# Urban County Council Meeting - March 25, 2010 > Auto-transcribed civic record · Council · March 25, 2010 - **Permalink**: https://meetings.lexingtonky.news/meeting/1316 - **Source video**: https://lfucg.granicus.com/player/clip/1316?view_id=14&redirect=true - **Date**: 2010-03-25 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 11,597 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on March 25, 2010, at 7:00 P.M. in Lexington, Kentucky, with Mayor Newberry presiding. The meeting included three agenda items: an invocation, a presentation by Friends of the Dog Park, and a public hearing on the Turfland Town Center Development Plan. Over the course of the meeting, the Council heard 2 public comments, received 1 formal presentation, and conducted 3 votes. All agenda items were informational in nature, reflecting a session focused on community engagement and development planning. ## Attendance The following 14 members were present at the March 25, 2010 Council meeting: - Beard - Blues - Crosbie - Ellinger - Feigel - Gorton - Gray - Henson - James - Lane - Lawless - Martin - McChord - Stinnett **Absent:** Myers No members were recorded as late. ## Votes and Decisions Three votes were taken during the March 25, 2010 Council meeting. - **Table ordinance regarding gravel resurfacing permit** [timestamp: 0:11:21]: Motioned by Stinnett, seconded by Crosbie. The motion to table passed unanimously, 14–0. Voting in favor: Henson, James, Lane, Lawless, Martin, McChord, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, and Gray. - **Approve ordinances 1 and 3 through 6** [timestamp: 0:19:18]: Motioned by Beard, seconded by Blues. The motion passed on a roll call vote of 13–1. Voting in favor: Henson, Lane, Lawless, Martin, McChord, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, and Gray. Voting against: James. - **Approve resolution for Lexington Downtown Streetscape Phase One Improvements** [timestamp: 0:31:58]: Motioned by Blues, seconded by Ellinger. The motion passed on a roll call vote of 13–1. Voting in favor: Henson, James, Lane, Lawless, McChord, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, and Gray. Voting against: Martin. ## Budget and Financial Actions The Council approved several contracts and purchases at the March 25, 2010 meeting, covering infrastructure, equipment, and technology needs. - **Conduit Installation – Sir Barton Way:** The Council approved a contract with Arrow Electrical Contractors in the amount of **$87,996** for conduit installation along Sir Barton Way. - **Tandem Axle Cab & Chassis:** A contract was approved with Worldwide Equipment for the purchase of a tandem axle cab and chassis at a cost of **$114,134**. - **Dictaphone System:** The Council authorized a purchase from DictationProducts.com for a Dictaphone system totaling **$39,345**. - **Lexington Downtown Streetscape Phase One Improvements:** The largest financial action of the meeting was a contract awarded to Marrillia Design and Construction for **$1,639,925.81** to carry out Phase One improvements to the Lexington Downtown Streetscape. No resolution numbers were recorded in the available meeting data for these items. Combined, the four actions represent a total Council commitment of approximately **$1,881,400** across infrastructure, vehicle, and technology expenditures. ## Public Comment Two members of the public addressed the Council during the public comment period. - **John Tucker** [timestamp: 1:18:03] spoke about flooding issues on Chilesburg Road, expressing concern that nearby development had created or worsened flooding conditions affecting his property. He requested that the city intervene to address the problem. - **Mr. McCarthy** [timestamp: 1:22:11] urged the Council not to shortchange library funding. He also criticized the city's spending priorities, arguing that money directed toward streetscape projects would be better spent on road repairs. ## Appointments The Council took the following appointment action during the meeting: - **Helen Kendall** was appointed to the **Ethics Commission**. ## Contested Items Two items on the March 25, 2010 Council agenda were passed by split votes rather than unanimously. - **Outdoor Cafe Permits Ordinance:** The Council passed an ordinance regarding outdoor cafe permits by a vote of 13-1. Councilmember James cast the sole dissenting vote. No additional detail on the specific grounds for James's opposition is available from the meeting record. - **Lexington Downtown Streetscape Phase One Improvements:** The Council approved a resolution for the Lexington Downtown Streetscape Phase One Improvements, also by a 13-1 vote. Councilmember Martin was the lone vote against the resolution, citing concerns about prioritizing streetscape improvements over road repairs. Martin's opposition reflected a disagreement over how infrastructure spending should be ordered, with road repairs seen as a more pressing need. In both cases, the measures passed comfortably despite the dissent, with 13 members voting in favor. ## Invocation [timestamp: 01:01] Reverend Steven Monhollen from the Lexington Theological Seminary delivered the invocation to open the Council meeting. ## Friends of the Dog Park Presentation [timestamp: 02:34] Janet Cowen, President of Friends of the Dog Park, appeared before the Council to present a donation of fencing to the city. The donated fencing was valued at $18,775. This item was informational in nature, with no vote or further action taken by the Council. ## Public Hearing on Turfland Town Center Development Plan [timestamp: 09:45] The Council held a public hearing on the development plan for Turfland Town Center. No citizens came forward to speak during the hearing, and no Council members or staff are recorded as having presented testimony or debate on the item during this portion of the meeting. The hearing was informational in nature, and with no public comment offered, it concluded without discussion. --- ## Decisions - **Motion** — tabled (14-0): Table ordinance regarding gravel resurfacing permit - **Motion** — passed (13-1): Approve ordinances 1 and 3 through 6 - **Motion** — passed (13-1): Approve resolution for Lexington Downtown Streetscape Phase One Improvements --- ## Full transcript Let's go ahead and call the council meeting to order, if we could, please. Yeah. Let's go ahead and get started, if we could. It's my pleasure to welcome Stephen Monholland from the Lexington Theological Seminary this evening. I'm sorry. Just a moment. We need to call the roll first. I apologize. Yes. Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Myers. Here. Mr. Stennett. Here. Mr. Beard. Here. Mr. Blues. Here. Ms. Crosby. Here. Mr. Ellinger. Here. Ms. Feigl. Here. Ms. Gorton. Here. And Mr. Gray. Thank you. We have a quorum. I was clearly getting a little anxious to get home early tonight, so my apologies. But I think we're now ready for Reverend Monholland to come forward. He's from the Lexington Theological Seminary to give our invocation this evening. Thank you, Mr. Mayor. I would invite those who are able to do what's called a cleansing breath. Breathe deeply through your nose and exhale through your mouth. You can exhale at no extra charge and keep breathing as we join together in prayer. Breathe on us, breath of life, whose breath moves over the chaotic waters of creation unto this day. Breath of all humanity, you are present when the waters come up to our necks, and we sink in deep mire. You breathe and we come to life. We pray for those who catch their breath in the heat of labor, who gasp for breath in the throes of suffering and death, who share their breath when a life hangs in the balance, who snarl their breath with hatred, who speak their breath on behalf of the vulnerable among us. We are grateful for your breath of life when we grasp for the wind of an uncertain future. We give thanks for your ministry of absence, oh, empowering breath, as you trust us to breathe your breath into those places that most need care and service. Breathe on us, breath of life, in this place we pray. Amen. Go cats. Thank you. Thank you. I'll now