Like to go ahead and call our, uh, council meeting to order if we could please, so we can get underway. The, uh, first item on the agenda is our roll call, so Madam Clerk. Mr. Gray. Here. Miss Henson. Here. Miss James. Here. Mr. Lane. Here. Miss Lawless. Here. Mr. Martin. Yeah. Mr. McCord. Here. Mr. Meyers. Here. Mr. Stennett. Yes, ma'am. Mr. Beard. Present. Mr. Blues. Yes. Miss Crosby. Here. Mr. Ellinger. Here. Miss Feigel. Here. And Miss Gordon. Here. Thank you. We have a quorum, so we're ready to proceed. Uh, the next item on the agenda is our invocation, which will be brought this evening by Dr. Mark Johnson, who is the senior pastor at Central Baptist Church. Dr. Johnson. Thank you, Mayor, members, and guests. May invite your silence and reverence for a time of prayer and preparation. In these sacred moments where time is precious, and there never seems to be enough of it for the demanding task ahead, may we be strengthened and made ready by clear heads and pure hearts. In the gathered wisdom of each person's integrity and insight, may our common endeavor produce a tangible and lasting benefit to our community. In the foundation of our respective sources for values and inspiration, may the voice of guidance offer us the possibility of making our best efforts even better. In the future, now being created by what will be discussed, celebrated, and decided in this room, may this meeting protect the weak, consider the poor, and challenge the powerful toward that new day full of hope and prosperity for all. By our agreed wills and collective voices, we say, so let it be. Amen. Thank you, Dr. Johnson. We have a couple of sets of minutes to approve this evening, from February 11th and 25th. Is there a motion to approve those minutes? Move. Second. Have a motion by Council Member Beard and second by Council Member Crosby to approve the minutes. Any discussion? Seeing none. All in favor of approving those minutes, please indicate by saying "I". I. Opposed, no. The motion carries. And it's now my pleasure to turn the podium over to Council Member Chuck Ellinger for a, uh, special presentation. And Council Member Peggy Henson. Thank you, Mayor. It's, uh, my pleasure to be here to introduce and to help, um, with Miss Henson here. And I think Miss Henson's gonna start, since it's in her district, to, um, recognize some individuals who had a great accomplishment this last month. Peggy. Thank you. Um, I just wanted to take an opportunity to welcome the Heal on Wheels team here from Cardinal Hill Hospital, which is their sponsor. And they just did such a fantastic job this year. I'm very proud of them, and I'm also very proud that Cardinal Hill, who operates such a fine establishment, hospital, is in the 11th District. So, um, I'll turn the podium over to Council Member Ellinger and we'll start a, um, proclamation. Thank you. Thank you, Miss Henson. Yeah, it's, it's a pleasure to be able to do this as a basketball player, as March Madness is upon us now. I, I play tomorrow at 6:00 AM with a group. Every week we play, and trust me, I've never won any awards, so you all should be, um, very pleased to have the honors. I think they were national champions in 2008 when we had you down before, and now they won for the first time, a team from Kentucky actually won this tournament. So, congratulations. With that, I'd, I'd like to have the mayor come down here and read the proclamation, and we have Cindy Jacobelli- Jacobelli. ... and also we have E- E- Evelyn Bologna, who we'd like to also have come up here, that are the coach and also the director of Cardinal Hill, to help with this. Mayor, if you would, read the proclamation to them, please. I'll be more than happy to do so. Uh, Cindy and Evelyn, thanks for all of your efforts. Have a proclamation that I want to share with everyone this evening, and, uh, let me just read it quickly here. Whereas, Heal on Wheels, Cardinal Hill Rehabilitation Hospital's wheelchair basketball team captured the 32nd Annual Bluegrass Invitational Tournament title on February 7th, defeating the number one seed in the country, the Moraine Minutemen, by a score of 54-47. And whereas, Heal on Wheels knocked off Music City in Cleveland for a chance to take on Austin in the semifinals, winning 59-55, and guaranteeing a berth in the championship game against Moraine. And whereas, Heal on Wheels Wheelchair Basketball Team was founded in 2002 as a Division III member of the National Wheelchair Basketball Association, and in 2008, won the national championship. And whereas, a community-based team, Heal on Wheels, provides an opportunity for individuals with disabilities to participate in team competition. And whereas, Heal on Wheels' win marks the first time a Kentucky team has won the tournament in its 32-year history. And whereas, the Lexington Division of Parks and Recreation has sponsored this annual tournament for over 30 years. Now, therefore, I, Jim Newbury, Mayor of the Lexington-Fayette Urban County Government, do hereby proclaim March 2010 as Heal on Wheels Month. Congratulations. Cindy, if you would say a few words, and then we're gonna introduce the players. And we'll give them each a proclamation here. Well, thank you. That was, um, I knew we were being honored, but I didn't realize we were getting a whole month's. So I really appreciate that. That's, uh, fantastic. Um, I just wanted to say thank you to, um, all of you for honoring our team. This group of, um, men and women is fantastic. They work so hard. Um, they're, they all work full-time jobs plus then they, they take their time out to play some basketball. And, um, they do a lot of good for our community. Um, a lot of these guys are from the Louisville area, a lot from the Lexington area. We, we represent the state of Kentucky very well, and, and we're so proud that we can be here tonight and share this, this with you all. Um, I also have brought a T-shirt for the mayor. Hopefully he will wear it proud. He's back. So the team would like to give you this. Great, thank you. It's the official Hill on Wheels T-shirt, so. There you go. Thanks, guy. Wear it proud. Will do it. Will do it. But thank you again. I app- thank you to the coaches, the coaching staff. I'm really just the director of this team, and, um, work hard to get the tournaments going and whatnot. But the, the coaches, David Hartseik and, and Amy Verst and Ada Marie helps, hel- helps out as well. And, um, without them, we, we wouldn't be here. So, thank you. That's okay. You're welcome. Let's bring the coaches up to say a few words, and then we'll also he- have them help us, um, pronounce the names, because I'm afraid I won't do it properly. And then we can pass them out to the players. So if the two coaches would come up here, we'd appreciate it. David, let me get you the mic. David. Uh, good evening. It's an honor to be here. Uh, definitely an honor to, uh, win this tournament, uh, having played in about all 32 of them and everything as a player, and finally win it as a coach is, is something really special to me and to the team. And to see them develop from where we started, um, with a whole new coaching staff and everything, a lot of new players, um, you know, we're just thankful to win it. And we appreciate Parks and Rec, uh, being behind us, you know, all the way. UK's been behind us all the way. So, um, I think it's a good accomplishment for the city, and also, you know, for people with disabilities, showing you can get out and do something. And most of our guys and women, uh, like our coach says, are contributing members to the community. So, um, you know, it's nice that they're out doing that and that we can represent that as well. Amy, would you like to add anything? I'm Amy. This is my first year as a coach of the team. And I think the biggest accomplishment from my viewpoint is that this team was tru- is truly and will continue to truly be a team of members, not a starting five, not a starting three, but everyone plays an important role on this team. And every one of them, whether they're on the court or on the bench, have been extremely helpful to me in my rookie year of coaching. And so I, you know, I, I praise God for the game of basketball, because it allows me to interface with people like you, who I would have never met ever in my life. And also with these wonderful athletes and sponsors. And so it is my great honor to be able to be a coach of this team. And I thank the city of Lexington for acknowledging our accomplishment. So thank you very, very much, um, from all of us on, uh, Hill on Wheels, and especially from our coaching staff and our sponsors. We represent the state of Kentucky extremely well. So it's an honor. Very well said. Thank you. Now, Coach, here's yours, and I'll let you go ahead and name, give the names, if you would, and present the awards. Who shall I pick? Well, actually go up there and we'll get a picture taken. Oh. First we have Ada Marie Johnson. . Coach David Hartseik. Jack Sheppard. Lauren Rogers. Justin Harris. Bob Davis. Dennis Ogby. Beth Bryant. Mason Wilson. You might recognize this man here. Obviously, this isn't our entire team. We have a... probably the largest roster we've ever had for a Hill on Wheels team, and like Amy's so nicely put it, e- e- without everyone, we wouldn't be here. So I'm gonna name the people that aren't here tonight. Herb Henry, Chad Johnson, Tony Dixon, Oksana Masters, Marquis Northington, Keith Wilson, Calvin Combs, Mackenzie Solden, and Robbie Blevins. And I also would be remiss if we didn't thank our families and our, um, other staff members from Cardinal Hill for all of their support. Without them, it would be a disaster. So, thank you all. Thank you. And one last speaker, Evelyn... We'll let you speak here. I'll be brief. She's gonna be brief she said. Thank you, Mayor and Council. Um, wanna just give just a brief history behind this tournament and what it means to Lexington, because it has a very long history. Um, in the late 1970s, the first ever wheelchair basketball tournament in Lexington, and we think probably in the state of Kentucky, was held at the University of Kentucky campus, um, at UK Seton Center. The first tournament hosted seven teams. The tournament continued and was officially named the Bluegrass Invitational two years later. Staff from the LFUCG, Division of Parks and Recreation, has been involved in organizing this tournament from the beginning. Over the next 30 years, the tournament would flourish with as many as 23 teams competing from as far away as France, Canada, Australia, and would be recognized as one of the premier wheelchair basketball tournaments in the country. Today, the tournament is still organized by the Division of Parks and Recreation in cooperation with UK Campus Recreation and with the help of many sponsors and volunteers. This year's tournament, held last month, as I said, um, was busting at the seams with 20 teams representing 13 different states. We just can't get more than that many in Seton Center, with three courts of basketball going on, three games all the time for the whole weekend. So that's a big accomplishment itself. Each year, as the tournament director and as a recreation superintendent with Parks and Recreation, I represe- I present the championship banner that you see here to the winning teams. I have been involved with this tournament, uh, for 30 years. I know I don't look that old, but I am. And, um, Penny Ebel, who's sitting back there, um, kinda has a little history with this tournament as well, uh, many years ago. Um, I started out as a, uh, recruited as a volunteer when I was a student at UK, and I am now the tournament director. Um, I have... But I... In all that time, I have never had the honor of presenting the championship banner to a home team. This year was es- especially exciting for me as I was able to present the championship banner to the Kentucky Hill on Wheels team, sponsored by Cardinal Hill, uh, for the very first time. Over the, as I said, over the 32-year history of the tournament, it's really hard to believe that Kentucky being the basketball state it is, never brought home this, this tournament championship. Last year, they got really, really close, where they were in the championship game, um, but it was not to be. But this year, it was meant to be, and, um, they pulled off the upset on the number one team in the country, as I said, marking the first time that a Kentucky team has won this tournament in the Bluegrass, in their home state. Um, I'm very proud and, um, honored that