# Urban County Council Meeting - October 25, 2012 > Auto-transcribed civic record · October 25, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2742 - **Source video**: https://lfucg.granicus.com/player/clip/2742?view_id=14&redirect=true - **Date**: 2012-10-25 - **Last revised**: October 25, 2012 - **Length**: 16,509 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on October 25, 2012, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Jim Gray presiding. The meeting included two informational agenda items: a presentation by Harry Sykes and a presentation on the 21c Hotel Development Plan. During the session, the Council took two motions to a vote and heard one public comment. The meeting focused primarily on receiving information and updates rather than taking formal action on legislation or policy matters. ## Attendance The following individuals were present at the meeting on October 25, 2012: * Mayor Jim Gray * Beard * Blues * Crosbie * Ellinger * Farmer * Ford * Gorton * Henson * Kay * Lane * Lawless * Martin * McChord * Myers * Stinnett No absences or late arrivals were recorded. ## Votes and Decisions **Ordinance 1045-12** An Ordinance amending Article 17 of the Zoning Ordinance to transfer enforcement of Article 17 Sign Regulations requirements from the Division of Building Inspection to the Division of Planning was voted on by roll call. The motion was made by Lane and seconded by Gorton. The ordinance passed with 13 ayes and 0 nays. The following members voted in favor: Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, McChord, Myers, and Stinnett. **Resolution 1043-12** A Resolution accepting the bids of Power Train of Ky.; Carquest of Lexington; I.B. Moore Co.; J&B Enterprises, Inc; B.W. Rogers Co. (Fluid Power Products Division); and G&R Industrial Supply, establishing price contracts for hydraulic hose fittings was voted on by roll call. The motion was made by Gorton and seconded by Lawless. The resolution passed with 12 ayes and 0 nays. The following members voted in favor: Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and Stinnett. ## Budget and Financial Actions The meeting approved three contracts for water and wastewater infrastructure improvements and equipment: **Town Branch and West Hickman Waste Water Treatment Plant Improvements** Resolution 1054-12 authorized a contract with Smith Contractors, Inc. for $13,442,723 to fund electrical, SCADA, blower/aeration, and pump station improvements at the Town Branch and West Hickman Waste Water Treatment Plants. **Town Branch Sludge Conveyor Replacement** Resolution 1057-12 approved a contract with NAC Heavy Highway, Inc. for $433,000 to replace the dewatered sludge conveyor at the Town Branch Waste Water Treatment Plant. **Water Quality Testing Equipment** Resolution 1061-12 authorized a contract with Metrohm USA, Inc. for $33,077.50 to purchase an automated water quality testing titrator system. ## Public Comment Robin Osgood addressed the meeting regarding traffic enforcement practices [timestamp: 2:01:28]. Osgood expressed concerns about the police department's practice of announcing targeted traffic enforcement operations in advance. According to Osgood, these announcements undermine the effectiveness of enforcement efforts by alerting potential violators to the timing and location of enforcement activities, thereby reducing the deterrent impact of such operations. ## Appointments Joseph Smith was appointed to the Board of Adjustment. ## Contested Items **21c Hotel Development Plan** Community members raised concerns about the proposed 21c Hotel Development Plan, specifically regarding the use of Community Development Block Grant (CDBG) funds for the project. The primary point of contention centered on the potential impact this allocation would have on affordable housing funding. Some community members expressed worry that directing CDBG resources toward the hotel development could reduce the availability of funds for affordable housing initiatives. ## Harry Sykes Presentation The Council recognized Harry Sykes for his contributions to the community during this agenda item [timestamp: 00:03:30]. Mayor Jim Gray, Tom Blues, and Chris Ford were the key speakers during the presentation. The Council declared October 25, 2012, as Harry Sykes Day in Lexington in recognition of Sykes' community service and contributions. This was an informational item with no formal debate or concerns raised during the discussion. ## 21c Hotel Development Plan A public hearing was held regarding the 21c Hotel Development Plan (Agenda Item 1140-12) [timestamp: 00:25:21]. The hearing was informational in nature. **Key Speakers** The discussion included remarks from Knox Van Nagell and Jim Browder. **Community Input** Several community members spoke in support of the project during the public hearing. **Outcome** The agenda item was presented for informational purposes. --- ## Decisions - **Ordinance 1045-12** — passed (13-0): An Ordinance amending Article 17 of the Zoning Ordinance to transfer enforcement of Article 17 Sign Regulations requirements from the Div. of Building Inspection to the Div. of Planning. - **Resolution 1043-12** — passed (12-0): A Resolution accepting the bids of Power Train of Ky.; Carquest of Lexington; I.B. Moore Co.; J&B Enterprises, Inc; B.W. Rogers Co. (Fluid Power Products Division); and G&R Industrial Supply, establishing price contracts for hydraulic hose fittings. --- ## Full transcript Greetings, greetings, everyone, and welcome to the Council meeting. Thank you all for being here. We have a lot on our agenda tonight, but we have a protocol and we have rules and so forth that we must follow, and those protocols, in fact, some who are here in this room have been here before a little while ago, and they know. Joe Graves, Tom Underwood, Robert Jefferson, George Brown, thank you all for being here. And then first on our... First things first is our roll call. Madam Clerk, will you please call the roll? Mr. Beard? Present. Mr. Blues? Ms. Crosby? Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Myers. Here. And Mr. Stennett. Here. Thank you. Thank you, Madam Clerk. Next on our agenda is the invocation, and it is so appropriate tonight that the Reverend Dr. Tom Peoples from Historic Pleasant Green Missionary Baptist Church is here with us tonight and will offer our invocation. Reverend Peoples, thank you, sir. Let us pray. O thou who art eternal, we thank you for life, and we thank you for the opportunity to share one with another. We pray thy richest blessings on our mayor and the council, and we thank you for those who come to witness the contributions of Harry Sykes. His church is here, his friends are here His mark is here And we say thanks Might his movements inspire others across racial lines To do what they can for the betterment of mankind We believe in the sacredness of personality So help us today. It is in his name we pray. Amen. Thank you so much, Reverend Peoples. And now I would like to ask Council Member Tom Blues and Council Member Chris Ford to please join me at the podium. Thank you. Welcome to everyone here tonight. This is a celebration and a recognition a long time in the making. Our welcome is to the family and friends of Mr. Harry Sykes, and especially to Ms. Geraldine Sykes, his wife, to Mr. Sykes' children, his sons and daughters, and the whole family. In the 58 years that Harry Sykes has lived in Lexington, he has done so much, as Reverend Peoples just said, to fill his history book and our history book. We are so thankful for his accomplishments because they have made our city a much better place. I see Tom Underwood shaking his head. I see Joe Graves shaking his head. Robert Jefferson earlier tonight said to me, Don't forget Joe Graves. He said Joe Graves served on the city council in 1963 when Harry Sykes was elected and was part of the council delegation that voted him as our vice mayor. We are thankful for all of your contributions. Harry Sykes began teaching us the importance of a welcoming city and an open city and a diverse city a long time ago, the Civil Rights Movement. And then in 1963, when he became Lexington's first African-American city commissioner, And he's been doing it, as Reverend People said, ever since. So Mrs. Sykes, even