turn the microphone over to Councilmember Linda Gordon. This is an exciting evening for dog park lovers because we have with us tonight four, three, I guess I'm the fourth one, of our members of our Friends of the Dog Park Board. And as all of you know, Friends of the Dog Park is a nonprofit that raises private money, which has helped build our dog parks. So with that said, it's my pleasure to introduce the president of Friends of the Dog Park, Janet Cowan, and she'll have a few things to say and introduce the other members of the board who are here. Hi. I'm Janet Cowan, and I live at 612 Columbia Avenue. Y'all remember that for later when I'm up here to speak again. I'm, as Linda said, president of Friends of the Dog Park. We've been incorporated since 1999. And with this donation, I'm going to have to pull my treasurer up for $18,000-some dollars, almost $19,000. With this donation tonight, it will raise our total donations to the city of approximately $100,000 that has all been raised through private funds and donations and the dog paddle and all, every penny of it gone back to the city and to your parks for your people. So I'd like to introduce Shannon Hutchinson, who serves as our treasurer. And I'd like to say we're such a small board, we've all been everything. And our vice president, Sally Dodd, is not with us tonight, and she swore she would come, but I think if she shows up, she thinks she might become president, so she won't. Miranda, Tiffany, and, of course, Linda Gorton and myself, along with numerous other volunteers, have pulled this off. We would like to thank Lansdowne Veterinary Clinic, who has given us not only money, but they donate a vet every year to the dog paddle to patch up little torn paws from dogs running around. I'd like to thank Incredipet, who's been with us from the beginning. The photographer that travels with me, Ted Cowan, who's done pro bono work not only for the neighborhood, but for the dog park. Many other volunteers, Rodney Worley with automated cutting technology made all the signs free for the dog parks. And recently we worked with Doug Geddes of Herb Geddes Fence Couldn't have been more pleased with the cooperation we got from him and the job that was done. Also with parks, we'd like to thank Mark Morgan and Brad Billeter. They were wonderful men to work with. And with that, I would like to, every time before when we've talked, we've talked about how many dogs this group has lost, adopted. We've, during the, since 1999, we've had babies and grand babies. We've sent sons off to war and brought them home. We've sent daughters off to the Peace Corps and brought them back. We have recently lost jobs due to Verizon going out of business here. And we have rejoiced with one of our members who put off her surgery for cancer to be at the dog paddle to work for this. Hence the pink T-shirts that we've sold. I couldn't, we couldn't do it without these women sitting here. Or Jerry Hancock. Come forward. Jerry, I think, at the beginning was a naysayer, but he, we made a believer out of him that if you put more than two dogs in a swim pool, they wouldn't kill each other. And they haven't yet. They haven't yet. Yet. Our dog paddle average is about, what do we have, about 800 on up dogs. If you haven't visited, haven't seen it, come to it. It's the Saturday. First Saturday after Labor Day. After Labor Day. At Woodland Park Pool. And we would like to pitch for another pool, Jerry. Since we have already written our checks, we don't have a big check to give to parks, but we do have a cute book, A Day at the Dog Park, so you can find out what goes on there. Thank you very much. And it is to all of our human friends at Parks and Rec, woof, woof, which is interpreted thank you, and thanks from all the dogs and their humans who use the dog park in Fayette County. And we'd like to, you can put that by our other big check in the parks department. I do that. Thank you very much. I'd like to present one of these books, and I just wish I'd written it. As I told Mr. McCord, you know, the other night, to Shannon and Linda. So, anything? I'd like to say something about you. No, no. Briefly, we get a lot of requests for stuff in parks all the time, whenever the sun shines. These folks came to us in 98, and we said, what are you talking about? They said, we're going to do this, and we're going to do that, and they did it. They did it in spades, and they did it when they said they were going to do it. And they created what is arguably one of the most popular amenities we have in our parks. You drive by Wellington or any of the others any day, and you see they're crowded. Dog parks are popular. These folks did it. They delivered. They're there. They're persistent. That's what I wanted to say about Ms. Cowan. She's persistent. We've noticed. Thanks to them. A lot of good things happen in our community through volunteers. They're a great example. Let's give them some applause. Thank you. Janet, to you and everyone in your group, thanks so much for all that you have done to make those amenities available not only for your all's use, but for the entire community's use. We're most appreciative. Item four on our agenda tonight is a public hearing on the development plan for Turflin Town Center. Let me call the public hearing to order. Is there anyone that would like to address the Council on this matter? All right. Seeing none, we'll move along. We'll adjourn the public hearing and proceed, Madam Clerk, to the ordinances entitled to second reading. Ordinance number one, 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 the 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 or other appropriate actions as are necessary or required in connection with the establishment of the development area. Madam Clerk, let me recognize Councilmember Stennett. In follow-up to our discussion on Tuesday, I moved the table item number two and removed it from my docket and placed it into the Building Inspection Task Force so we can further investigate the two issues of the fee amount as well as qualifying the amount of gravel which will be laid on a given lot so we can put some different parameters in it. So moved. Second. I have a motion by Councilmember Stennett and a second by Councilmember Crosby to table item number two. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries. Councilmember Lawless, I think you have a motion with regard to item number three. Not at this time. Thank you, Mayor. To amend the patrons, to address the patrons issue. No, sir. I'd like to move it forward. All right. Very well. Madam Clerk. Ordinance number three. An ordinance amending sections 17-29 through 17-29.5 of the Code of Ordinances, Lexington-Fayette-Urban County Government, pertaining to outdoor cafe 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 cafe to include entertainment establishments. Define and provide for a permitted area in which the encroachment of the outdoor cafe is lawfully allowed. Amend the definition of sidewalk to allow the use 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 an annual basis effective January 1. Approval of the other property owners and tenants. The removal of furnishings during the times of the year the outdoor cafe 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. Specifically 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 unlawfully allowed within the permitted area, in accordance with the Kentucky Building Code, annual renewal prior to December 1, an annual fee of $50 in addition to any other business license, reference to the Americans with Disabilities Act, noise activities in violation of local law prohibited, conduct not related to the operation of an outdoor cafe 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. Number four, 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 five, 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 six, an ordinance amending certain of the budgets of the Lexington County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 125. Thank you. That concludes the reading of the ordinances entitled to second reading. Do