Parks and Recreation and the Lexington-Fayette urban county government is a part of this longstanding history. This tournament is well-known all over the country, um, and we are very proud of that, and we are very excited to congratulate the coaches, Cindy, Amy Verst, uh, David Hertzig, and all the outstanding athletes on the wheel- Hill on Wheels team for this great victory. Congratulations and worksite report. The next item on our agenda is the reading of ordinances entitled to second reading. Madam Clerk. Ordinance number one, an ordinance changing the zone from a two-family residential R2 zone to a high-rise apartment R5 zone for 0.25 net, 0.33 gross acre for property located at 333 South Upper Street, subject to certain use restrictions imposed as conditions of granting the zone change, RAS Land Incorporated. Number two, an ordinance amending article 64I of the Land Subdivision Regulations to delete a portion referring to street addressing. Number three, an ordinance amending articles 52 and 54 of the Land Subdivision Regulations to provide for greater protection of cemeteries. Number four, an ordinance authorizing the Division of Police to purchase an upgrade to its digital x-ray system from Logos Imaging Incorporated, a sole source provider, at a cost not to exceed $20,904.30, and appropriating funds pursuant to Schedule nu- number 118. Number five, 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 119. Number six, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of engineering technician Grade 111N and two positions of equipment operator senior Grade 109N and creating two positions of engineering technician senior Grade 113E in the Division of Water Quality and appropriating funds pursuant to Schedule number 120. Number seven, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of $50 from Cynthia Beard for assisting teen mothers served by the Division of Family Services, and appropriating funds pursuant to Schedule number 121. Number eight, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of $150 from the Alpha Delta Chapter of ADK for the purchase of enrichment materials for early childcare teachers, and appropriating funds pursuant to Schedule number 122. Number nine, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the State Farm Companies Foundation, which grant funds are in the amount of $1,000 for implementation of the Teen Express Project for the Division of Youth Services, and, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 123, 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 Urban County Government to execute and submit a grant application to the Kentucky Cabinet for Health and Family Services, to provide any additional information requested in connection with this grant application, and to accept the grant if the application is approved, which grant funds are in the amount of $574,547 federal funds, are for the continuation of the New Chance Program, $448,036, the Mentoring Program, $46,811, and the Local Governance Council Project, $79,700, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Fiscal Year 11 Schedule number one, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, an ordinance amending Section 15-1.36 of the Code of Ordinances Related to a Clean Zone for the 2010 World Equestrian Games to include displays in the prohibition, amending Section 15-1.36B to include temporary signage and displays in this section. Number 12, an ordinance amending Article 17-3-18, 17-4-D, and 17-6-C of the Zoning Ordinance to modify the provisions for commercial real estate signs. Thank you. Is there a motion to approve those ordinances? Move to approve. Second. Have a motion by Council Member Martin, second by Council Member Lane, to approve the ordinances receiving second reading. Any discussion? All in favor of them, please indicate by voting "Aye" electronically. Those opposed vote "Nay" electronically. Madam Clerk, please call the roll. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Um, no on 12 and yes on the rest. That is noted. Thank you. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Mr. Myers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Blues. No on 12, yes on the rest. Thank you. Mayor. Miss Crosby. Ah, yes, please. Yes, I-- I meant to mention, I needed to recuse myself on number 12. I missed that. Madam Clerk, if you'll note Council Member Lane's recusal on Item 12. Yes, sir. Miss Crosby. Mister Ellinger. Yes. Miss Figel. Yes. Miss Gorton. Aye. Um, the motions are unanimously carried. Th- the ordinances are unanimously carried. Uh, we're now ready for ordinances entitled, uh, First Reading. Number 13. An ordinance of the Lexington-Fayette Urban County Government making certain findings concerning and establishing a development area for economic development purposes within the Lexington-Fayette Urban County to be known as the Red Mile Development Area, approving a local participation agreement between Lexington-Fayette Urban County Government and the Department of Finance and Administration of the Lexington-Fayette Urban County Government, establishing an incremental tax special fund for payment of redevelopment assistance, approved public infrastructure costs, land preparation, demolition and clearing costs, and financing costs, designating the Lexington-Fayette Urban County Government's Department of Finance and Administration as the agency responsible for oversight, administration, and implementation of the development area, and authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with the establishment of the development area. Ex- excuse me, Council Member Myers, I understand you have a, a, uh, motion. Yes. Thank you, Mayor. Um, in the meeting the other day, I made a motion that we raise that fee, or raise the fine up to $500. After some further consultation, um, I move to amend under number 14, under first reading of ordinances pertaining to creating a gravel permit fee to create subsection 5-29.3(C) of the Code of Ordinances to provide for an addit- an additional fee of $250. ... for commencement of work without a gravel permit. So moved. Second. We have a motion by Council Member Meyers, a second by Council Member McCord to amend Item 14 as specified. Any discussion? S- all in favor of amending Item 14, please indicate by saying, "Aye." All opposed, no. Motion- No. No. All right, let's, uh, vote electronically. Those in favor of the amendment, please indicate by voting, "Aye," electronically. Those opposed, vote, "Nay."  Have all council members voted? Need couple more folks to vote. All right, the amendment is carried by a vote of 11 to 4. Madam Clerk, will you read, uh, Item 14 as amend- as amended? Ordinance Number 14, as amended, an ordinance amending subsection 5-29-11 of the Code of Ordinances, Lexington-Fayette Urban County Government to reference an exception for a gravel resurfacing permit, creating subsection 5-29-20 of the Code of Ordinances to provide for the issuance of a $50 fee for a gravel resurfacing permit, which shall require an inspection of the existing gravel areas prior to issuance, and creating subsection 5-29.3(c) of the Code of Ordinances to provide an additional fee of $250 for commencement of work without a permit, all effective on April 1, 2010. Number 15. Mayor. Council Member James. I had a question on fif- 14. I had hit the button to speak. I'm sorry. Sorry. Um, my question was for Commissioner Webb on Item 14. Thank you, Commissioner. Um, I could not recall... Mr. Crowe spoke to us about the $50 and how that came up, and I had a constituent that called, um, and said for their driveway, their residential driveway, it was $150, um, to bring the gravel in, and they thought that it was kinda stiff for a $50 fee for permitting for that. Mm-hmm. Can you talk a little bit a- again about the- Yes, ma'am, I'd be glad to. Okay, thank you. Uh, what we looked at is, currently, there is no permit for gravel. If you had gravel in 2002, when the ordinance, uh, eliminated the use of gravel for parking or driveways went into effect, you were grandfathered in. But we have no record other than aerial photography of where that gravel is and what are the dimensions of the gravel. Building Inspection enforces that regulation of no gravel and no expansion of existing gravel. So it, it has become such an issue in, in ano- in a couple districts that what we are recommending is a permit. The $50 fee was designed to cover the cost to go out, take a look at the gravel that's existing, document the di- dimensions of it, then return to the site and verify that that was the only area where gravel was refreshed, so it was not e- expanded in any way. It was not, it was not intended to be any type of fine or penalty. Uh, but what we would generate over time, as people refresh gravel, we would begin to have a document- documented space that they could refresh gravel on. Today, each time they refresh, if we get a complaint, we have to go back, view the aerial photography from 2002, and try to estimate where that gravel is. So moving forward, as people refresh, we would gain that database of where it can be and how big it could be. And w- uh, the intent was just to cover the cost for the building inspection folks to go out and measure it and then verify that's the only place it went. Okay. Um, so you talked about the aerial, aerial photography. Our GIS system right now, or aerial whatever, is it the GIS system- Yes, ma'am. ... that's used? What's the difference between looking at that and going out to the site for dimensions? Uh, when you, when you look at our aerial photography today, it is much clearer than it was in 2002. Mm-hmm. You can identify gravel, but in some cases, it's very hard to identify the exact dimensions of that gravel. So it becomes very subjective. Uh, we s- we seem to be behind the eight-ball on this, that people don't feel like, uh, we're doing our job. And th- there's a lot of, uh, dispute over, bet there never was that much gravel there, they're now graveling out here. And w- what our, what our building inspection people are having to do is go out and pick through the new gravel below the old, you know, to try to find whether there's old gravel there. Uh, over time, the edges of that gravel, grass and weeds grow up in it. If it was there in 2002, and it, uh, they're entitled to that area, but if you're a neighbor or someone who's interested in seeing that graveled area go away, it becomes a very difficult position at, to, uh, to, uh, to prove to somebody whenever you have to go into there. Right. So what it wa- what it was, uh, meant w- Well- ... to do was just- Hold it. ... to create that database moving forward. Okay. Is it... 