though he couldn't be with us tonight, and he's doing okay, as Reverend People said, please convey our thanks to your husband for his remarkable leadership, for often going against the grain, for fighting the fights that others may not have wanted to. To make this city a better place. We sure wish he was here tonight, and we wish all the best for him. Now, I'm going to introduce Councilmember Tom Blues and then Councilmember Chris Ford. Councilmember Blues. Thank you, Mayor. it's truly appropriate that we celebrate the life and accomplishments of Harry Sykes who came to Kentucky to go to college and who played basketball at college and also got an education so that when he played professional basketball and had a career with the Harlem Globetrotters he became a teacher of mathematics at the old Dunbar High School. And then he became a city official. And as the mayor said, he served as the first African-American mayor pro-tem, was commissioner for eight years, served in a number of offices in the administration, and continued to serve his city through the difficult period of the civil rights struggles, helping Lexington to get through that crisis as a better city. And so Harry Sykes proved that there is really productive life after basketball. There's education. There is profession. There is civic service. It's a life not only to be celebrated, but lionized, and we are so happy to have that opportunity tonight. Thanks to his family, to his friends, to all of his relatives for being here and making this truly a vibrant and memorable celebration. Thank you, Mayor. Thank you, Council Member. You know that's a professor talking when he celebrates that education part after the Globetrotters. Council Member Blues, I have to confess, Council Member Blues' idea to do this inappropriately, And right along with him, Council Member Ford is serving today in the district that Mr. Sykes once served. And he's the first to say that, as Robert Jefferson has said, as George Brown and others have said, that we walk on the shoulders of giants. And Chris Ford is here tonight with his thanks. Council Member Ford. Thank you. To Mayor, to Vice Mayor, to Councilman Blues, fellow council members, the friends gathered, guests, and particularly the family of Mr. Harry Sykes, I say welcome and thanks for the opportunity to allow me just a few words. It's truly an honor to be in the presence and the company of so many people who consider Mr. Harry Sykes a living legend and a community icon. The accomplishments of Mr. Sykes often are too many to name. we know that history will always reflect that he was the first African American elected to the Lexington City Commission in 1963. But nearly 50 years later, after countless accolades, awards, and recognition, and many of those continue to come forth, it's simply and easy to say that Mr. Harry Sykes is truly one of our city's elder statesmen, and definitely a first-class Lexingtonian. To Mrs. Sykes, to the family members and the church family that are present, we know that Mr. Sykes didn't do it alone. He couldn't have done it alone. And it's evident of the blessing and support that the family and friends have lent to his leadership in our community. Anyone who has pursued the role of an elected or an appointed official, council members, we know this to be true, knows that we don't take a convenient route. It's a route that's filled with sacrifice, dedication, but at the end of the day it yields many rewards. And I know that the family shares great pride and admiration of the good work that Mr. Sykes has done in our community. So we appreciate you being here today and many of the folks who filled this chamber to be here today, still following the leadership of Harry Sykes. And we want you to know that we care so very much for Harry Sykes. He has helped make Lexington a much, much better place to call home. Congratulations and thank you. Next, I'm going to actually present this commemoration, this plaque, to the family. And many of you all know that the whole family is here. and Kevin gave me the authority on behalf of the family to ask daughter Paula, and refers to as Princess Paula, to please come forward, Paula, and accept this commemoration honoring Harry Sykes for our city. Thank you. listen to the family. All right thank you so very much mayor and to the council Lexington urban city council to Tom Blues and to the current councilman for the district Chris Ford on behalf of my family we thank you absolutely from the bottom of our hearts for allowing this recognition to take place for my father our father. My dad, as has been said, could not be here. And I think anybody that knows him knows that if he could have been here, he would have. And he would be excited. He would be humbled. He would be honored. He would just be, I could continue to go on, but I have three minutes to talk. So I'm going to stay to that. But in all seriousness, truly, it is an honor to accept this on behalf of Daddy. And anybody that has spent any time with my father over the years, and we talked about the background of he and my mom, But he came to this state, and he fell in love with a woman from this state very early on. And then he fell in love with this city as he continued to love her, and then he chose to serve and to do everything that he could to make this city better. and I do not in any way want to ever diminish my father's civil rights accomplishments because they were many. And I grew up with the stories of him telling us the things that he had done or that happened that he and my mother were involved in. But he also worked to make Lexington a better place for everybody. and so based on that I say again thank you it's not just an honor for the service that he's given to us as African Americans but it is also an honor for what he has done as has been said for this city so as I close I know if my father were here and if he had the opportunity to say something, he would make a challenge or he would use this opportunity as a challenge for everybody else to do whatever you can to make Lexington a better city, a better place for everybody that resides and can call themselves a Lexingtonian. I always thought that was a pretty long word. But in any case, he would. He would challenge you that because even to this day, as he is currently ill, up until he could not do anything more, and I'm still not counting him out on coming back to do more, he would do whatever he could for the city. So that is his challenge and is my challenge to each and every one of you. And again, I thank you so very much from the bottom of my heart, from the bottom of my mother's heart, from my brothers, my cousins, my aunts, everyone, my friends, our church family, and all of you. I just thank you so much for this award, this honor that you have given my father at this time. Thank you again. Thank you. Thank you so much. And it allows me, as Tom Blue said, Mayor, read the last paragraph. The last paragraph says, So now, therefore, I, Jim Gray, as mayor of the Lexington-Fayette Urban County Government, on behalf of all Fayette Countians, commemorate and celebrate the many accomplishments of Mr. Harry Sykes for all our community, for making it a better place, and declare this the 25th day of October, 2012, Harry Sykes Day in Lexington. We'd love to get a photograph. All the council members and the family, if you all will please Please come up right here in the front. Be great. Thank you. All right. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. As the people leaves the room, I can share with you all that he was telling us that Mr. Sykes wrote him his first paycheck at the Urban League when he was chairman of the Urban League. All right. Well, that was a wonderful celebration. Thank you all. Next on our agenda is a confirmation hearing. and in order to initiate the confirmation hearing, I will ask for a motion to recess and enter into a confirmation hearing. Vice Mayor Gordon. Thank you, Mayor. I move that the Council meeting be recessed for the purpose of convening the Committee of the Whole to conduct a confirmation hearing for the Board of Adjustment nominee. Second. There's a motion by Vice Mayor Gordon, second by Council Member Kaye. Is there any discussion on the motion? All right. Hearing none, then we can take a voice vote. All in favor, please indicate by saying aye. Opposed, no. The motion carries. So this meeting stands recessed until the completion of the confirmation hearing, and the confirmation hearing will be changed. Yes, thank you, Vice Mayor. I move that we adjourn closed session. Committee of the Whole, excuse me, move to adjourn the meeting of the Committee of the Whole. Second. Thank you. All those in favor, please say aye. Aye. Anyone opposed? That confirmation hearing is adjourned. All right. Thank you, Vice Mayor. Congratulations, Joe. Thank you, sir. All right. Okay, great. I will now call the council meeting back to order and call on Council Member Doug Martin. Thank you, Mayor. I just want to take a brief opportunity to welcome Ralph Bright. He is a Cub Scout from PAC-40. And those include students from Stonewall and Wellington Schools. And he's here to learn about city government. And I understand he met the mayor, and he's very proud of his new pin. And so, Ralph from the council, welcome. And thanks for coming down to see us at City Council. All right. Thank you, Council Member Martin. When the closed session was underway and I was outside, I got to say hello again to Ralph, and I said, so, Ralph, what do you think about it? And he said, awesome. We appreciate that, Ralph. And thanks to his mother, Melissa. Thank you. All right. Next on our agenda, we have actually two public hearings tonight. Both are related to the 21C project. The first is for the 21C Hotel Development Plan, and the second is for a substantial amendment to the action plan required to submit an application to HUD under the Section 108 program, which is in conjunction with resolution which is related to Resolution No. 43. I would ask that we hold the Section 108 loan public hearing immediately following the development plan public hearing, if that is okay with the Council, because these are both for the same project. Unless there is objection, thank you so much. Then the first public hearing tonight is 21C Museum Hotel Local Development Plan that the Council will be voting on in November. I will declare the meeting is now open. Does anyone wish to address the Council related to this project? Some people may have signed up to speak, and fortunately, Nox Van Ogle is approaching the podium. Thank you, Mayor and Council. Thank you. It's great to be here tonight. As you all know, my name is Nox Van Ogle, and I am here on behalf of Fade Alliance. The Fayette Alliance is dedicated to promoting sustainable growth and in turn achieving a dynamic city that is balanced with and connected to our unique and productive bluegrass farmland. For these reasons, we strongly support the proposed 21C TIF project and I would like to enter our statement into the record. With substantial financial backing in place, the proposed 21C TIF is a sound investment. The public-private partnership between 21C and our local, state, and federal governments will produce a game-changing development, in the words of Councilmember Kay, in the heart of our city that will strengthen Lexington's ongoing renaissance. This is key, as a strong downtown improves our appeal to knowledge-based professionals that drive economic development. It promotes investment in dilapidated and underutilized urban properties needed to accommodate future growth. and it complements the activities of our signature ag industries and unparalleled bluegrass brand. For these reasons, we support 21C. Thank you so much for your consideration and dedication to our great community. Thank you, Ms. Van Ogle. I have Mr. Jones, Mr. Lenroy Jones, having signed up for the... Mr. Jones here. Maybe we've got this. All right. Does anyone else wish to speak on this, on the 21C? Mr. Browder. Thank you all very much for listening to us this evening, and I appreciate you hearing us. Jim, you might just introduce, yeah, okay, sorry. President of the Election Convention and Visitors Bureau. And we are extremely excited about the opportunity to have 21C join us in Lexington. The things that I really look at, I was in the hotel business for 31 years, and I've worked all over the country, every major chain, some very nice boutiques, and quite a few resorts. And at the end of the day, I have never seen anything like this. And so we'd be very proud to have it in Lexington. Some of the things that came to light were obviously to renovate and repurpose a 100-year-old building downtown. It's just a stellar opportunity for all of us. Second, it will provide unique, high-end, and memorable hotel experiences that's much needed downtown. Gratz Park does an absolutely phenomenal job. It's 44 rooms, so we could certainly use another bookend to that experience. So we're excited about having that opportunity to present as well. Third, we will end up with a world-class restaurant to complement all of the activity that's going over on Short Street in that particular area. Fourth, as a museum, it's coming as its own attraction. So this combination is extremely rare and a great opportunity. And the fifth thing and the final thing is it comes with its own press. They were written up in the New York Times. They've been written up in the Los Angeles Times. They were just recently picked as, I believe it was the number one hotel in the south by Condé Nast magazine. I think they're currently rated 21st or 22nd in the world by Condé Nast. So to have that experience here in Lexington and it bring all those additional tools to the city that we'll be able to enjoy, not only as visitors but as residents, I just think it would be a huge opportunity for all of us. So thank you very much. Thank you, Mr. Browder. If no one else wishes to address the Council, then I will declare the hearing closed, and we can move on to the second public hearing tonight, which is required to submit an application to HUD, Housing and Urban Development, under the Section 108 Loan Program. While the Council has had a chance to review the project and ask questions already, we are required to hold a public hearing for a substantial amendment to the action plan, which is required in order for our government to submit the application to HUD. Resolution number 43 relative to this public hearing will be read as it is currently placed in the agenda under first reading. So I will now declare the hearing open, and I believe we have a couple of people here regarding details of the program and the project first. Our own Irene Gooding. Irene, thank you for joining us, and Irene will give us an overview of the program. The Section 108 loan program gives the city the ability to borrow up to five times its annual CDBG allocation for a large-scale project. It gives us the ability to do a project that we would not normally have funding available for. However, it does have some risk, and it's my job to make sure you understand what those risks are. In getting the loan, the city has to pledge its current and future CDBG allocations in the event of a default on the project. The urban county government makes the loan application to HUD, where it's reviewed, underwritten, and approved. HUD goes to the private market, borrows the funds on behalf of the city. The city makes the pledge of future CDBG funds to make sure that the loan does not default. And then the city has the ability to then re-loan the funds to the developer. There is a second loan agreement between the city and the developer. It's our responsibility to monitor the developer. in the implementation of the project from construction through job creation. We monitor the job creation. And in the event of a default, and this is something that we need to discuss, in the event of a default, HUD, as any other lender would, would call the note. And at that point, if you default, it's all payable. And at that point, the city has to work out with HUD an agreement for the repayment. And the backstop is all CDBG funds that you have coming as your annual allocation. All principal and all interest is agreed upon as repayable. And if the developer does not pay the city, The city does not have any funds other than CDBG funds or its general fund dollars to pay the note. And part of compliance, and the reason this actually qualifies as a low-income project, is the