I hear a motion to approve ordinances one and three through six? I have a motion by Councilmember Beard, a second by Councilmember Blues. Councilmember James. Thanks, Mayor. I'm just curious to hear a little bit more about the proposed whatever the amendment would have been for item number three. I wondered if somebody could talk about whatever that discussion was. Councilmember Wallace. Yes. Late yesterday I got, and I was out of town, so out of pocket, so I couldn't see it, an amendment adding persons to, along with furnishings in the public, on the clear zone, which is the public sidewalk for cafe, sidewalk cafe permittees, and after much discussion today with several people, it seemed that there wasn't time to properly vet that, that there could be a significant unintended impact on the permittees, and we can always add it. This is going to be a year of learning on these sidewalk cafes, but it's clear that there has to be a width that is left clear on the sidewalk for people to pass, there's no other business in Fayette County that is responsible for all activities on the sidewalk in front of their business, especially with the festivals, et cetera, going on. To add that extra burden without really vetting that unintended impact seemed unreasonable. This year is going to be a learning on this sidewalk cafe. We can amend it at any time if there is a problem, but at this time I would urge you all to please support it as it was on the docket. It is economic development at its best. These folks that own these establishments pay all kinds of fees, payroll tax, property tax, and to add that additional burden at this time without it being vetted seems unreasonable. So I hope that you all will pass it as written and not add any amendments. Thank you. Mayor, what was the root of the amendment? I mean, was there some conversation around even the suggestion of it? I think Mr. Horne may speak to this in greater detail, but you may recall there was a suggestion that it would be appropriate to involve the county attorney's office in the review of the draft ordinance since they would be the ones charged with enforcement. My understanding, correct me if I'm wrong, is this amendment was something that was proposed by the county attorney's staff. That's correct. They thought it added to the clarity for enforcement purposes. And so where it has umbrellas to furnishings, it would say people? Patrons. Patrons. Okay. Okay. Thanks for that clarification. Any other discussion? The motion on the floor is to approve items 1 and 3 through 6. If there's no further discussion, we'll proceed to vote. Those in favor of those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And, Madam Clerk, please call the roll. Ms. Henson? Yes. Ms. James? No on 3 and yes on the rest. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Stinnett? Yes. Mr. Beard? Yes. Mr. Bluse? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. And Mr. Gray? Yes. Yes. All council members having voted, those ordinances are approved. And we're ready now to move on to ordinances entitled to first reading. Madam Clerk. Ordinance number 7, an ordinance changing the zone from an agricultural rural AR zone to a community center CC zone for 37.5 net, 52.63 gross acres from an agricultural rural AR zone to an expansionary residential 3EAR3 zone for 90.37 net, 92.05 gross acres, and from an agricultural rural AR zone to an expansionary residential 3EAR3 zone with a transition area TA overlay zone for 14.82 net, 16.49 gross acres for the property located at 2950 Winchester Road, a portion of WWMLLC, Osbrook, Polo LLC, and Polo 1 LLC amended. Number 8, an ordinance changing the zone from an agricultural rural AR zone to an expansionary residential 1EAR1 zone for 12.45 net, 12.54 gross acres for the property located at 425 Charlesburg Road, Dennis Anderson. Number 9, an ordinance amending Section 21.5.2 of the Code of Ordinances creating one position of administrative officer grade 118E in the Division of Youth Services effective retroactive to June 22, 2009. Number 10, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute a letter of agreement amendment with the Kentucky Heritage Council for additional federal funds in the amount of $2,032 for the Division of Historic Preservation's survey and planning project and increasing the amount required for local match by $1,355 and appropriating funds pursuant to Schedule 126. Number 11, an ordinance amending certain of the budgets of the Lexington-Fayette County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule 127. Number 12, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet which grant funds are in the amount of $70,059 federal funds are for the Safe Havens and Supervised Visitation Program, the acceptance of which obligates the Urban County Government for the expenditure of $23,354 as a local match to be provided by Sunflower Kids Incorporated appropriating funds pursuant to Schedule 128 and authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute an agreement with Sunflower Kids Incorporated for supervised visitation and monitoring exchange services at a cost not to exceed $70,059. Number 13, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Health and Human Services to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $180,000 federal funds, are for operation of the MASH drop-in facility, the acceptance of which obligates the Urban County Government for the expenditure of $20,000 to be provided by the MASH drop-in operating budget appropriating funds pursuant to FY 2011 Schedule No. 2 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 14, an ordinance authorizing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $65,026 Commonwealth of Kentucky funds from the Law Enforcement Service fee program, are for the support of the cost of police overtime hours for a traffic alcohol patrol, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to FY 2011 Schedule No. 3 and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you. Are there any motions? Seeing none, Madam Clerk, if you'll proceed with the resolutions entitled to second reading. Resolution No. 1, a resolution accepting the bid of Arrow 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 2, a resolution accepting the bid of GNK Services establishing a price contract for the rental of entrance mats for the Division of Facilities and Fleet Management. Number 3, 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 4, a resolution accepting the bid of Dictation Products.com in the amount of $39,345 for a Dictaphone System for the Division of Police. Number 5, 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 6, 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 7, 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 8, a resolution accepting the bid of Tandem Axle Cab and Chassis for the Division of Parks and Recreation establishing a price contract for Inductive Loop Vehicle Detection and Installation for the Division of Traffic Engineering. Number 9, a resolution accepting the bid of Davis H. Elliot Construction Company Incorporating a price contract for Inductive Loop Vehicle Detection and Installation for the Division of Traffic Engineering. Mike, I'm trying to understand this project in the context of our other streetscape projects, because I know that we've looked at a number of them. This is one of, I guess, four or five that the council has sort of given preliminary approval to? Is that correct? You're speaking of the accepting of Morella? No, I'm speaking for a section of Vine Street from Broadway to Limestone. From Broadway to Limestone? Okay. It does include some repaving onto Elm Street, but no sidewalks in that area. Okay. So we have this project and then we have, I guess, a West Main Street project? Mike, at the past council meeting you accepted a contract from Charles DeWeese Incorporated for Main Street from Broadway to Limestone. There is an additional project that we have an advertisement schedule to have that one advertised March 29th. We go out for advertisement. That's the one we don't have a contractor. It was