'Cause a third of the cost seemed quite substantial to you for a residential area that already has gravel, and they're gonna refresh and need a permit. Yeah, ma'am, we we- Does that seem extensive? ... we were trying to cover our costs. It really- Okay. ... does not cover it completely if you make a couple trips out there and you do a permit and some documentation. Okay. But that's what the $50 was. ... designed to do is to as close as we could at a reasonable cost, cover our costs. Okay. Thank you. Thanks, Mayor. Council Member Feigl? Thank you, Mayor. Um, in fact, I brought up this point the other day and asked you why the $50 fee. And while I see that it, it, um ... Understood your explanation that it covers the cost of the city staff. Um, however, I think that in some cases, we will be receiving, uh, some penalty fees back to the city and it seems like to me that that would kind of help to offset the staff costs. Uh, because I feel like if what we're trying to do is encourage more people to report that they have a gravel driveway and allow us to go out and measure, then we need to make that as inexpensive as we can. And partic- particularly for homes where the, the entire driveway only costs $150. So th- now I still feel like that, that twen- that $50 fee is, is way too steep. Um, secondly, I wanted to find out too, if somebody is just going to fill some sinkholes or some potholes and they have a gravel driveway, is this permit necessary to do that if they're just replenishing in one spot? If, if you refresh gravel, then you would need a permit to do so. Uh, I would not want to get into a situation where, where this, this piece was okay, that piece is not okay, so if you're refreshing gravel in a parking area or, or a driveway- Mm-hmm. ... you would, it would require a permit. Uh- So even if they take a shovelful of gravel to fill in a pothole, then they have to get the permit? If i- ... Yes, ma'am. Okay. Uh, and thirdly, I am very concerned about, uh, the penalty involved. I think if we're gonna set the penalty that, that high, then it i- it's on incumbent upon us as a city to ensure that those homeowners out there are totally aware that they are not going to be able to replenish their driveways without a permit, because I'm not sure that there are that many folks that really watch what's going on with the city. And if we don't advise them that we've made this change in the law, then they could be facing a penalty without realizing that they've violated a law. So I would like for us as a council to make sure that we put together some kind of an educational effort to make sure that homeowners are aware of this law. Yes, ma'am. Well, uh, please let me say that we did not recommend a penalty for this. Uh, what we want to do is create that database. We needed a mechanism for that and we, we did select an amount for that permit that does not cover the cost of two trips out there, but we felt was reasonable if you choose to maintain gravel. Uh, but we did not request any type of penalty. Now, if someone were to refresh gravel and, uh, they did not get a permit under what we had proposed, they would be double the permit fee, like all permits issued from building inspection now. So that would've been a, it would've cost $100. And it, that piece would still be $100, and then you would tack a 200, under this proposal, a $250 fine on top of that. Well, my concern is that if somebody has a driveway that's gonna cost $150, they have to, they have to buy a hundred, a $50 fee in the first place and if they fail to do that, now they're not only faced with $150 for the driveway replenishment, but now a $250 fine. Um, I don't think that we're encouraging our citizens to work with us when we impose these kinds of laws. Thank you. Council Member Lawless. Thank you. Um, this is a huge problem and I don't know how to solve it about the driveways, but what I know is that it has been so abused and, um ... There are so many people that are out there graveling entire backyards. Uh, they'll look at the aerial photo and say, "Oh, that was, that was gravel when it wasn't, because there's no grass there because people have been parking there and so now it's just a mud pit." So I think this is an extremely important issue for us to address. Thank you. Council Member James. Thanks, Mayor. Um, I do agree that it's wrong. Um, I agree with, uh, Council Member Lawless, it does need to be addressed. I'm a bit concerned of the permitting fee being a third of what a residential, um, uh, constituent would have to pay. Um, if a person were paving, what would the fee be? Or permit? I'm not sure. I, I'm sorry. I can't answer that question. I believe it would be, I, I think there's a flat fee for, for paving a driveway- Is it $25? ... and then over a certain amount you, you pay for the area, but I can't quote the price. Okay. I didn't, uh, this come out of a committee, this reso- uh, this ordinance, did it come out of a committee? No. That was a recommendation that we put together, uh, out of, uh, billing inspection and just trying to deal with a very large issue. I understand it's an issue and I, and I don't want to jeopardize its effectiveness. Mm-hmm. I just think- ... to not know what the paving fee, permitting fee. I'd wanna know why there'd be a difference between the -- if there were a difference, um, between a paving fee, permitting fee, versus a gravel. Be more than happy to get that information. Okay. Mail it to the council or bring it back, whatev- whichever you prefer. Yeah, if you would, if you could get that to us, um, before the next council meeting. Yes, ma'am, I'd be glad to. Since this is just on for first reading right now. And, um, also can you clarify the wording of a shovelful of gravel versus an entire driveway full of gravel? 'Cause I'm a bit- The- ... concerned about that as well. It seemed like there should be- ... I'm not- ... a square footage or something. ... I would, would not encourage, uh, anybody to misuse what we have here. And that's not what it's intended for. I- And I do believe that no one would complain, we would not get a neighbor's complaint if somebody had a pothole in their driveway and -- and put a shovelful. We're not gonna go out there look for -- looking for people who do this. Right. But when we do get complaints, we do need a mechanism to start documenting what's out there. Absolutely. Absolutely. So to answer your questions, I -- I do not wanna try to draw a line with what -- what is a -- what would we say you needed a permit for, what not. We've simply put it as refresh gravel. And I cannot imagine if a -- a group of neighbors have gravel driveways and someone's needs refreshing and they didn't get a permit, we would even hear from it in certain instances. You'd be surprised what you hear from neighbors. Um, but I think if, as clear as we can make the language, um, I mean, we've got other building inspection issues that we're dealing with that didn't- And this is what we're trying to do. ... that weren't because of clarity, so I think as clear as we can make it and before second reading if you could help clarify for us and our constituents, I think that would be very helpful. Uh, yes, ma'am. Thank you. Thanks. Thanks, Mayor. Council Member Crosby. Yeah, I just wanted to clarify, um, Council Member Meyers, was it -- was it for 500 or d- I, okay, 'cause I heard, I wrote down 500, I -- if it's 250. The amendment? Mm-hmm. It's 250, originally it was 500. Okay. And then, um, uh, Council Member James, from Tuesday, where they had in our packet, if you still have that, because, um, if it's in, if it's -- it's different if it's a new permit, I believe, for, um, resurfacing and then it's, there's a fee, plus then it's based on the square footage, like an additional 60 cents per square foot if, as I recall. But I, it was in there from Tuesday, I just can't find it right now. Thank you. Any further discussion? All right. Madam Clerk. Number 15, an ordinance amending sections 17.29 through 17.29.5 of the Code of Ordinances, Lexington-Fayette Urban County Government, pertaining to outdoor café permits as follows: Define and provide for a clear zone for pedestrian use, amend the definition of encroachment to include furnishings and change all references to tables, chairs and/or umbrellas to furnishings, amend the definition of outdoor café to include entertainment establishments, define and provide for a permitted area in which the encroachment of the outdoor café is lawfully allowed, amend the definition of sidewalk to allow the use of up to 25 feet in front of the facade of a permitted establishment, provide for encroachment into the sidewalk area in front of the establishment and 25 feet in either direction with approval, limiting the activities within the permitted area and the movement of furnishings, permits on annual basis effective January 1, approval of other property owners and tenants, the removal of furnishings during the times of year the outdoor café is not regularly operating, alcohol sales if contiguously located to an alcohol beverage and control licensee, enforcement of other laws and necessary approval from other authorities, all furnishings must be removable and not damage public property, clearly identifying the permitted area for enforcement purposes, alcohol beverage control documents and information, the condition, modification or denial of a permit by the administrator, the maximum number of persons lawfully allowed within the permitted area in accordance with the Kentucky Building Code, the maximum annual renewal prior to December 1, an annual fee of $50 in addition to any other business license, references to the Americans With Disabilities Act, noise activities in violation of local law prohibited, conduct not related to the operation of an outdoor café prohibited, exceeding the maximum number of persons prohibited, the suspension or modification of the permit for public safety or a special event, the posting or display of the permit, increasing the minimum fine from $20 to $250, and renumbering the sections and subsections to be consistent with these changes. Thank you, Madam Clerk. There are a couple of council members that wish to speak. Council Member Figel. Last time around. Council Member Wallace, same deal. That was last time around. All right. Council Member Blues. Thank you, Mayor. With reference to, uh, with reference to number 15, uh, I understand that the, that the, that the county attorney has not yet, uh, reviewed the, uh, uh, the proposed amended ordinance, so, uh, I think that before we, we, we give this item a second reading that, uh, need to make sure that the, uh, that the County Attorney's Office has had an opportunity to review it, um, and to, and to comment on it. Thank you. Are, are you suggesting that we table the motion? Or the, the, uh- No, I'm, I'm, I'm not, I'm, but I am suggesting that, that, that it would be a very good idea before we actually vote on it that we make sure that we've heard from... Okay. Um. ... from the, from the com- county attorney's office on this issue. Commissioner, I ask you if you could make arrangements for that, I would appreciate it. Council Member Wallace. Um, I had not, um, talked to the county attorney's office because I didn't realize that we needed to talk to the county attorney's office when we passed ordinances, but I will be more than happy to contact him tomorrow and in fact, saw him on my way here tonight and we had a nice chat. But I didn't know about this issue. Um, so I will also contact him and I would like to remind folks that, um, Jason Parks, thank you, uh, did appear before the committee and when we were looking at this and said there was no problem with the enforcement of it. And, um, so if there's, if we need to ask the county attorney if he has any problems with, uh, prosecuting our ordinances, our criminal ordinances, I will be glad to also talk with him. Thank you. Council Member Beard? Thank you, Mayor. Um, just to further, uh, extend this conversation, is there a formal mechanism for notifying, uh, the county attorney of any and all ordinances that, uh, might apply to his, uh, or does he read the newspaper and/or, uh, get on our website and, and read them? Uh, it, it seems silly to me for a council member to go carry this to the county attorney's office for blessing before, uh, uh, we sit here and, and, uh, and, and do our determination on it. That wasn't even... There , my inflection was such that there, there was a question mark after that, so, uh, maybe somebody can answer it. I don't know that there's a formal procedure, but I, I sent a copy to his office today. I had a conversation with his first assistant and sent them a copy 'cause they were asking some questions about it. So we can follow up more formally if you'd like, but I actually emailed the, this version to his, uh, first assistant earlier today. Well I know, but that, that was initiated on a single, uh, uh- Sure. ... situation. What about others that, uh, take place? Do we, is there any mechanism for that or have we worried about those and- If you all have a concern about that, we could certainly set up a process I think where if it affected, if it was a criminal matter, uh, that they were enforcing, we could provide them copies of it. Well, you know, we were, for for instance, on the, uh, dog chaining, uh, issue about whether it was going to be, uh, a criminal matter or not for, uh, uh, people to chain their dogs, and, uh, I don't remember anybody running over to the county attorney's office about it. Least of all, the guy who brought- Yes, they did. Huh? Yes, they did. They did? Isn't that funny? I'm the one that, that forwarded this and I never heard anything about it. Council Member Blues? Well, I think it's impo- appropriate to, uh, you know, not, not necessarily with every ordinance, but, but where the county attorney's gonna be responsible for, uh, you know, for, for, for, uh, enforcement, for prosecutions, for bringing matters to court, it's a helpful thing to, to have their, their advice. I know that, uh, the, the noise ordinance task force, uh, has worked with the county attorney's office in the drafting of a revised ordinance so that we have their input on, uh, on enforceability of, of, of any, any new provisions that we, that we recommend. So I don't think it's a situation with running over to the county attorney's office, but I think it is fair to consult where we do, where we might face issues of enforceability. It's- Well, I- It's, it's a matter of courtesy, uh, and it's a, a matter of, uh, adequate preparation. Well, I think- Thank you, Mayor. ... you misread, misread me. What I'm saying is if, if it is something that we need to do, then we oughta put a mechanism in place to do it, uh, uh, in all cases rather than pick and choose. And that's all I'm saying. I, I agree that, uh, if they're gonna be involved, they oughta be notified. Council Member Wallace? Um, like I say, I have no problem, um, consulting with him if I had known that was appropriate and I've learned now that, um, that is appropriate and I will do so in the future when I bring ordinances forward. Uh, I guess I'm a little frustrated that I went through several weeks of talking about this, it went through committee, et cetera, and then this afternoon at, when I got here, I found out that this was an issue. So, um, but I've learned and I'll always consult with our county attorney. He lives in my district and right around the block from me. Thank you. Anything further on that matter? Madam Clerk? Number 16, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating one position of Systems Administrator, Enterprise Solutions, Grade 118E in the Division of Enterprise Solutions. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the National Association of Police Athletic Activities League Incorporated, which grant funds are in the amount of $24,670 federal funds, are for a juvenile mentoring program in the Division of Police, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 124 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 18, 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 125. Thank you. That concludes the reading of ordinances entitled a first reading. Is there any, uh, further action with regard to those ordinances? Seeing none, we'll proceed. Madam Clerk, if you'll give second reading to the resolutions entitled A Second Reading. Resolution number one, a resolution accepting the bid of Coverall of Wisconsin LLC in the amount of $305,500 for tensioned fabric structure for the recycling center for the Division of Waste Management. Number two, a resolution accepting the bid of Landmark Sprinkler Incorporated in the amount of $26,800 for design and construction services for the installation of a dry pipe sprinkler at the recycling center for the Division of Waste Management. Number three, a resolution accepting the bid of Timberlake Computer, establishing a price contract for media storage tape cartridges for the Division of Computer Services. Number four, a resolution accepting the bid of Ren Tag Mid-South, establishing a price contract for sulfur dioxide liquid for the Division of Wa- Water Quality. Number five, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number three to the contract with Strand Associates Incorporated for the Legacy Trail project for the Division of Engineering, increasing the contract price by the sum of $208,100 from $1,110,000 to $1,318,100. Number six, a resolution providing that Devomi Kaizen Technologies LLC Software Information Systems LLC, Sullivan Technology Services LLC, and Suova shall be held on a three-year retainer and engaged as needed to provide information technology consulting services. Number seven, a resolution ratifying the probationary civil service appointments of Brian Rogers, Deputy Director of Enterprise, grade 120E, 2,999.12 bi-weekly in the Division of Parks and Recreation effective March 1, 2010. Timothy Jones, Public Service Worker, grade 106N, 11.262 hourly in the Division of Waste Management, effective March 22, 2010. Cynthia Relford, Enforcement Officer, grade 110N, 19.080 hourly in the Division of Waste Management, effective March 1, 2010. Ratifying the probationary sworn appointment of Ryan Hogston, Fire Captain, grade 316N, 22.368 hourly in the Division of Fire and Emergency Services, effective February 15, 2010. Approving the unclassified civil service appointments of James Dennis, Police Analyst, grade 111N, 17.530 hourly in the Division of Police, effective March 1, 2010. Sherell Roberts, Public Information Officer, grade 118E, 2,500 bi-weekly in the Division of Police, effective March 4, 2010. Carissa Kelsey, Family Support Worker Senior, grade 112N, 16.884 hourly in the Division of Family Services, effective March 1, 2010. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the University of Kentucky for space in the University of Kentucky hospital emergency room for use as a clinical practice area for the Sexual Assault Treatment Program at a cost not to exceed $3,000. Number nine, a resolution authorizing the mayor on behalf of the Urban County Government to execute a Certificate of Sole Source Procurement with Toter Incorporated, a sole source provider for lifting units and spare parts. Number 10, a resolution authorizing the mayor on behalf of the Urban County Government to execute a Certificate of Sole Source Procurement with Custom Signals, a sole source provider for radar equipment. Number 11, a resolution pursuant to Code of Ordinances Section 1866, designating the speed limit on Bowman Mill Road as 40 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number four to the contract with HDR Quest Engineering Incorporated for Liberty Todds Road Improvements Project Section One for the Division of Engineering, increasing the contract price by the sum of $11,212 from $1,005,706 to $1,016,918. Number 13, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the US Marshals Service for participation in the District Fugitive Task Force. Number 14, a resolution authorizing the mayor on behalf of the Urban County Government to execute an addendum to the current Drug Enforcement Administration agreement with the US Department of Justice Drug Enforcement Administration for decreasing assigned agents. Excuse me, Madam Clerk, Council Member Crosby. I have a question on number 15, but I'm not sure who to direct it to. My question is, um, that we're gonna i- i- th- the wording of it's just a little confusing to me. After the BizHub601 digital im- imaging unit that we're gonna lease this for up to five years, subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed 1205.90. I guess my question is, if we get into a lease with them for five years, but we're saying that we're gonna... If there's n- if there's not sufficient funds and we're in a lease, w- I guess I don't really understand this. Are we saying that we will do this for five years and we will- We're co- we're committing to five years, but if you all don't budget it, the money for this in the future fiscal years, we have the option of terminating- So we can terminate that? Yes, that's, that's, that's the purpose of having that in there. Thank you. That was my question in a roundabout way. Thank you. Madam Clerk. Number 15. Number 15, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an ultra care agreement with AB Dick Copycat for the lease of a BizHub601 digital imaging unit for up to five years, sub- subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $1,205.90 in fiscal year 2010. Thank you, Madam Clerk. Is there a motion to approve those resolutions? Have a motion by Council Member McCord and second by Council Member Meyers to approve the resolutions which just received their second reading. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay. And Madam Clerk, please call the roll. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Mr. Lane. Yes. Ms. Lawless. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Yes, ma'am. Mr. Beard. Present. Aye, any of those things. Mr. Bluez. Yes. Ms. Crosby. No on six, nine, yes on everything else. That's noted. Thank you. Mr. Ellinger. Yes. Ms. Feigel. Yes. And Ms. Gorton. Aye. Thank you. Those resolutions are unanimously approved. We're now ready for the resolutions entitled to first reading. Madam Clerk. Number 16. A resolution accepting the bid of Aero Electrical Contractors in the amount of $87,996 for conduit installation Sir Barton Way, Man O' War Boulevard to Winchester Road for the Division of Traffic Engineering. Number 17. A resolution accepting the bid of G&K Services establishing a price contract for the rental of entrance mats for the Division of Facilities and Fleet Management. Number 18. A resolution accepting the bid of Worldwide Equipment in the amount of $114,134 for tandem axle cab and chassis for the Division of Facilities and Fleet Management. Number 19. A resolution accepting the bid of DictationProducts.com in the amount of $39,345 for a Dictaphone system for the Division of Police. Number 20. A resolution accepting the bid of Lexpress establishing a price contract for distribution of Fun Guide 2010 for the Division of Parks and Recreation. Number 21. A resolution accepting the bid of Elite Petroleum Incorporated, establishing a price contract for hydraulic oil for the Division of Facilities and Fleet Management. Number 22. A resolution accepting the bid of Davis H. Elliot Construction Company Incorporated, establishing a price contract for inductive loop vehicle detection and installation for the Division of Traffic Engineering. Number 23. A resolution accepting the bid of Marilia Design and Construction in the amount of $1,639,925.81 for the Lexington Downtown Streetscape Phase 1 Improvements, Vine Street, for the Department of Public Works and Development, and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Marilia Design and Construction related to the bid. Number 24. A resolution ratifying the probationary civil service appointments of Christopher Durge, GIS Programmer Analyst, Grade 117E, 1947.84 biweekly in the Division of Computer Services, effective February 22, 2010. Jennifer Myatt, Environmental Outreach Specialist, Grade 115E 1443.44 bi-weekly in the Division of Environmental Policy, effective March 1, 2010. Tracy McElroy's Staff Assistant, Grade 107N 12.839 hourly in the Division of Waste Management, effective March 22, 2010. Jeff Giles, Public Service Supervisor, Grade 111N 17.872 hourly in the Division of Parks and Recreation, effective March 15, 2010. Paul Smith, Fleets Parts Specialist, Grade 109N 16.694 hourly in the Division of Facilities and Fleet Management, effective March 15, 2010. Robert Meyer, Skilled Trades Worker Senior, Grade 112N 23.262 hourly in the Division of Facilities and Fleet Management, effective March 15, 2010. Jeffrey Burke, Heavy Equipment Technician, Grade 113N 22.192 hourly in the Division of Facilities and Fleet Management, effective March 15, 2010. Marilyn Clark, Minority Program Coordinator, Grade 119E 2355.28 bi-weekly in the Division of Central Purchasing, effective April 1, 2010. Lawrence Warfield, Maintenance Supervisor, Grade 115E 2179.60 bi-weekly in the Division of Water Quality, effective February 15, 2010. Ratifying the permanent civil service appointments of Syndra Brown, Administrative Specialist Principal, Grade 114E in the Division of Community Development, effective August 17, 2009. Annalore Born, Administrative Officer, Grade 118E in the Division of Waste Management, effective December 8, 2009. Rebecca Weems, Program Manager Senior, Grade 120E in the Division of Waste Management, effective January 10, 2010. Clarence Steele, Public Service Supervisor Senior, Grade 114E in the Division of Waste Management, effective February 10, 2010. Vonda Melton, Senior Human Resource Manager, Grade 121E in the Division of Human Resources, effective December 14, 2009. James Bush, Environmental Program Manager, Energy Grade 117E in the Division of Environmental Policy, effective December 22, 2009. Christopher Cooperrider, Deputy Director of Parks, Grade 120E in the Division of Parks and Recreation, effective August 17, 2009. TJ Taylor, Sewer Line Maintenance Superintendent, Grade 116E in the Division of Water Quality, effective October 13, 2009. Robert Smith, Maintenance Supervisor, Grade 115E in the Division of Water Quality, effective October 27, 2009. Ratifying the probationary sworn appointment of Ricky Loveless, buyer lieutenant, grade 315N 17.268 hourly in the Division of Fire and Emergency Services, effective February 15, 2010. Ratifying the permanent sworn appointments of Guy Green, police lieutenant, grade 317E in the Division of Police, effective February 28, 2010. Sam Murdock, police sergeant, grade 315N in the Division of Police, effective December 15, 2009. Ratifying the permanent community corrections officer appointments of James Dunn, Joseph Hendricks, Chadwick Hundley, Anthony Lawson, Jonathan Murray, Daryl Trumbo, community corrections officer, grade 110N in the Division of Community Corrections, effective December 8, 2009. Jacob Crawford, Nicholas Elko, Yolanda Elko, Dustin Wynn, community corrections officer, grade 110N in the Division of Community Corrections, effective November 11, 2009. Approving the unclassified civil service appointment of Mary Cole, administrative specialist, grade 110N 20.000 hourly in the Division of Waste Management, effective March 22, 2010. Number 25. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an American Recovery and Reinvestment Act Federal Reimbursement Agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $1,428,625.03 for the Downtown Vine Street Streetscape Project. Council Member Lawless. I'm sorry. I had a question about, uh, Mary Cole, Administrative Specialist, uh, in the Division of Waste Management, approving the unclassified civil service appointment of Mary Cole. Um, is there somebody here that can ask-- uh, that I can ask about that? Has she already been working? But... Commissioner Taylor could not be here this evening due to family matters and I'm not able to answer your question. I apologize. We can, uh, certainly get an answer for you. Okay, no worries. If just before we have a second reading on that, I'd like to find out- On Ms. Cole's, is that correct? Uh, yes. The, uh, unclassified civil service appointment. Um, and I think it would be helpful just in that any unclassified civil service appointments- Sure. ... uh, that the council be made aware of. Thank you. Well, we'll, uh, we'll get the information to you. Thank you. Sure. Number 26, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an American Recovery and Reinvestment Act federal reimbursement agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $5,796,392.26 for the Legacy Trail phase one project. Number 27, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an American Recovery and Reinvestment Act federal reimbursement agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $1,874,632.50 for the Legacy Trail phase two project. Number 28, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an engineering services agreement with M2D Design Group for design of the Isaac Murphy Memorial Garden trailhead at a cost not to exceed $20,250. Number 29, a resolution authorizing and directing the Department of Public Works and Development to construct a sidewalk on the east side of Cedar Wood Drive between 832 Cedar Wood Drive and 836 Cedar Wood Drive at a cost not to exceed $500. Number 30, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one final to the contract with Randall Davies Construction Company for the South Elkhorn Bike Trail, decreasing the contract price by the sum of $57,312.13 from $216,701 to $159,388.87. Number 31, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute and submit a grant application to the Bluegrass Community Foundation and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $7,000 under the Bluegrass Care Collaborative Assistance and Relief Effort Fund and are for financial assistance for families at risk for the Division of Youth Services. Number 32, a resolution changing the street name and property address number of 1652 Bryant Road to 3418 Polo Club Boulevard, of 1505 Deerhaven Lane to 3414 Polo Club Boulevard, of 797 Miles Point Way to 801 Enterprise Drive, of 651 West New Circle Road to 1501 Colesbury Circle, of 3275 Polo Club Boulevard to 2270 Icehouse Way, of six- 767 West Short Street to 127 Newtown Pike, of 171 Southland Drive to 145 Collins Lane, changing the property address numbers of 4088 Georgetown Road to 4050 Georgetown Road, of 251 through 255 Holbrook Court to 255 Holbrook Court, of 2550 Liberty Ridge Lane to 701 Liberty Ridge Lane, of 5846 Old Richmond Road to 5820 Old Richmond Road, of 3948 Real Quiet Lane to 3806 Real Quiet Lane, of 261 through 267 West Short Street to 259 West Short Street, of 474 through 476 Silver Maple Way to 476 Silver Maple Way, of 286 Simpson Avenue to 186 Simpson Avenue, and of 108 and 108 1/2 Thompson Road to 106 and 108 Thompson Road, and changing the street name of 3280 Post Road to Keithshire Way and of 173 and 181 Southland Drive to 173 and 181 Collins Lane, all effective 30 days from passage. Number 33, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an implementation services agreement, licensing agreement, and maintenance agreement with Asella Incorporated for as- asset management software required by the Irvin County government's consent decree for the w- division of water quality at a total cost not to exceed $1,594,360.94. Number 34, a resolution adopting an updated expansion area exaction rate table for roads, parks, storm water, open space, sewer transmission, and sewer capacity to reflect actual and/or contracted costs for eligible system improvements constructed for the Department of Finance and Administration and the Department of Public Works and Development and the Divisions of Planning and Engineering. Thank you. Are there motions? Council member Beard. Actually, Mayor, it's not a, a motion. I have a question concerning the Legacy Trail. We, we passed a, um, resolution, which I assume is on the, uh, the engineering part of, uh, the strand on Legacy Trail and then the, uh, the, the five million dollars, um, that, um, I guess the state is gonna do using the, uh, stimulus money. ... uh, reimbursement from the federal, uh, American Recovery and Reinvestment Act. Uh, what, w-what part are we talking about? Are we talking about from the horse park to downtown or the horse park to Goldstream, or gold -- I mean, what, what do we get for all that, or what... The, the change order for the 208,000, $208,000 change order covered changes that were on phase one and two, uh, through the process. This was an ARRA pro-, uh, project to be done with nearly 100% grant money. Part of the, uh, part of the stipulation of the grant was the design money would not be in, would not be... Uh, the ARRA money would not be used for design because it was not obligated yet. As we worked through the process, the transportation cabinet, uh, or Federal Highways Administration had a couple years ago began putting together what they called a Local Public Agency Guide for use of Federal Highways money. This guide had not been implemented, but when the ARRA transportation, uh, stimulus was announced, uh, the Federal Highways Administration mandated that the process be used, but the process was incomplete at the time. So as we worked down through the process to make, uh, the, the projects eligible, we had design issues because the designs or steps did not meet the LPA guide, which increased the cost of the engineering costs. And when we got to the last step, the last process that you had to go through was to, uh, was to make sure that your process for procurement was aligned with the federal process for procurement. In December, they called an emergency meeting, brought us all in, uh, this was the state folks that we were working with in the transportation cabinet, and told us that the money could not be obligated. The, the Federal Highways Administration could not produce a process to align the two processes in time to get the money obligated; therefore, the state would have to take over the projects. These designs had all been done as local designs, and these projects had to be trans- transferred, the engineering, uh, drawings, the whole pack- the packets, the, the bid packets at the last minute had to be converted into state project packets, which took a number of meetings with the transportation cabinet, uh, and with District Seven. We worked, worked through that, but it increased the cost a great deal on the engineering side. The majority of that, uh, 208,000 is, was for that, was for getting these things to where the state could bid them out. It was nothing that was done locally wrong. Uh, as a matter of fact, Louisville, Kentucky had 51 projects that had to be converted, 51 ARRA projects that had to be converted over to state projects. They went through the same thing that, that we went through in order that the ARRA money could be spent. Unfortunately, the, the money, the ARRA money was not available to pay for this, so we, uh, we couldn't just work it in. Council Member Beard? Yeah. I think your, your original question was, what does this get us, where- What do we get for it? Yeah. You're going from the horse park basically through the Lexmark property over to the Louden Street wide. Uh, that's phase one and phase two. And, and as the commissioner was saying, uh, federal stimulus dollars were attached to those two. Phase three, which gets you down the 3rd Street piece over to Isaac Murphy is, uh, with transportation enhancement money that is, we're still waiting to come from the state. So to your question, it gets you from the horse park down to Louden Street wide. Okay. That's all I needed to know. Thank you. That's a five million deal or so. Thank you. Thank you. Council Member Blues. Thank you, Mr. Webb. Appreciate it. Uh, it was more complex than I ever would have guessed. It, it has, it has been a very complex process. I imagine. Council Member Blues? Thank you, Mayor. Uh, I'd like to, to, uh, make a motion to suspend the rules in order to give a second reading to number 29 so that this small project can get underway and be completed sooner rather than later. So moved. I have a motion to suspend the rules for purposes of giving second reading to number nine. Is there a second? I have a second by Council Member McCord. Are there others? All right. All right, I tell you what, let's hold off, if there's no objection on the, uh, motion to suspend the rules and we'll take up the walk ons first. Um, let's see. Council Member Wallace. Um, yes. I move to place on the docket for tonight's meeting a resolution accepting the bid of Charles Dewees Construction Incorporated in the amount of $1,757,455.36. I'm not used to those great big numbers with money. ... uh, for the Lexington Downtown Streetscape Phase 1 improvements, Main Street, for the Department of Public Works and Development and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Charles Dewese Construction Incorporated related to the bid. So move. Second. I have a motion and second to add that item to this evening's, uh, docket for first reading. Any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Uh, Madam Clerk. Number three. Number 35. Uh, resolution accepting the bid of Charles Dewese Construction Incorporated in the amount of $1,757,455.36 for the Lexington Downtown Streetscape Phase 1 improvements Main Street for the Department of Public Works and Development and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Charles Dewese Construction Incorporated related to the bid. Thank you. Um, Vice Mayor Gray. Uh, I have a motion. Uh, I move to place on the docket for tonight's meeting resolution endorsing the intervention of Kentucky Attorney General and Public Service Commission rate case number 201000036, adjustment of rates of Kentucky American Water Company and requesting the representatives of the Kentucky American Water Company appear before the Urban County Council at its next work session to explain the rate increase and matters related to it. So move. Second. I have a motion and second to add that item to the docket for this evening. Any discussion? Council Member Lane. Uh, just, uh, in regard to the walk-on from the vice mayor. You know, I didn't want the general public to think that the Urban County Gov and hadn't responded to this already. Uh, the attorney general, you know, filed, uh, on this case to intervene on February 26th, and the Urban County Government filed on March the 3rd. So, I, I didn't want people to think we hadn't been attentive to this and it just kinda walked on till last minute 'cause the, uh, Urban County Government has been involved and, um, at the same token, I'd like to say that I do support the mayor's, um, request that someone from the Amer- Kentucky American Water Company appear before council, sort of give us an update on the rate increases and the basis for that. Thank you. Council Member Martin. Thank you, Mayor. Uh, there are two paragraphs in here, the last two whereas's, uh, which relate to, uh, statements about representations and, uh, and whether or not Kentucky American Water has given us clear indication about progress with negotiating on the water. I don't know if these statements are true myself. I'm uncomfortable with them, so I'm gonna make a motion that the- those two paragraphs be removed. So moved. Is the motion to remove the last two whereas clauses? Is that correct? Yes. Is that, is that acceptable? Um, a motion to amend would be in order. Has been second, so it's done. If it's a friendly amendment, we'll take care of it that way. That's my motion, so. All right. Is there a second? I have a Council Member Stennet. Uh, any discussion on the motion to amend the deleting the last two whereas clauses? I, I, I apologize. To clarify, I just wasn't present at, at a time when they would have made representations about, about th- these statements. And so I'd either have to recuse myself, which I don't wanna do 'cause I support the motion. I'd like them to come and talk to us about it, but I, I'm just not comfortable with those two statements. I just don't know if they're true or not. May I comment, Mayor? Vice Mayor Gray. Yeah. Um, I'm comfortable with adjustments. The, uh, and I realize representations, um, it may be language that's uncomfortable for some. The proposal, the proposal that we considered two years and, uh, two years or so ago, uh, included as a significant piece of it the, um, support by neighboring counties. So that was the intention of this was to basically say, "Okay, guys, tell us where we are on this today." 