creation of a particular number of jobs. This is called the public benefit standard. And the aggregate CDBG benefit is a minimum of one job per $35,000 of CDBG funds. And then we cannot spend more than $50,000 in CDBG funds for a job. And at least 51% of the jobs have to be held by persons who are low and moderate income. This is what makes the project eligible for CDBG funds. And in the event of default, and we provided you with some pages in the materials that you were given that explain what we've spent these funds on for the last several years. And in the event of a default, if we would have to use CDBG funds to repay the note, then you would have to make a policy decision on which projects you could continue to fund and which ones you could not. This is just something you need to consider. And the very last page is an important page. It describes our actual CDBG allocation. Since 2005, we were at $2.3 million, and in 2012 we were at $1.9 million. And that's an average decrease every year of 2.11%. However, recent actions by Congress kind of trigger automatic budget cuts, and this could be 7% per year. That's the Sequestration Act. And you see, you know, we've displayed for you what, in the worst-case scenario, and this is really not the worst-case scenario, the really worst-case scenario we've not presented here is that Congress would not fund the program at all, which would be a problem. And that's always possible because this program is subject to annual allocations. And then we've also indicated here what we expect the loan repayments to be on this sheet so that, you know, in the event of a default, we would need to make those payments. Do you have questions about the 108 program? Council Member Martin. Thank you. Irene, thank you very much. Is 21C organizing a new company to open this hotel? Yes, I understand. But I'm going to let someone else talk about the project. I'm just telling you the dark side. You may like me to hold my questions until later then. And the Vice Mayor was just saying, you are very good at that, Irene. We appreciate that. We can count on that, and we appreciate it. Our citizens and our city appreciate it. Our next speaker I'm showing on my agenda, the next speaker is Craig Greenberg, who is representing 21C, and I think maybe he would be appropriate for the question. Mr. Greenberg? I'll hold my question. Thank you, Council Member Martin. Good evening, Mayor, Vice Mayor, members of the City Council. It's a pleasure to be with you again today. This evening, I know we have briefly gone over some of this in the past, so I will keep my comments short. As you all recall, 21C Museum Hotel planned for Lexington, Kentucky, is a proposed $36.5 million project in the old First National Bank building on the corner of Main and Upper Streets. The project will contain 90 hotel rooms, a restaurant, a meeting and event space, and most importantly throughout all of the public space in the project will be a contemporary art museum that's free and open to the public 24 hours a day, seven days a week with rotating and curated contemporary art shows. We have one project that's currently open in Louisville since March of 2006. We are currently opening another project in Cincinnati next month and right after the first of the year we'll be opening another hotel in Bentonville, Arkansas and we're really excited about Lexington being our fourth location. We believe this project will be an extremely important economic development project for downtown Lexington and for the entire community. It will be a catalyst, we hope, for all the great things that are going on in downtown, and it will be important for the entire community in large part because of the jobs that will create permanent jobs in addition to the construction jobs during construction. We will plan to work with the Bluegrass Workforce Investment Board, Employment Solutions, Opportunity for Work and Learning, and other Lexington-based organizations to fill our jobs at 21C Museum Hotel with members of the local community, particularly focusing on job outreach, recruitment, retention, and training for low- and moderate-income individuals which will be holding these jobs. We have piloted this approach with our Cincinnati project. Over the past four to six weeks, as we've been ramping up to hire approximately 160 individuals for our Cincinnati project opening next week, we've held five job fairs in Cincinnati. We've had over 1,600 applicants for these 160 positions, working with organizations such as Cincinnati Works, Urban League, YWCA, and Cincinnati Chefs. We're ready and excited about this opportunity for Lexington, where we'll have over 150 positions and 125 full-time equivalents. We're also prepared to meet the requirements of the Section 108 loan program following our opening and through all of the compliance requirements under this program, not just as we hire positions, but throughout the duration of this program. We're very excited about it and appreciate your consideration and support for the entire project, for the entire public-private partnership that we hope to put together with the city, and in particular for the Section 108 loan application. Councilman Martin, in response to your question, the answer is yes. We have formed 21C Lexington LLC, which will be a single-purpose entity that owns the real estate, already does own a good chunk of the real estate, that this project will continue, and then that will also serve for the operations. Does anyone else wish to any other council members wish to speak? Oh, Councilman Martin. Yes, sir. Thank you, Mayor. So is the 21C parent going to guarantee the CDBG loan? The collateral for this loan is proposed to be a second mortgage on the project, second only to the central bank loan, the construction loan that we discussed at our last discussion about this last week or two. But there would not be a personal guarantee on the project. And so the individual owners and investors are not going to guarantee the CDBG funds? Correct. So we're taking basically a subordinated position behind Central Bank? Correct. Thank you. I guess if I might make a – I really like that 21C was going to be sort of financing its own TIF so that it would be repaid from the TIF. I guess I'm less enthusiastic that there's not going to be some – the same sort of standing behind the CDBG debt from the corporate – from the owners, I guess. I think that sort of leaves us, in fairness, if this project were to fail, the second mortgage would be fairly worthless, I think. And so I think we have the risk on this. Just to clarify a few points on that, the project is about $36.5 million of cost. We'll leave it to the market to determine what it's worth. But it will only be behind the $14 million central bank loan. The first is $14 million. Correct. That's a little better. There are guarantees on the $14 million, and then there's also, as we discussed during the last presentation about the entire financing, there's probably over, off the top of my head, over $20, $25 million of either equity that's coming into the project or other financing sources that are guaranteed by 21C. So even though this loan isn't directly guaranteed, it would be a very significant, giant, enormous loss to 21C as a company, the individuals behind the project, if this loan were to go into default and we were not standing behind it even without that formality of the guarantee. So with that, it's less likely that the hotel would be sold to satisfy the first loan because there's other guarantees behind that? That's correct. Okay. And sometimes our questions are interpreted as trying to put up roadblocks, but I think this is a big obligation. I just love this project. I'm an arts guy myself, and so I'm very thrilled about it. But I think it's important to ask good questions at this point. And I think that if, just on a lighter note, if for some reason it didn't work out, I think Council Member Beard would probably personally buy that. having such a connection to the building thank you so much and thanks for answering my questions thank you Mayor thank you Councilman Martin and thank you for your just parenthetically I'll say as a footnote one of the values of such a diverse representation and backgrounds on our council is we have people who with this sort of experience real estate legal experience like Councilman Martin and in doing our due diligence are quite helpful and add a lot of value. Council Member Henson. Thank you, Mayor. Just quickly, I know that the loan requires that, and Irene, I couldn't remember the percentage, low to moderate income individuals. 