the project that was behind the others. And that's the East Main part. Is that correct? Yes, that's correct. Limestone to Elm Street. I guess I'm once again revisiting the priorities of putting money into sidewalks and streetscapes where we haven't bonded our road repaving. I brought this up at one point previously and I was told that it's being examined in the bond committee and things like that. I don't think there's been any progress on that. Do you know how many years previous the council has bonded the $3 million to put into roads? No, sir, I don't. I know that there was in the six-year plan that we worked on last year, there was $3 million each year. But I don't know going backwards, working for government prior, how many years it had been bonded. That's correct. I believe what we have is $2 million available in map funds from 2009 for resurfacing. But 100% of that won't go into actual repaving because we take percentages out for sealing and crack sealing. Mayor, I guess I'm going to vote against this because I don't believe that we should be putting money into streetscape projects where we haven't put money into bringing our roads up to shape. I think we've got some serious issues with roads and I just can't support this at this time. Thanks. Thank you, Mayor. Commissioner? Just to make sure everybody's aware, the Morella contract is associated with the ARA project on Vine Street also that had the stimulus dollars involved in it. Can't do one without the other. And the ARA has authorized a contractor for that work. Commissioner, included in this contract, does that include the crosswalks and signaling and things like that too? Between Broadway and Limestone, yes. It will make the sidewalks ADA compliant to the extent possible. There is some slope in there that you can't change the foundations of buildings. There are places along the sidewalk on Vine Street, probably three, where you don't have an ADA compliant slope. Does it include the lighting, the pedestrian signaling that allows you to cross the street? Yes, ma'am. The chair of the Commission for Citizens with Disabilities had advocated from the beginning of the streetscape to have audible signaling. Do you know if that's part of this contract? The crossings and the buttons to activate the crossings are, I think it has the capability, but I can't say for sure whether the audible is included. Okay. I know that that was something that several folks that Maury Latour had spoken with had said that they were, I know he talked to Cleet maybe, I don't know if Cleet is part of this one, maybe Jeff Neal, there are several people that he listed, he called me today, or we talked today. And wanted to be sure that that audible signaling was included in that. How do we move forward? I mean, how could we find out quickly if that is? I just don't have the spec book in front of me. I can let you all know. I do recall in all the work that we did, and what I would say is I think it is audible, but I don't know whether it's the chirp or the actual speaking. And I do know that the additional cost to add that on is minimal. The system has the capability of it. Can I get a pledge from you that if it's not included that you will work hard to make sure that we do? Yes, ma'am. Thank you. I don't know that it isn't included in it. I just don't want to say that it is until I was absolutely sure. And if it's not, you're going to work hard to make sure. Thank you. Resolution number eight, a resolution accepting the bid of Morelia Design and Construction in the amount of $1,639,925.81 for the Lexington downtown streetscape phase one 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 Morelia Design and Construction related to the bid. Mayor, I have a motion on number nine. I was handed this from administration. I move to amend item number nine under resolution second reading to remove due to an error in the listed rank and grade reference to the following names. Jacob Crawford, Nicholas Elko, Yolanda Elko and Dustin Wynn. This is not a material change and does not require a new first reading. Thank you. Do I hear a second? Second. I have a motion by Councilmember James, second by Councilmember Gordon to amend item nine as specified. Any discussion? Councilmember Wallace. Thank you, Mayor. Approving the unclassified civil service appointment of Mary Cole, administrative specialist. Oh, I'm so sorry. This is just on the motion. I'm sorry. Never mind. I wasn't speaking to the motion. All right. The motion is to amend item nine as specified. Any discussion on that topic? All in favor, please say aye. Opposed, no motion carries. All right. Now, Councilmember Wallace, do you wish to address item nine? Yes, sir. Thank you. Toward the very end, approving the unclassified civil service appointment of Mary Cole, administrative specialist in the Division of Waste Management. If Commissioner Taylor might. Is she somebody that's been doing contract work for the We had another person doing contract work who left the position in December. Who was that? I can't think of her name. I apologize. It's not Mary, but Mary came in and spent a few weeks with her before she left to train. And is just really filling in. She works at the MRF and does all of the But mostly what she does is weigh trucks in and out, weigh materials, handle receipts and truck drivers. We didn't have a lot of notice that we were going to lose the person that had been there for some time. And so we put her in as a temp because of all the changes that we're doing in recycling systems. We didn't know if we needed to keep it long term or if it would just be a transitional position. So that we wouldn't commit ourselves long term. There's nothing further. Madam Clerk. Resolution number nine as amended. Tracey McElroy, staff assistant, grade 107N, 12.839 hourly in the division of waste management, effective March 22, 2010. 44 biweekly in the division of environmental policy, effective March 1, 2010. Tracey McElroy, 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, fleet parts specialist, grade 109N, 16.694 hourly in the division of facilities and planning, effective March 1, 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, 2,355.28 biweekly in the division of central purchasing, effective April 1, 2010. Lawrence Orfield, maintenance supervisor, grade 115E, 2,179.60 biweekly in the division of water quality, effective February 15, 2010. Bratify in the permanent civil service appointments of Cindra Brown, administrative specialist principal, grade 114E in the division of community development, effective August 17, 2009. Hannah Laura Bourne, 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 resources 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. T.J. 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. Bratify in the probationary sworn appointments of Ricky Loveless, fire lieutenant, grade 315N, 17, 2009. Christine Point, 268 hourly in the division of fire and emergency services, effective February 15, 2010. Bratify in the permanent sworn appointment of Guy Green, police lieutenant, grade 317E in the division of police, effective February 28, 2010. Sam Murdock, police sergeant, grade 315 in the division of police, effective December 15, 2009. Bratify in the permanent community corrections officer appointments of James Dunn, Joseph Hendricks, Chadwick Hundley, Anthony Lawson, Jonathan Murray, Gerald Trumbo, community corrections officer, grade 110N in the division of community corrections, effective December 8, 2009. Approving the unclassified civil service appointment of Mary Cole, administrative specialist, grade 110N, $20 hourly in the division of waste management, effective March 22, 2010. Number 10. Grant application authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Blue Grass 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 Blue Grass Care Collaborative Assistance and Relief Effort Fund and are for financial assistance for families at risk for the division of youth services. Number 11. A resolution changing the street name and property address number of 1652 Bryant Road to 3418 Polo Club Blvd., of 1505 Deerheaven Lane to 3414 Polo Club Blvd., of 797 Miles Point Way to 801 Enterprise Drive, of 651 West New Circle Road to 1501 Colesbury Circle, of 3275 Polo Club Blvd. to 2270 Ice House Way, of 767 West Sheridan Road 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 2555 Holbrook Court, of 2570 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 and a half Thompson Avenue to 186 Simpson Avenue. Road to 106 and 108 Thompson Road and changing the street name of 3280 Post Road to Keith Shireway and of 173 and 181 Southland Drive to 173 and 181 Collins Lane, all effective 30 days from passage. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Implementation Services Agreement, Licensing Agreement and Maintenance Agreement with Acela Incorporated for asset management software required by the Urban County Government's consent decree for the Division of Water Quality at the total cost not to exceed $1,594,360.94. And number 13, a resolution adopting an updated expansionary exaction rate table for roads, parks, stormwater, open space, sewer transmission and sewer capacity to reflect actual and or contracted costs for eligible systems improvements constructed for the Department of Finance and Administration and the Department of Works and Development and the Divisions of Planning and Engineering. clerk, that concludes the reading of the resolutions entitled to a second reading. Is there a motion to approve them? I have a motion by Councilmember Blues and a second by Councilmember Ellinger to approve those resolutions. Is there any discussion? Seeing none, let's vote. Those in favor, please vote aye electronically. Those opposed, please vote no electronically. Madam Clerk, please call the roll. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes, no, on eight. I will reflect that. Mr. McCord? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Ms. Gorton? Aye. And Mr. Gray? Yes. Thank you. Thank you. Those resolutions are adopted. We're now ready for the reading of resolutions entitled to a first reading. Madam Clerk. Resolution number 14, a resolution accepting the bids of Schiller Architectural Hardware, Lexington Building Supply, and Congleton Lumber Company, establishing price contracts for doors and steel hardware for the Division of Facilities and Fleet Management. Number 15, a resolution accepting the bids of Truckers Lighthouse, MPH Industries Incorporated, Adamson Industries Incorporation, Priority One Emergency Radio Communication Systems Inc., doing business as RCS Communications and Galls, and Aramark Company, LLC, establishing price contracts for emergency equipment for the Division of Police. Number 16, a resolution accepting the bid of Pro Tech Security Sales, establishing a price contract for ballistic vests for the Division of Police. Number 17, a resolution accepting the bid of TASC Incorporated, establishing a price contract for Greenways Maintenance for the Division of Engineering. Number 18, a resolution accepting the bid of Jason Tate Contractor, establishing a price contract for sidewalk ramp installation and reconstruction program 2010 for the Division of Engineering. Number 19, a resolution accepting the bid of Clonch Construction, LLC, in the amount of $977,250.85 for the Meadows, Northland, Arlington Neighborhood Improvements Phase 2E, Loudon-1 Area Street Storm and Sanitary Improvements for the Department of Public Works and Development and the Division of Engineering, and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Clonch Construction, LLC, related to the bid. Number 20, a resolution accepting the bids of S&T Fencing Incorporated, Herb Getty Fence Company Incorporated, Rio Grande Fence, ZKB Construction Services, LLC, Myers Fence, LLC, and Shuck Fence Company Incorporated, establishing price contracts for fencing for the Division of Parks and Recreation. Number 21, a resolution accepting the bids of Anaconda Sports Incorporated, Sport Supply Group Incorporated, S&S Worldwide, Riddle Flag House Incorporated, NASCO, Cannon Sports, Bill Fritz Sports Corporation, Pyramid School Products, Activist Sports, Main Street Outfitters, and Mid-South Baseball Incorporated, establishing price contracts for athletic equipment for the Division of Parks and Recreation. Twenty-two, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from CMW Real Estate, LLC, of six concrete planters for the use of the Division of Parks and Recreation at no cost to the Urban County Government. Number 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit eight grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $2,538,932 Federal funds under the 2011 Congestion Mitigation Air Quality Program and are for the Fiber Optic Cable Installation Project, $320,000, the Lexington Area Air Quality Outreach Project, $80,000, the West Loudoun Avenue Sidewalk Project, $360,800, the Liberty Road Sidewalk Project, $142,400, the Brighton Rail Trails, $615,600, Intersection Improvements for Manowar Boulevard at Ping Pigeon Way, $352,000, Intersection Improvements for Manowar Boulevard at Alumni Drive, $608,000, and the Division of Police Vehicle Replacement Project, $60,132. Number 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation of concrete material reject from Cloud Concrete for use by the Division of Fire and Emergency Services at no cost to the Urban County Government. 25, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to lease agreement with WDKY Incorporated for the use of radio tower space and facilities extending the term of the lease three years and providing for additional renewal subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $25,800 in FY2010. 26, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Barker as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for the professional testimony in court and the reasonable cost of the medical liability insurance. 27, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Owensboro Police Department for the transfer of equipment used for IED training purchased with funds awarded by the Kentucky Office of Homeland Security to the Owensboro Police Department. 28, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the old Frankfort Pike Alexandria Drive stone fence project through June 30, 2011 at no cost to the Urban County Government. 29, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Eastern Little League Baseball Incorporated, $1,150, Overbrook Homeowners Association Incorporated, $700 and Bluegrass Council of the Boy Scouts of America, $250 for the office of the Urban County Council at a cost not to exceed the sums stated. Council Member Gorton, please. Yes, thank you, Mayor. Council Members, as you know, number 51 on our docket is the revised text amendments that will go to Planning Commission. So with that, I move to remove from the docket resolution number 30 relating to zoning ordinance text amendments for the reason that the text amendments proposed in that resolution are included in resolution number 51. I have a motion to Council Member Gorton and a second to Council Member Ellinger to remove item 30 from the docket. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 31, a resolution ratifying the probationary civil service appointments of Frank Madsen, Staff Assistant Senior, Grade 108N, 11.655 hourly in the Division of Water Quality, effective March 29, 2010. Donald Hancock, Financial Management Administrator, Grade 119E, 2003-84, 64 biweekly in the Division of Accounting, effective April 5, 2010. Billy Prather, Project Manager, Grade 114E, 1,588, 40 biweekly in the Division of Water Quality, effective March 1, 2010. Rebecca Simpson, Internal Auditor, Grade 118E, 1,009, 22, 16 biweekly in the Office of Internal Auditor, effective March 22, 2010. Approving the Unclassified Civil Service Appointment of Richard Miller, Administrative Officer, Grade 118E, 2008-84, 64 biweekly in the Division of Waste Management, effective March 22, 2010. Mayor. Sorry, Council Member Wallace. Thank you, Mayor. I have a question about Richard Miller, Administrative Officer, Grade 118. This is more about process, I guess, than anything. I understand Mr. Miller is very competent, but has he, he was on contract with the city that we didn't, one of those under $50,000 maybe. Richard, I think originally, and Rama can back me up on that one, but he came in as one of the PeopleSoft IT folks and did a really great job with that. And we had the project that we're putting in in waste with the new rugged tablets and the GPS systems in the trucks that will be starting up this summer. So he had done such a good job for the PeopleSoft project that we brought him in as a temporary project manager for that project. So has he also been an unclassified non-civil service appointment? Yes. In our group. So he went from contract to unclassified civil service. And so we're just now seeing his name as a civil service employee, correct? He's a temporary employee. I'm not sure what the words are saying. Sorry. Okay. What's your question about the way it's worded? So is he now a civil service employee? No. Okay. So he's a temporary employee? Temporary project manager. We have a project manager in a similar position over in water who's managing the Acela project. And that model worked really well for us. It's not necessarily a position that you would want to keep long term, but during the duration of the project, it's more cost efficient for us to bring someone on as a temp than to try to pay them hourly. So now he's moving from, oh, I see. Okay. He's moving from a contract to an unclassified civil service. Yes. I know it's a little confusing. Sorry. Go ahead. Okay. Thank you. Okay. Madam Clerk. Number 32, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from Friends of the Dog Park Incorporated of fencing and installation for use at the Masterson Station Dog Park at no cost to the Urban County Government. Number 33, a resolution authorizing the Mayor on behalf of the Urban County Government to execute the Memorandum of Understanding with Kentucky State Police for Kentucky Internet Crimes Against Children Task Force at no cost to the Urban County Government. Number 34, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Predestar Incorporated for emergency management planning software at a cost not to exceed $5,000. Number 35, a resolution accepting the proposal of Veolia ES Technical Solutions LLC in the amount of $110,702.50 for hazardous waste collection services for the spring clean 2010. Excuse me, Madam Clerk. Item 36, I understand, requires a public meeting. So let me go ahead and call that public meeting to order. Does anyone wish to address the Council with regard to item number 36? Seeing none, we'll adjourn the public meeting. Madam Clerk. Number 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department for Local Development and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $75,000 federal funds and are for the Hysel Farm Park development. Number 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $50,000 federal funds and are for Justice and Mental Health Collaboration Program. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $270,000 federal funds and are for continuation of the Street Sales Drug Enforcement Project. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $52,000 federal funds and are for the Old Frankfort Pike Corridor Management Plan. Number 40, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Spec Rescue International for structural collapse response mitigation certification training for the Division of Fire and Emergency Services at a cost not to exceed $37,300. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a license agreement with the Kentucky Bicycle and Bikeways Commission for use of its Share the Road artwork at no cost to the Urban County Government. 42, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Safe Routes to School Project through June 30, 2011 at no cost to the Urban County Government. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 2 Project through June 30, 2011 at no cost to the Urban County Government. Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Lexington Community Land Trust Incorporated for mitigation services for the Newtown Pike Extension Project at a cost not to exceed $250,000 in federal grant funds. 45, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with the University of Kentucky Research Foundation for archeological monitoring for the Vine Street Streetscape Improvements Project for the Division of Historic Preservation at a cost not to exceed $59,403. 46, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a professional services agreement with the University of Kentucky Research Foundation for archeological monitoring for the Main Street Streetscape Improvements Project for the Division of Historic Preservation at a cost not to exceed $62,625. 47, a resolution pursuant to Code of Ordinances Section 18-66, designating the speed limit on Oxford Circle as 25 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. 48, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with the Pine Meadows Cardinal Hill Mason-Headley Neighborhood Association incorporated $2,000 and Gainesway Neighborhood Association incorporated $560 for the office of the Urban County Council at a cost not to exceed the sums stated. 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Team Contracting LLC for Town Branch Primary Influent Pump Replacement Project for the Division of Water Quality, increasing the contract price by the sum of $188,192 from $1,340,000 to $1,528,102. Excuse me, Madam Clerk, Council Member Beard. Thank you, Mayor. I guess it's Cheryl Taylor Day. The $60,000 increase is a 78% increase. Did the bid requirements change that much, or what happened, I guess, is generally I feel like these are surprises that spring up, but that's a pretty big surprise. Well, the requirements for landfill water quality monitoring changed, so we have to add additional water quality monitoring. We had a problem with compliance at both facilities. Over the last couple of years, we've worked pretty hard to get them in compliance, but the permit that we have requires that we do additional testing. And rebidding would not be an option for us? Well, we just rebid this. I can't remember exactly, but I want to say it was last August. But, you know, we could do that. We've got the process in place, and the group MAC Tech actually gave us a much lower price than the previous lab that we had used. So now I guess we've made up for it here. Well, I'm not even presuming to tell you your business by any means, but it just is kind of funny to me anyway. Well, you know, we can take a look at that. Well, if you're comfortable with it, that's fine with me, but I just thought maybe we ought to bring it up in the daylight. Yeah, it's a pretty large increase, but it added quite a few sample requirements. We have two new wetlands out at the Haley Pike landfill, and we put in a brand-new pumping station, so we have different points we have to take from. But fortunately right now the only problem we seem to be having out there is with ammonia, but we have to continue to pull the samples. We also have problems at the old Frankfort landfill, but that one is being addressed as well. So the sampling costs went up, the permit required additional samples, and so we just extended that contract. It could have been relooked. Okay, thank you. Thank you, Mayor. Madam Clerk. Resolution No. 50, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order No. 1 to the contract with MAC Tech Engineering for landfill water quality monitoring for the Department of Environmental Quality, increasing the contract price by the sum of $60,000 from $76,600 to $136,600. And No. 51, a resolution initiating zoning ordinance text amendments from Planning Commission consideration and recommendation to amend Article I of the zoning ordinance to modify the definitions of boarding house, lodging house, family, dwelling, single family, and dwelling two family, to add definitions of functional family and fraternity or sorority house, to add a new section to Article VII pertaining to the process before the Board of Adjustment to obtain