'Cause this was the proposal. 20 million gallons per day plant on a bad day, Lexington, Fayette County needs five to six million, so there's an excess capacity of 14, 15 million gallons is my understanding. And that's from my memory of it. And so that's what my intention was, was to say, "Tell us where you are. Just confirm where we are today." And I agree with that, yeah. That's how to be it. And I mean, if representations is an awkward language, then, you know, indications or suggestions or something like that, if, if... I'd be willing to change it. I just tend to be a careful ... That's my motion, though. Yeah. Vote on or not. A clearer indication. So the motion is to delete the last two whereas clauses? Yes, mayor. As it stands. Any further discussion on the motion to amend? Council Member Gordon. Thank you, Mayor. Um, w- I'm, um, probab- I'm gonna vote against this because when this was done two and a half years ago, this was the case, the whereas. It was represented, and I realize you weren't here for that discussion, but it was represented that this would be not only for Fayette County, but for other municipalities along the route. And, um, so I think it is accurate for when the original discussions took place, is all. Any further discussion on the amendment? Council Member Stennet. Thank you, Mayor. Two, Council Member Gordon and Council Member Grady's point, I was here, and, um, this, um, these statements say that there's been no clear indication, and that's not true. Uh, that's a political statement that's put in there, and if we're gonna send something to the attorney general... And furthermore, this should be going to the PSC too because actually, let's be honest, they're the ones that are gonna make the decision for all of us. But, uh, if we're gonna include that in there, it needs to be factual, it needs to be non-political. Anything we send to the attorney general needs to be free of politics, and this is not. So, I'll support that motion. So thank you. Further disc... Council Member Gordon. Well, I, I actually would like to know how this is political, because when you and I met with them, Kevin, a couple weeks ago, they said they do not have another customer yet. They do not. They've had discussions with other municipalities, and no one else has signed on. So I don't think it's political. I think it's factual. I'm... Council Member Martin. Thanks, Mayor. I, I just, I, I think our, the purpose of this, and I support the purposes to have them come and explain it. We can ask them at that time whether these things are th- true or not. Uh, but to put it in a document like that, we have to somehow assess ourselves whether or not these two statements are true or not. And, and I'm not saying they're n- they are or they aren't. What I'm saying is that th- the purpose of bringing them here does not require us to make these two statements. We can certainly make them here when they come to the, the podium, and, and, and folks are, are, you know, are free to sort of raise any questions they wish when they come before us. But not having been in the council as, as a number of my c- colleagues e- were at the time, I just can't verify that it's true or not. I haven't talked to... I appreciate Council Member Gordon's personal conversations with the water company, but I, I just have no way to verify when you said that, that they indicated they hadn't. But I just, you know, I have to vote on this too, and I, I can vote on this easier if those two paragraphs are in. I don't see how it helps the, the motion. Thank you, Mayor. Council Member Lawless. Um, I've had conversations also with the water company and with several other counties. Um, and Frankfort has chosen... They were in the coalition. They've chosen to go, uh, tap into Louisville's supply. Um, some of the other counties, and I don't have a list in front of me, but I took copious notes, um, have decided- Uh-huh. Scott, Scott County, Clark County, um, also, and I think Winchester, Clark County, they're gonna try to make do with what they have. So, uh, several of the counties have officially bowed out. But we can find that out, um, next week. But I still support that, because I think that's a really important issue here, is we agreed with that solution for American Water Company to do the pipeline, and we're the only ones that are really mandated to buy their product. And if their product, which is water, is not being purchased by the coalition of counties, then it's, I think that's an important piece of that. So that's why I will support it as is. Thank you. Council Member Blues. Uh, I just wanted to, uh, to, to verify Council Member Gordon's point that, uh, the, that the water company has not yet, uh, contracted with other, with other municipalities. And, and, and when Council Member Martin and I toured the, uh, the route, the pipeline route and the, and the, and the plant, uh, the new water treatment plant, and when I asked the representative of the, of the, uh, Kentucky American Water Company, uh, how they were coming along, uh, on that front, they said that they were trying to, uh, to make arrangements with other, with oth- with other companies so that, uh, they can bring down the, uh, the rates for, uh, for rate payers in Lexington. Thank you, Mayor. Council Member Lane. You know, this feels political to me, the, the way that it's written also. And I, I concur with Council Member Stennet, that we should not be politicizing these types of issues, and, you know, making statements and motions that, you know, haven't been fully documented. I think having the, uh, president of the water company come here, we can ask him the question, but to make the assumptions, uh, that we already know the answers, why have him even come? So I will, I will support the amendment to delete those two paragraphs. Vice Mayor Gray. Um, this has everything to do with people's pocketbooks and policy, good public policy. And it has nothing to do with politics. What this has to do with is confirming where Kentucky American stands today on the proposal they made to the citizens of Lexington and to this government. It's real simple. 'Cause right now, this plant is being built on the backs of the citizens of Lexington. Right now, it is the citizens of Lexington that are paying for this. If it's gonna be paid for, that's who's gonna be paying for it right now. So I hear what y'all are saying, but I can't go along with that. I'll be willing to, I'd be willing to change some of the language. ... change it. Okay. Proposals- Proposals- Council- ... instead of representations. Yeah. The on- the only- Well, I'll tell you, it might be helpful if you all had kind of a sidebar conversation to see if you can- Thank you. ... come to some agreement on, on the language while the debate continues here. Council Member Lane. Right. The only, uh, the only point I wanted to make is that- ... the council, before I was even elected six years ago, voted to require, uh, that the water source be at the Kentucky River. Uh, originally, Kentucky American Company was proposing a pipeline from Louisville, and the council voted to require them to, uh, get at Kentucky River source. And, you know, um, they're, uh, the way I look at it, and I wasn't even here, I didn't even vote on it, they're just doing what the council told them to do. Now, Madam, uh, uh, Mrs. Gordon could probably address that 'cause she was on the council, I believe, at the time that vote was made, so. Would you like me to answer? Uh, ye- I yield. The choice at that time was a pipeline or the Kentucky River. And the council voted that the Kentucky River should be its primary source, that it not go with the pipeline, which was the Kentucky American proposal back then. It's a totally different proposal than what is currently happening, different pipeline. Th- that is true, but my, my point is that originally, the Kentucky American Water Company wanted a pipeline from the Louisville Water Company to Lexington. That was voted down by the council, and then the council passed a resolution saying that they wanted the second source of water to come out of the Kentucky River. And that is, in fact, what there's planning that went on for seven or eight years. Um, and, and then they came up with a plan. It was approved by the PSC. So, you know, I think you can't be too harsh when people have done what they were directed to do, and it was... and went through all the system as approved, uh, by the Public Service Commission. Now, on the other hand, I don't like the rate increase either, and I wanna do the very best we can to keep the rates low, but I think this is getting into a political area. We oughta just focus on having the president of the water company come here and let him answer the questions and rather than we make a lot of assumptions. Uh, thank you. Vice Mayor Gray. Thank you, Mayor. Um, after, uh, consulting with, uh, Council Member Martin, um, I'd be, I'd be happy to, um, delete the, um, let's see, one, two, three, four, five... one, two, three, four... the fifth paragraph, the fifth whereas. The second to last one. The second to the last one, yeah, and just say, "Whereas the council would like to confirm whether any significant proce- progress has been made by Kentucky American Water Company to successfully market water produced by the new plant." I think that, that s- that satisfies the, the issue and so that we're all in good harmony on this. Yeah. All right. If I understand correctly, we would- Is that okay with you, Mr.