50%. 50%. Does that also include the construction phase? Irene, this program is getting geared towards the permanent job creation, not the construction jobs. Were you able to look at your average pay rates among other 21Cs, I guess? We did, and in Louisville, including benefits, the total average wage for our employees in 21C Louisville is just around $15 an hour. Okay. Thank you. I think it's an excellent opportunity for a lot of people in Lexington. So I appreciate you reaching out to Workforce Investment and OWL and Employment Solutions. Thank you. Thank you. All right. Council Member Ford. Thank you, Mayor. Thank you, Craig. I have just a question for Irene, please. in regards to the risk, and you've described it. Talk to me briefly again about the public benefit. How will we, I understand it's job creation. Talk to us a little bit about the ratios and the percentages. Just once again, please. The minimum is one job per $35,000. At this point, this project with $6 million, we're talking about 172 jobs, 172 full-time equivalent jobs. Okay. So it doesn't quite meet it. Now, HUD will require us to explain it, to provide an explanation. We will have to explain that to HUD, and they quite possibly would not approve $6 million unless we could show job creation at that aggregate level. This is our only, I mean, we can't join, you know, group together economic development projects because this is our only one. Right. We don't have anything to average it with. Right. And then the second, the terms of the loan, how long? And you guys have explained this prior. I'm sorry. Right. How long? They're proposing up to 20 years, which you can take a Section 108 loan up to 20 years for repayment. They're proposing the first seven years is interest only, which is consistent with their using new market tax credits. But you just know that there is risk here because the first seven years is interest only. So it still limits as your allocation goes down every year, which we believe it will go down every year. We're not sure how much, but just know that your ability to do additional 108 loans is greatly reduced. Last question I have is the risk factor. We're taking, in my opinion, quite a risk. I'm supportive of the Section 108 loan program in general, And I applaud us for being, stepping out of the box, if you will, to do this for economic development. But if the project defaults, $6 million, if it defaulted from day one, which it will not, I attest, but if it defaulted, that's basically three years of allocation for CDBG. Three years as our allocation is now. That's right. Yes. I don't know of a situation where cities were not able to work out some reasonable repayment agreement with HUD. Cities have had to repay this back from their allocations. That's been known to happen. Let me ask this question. Thank you, Irene, for your answers. And I guess Craig can help you here as well. Is there any scenario where the project did default and we reached the, in that scenario, that we would still be able to retain any resemblance of public benefit. Let me try to answer your question, and if I don't answer your question, tell me and I'll try again. Let me first clarify one thing, is that if there were a default on, as Irene mentioned in her opening remarks, HUD loans the money to the city, and then the city in turn loans the money to the project. If there were a default from the project to the city, the city could choose, say it happened in the 10th year. The city still has a loan agreement with HUD that has 10 more years of duration with fixed principal and interest payments. And so it does not mean that the city has to forego CDBG funding for, assume that it was a $2 million funding allocation level. It would not have to forego three full years with zero CDBG funding. In the absolute doomsday scenario, it could have ten years over which to deal with that obligation. So it would be a more modest hit to the allocation over a longer period of time if that's how the city chose to deal with it. Also, I think the answer to your question, which dovetails into that first part of the explanation, is that there will still be a building that $36.5 million was invested in that the city of Lexington will have a security interest in. So as long as the building is worth something more than $14 million after having $36.5 million invested, in an absolute doomsday scenario where 21C and its investors abandon the project and abandon their $20-plus million of equity and guarantees in the project, as long as it's worth something more than $14 million, the city has an asset with value that it can use to mitigate any exposure it has to HUD under the loan. So I believe that the city has protections in place with that second mortgage to deal with the issue that you were addressing. And then in terms of public benefit, We believe the primary public benefit from this project will be the creation of permanent jobs for low- and moderate-income individuals, in addition to being another catalyst for downtown revitalization. Thank you, Mayor, for allowing me to ask. It helps as we delve more into this project. I'm particularly not risk-adverse myself. I think that we stand to gain a reward, hopefully at the end of the day. In regards to Section 108, though, and Irene, I know you'll pay close attention to this as well. As we monitor this project, my particular focus will be on our compliance in regards to the public benefit of job creation. And as such, I wish this project success in order to springboard this project to allow us to utilize the Section 108 loan program to take additional risk and investment for job creation and low-to-mod benefit. Thank you, Craig. Thanks, Irene. Thank you, Mayor. Thank you, Council Member Ford. Council Member Beard. And then Council Member Myers. Thank you, Mayor. And we're talking about worst-case scenarios. And I can think of a situation where, in fact, the project was not successful. We could have a new government center. And we'd be in a situation where we've talked about a government center. We could get it for 50 cents on the dollar. and for that benefit alone, it makes a pretty good deal for us. Thank you. Thank you, Council Member Beard. Council Member Myers. Thank you, Mayor. Thank you for coming in again today and answering questions. I, like everybody else, really like this project. And for me, like I said before, the biggest question was if it did default, would it impact our annual CBG allocation? And it's not going to do that. And so I think the risk-reward is favorable, and I think that the reputation of risk that you guys have is such that you're not going to let this thing fold because it's not like you have 1,000 hotels across the country and this is just one of them that goes by the wayside. This would really impact your business if it did. And so I think this is a great application. I think it's a great project for our city, and I look forward to seeing it come to fruition. Thank you. All right. We've had Council Member Martin sign back on and Lawless and Kay. So, Council Member Martin, since you've spoken, if you'll allow Council Member Lawless, then Kay, then back to Council Member Martin. Council Member Lawless? I just want to say thank you enormously for choosing Lexington as another home for 21C. I'm very excited about the low and moderate income job creation. That's how I worked my way through school was waiting tables and tending bar. And I'm very much in favor of this, and I know that you all will have full faith. and I don't always very often have full faith that you all will be in full compliance. And to have a loan that's second to a $14 million loan on that building and the $36 million you've put into it sounds like a pretty good deal to me. So thank you so much, and I think this is raising the bar for Lexington, and will be a game changer. Thank you so much. Thank you. Council Member K. Thank you, Mayor. My take