliberate is -- is not, um, not illegal. I -- I think the point is well taken. And, um, I'll, um -- I will, uh, uh, agree that we're to the point at which we're past the public comment, uh, and -- and deliberation should take place at a time when it's on the agenda, as Council Member Feigl has raised. So further conversation on that point would be out of order. However, if there is other public comment, we still have opportunity for that. All right. Is there a motion that we adjourn? I think ... I have a question. Council Member Gordon. What is your definition of deliberation? What we've been talking about. I was merely going to give a timeline. I was not going to deliberate. I was going to give a timeline. This is not something that you- Well, I was ... That's why I asked what your definition was. ... came to discussion. Mm-hmm. We have a motion by Council Member Crosby to adjourn. Is there a second? Second. All those in favor of adjourning, please indicate by saying, "Aye." Aye. Oppose, "No." No. Motion carries.