- We, we would, by friendly amendment to the, uh, amendment, delete the fifth whereas clause entirely, and we would modify the sixth whereas clause to say, "Whereas the council would like to confirm that no significant progress has been-" No, no. Whether any significant- Whether any significant progress. Okay. Or what progress. I'd be even willing to say confirm whether, con- confirm what progress has been made. Instead of whether any significant, let's just say confirm what progress. That for... Council Member Martin? Yeah. And let's see, who had the second on Council Member Martin? I think it was Council Member Stennet. Okay. Now, the amendment that's presently before us, is everybody clear on that? We're now prepared, I think, uh, Council Member Bearden. I'm sorry. One other question. I don't know whether, uh, Nick Rowe would be the one to an- answer it or whether, uh, uh, Mr. Bre- Bridewell w- would, but it's my understanding that they need to pump six million gallons through that pipeline, whether we have, um, five inches of rain every three weeks or, or what. And w- what happens to that water? It, uh, you spill it out on the ground somewhere or, uh... I asked that question and never an answer. All right. Th- the question on the floor is do you favor or oppose the amendment that's currently before us? Well, part of the amendment though is who, who's gonna be invited here to talk to us. I mean that's- Well, the only, the only part of the ordinance or the resolution that is impacted is the fifth whereas clause that's being deleted and the next whereas clause that will now read, "Whereas the council would like to confirm what progress has been made." I'm sorry. I don't have that in front of me, but, um, I'll just ask that during council comments then. All right. Any further discussion on the amendment? Those in favor of the amendment, as I just specified, please indicate by saying, "Aye." Aye. Oppose, "No." Motion carries. We're now ready to discuss the resolution... or excuse me, we're ready to discuss the motion as amended, which is to place this amended resolution on the docket tonight. An- that motion's already on the floor, so, um, all we need to do is see whether there's any further discussion. Vice Mayor Gray. Question to Mr. Stennet. Did... c- uh, Council Member Stennet, do you wanna put the PSC piece in there or not? You feel like that's needed? Well, I mean, I think if they're the body making the decision, I think it needs to be in there somewhere eventually, I don't know if it needs to be a separate resolution. And I was gonna ... Were you gonna ask for second reading tonight? Is that ... We have two weeks to doctor it. But if you were gonna ask for it tonight, then I'd like for it to be in there. But it doesn't hold- Okay. Well, let's just add it. Just add a whereas then. Or we can add ... H- how, what's the language that you ... How would you do it? If, if we're gonna do it, I would suggest, uh, section four on the second page is the appropriate place, where we talk about who we're sending copies to. Yeah. I'd just add them as a recipient of a copy of it. Mr. Barber is ... If, uh- That's not gonna change your motion. It'll just add some language in there to send a copy. Just add a fifth, uh- If your intent is to just notify certain parties, just amend section four to include those other parties. Well, the only other party I understand we're adding is the Kentucky PSC. Right. Right. Okay. So, um, by way of friend- Motion to add in. By ... Okay. Yes. Okay. By way of a friendly amendment there, we'll do that informally. There's no objection to that amendment. We'll, uh, include the language sending a copy to the PSC as well. We're now ready to consider the motion of whether or not to add this resolution to the, uh, docket. Seeing no more discussion, all in favor of adding the resolution to the docket, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Any further, um, motions to be walked on this evening? The floor then would be, uh, open, I think, Council Member Blues, for your motion a few moments ago with regard to ... Uh, excuse me. Excuse me. We need to give first. We need to give first reading to, uh, that resolution, please. Resolution number 36, a resolution endorsing the intervention of the Kentucky Attorney General and Public Service Commission rate case number 2010-00036, adjustment of rates of Kentucky American Water Company and requesting that representatives of the Kentucky American Water Company appear before the Urban County Council at its next work session to explain the rate increase and matters related to it. Now, Council Member Blues. My motion was to suspend the rules in order to give second reading to number 29. So move. Second. We have a motion by Council Member Blues and a second by Council Member Lane to give second, suspend the rules to give second reading to item number 29. Are there any others? Council Member Beard. I'm sorry. Yes, I'd like to suspend the rules and give second reading to number 36. Council Member, uh, Lawless. Um, yes, I'd like to suspend the rules and give a second reading to number 35 so that the work can, um, get started on that phase one project. Thank you. Council Member McCord. Thank you, Mayor. I request, uh, 25, 26 and 27. Those are the stimulus dollars that need to be moved, uh, due to the time-sensitive nature of the Legacy Trail construction. I would also ask you for, uh, 28, uh, as that is the construction of the Isaac Murphy Trailhead portion of the, uh, Legacy Trail, and 30 as well, uh, which is a, um, decrease in the price contract for South Elkhorn Bike Trail. So moved. Thank you. Council Member James. Um, Mr. McCord got mine. Thank you. All right. Any others? All right. Um, my list then indicates that we have a motion to suspend the rules, to give second reading to items 25, 26, 27, 28, 29, 30, 35 and 36. All in favor of suspending the rules for purposes of giving second reading to those items, please indicate by saying aye. Aye. Those no. Motion carries. Uh, Madam Clerk. Number 25 for second reading, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an American Recovery and Reinvestment Act federal reimbursement agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $1,428,625.03 for the Downtown Vine Street Streetscape Project. Number 26, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an American Recovery and Reinvestment Act federal reimbursement agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $5,796,392.26 for the Legacy Trail phase one project. Number 27, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an American Recovery and Reinvestment Act federal reimbursement agreement with the Commonwealth of Kentucky Transportation Cabinet, as well as any other documents necessary for completion of the project, whereby the cabinet will undertake completion of and expend up to $1,874,632.50 for the Legacy Trail phase two project. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an engineering services agreement with M2D Design Group for design of the Isaac Murphy Memorial Garden trailhead at a cost not to exceed $20,250. Number 29, a resolution authorizing and directing the Department of Public Works and Development to construct a sidewalk on the east side of Cedar Wood Drive between 832 Cedar Wood Drive and 836 Cedar Wood Drive at a cost not to exceed $500. Number 30. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one, final to the contract with Randall Davies Construction Company for the South Elkhorn Bike Trail, decreasing the contract price by the sum of $57,312.13, from $216,701 to $159,388.87. Number 35. A resolution accepting the bid of Charles Dewise Construction Incorporated in the amount of $1,757,455.36 for the Lexington Downtown Streetscape Phase One Improvements Main Street for the Department of Public Works and Development, and authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Charles Dewise Construction Incorporated related to the bid. And number 36. A resolution endorsing the intervention of the Kentucky Attorney General and Public Service Commission rate case number 2010-00036, adjustment of rates of Kentucky American Water Company and requesting that representatives of the Kentucky American Water Company appear before the Irvin County Council at its next work session to explain the rate increase and matters related to it. Thank you. Is there a motion to approve those resolutions? So moved. Moved. Second. I'm gonna let Council Member McCord make this, uh, motion tonight. Uh, and the second from Council Member Hinson. 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 electronically. Madam Clerk, please call the roll. Mr. Gray. Yes. Ms. Hinson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennet. Yes. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Beigel. Yes. Ms. Gordon. Aye. Thank you. Those resolutions are unanimously approved. We're now ready for, um, consideration of the communications from the mayor under item nine. Is there a motion to approve those recommendations? Move approval. Second. I have a motion by Council Member Blues, second by Council Member Crosby. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries. There are some communications for information purposes only, listed under item 10. Are there any announcements? Council Member James. Thank you, Mayor. Um, I neglected on Tuesday to share with council members that the Commission for Citizens with Disabilities public transportation meeting went very well. Um, Council Member Hinson was there, and, um, other members of the commission. Um, citizens spoke and we did, Lex Tran did their, brought their handhelds for, um, surveying, and we were able to get a count of, uh, the folks that were there in attendance and from what districts they were and the districts they, um, reside in. So we have that information that we'll share with you. Um, and there was some great, there was some great feedback. I think everybody spoke almost, and everyone had something, a new comment. Um, but there's some things that you will wanna know about your district, things where crosswalks are needed, um, shelters are needed, benches are needed, um, and, uh, routing changes potentially with Lex Tran. So I'm gonna share that with each of the council members, um, from, uh, those who were indicated. We took, um, a lot of notes, and so if you get an email from me that talks about a crosswalk, like Council Member Meyers, quite a few Center Parkway, uh, Tates Creek Road, um, that area, um, those citizens were strongly advocating for some crosswalks in that area. And there were plenty of folks, and I know Tates Creek is not just Council Member Meyers' district, but we heard a lot, didn't we, Council Member Hinson, that Tates Creek, a lot of people choose to take Wills instead, instead of taking Lex Tran just because there is, there aren't any crosswalks, um, going across Tates Creek Road, and they don't feel very safe crossing, um, in wheelchairs, um, because of the timing. So we'll ask for each council member's help in that as the Commission for Citizens with Disabilities tries to answer the, the cry from those citizens. So appreciate your support. Thanks for getting the word out if you did, if you did so in your districts, and, um, look for that report to come to you within the next couple weeks. Thanks, Mayor. Thank you. Any further announcements, Council Member Stennett? Thank you, Mayor. There, there's been a lot of discussion. Hopefully, um, advertisements you've seen about Creative City Summit coming to Lexington. Uh, we actually heard a lot about it with the economic development consultants 'cause it's kinda putting Lexington on the map. And a lot of us were talking earlier about having, um, meetings centered around that, those three days here in Lexington. So to give us a better idea of when those three days are and what it encompasses, they're gonna do a presentation, I believe, a week Tuesday at our work session, so we can have a better understanding of what's involved and what our role could be in helping make that successful. So just wanna make sure council members who, who've been discussing understand that we'll have a presentation and be a good time for questions. Great. Thank you, Council Member Meyers. Thank you, Mayor. Uh, thank you for that report out, because, um, I'm looking forward to Lex Tran coming back in here 'cause I've got a lot to say from them from the eighth district, so I'm very excited about that opportunity. Um, secondly, I'll say that, that, uh, the Tates Brook Neighborhood Association in the eighth District, uh, Lou Gregory is the president, and he's watching right now, is, um, pleased to announce that they are going to conduct or hold a mayoral debate on April 26 from 7:00 PM to 9:00 PM, and it's gonna be at the Church at Tates Brook, which is 3724 Appian Way. And, uh, they conducted what I think was the best debate of the last mayoral campaign, and, um, I'm sure that they'll do even better this time around. So I have a question for, um, the administration, um- And that is, is it possible for GTV3 to cover a mayoral debate, preferably live? Are there any ordinances against that? Well, there are some ordinances that govern the use of GTV3 for those types of purposes. I can't recall exactly what they would have to say about this particular instance. There are probably also some fairly significant technical issues associated with trying to do a live broadcast from out there. But we can explore that and let you know. Okay. And if we can't do it live, then certainly if it's able to tape it and -- and then just air it like they do these, that would be fantastic. Okay. So just wanna say- We'll see what we can do. ... in closing, I'm very proud of, of Tate Street Neighborhood Association. Thank you. Council member Lawless. Um, the, um, a bunch of the third district, um, neighborhood associations have also, um, put together a mayoral forum. And I believe it's April 13th, but I'll get back with you. And, um, they've been very active and, uh, thanks to Molly Davis and several others that put that together. And I believe all the candidates have agreed to participate. Um, and, uh, about the Creative Cities Summit, I think it's really a great thing. Um, I think it's