on this project is that the risk, although there is a clear risk, it's not a very large risk. We really have not much at stake given the scope of the project. But the risk is there, and I just want to clarify one thing, and that is, and this may be a question for Irene, But my understanding is that though the loan is guaranteed by UDAG money, the government is not obligated to use CDBG money in order to repay that loan. The government will be happy to take that money no matter where we get it. And the reason I ask the question and the point I want to make is that it's not just CDBG money that's at risk here. In the worst-case scenario, if we have to repay that loan, we, whoever's here at that time, as a council, will make a decision, a budgetary decision, about where to get that money. And my own take on it is that even though it's CDBG money that makes this possible, it should not be CDBG money on an ongoing basis that's most at risk. But we can't make that decision now. but I just want to see if I understand that correctly. Because I understand that as long as the city makes its annual payments, as they have agreed to do to the lender, then it's fine. If 21C does not pay the city, as long as the city somehow came up with a way to pay that loan, then that's okay. The issue would be if they did not create the jobs, we would not be in compliance. Okay. So worst case scenario, in a default, we would be on the hook for roughly $600,000 a year, plus a little bit of interest for the remaining 10 years if that's when the default occurred, and we would have to make a determination as a council about where those funds came from. Thank you. Thank you, Mayor. Thank you, Councilman McKay. Councilman Martin. Thank you, Mayor. And thank you, Irene. I appreciate it. I think that, as I see sort of the overall picture, I think there is risk. There's no doubt about that. Irene's been very good about helping to inform us about that. I think perhaps the risk might be more with Congress than with the project. But there's a risk that the CDBG funding would be decreased in future years and those types of things. but i also know that the the this this sort of trigger mechanism that if we if the project were to default because the jobs weren't there it's going to place the first mortgage in default as well if we're in default and we have the opportunity to foreclose and i can tell you that's huge incentive for them to comply with this and my guess is there would be because the guarantees and other things going on, a tremendous amount of effort to make sure that just never happens. And so, you know, I think that this is consistent with our direction in Lexington of prestige and tourism and the type of folks who are coming to Lexington all the time with the great arts things that are going on at LexArts and the new bourbon trail and the horses and everything. I think this is consistent with our brand. and I think it's consistent with the direction we've been heading and I think this will make the pie bigger and that in and of itself will create jobs and create more money to hire people in the community and so while I believe there's a risk this is a risk that I personally think we should take and I think that it is an exciting project and it is going to be something that will transform downtown and sort of pull these things together. And so in hearing how the thing is structured and how the different layers are, I think it would be an exceptional amount of angst if the CDBG funding were to fail because of all the guarantees in the first. Because, frankly, we could foreclose, and I can tell you, Central Bank is going to be interested in that. And so I think that's an enormous amount of, you know, as a deal guy and a finance guy, that's an enormous amount of incentive for this project. So thank you again, Mayor. Thank you. I appreciate it. Thank you, Council Member Martin. Council Member Lane. Thank you, Mayor. You know, I'm looking at this a little bit differently. there is some risk whenever you do anything, particularly if you're renovating a building and investing over $30 million in it. But I think we have to look at it a little bit differently. This is going to revitalize an old building in downtown that doesn't have that much economic value today. It's going to create publicity for our community. 21C has gotten a lot of favorable publicity. It will be the fourth in their chain, and I think that's very important, is going to create jobs, is going to be promoting the arts, and it will also be attracting people here who will spend money at restaurants and nightclubs and retail shopping and other business venues here. So I think we have to look at the macro overview of this impact on our community. I think it's very good, and I think that it's a risk that the council should improve. Thank you. Thank you, Councillor Lane. All right. Does anyone from the audience wish to speak? Yes, sir. Come right ahead. Rick. Thank you. Thank you, Mayor. Thank you, Council. I'm Rick Christmas. I live at 2400 Woods Lane. I'm also the CEO of Employment Solutions. with regard to the concern about the creation of significant numbers or adequate numbers of jobs for low- and moderate-income people. I want to give you some assurance on that. The fact that they've reached out to our organization, to OWL, to the Area Development District, I think is an indication of their sincerity about this. I'm very excited about partnering with 21C. Our organization, as Councilperson Henson knows, we serve exclusively, I guess, low and moderate income people. Many of them have disabilities. We work with persons with disabilities for over 30 years, so there's a lot of permanent jobs that will be available for people with disabilities. We're also positioned, I think, to one of our divisions is the College for Technical Education. Some of our programs we provide at the College for Technical Education include Culinary Arts, which of course has a great application to 21C, Building Trades Technician, another program that had great application in terms of maintenance personnel that we could provide. Our Business Office Administration Program could easily provide all the folks at the front desk in the back office operations and payables, receivables. So our organization, for one, could be a large source of low- and moderate-income people, both skilled and unskilled. I just want to say as an aside, in terms of the financial risk, I've seen statistics where the customer satisfaction of 14 C hotels is higher than that of the Ritz-Carlton, which sounds amazing, but having spent a couple years ago an evening at a 21C and just having also attended a wedding reception at the 21C in Louisville, that's a spectacular facility. And I really believe that it will be financially successful, that that's something we don't need to be worried about, and it will be a catalyst, and it will create, I think, a lot of interest in convention and conferences in Lexington because of its presence. So I sense that everyone here feels the same way, and thank you for letting me speak. Thank you, Mr. Chrisman. Does anyone else wish to speak? Mr. Clark. Mayor Gray, Vice Mayor Gordon, Council Members, I'm Jim Clark, President and CEO of LexArts, and it's my pleasure to speak on behalf of the 21C Museum Hotel because I think it will add significantly to the cultural scene that Council Member Martin alluded to of the dynamic growth that we've had in the past few years. I think this is a tremendous opportunity for our local artists to gain exposure, which they already have at 21C Louisville. Several of our local artists have been picked for shows there and have gone on to show elsewhere. So the combination of the international high-standard curatorial work of the museum will redound to our credit by the inclusion of our local artists. This will also inspire people to think about other kinds of museums that we might have here because activities like this will encourage other cultural activities. And I think that is why it is a game changer and it comes right at a perfect time because we've had such interesting and dynamic growth. If you drive up Limestone, you're seeing what can happen at the grassroots level and on Jefferson Street, the combination of arts and