a conditional use permit as a functional family, and to amend Article VIII-5C to eliminate the keeping of borders as an acceptable accessory use. Thank you very much. Council Member Gordon. Thank you, Mayor. I move to suspend the rules, and before I say the numbers, one of them is going to be 51, and I think for anyone who's concerned that it has not had the public input, it will be coming back to the Council after it goes to the Planning Commission. So in the interest of time, I move to give second reading to No. 51, No. 32, and No. 40. I have a motion to suspend the rules for purposes of giving second reading to items No. 32, 40, and 51. Are there others? Are there others? Council Member Henson. Thank you, Mayor. I ask to suspend the rules, give second reading to Item 37, 47, and 48. Thank you. Council Member Lane. Thank you, Mayor. I ask for a second read on Resolution 31. The reason for this request is one of the employees had some paperwork issues that delayed her employee in the Office of Internal Auditor, and it was a request from the director. And I was not going to ask for a second read until the other issue cleared the Council or the other question on the personnel matter. The second one is Item No. 36, and this is to receive a $75,000 federal funds grant, and it's due by 3-31-10 to have a resolution to file with the application. So I'd ask for a second read on that. Thank you. Thank you. Council Member Wallace. I'd like to suspend the rules and ask for a second reading on No. 45. That's about the archaeological monitoring for the Vine Street streetscape, and this is so they can move forward. It's a federal and state obligation. Thank you. Thanks. Council Member McCord. Thank you, Mayor. I'd like to ask for a second reading on 23 and 43. 23 is the grants for congestion mitigation, air quality, and a number of the infrastructure projects that we have out there. Just submitting those grants in 43 is to move at no cost to the government the Town Branch Trail Phase 2 project. Thank you. Council Member Stennant. I already have one taken. Thank you, Mayor. All right. Council Member Blues. Thank you, Mayor. I'd like to add 39. The grant application is due on April 2nd. Thank you. Council Member James. Thank you, Mayor. I'd like to include No. 19. Thank you. Are there others? Council Member Lane. Sorry, Mayor. I missed one here. Resolution 35, accepting the proposal of Veolia ES technical solutions for hazardous waste collection services. Council Member Wallace. Thank you, Mayor. I'd also like to suspend the rules for No. 46. It's the same as 45. I didn't realize it was two different resolutions. Thank you. Any others? All right. My notes reflect we have now a motion to suspend the rules to give second reading to the following resolutions, 19, 23, 31, 32, 35, 36, 37, 39, 40, 43, 45, 46, 47, 48, and 51. Were there any that I missed? Those in favor of suspending the rules to give second reading to those items, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Resolution No. 19 for second reading, a resolution accepting the bid of Quanch Construction, LLC, in the amount of $97,250.85 for the DeMettos Northland Arlington Neighborhood Improvements Phase 2E Loudoun-1 Area Street Storm and Sanitary Improvements for the Department of Public Works and Development and the Division of Engineering, and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Quanch Construction, LLC related to the bid. No. 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit eight grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $2,538,932 federal funds under the 2011 Congestion Mitigation Air Quality Program and are for the Fiber Optic Cable Installation Project, $320,000, the Lexington Area Quality Outreach Project, $80,000, the West Loudoun Avenue Sidewalk Project, $360,800, the Liberty Road Sidewalk Project, $142,400, the Brighton Rail Trail, $615,600, Intersection Improvements for Manowar Boulevard at Pink Pigeon Parkway, $352,000, Intersection Improvements for Manowar Boulevard at Alumni Drive, $608,000, and the Division of Police Vehicle Replacement Project, $60,132. Item number 31, a resolution ratifying the Probationary Civil Service Appointments of Frank Madison, Staff Assistant Senior, Grade 108N, 11.655 hourly in the Division of Water Quality, effective March 29, 2010, Donald Hancock, Financial Management Administrator, Grade 119E, 2003-84, 64 biweekly in the Division of Accounting, effective April 5, 2010, Billy Prather, Project Manager, Grade 114E, 1588, 40 biweekly in the Division of Water Quality, effective March 1, 2010, Rebecca Simpson, Internal Auditor, Grade 118E, 1009, 22, 16 biweekly in the Office of Internal Auditor, effective March 22, 2010, and approving the Unclassified Civil Service Appointment of Richard Miller, Administrative Officer, Grade 118E, 2008-84, 64 biweekly in the Division of Waste Management, effective March 22, 2010. Number 32, a resolution authorizing the Mayor, on behalf of the Urban County Government, to accept a donation from the Friends of the Dog Park, Incorporated, a fencing and installation for use at the Masterson Station Dog Park, at no cost to the Urban County Government. Number 35, a resolution accepting the proposal of Veolia ES Technical Solutions, LLC, in the amount of $110,702.50 for hazardous waste collection services for the Spring Clean 2010. Number 36, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Department for Local Development and to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of $75,000 federal funds and are for the Justice and Mental Health Collaboration Program. Number 39, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Department for Local Development and to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of $50,000 federal funds and are for the Justice and Mental Health Collaboration Program. Number 39, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of $52,000 federal funds and are for the Old Frankfort Pike Corridor Management Plan. Number 40, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with SPEC Rescue International for subdivision of fire and emergency services at a cost not to exceed $37,300. Number 43, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an amendment to an agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 2 project through June 30, 2011 at no cost to the Urban County Government. Number 45, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a professional services agreement with the University of Kentucky Research Foundation for archaeological monitoring for the Vine Street Streetscape Improvements Project for the Division of Historic Preservation at a cost not to exceed $59,403. Number 46, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a professional services agreement with the University of Kentucky Research Foundation for archaeological monitoring for the Main Street Streetscape Improvements Project for the Division of Historic Preservation at a cost not to exceed $62,625. Number 47, a resolution pursuant to Code of Ordinances, Section 18-166, designating the speed limit on Oxford Circle as 25 mph and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 48, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a professional services agreement with the University of Kentucky Research Foundation for the Division of Historic Preservation at a cost not to exceed $62,625. Number 49, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a professional services agreement with the University of Kentucky Research Foundation for the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 50, a resolution to add definitions of functional family and fraternity or sorority house to add a new section to Article 7 pertaining to the process before the Board of Adjustment to obtain a conditional use permit as a functional family and to amend Article 8-5C to eliminate the keeping of borders as an acceptable accessory use. Thank you. Is there a motion to approve those resolutions? Motion by Council Member McCord. Is there any discussion on those resolutions? Seeing none, we'll proceed to vote. Those in favor, please indicate the voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Ms. Henson? Yes. Ms. Janes? Yes. Mr. Lane? Yes. Mr. Bluse? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. And Mr. Gray? Yes. Thank you. Those resolutions are adopted. We're now ready to proceed to communications from the Mayor, Council Member Gorton. I move to place on the docket under communications from the Mayor the nomination of Helen Kendall, fulfilling the Citizens for Ethical Government position on the Ethics Commission. I have a motion by Council Member Gorton and a second by Council Member Henson to add Ms. Kendall's name to the list of appointments recommended by the Mayor. Is there any discussion? All in favor, please say aye. Opposed, no. The motion carries. A motion now to approve the communications from the Mayor as now modified is in order. I have a motion by Council Member Lane, a second by Council Member Beard. Any discussion? All in favor, please say aye. Opposed, no. The motion carries. We're now ready for announcements. As was announced yesterday, Sarah Beth Barnett from Lexington Christian Academy won the title of Miss Kentucky Basketball. And Sarah Beth, not only is Lexington Christian in my district, and that's pretty cool. She's the first person to win from Lexington that title. But Sarah Beth is also my cousin. And I think it's pretty cool that when she was four years old, she was at our wedding. And to see her receive this honor, that's pretty neat. So, Mayor, with that said, I'd like for Mr. Green to have the family and the coaches and her to come in for a recognition that's certainly deserving at a future Council meeting coming up. Most appropriate. We'll see what we can work out. Any other announcements? Commander Weathers. Thank you, Mayor, Council. I'm here. Commander Weathers is here on behalf of the Division of Police. I'm requesting approval of an agreement of conformity and release with regards to Officer Nathan B. Nally and the recommendation made by the Chief of Police. On December 15, 2009, a formal complaint was made against Officer Nally by Commander Robert Stack alleging a violation of General Order 73-2H Section 1.35 that is violating any rules of the Division. This is in reference to our General Order pertaining to the operation and maintenance of home fleet vehicles. Officer Nally's conduct was determined to be improper with respect to this complaint. Officer Nally met with the Police Chief Ronnie Bastin. Chief Bastin recommended disciplinary action of a 10-hour suspension without pay and 60-day loss of home fleet privilege. Officer Nally accepted the Chief's recommendation and signed the agreement of conformity and release. Commissioner Bennett of the Department of Public Safety approved this recommendation. I have a motion by Council Member McCord and a second by Council Member Gordon to approve the recommended discipline. Any discussion? All in favor, please say aye. Opposed, no. The motion carries. Any further announcements? We have three individuals who have indicated a desire to speak this evening as a part of our public comments section. The first is Mr. Tucker. If you'd step to the podium, you'll have three minutes. Thank you, sir. I've been coming down here and complaining and the question I had tonight was there's an article on page 3, section 8 of Zone Change that was up for change this week and I've been down and spoke out and I'm an objector because I'm being flooded by actions taken by development around me. And I've contacted several people in the city about what's happening out in our area and I'm not getting no response. And I've left several messages for Ms. Taylor and Mr. Morton and several and I've talked to Mr. Bennett about storm water issues we're having out on Charlottesville Road. So tonight, for the record, I brought a few pictures so it would be for the record for you all to see what we're dealing with. And this incident actually happened on September the 26th of 2009. The pictures were taken between 9.20 and 9.35 a.m. We went and had them developed immediately. So I'd like to put them on the screen so you all can deal and maybe get somebody out here to help us to fight this water situation off. And I'll just give a brief description of the pictures. They're here at Charlottesville Road at the bridge where the water, which I'm downstream from it. And I just kind of want you to see what's going on, what we're dealing with and how much we're dealing with. And we have safety concerns. We're being flooded. This is funny. This is kind of one of the pictures that stands out of all times. This is the Charlottesville Road bridge before it gets to my property. The funny part about this is the applicant for this zone change is the gentleman in the truck. So we get a little laugh about that. That's 200 feet of Charlottesville Road is under a foot and a half of water. This is not the peak flow of this stream according to the gauging station. This is two hours after. This has been going on now for four years. This is a picture of my farm from the farm looking back at Ridgeview Way Drive. This is not a once a time occurrence. This has been going on for four or five years now and it's getting worse. This is a picture of the actual bridge of it coming through the slats on the bridge. This is an actual picture upstream looking down from Steel Meadows into the road. There's a picture of the Steel Meadows sign, the entrance sign upstream from it. This is what it looks like when it crosses the street. I've been holding all these pictures because I thought that it was only fair that you all get to see a full bird's eye view of what we're dealing with. Here's the trucks actually in it. At what point does it become a public safety problem? Is that it? Okay. Well, thank you for your time and I'm glad you took a few minutes to look at what we're dealing with. Yes, we have concerns. I'm going to get more water from this development that's in the process and more to come. I'm not here against development, but I think that somebody needs to start paying attention to safety before somebody drowns. Next on the list is Mr. McCarthy. Your Honor and members of the Council, several things come to mind this evening. First off, when you're making the next budget, please don't try to shortchange the library system by appropriating less than what state law says you have to. They've already sued this government once before in the 35 or so years that I've been watching this government. I would hate to see more scarce dollars wasted on more lawyer fees and litigation. Second, I wish to thank Mr. Martin for his no vote on Resolution 8. I do think that we need to be expanding our streets and repairing some of them, not waste money on scaping them, whatever that's supposed to mean. And aside from the monetary issue of wastefulness, if you dig up a street needlessly, if you dig up the existing pavement when you close it, you're going to lose money. And aside from the monetary issue of wastefulness, if you dig up a street needlessly, if you dig up the existing pavement when you close it, you're going to lose money. That tends to needlessly disrupt traffic longer than necessary. And this bugs me not just when you guys do it, it bugs me when my bosses in state government do it like they did to the interstate a few years back, digging out the concrete and putting back blacktop. It bugs me when other states do it. And at least two other states to the south of here put me through some needless traffic jams over the past month. And I would really prefer to see better efficiency. And I happen to think that old pavement is actually a better foundation for the new than some of the stuff that money is being spent on. Thank you, Mr. McCarthy. The last person who has indicated a desire to speak this evening is Joanne Filkins. She must have left earlier this evening. Does anyone else wish to address the Council? Seeing none, a motion to adjourn would be in order. I have a motion by Councilmember Crosby, second by Councilmember Blues. All in favor of adjourning, please say go cats. All opposed? Motion carries.