www.creativecitysummit.com. Um, and it is, I believe, April 7th through 10th. I've already signed up and I hope others will too. Council member Lawless, I was checking my calendar because it did not sound familiar to me that we had a third district forum scheduled on April 13th. It's, uh, Elizabeth Street. I may have the date wrong. Okay. Ah- Uh, that's very, very likely. It -- it may well be on someplace else, but I don't think it's the 13th. Okay. I will, I will check. It's, uh, the Elizabeth Street area and, um, I'll, I'll double-check on the date. Sorry about that. Right. I'm not sure what today is, quite frankly. Oh, it's the 15th. All right. It's April 15th. Thank you. Council member McCord. Thank you, Mayor. Just a announcement that next Tuesday at seven o'clock is the Stonewall Neighborhood Association annual meeting. Um, and I certainly would invite, uh, the mayor and, and the council at large members that would like to come as well, uh, to that meeting. And it's an open invitation. And, uh, Stonewall does a phenomenal job of, uh, as a neighborhood association, bringing out a number of folks for this meeting. So certainly wanna extend that invitation. Um, also on the Creative Cities Summit, uh, I wanted to say that the reason why it's very important for us to know, uh, this is a big deal as a council is for multiple years, we've had a lot of folks stand at this podium and quote a lot of people, uh, the Richard Flores of the world, uh, and others as to being kind of the thought leaders, uh, that many are following and many are taking their lead from. And what's amazing is, is that all those folks that are quoted are gonna be in our city for three days. Um, and it's as much an opportunity for us to sell Lexington to them as for people coming to the conference, hearing what they have to say. So from the council standpoint, I would encourage each one of us to look to, to attend this, uh, in kind of a show of force that the political leadership of this town gets it and wants to hear what, uh, what they have to say. But more importantly, we have a rare opportunity to bring the best talent in the world here for three days and sell them on Lexington. It is the exact same dynamic as the World Equestrian Games. So, uh, when they come to present, I would hope that you would listen and, and look for an opportunity to, to attend that. And, and we may even find a way to, uh, to do something special as a, as a body, um, going forward. Thank you, Mayor. Thank you very much. Um, and I would just second all those comments. That is, uh, that is a major event for our community and we're fortunate to have it. Um, I wanna go back to the Elizabeth Street forum. I don't have April 15th on my calendar either, so w- there's some kind of issue there, and we need to try to get that one resolved pretty quickly before people start showing up someplace on April, April 15th. But we'll work through that. Otherwise, look forward to having the chance to visit with them. Um, Council member Henson. Thank you, Mayor. I wanted to announce, not let it get past us, that St. Patrick's Day celebration is Saturday and the parade, I always think that's a fun time of year. So... And it, um... So the parade and festival kicks off at 11:00 AM. I think, uh, the parade is at 1:00 PM, so it should be a fun time. Thank you. Thanks. Council member Gordon. I just wanted to ask Council Member McCord if he would please repeat the Stonewall Tuesday information. Where- Absolutely. Uh, it's at the Stonewall, uh, Elementary, uh, Tuesday night at 7:00 PM. Thank you. Mm-hmm. It's the 23rd. Oh, no, I'm sorry that, that... I, I sp- I spoke incorrectly to you, Council Member Ellinger. The Stonewall meeting is, uh, next week on the 16th. All right. Does any other council member have an announcement? Chief Hendricks, I think you have a matter for us. Good evening. Night. Excuse me, Mayor and members of the council. I'll bring to you the agreement of conformity regarding the discipline of firefighter John Gentry, employee number 42972. Uh, having committed the offense of inefficiency, violation of KRS 95450 and the LFUCG employee handbook. On the 26th of October of 2009, he displayed unprofessional and discourteous conduct to a customer on an EMS incident. This behavior thus prevented Firefighter Gentry from handling the incident correctly and in the best interest of the cus- customer. The, uh, administration's, uh, recommendation of 24-hour suspension without pay for scheduled work hours. Uh, further, an administrative review of Firefighter Gentry's paramedic status will be completed, as well as a mandatory referral to Employee Assistance Program. Uh, I have, can indicate Firefighter Gentry's agreement of conformity and his signature thereto. I have a motion by Councilmember McCord to accept the proposed, uh, uh, discipline. Councilmember Crosby has seconded that motion. Councilmember Lane. I'd like to recuse myself. Thank you. Your recusal will be noted. Any further discussion? All in favor of the motion to accept the recommended discipline, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you, sir. Unless there are further announcements, we'll proceed- May I interrupt for one moment? ... we'll proceed to, uh, public comment. The only person I have who has, uh, indicated a desire to speak this evening is Renee Jackson. I believe she has previously left. Is there anyone else that wishes to address the council? Councilmember McCord. Thank you, Mayor. I move that we go into closed session pursuant to KRS61- uh, .8101F for a discussion related to the discipline or dismissal of an employee and KRS61.8101J for deliberations related to an individual, uh, education. Have a motion and second we go into closed session. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Mr. Levin and Mike, if you come here. One second. Where'd Diane go? Is she upstairs? She went up, she left to do what she does. But she could vote to have a second reading. Do a second reading, yeah. Yeah. All right. Is there a motion or- Maybe we could go back into open session. We've done that. We've done that. I'll make a motion to do no such thing. Move to adopt the resolution and say- Uh, Mayor? I tell you what, let's wait for Logan. Are you ready? Because I'm not sure exactly what we need to move to. That's discrimination. That's what we were discussing. It may be the sitting as an adjudicatory body, but the second reading is still important. So how, how would we phrase it? Okay. Light switch, not delicate topic. Turn the light switch on you, you're either on or off. It is under number 11, it says that. Um, yeah, let me see it. I think it's under 11.7 or 11.8, something like that. Something like that. But it talks about, um, the, uh, the adjournment of the meeting. It says, uh, "If any member wishes to leave the meeting, they may raise his or her hand and the other members are to raise their hands and we shall take the vote." And then under section 11.8.1, it says, "After the meeting has been closed for 30 minutes, if the president finds the quorum has been breached, then the president shall conduct a vote to determine whether the quorum has been breached." And then under section 11.8.4, it says, "If the president cannot determine whether a quorum has been breached, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 12, it talks about, um, "If the president cannot determine whether the quorum has been breached within seven days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 13, it talks about, um, "If the president cannot determine whether the quorum has been breached within 30 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 14, it talks about, um, "If the president cannot determine whether the quorum has been breached within 60 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 15, it talks about, um, "If the president cannot determine whether the quorum has been breached within 90 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 16, it talks about, um, "If the president cannot determine whether the quorum has been breached within 180 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 17, it talks about, um, "If the president cannot determine whether the quorum has been breached within 360 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 18, it talks about, um, "If the president cannot determine whether the quorum has been breached within 720 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 19, it talks about, um, "If the president cannot determine whether the quorum has been breached within 1080 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 20, it talks about, um, "If the president cannot determine whether the quorum has been breached within 1440 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 21, it talks about, um, "If the president cannot determine whether the quorum has been breached within 2400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 22, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 23, it talks about, um, "If the president cannot determine whether the quorum has been breached within 4800 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 24, it talks about, um, "If the president cannot determine whether the quorum has been breached within 9600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 25, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 26, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 27, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 28, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 29, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 30, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 31, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 32, it talks about, um, "If the president cannot determine whether the quorum has been breached within 12000 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 33, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 34, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 35, it talks about, um, "If the president cannot determine whether the quorum has been breached within 3600 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 36, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 37, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 38, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 39, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 40, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 41, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 42, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 43, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 44, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 45, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 46, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 47, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 48, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 49, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 50, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 51, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 52, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president shall conduct a vote to determine whether the quorum has been breached." And then under section 53, it talks about, um, "If the president cannot determine whether the quorum has been breached within 14400 days of receiving notice of the meeting, the president You know, she really is a pain in the ass. She really does suck. She really does suck. I'm taking her to Taco Bell tonight. Taco Bell? What kind of taco bell? Like the big box, though. The big box. She doesn't like it. Well, I'm taking her to the hotel room, though. I'm giving her hell. I'm gonna, uh, ask her to leave. Why? She's annoying me. Because she keeps talking. Talking about? About nothing. Nothing? Just, she keeps talking. Well, you know, I've gotten to the point where I don't even... I don't care. I don't wanna talk to her anymore. She's just, she's just such a pain. Well, I'm telling you right now, I'm recording this. If I ever see you talk to her ever again, I'm calling HR. I'm never calling HR. I'm calling the FBI. Don't do that. I'm calling the FBI. Don't do that, either. I'm calling the FBI. Don't do that, either. I'm calling the FBI. Don't do that, either. Show that the motion passes by a vote of nine to one. Is there any further business? Move to adjourn. Second. I hear a motion from Council Member Ellinger to adjourn. Second by Council Member Gordon. All in favor, please indicate by saying, "Aye." Aye. Oppose, "No." Motion carries. Thank you.