entrepreneurism. So I think there is a catalyst here that this project confirms that our growth is not just a local phenomenon. It's regional and national and will draw national attention. So that is why we at LexArts firmly support this project. Thank you. Thank you, Mr. Clark. Daryl, yes, sir. Greetings. Mayor of Council, Darrell Smith, One Quality Street. Great to be here tonight in support of the project as chair of the Bluegrass Workforce Investment Board. I know several of you on Council have been looking for a great project with a huge commitment to low-income individuals. We will bring the full resources of the Bluegrass Workforce Investment Board in outreach, screening. We will have resources to enable those individuals to skill up in their training. We've already met several times with staff, and we have three staff here tonight from the Workforce Board, and understand that they believe in promoting from within, so not only will these individuals get jobs, but they will have an opportunity to have a career ladder within the organization. So we're just here to pledge our support and the resources, and in particular look forward to working with many of you with a passion for low-income people. Thank you. Thank you, Daryl Smith. Thank you, sir. Mr. Tyler? Mayor, Council, thank you all for allowing us to be here. I just want to say I'm Tyler Campbell. I'm with Commerce Lexington, Inc., and on behalf of our President and CEO, Bob Quick, who could not be here tonight, I just wanted to take the opportunity to come down and express Commerce Lexington's continued support for the 21 Museum Hotel here in Lexington. As you all are well aware, Commerce Lexington's mission is to create an environment and opportunity for economic prosperity throughout Lexington, and we believe the development of a 21C Museum Hotel is a one-of-a-kind opportunity for downtown Lexington that's going to benefit businesses and visitors throughout the community. And right now, of course, the opportunity to create 125 permanent, full-time equivalent jobs here in Lexington, everybody talks about the mantra right now at this time in our country is jobs, and jobs, jobs, jobs. And I think that this project represents a great opportunity for downtown Lexington. And so we believe that this is an important economic development project that's just going to simply increase the vitality of downtown Lexington. And since I've got about a minute and 50 seconds left, I will say on a personal note, as a 30-year-old young professional that frequents Lexington a lot, you all have got some great and dynamic things happening in downtown Lexington. And I want to say Lexington is just a cool place to be in downtown, especially if you come down on a Thursday night. It is a fun, vibrant community, and we believe, and I personally believe that 21C is just going to add to the fabric of that community. Thank you. Tyler, thank you, sir. If there's any, Mr. David Christensen. Yes, David. Yes, sir. Hi. I'm David Christensen, 4844 Brennan Drive here in Lexington, and I also work with the Central Kentucky Housing and Homeless Initiative, as you well know. And my prejudice is for affordable housing. One thing that is not a risk but a guarantee is that when we tie up any of the Section 108 program for anything, then it's not available for something else. So we can guarantee that we could not do much of this kind of a loan program and target it to affordable housing, which I personally think would have a much greater impact on low- and moderate-income folks than the project, as lovely as it sounds. So I do have concerns about the $6 million. I share Councilman Kay's belief and value that under no circumstances should CDBG monies be lost to pay off this loan. It would be nice should it go into default, which seems unlikely, But should that happen, I really think it would be an unfortunate loss to our community's low and moderate income folks that we suck up CDBG money for years and years to come. And it could be quite a few years if stuff continues to happen at the congressional level that has been happening. So it would be nice, and I know this is going to be 10 years from now and who's going to be sitting in all those chairs. but it would be nice if the council could at least state its intent and desire now that should something like this happen, that you want CDBG funding streamed to be protected. And I don't know whether that amounts to a Hello Beans. The last thing I want to say is that I'm told that we haven't had any kind of a predictive feasibility study on this project to promise to us, or at least to heighten our protections, that it won't fail. It seems to me that that would be nice to have somebody come back and look at this thing and say, boy, this thing has got a 98% chance of success. I don't know whether that is even possible at this stage, but that would be nice. Thank you very much. Thank you, Mr. Christian. Thank you, sir. I don't have any. Mr. Fugate. Hi, Jeff Fugate, President of the Downtown Development Authority. If it would please the Council and the Mayor, just to respond to David's last point there, there will be a couple more bites at this. One thing to keep in mind is that there is no loan until there is a loan agreement, and that would happen at closing. And so that comes sort of when everybody throws their money into the same pile, and we get all closed at the same time, so everybody knows that their money is all going in at the same time. So to David's point, there are two more key underwriting pieces that we will review before we get to that. One is a feasibility study, as was asked for, which is looking at what is the basically predictive look at occupancy, revenue. The state is actually doing that very study right now, and we'll piggyback off of that and have a much finer-grained look at the potential revenues. The second one will be an as-built appraisal, which starts to get at that very question that was talked about earlier, which is that once you put $36.5 million into a building, what is it then worth? And so we'll have that document as well, third-party independent appraisal, that will give us an estimated as-built appraisal value of the building, which should help alleviate some of those concerns about is it more than $20 million. So those are the two points I wanted to just add to the mix. Thank you, Jeff. All right. I don't have anyone else signed up to speak. I do want to quickly recognize while the council was in closed session, I also had the chance to see someone I hadn't seen in some time, Roger Leonard. Roger is with the Department of Housing and Urban Development, otherwise known as HUD, the Louisville office, and it's my understanding that Roger has been observing and has participated as a part of this process, and so it's certainly gratifying to see your interest and your presence here tonight. Roger, thanks so much. All the way from Louisville. Thank you, sir. If no one else wishes to address the Council, then I will declare the hearing closed and thank all of you who have participated. Thank you very much. The Council will now move into its routine business for the evening, which begins with more routine business, which begins with the second reading of our ordinances. And I will ask our clerk, Susan Lamb, to please give us our second readings. Thank you, ma'am. Gladly. Ordinance number one, an ordinance amending Article 17 of the zoning ordinance to transfer enforcement of Article 17 signed regulations requirements from the Division of Building Inspection to the Division of Planning. Number two, an ordinance approving and adopting revised regulations of the procurement of personal professional services on behalf of the urban county government through its Division of Central Purchasing. Number three, an ordinance relating to sanitary sewers pretreatment and amending Section 16-1C51 of the Code of Ordinances defining significant violation by referencing 40 CFR 403.3.1, increasing the time limit to 45 days for required reports and providing that violation of best management practices may be significant violation. amending Section 16-1C52 to redefine the term slug to any discharge which has reasonable potential to cause interference or pass-through or violates local limits or permit conditions. Amending Section 16-45F to require that wastewater monitoring and flow measurement facilities be properly operated and properly operated, and provide that failure to do so shall not allow the user to claim unrepresentative sampling. Amending Section 16-46A6 to require significant industrial users to notify the Division of Water Quality of any changes to its facility affecting potential for a slug discharge and increasing slug control plan requirements. Amending Section 16-46G to require semi-annual reporting to water quality and include reporting of data necessary to ensure compliance with the applicable permit, creating Section 16-46H of the Code of Ordinances to require permit holders to maintain and make available for inspection records of required monitoring information and any additional records of monitoring associated with best management practices established by the urban county government, specifying the contents of such records and requiring them to be maintained for at least three years, which shall be extended during any related litigation or as required by the Director of Water Quality, creating Section 16-46.2 of the Code of Ordinances to provide that sampling done to comply with sampling requirements in Section 16-44, 16-44.1, 16-45, and 16-46 must be representative of conditions occurring during the reporting period in specifying sampling techniques which must be followed. Number four, an ordinance submitting section 21-39D of the Code of Ordinances relating to disability leave to remove the restriction on second employment while an employee is on disability leave. Number five, an ordinance submitting section 21-52 of the Code of Ordinances abolishing two positions of equipment operator senior grade 109N and creating one position of program manager senior grade 120E in the Division of Waste Management, appropriating funds pursuant to Schedule No. 16. No. 6, an ordinance submitting Section 21-5-2 of the Code of Ordinances is creating one position of Fleet Systems Manager, Grade 116-E, in the Division of Facilities and Fleet Management, effective upon passage of Council. No. 7, an ordinance submitting Section 21-5-2 of the Code of Ordinances is abolishing three positions of Public Service Worker, Grade 106-N, one position of Equipment Iberor Senior, Grade 109-N, and one position of Public Service Supervisor, Grade 111N, and creating two positions of Administrative Specialist, Grade 110N, and two positions of Public Service Supervisor, Senior, Grade 114E, in the Division of Waste Management, appropriating funds pursuant to Schedule No. 17, effective upon passage of counsel. No. 8, an ordinance submitting Section 2252 of the Code of Ordinances, creating one position of Juvenile Surveillance Probation Officer, Grade 112N, in the Division of Youth Services, effective upon passage of counsel. and number nine, an ordinance amending certain of the budgets of the Lexington-Fadon County Government to reflect current requirement for municipal expenditures in appropriating and reappropriating funds, Schedule number 15. All right. Thank you, Madam Clerk. Is there a motion to approve? Second. Second. Motion by Council Member Lane. Second by Vice Mayor Gordon. Is there any discussion on the motion? Any discussion on the motion? Hearing none, we can take a roll call vote. Madam Clerk, please call the roll. Mr. McCord Mr. Myers and Mr. Stinnett thank you the vote reflects passage on the motion and that allows us to move on to the first reading of ordinances Madam Clerk when you are ready ordinance number 10 an ordinance changing An ordinance change in the zone from a neighborhood business B1 zone to a highway service business B3 zone for 2.589 net, 3.030 gross acres for property located at 1949 Nicholasville Road and 145 Collins Lane, Greer, Nick Road, LLC, and Greer, Nick Road 2, LLC, Council District 3. Number 11, an ordinance amending Article 1 and Article 8 of the zoning ordinance to amend the definition of banquet facilities to delete the requirement that the use must take place within a building currently or formerly used as a residence. Number 12, an ordinance submitting Article 6 of the zoning ordinance to increase the notification requirements for a zone map amendment request, a.k.a. zone change application for properties a distance of 500 feet from the subject property. Number 13. right of way. Number 14, an ordinance amending Section 2252 of the Code of Ordinances abolishing one position of Program Manager Senior Grade 120E and creating one position of Construction Manager Grade 122E in the Department of Environmental Quality and Public Works, appropriating funds pursuant to Schedule Number 19, effective upon passage of Council. All right. Thank you. I believe Council Member Lawless has a motion. Council Member Lawless? I move to remove item number 15 under first reading of ordinances related to towing from the docket and to place the subject in the Public Safety Committee. Second. It's a motion by Council Member Lawless, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk. You may continue when you are ready. Number 16, an ordinance of the Council of the Lexington-Fade Urban County Government authorizing and approving the execution and delivery of a third supplemental lease agreement between the Lexington-Fade Urban County Airport Board as the lessor and the Lexington-Fade Urban County Government as the leasee. relating to the reissuance of an amount not to exceed $8 million in aggregate principal amount of Lexington-Fayette Urban County Airport Board variable rate general airport revenue refunding bonds 2009 Series B, Lexington-Fayette Urban County Government general obligations non-AMT, all for the purpose of currently refunding all of the board outstanding $16,420,000 variable rate general airport revenue refunding bonds 2009 series B Lexington Fayette urban County government general obligations non AMT at the Bluegrass Airport in Fayette County Kentucky number 17 an ordinance vending section 225 two of the code of ordinances abolishing one position of council administrative specialist grade 115 and creating one position of council staff specialist grade 109 and in the council office of appropriating funds pursuing to Schedule No. 20, effective upon passage of Council. No. 18, an ordinance amending certain of the budgets of the Lexington-Fayette-Irban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds. Schedule No. 18. No. 19, an ordinance amending Section 2-465 of the Code of Ordinances of the Lexington-Fayette-Irban County Government related to the corridors commissioned to add a non-voting member from the Office of the Commissioner of Planning, Preservation, and Development. And number 20, an ordinance creating Section 14-105 of the Code of Ordinances, Lexington-Phailoram County Government pertaining to civil enforcement of littering violations and providing for classifying the offense of littering prescribed by KRS 512.070, subsection 1, as a civil offense pursuant to KRS 512.0704, and authorizing issuance of civil citations for littering, designating the Environmental Hearing Board as the Code Enforcement Board, having authority to determine whether a violation has occurred, establishing administrative procedures to contest citations, fixing civil penalties for littering violations in the following amounts, $50 first offense uncontested, $75 first offense contested, $200 second offense uncontested, $300 second offense contested, $500 third or subsequent offense uncontested, and $750 third or subsequent offense contested. Designating use of penalty amounts received as following, 75% to keep Lexington beautiful for litter, education, and abatement, and 25% to the issuing division or agency authorizing liens and imposing personal liability for civil penalties and cost of enforcement. amending subsections 14-10 F4 and 14-10 F9 of the Code of Ordinances to designate citation officers to enforce this ordinance, and amending section 16-76 of the Code of Ordinances to authorize Environmental Hearing Board to hear matters relating to enforcement of this ordinance, all effective on January 1, 2013. Thank you. All right. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions of the rules for second reading? No. All right. then we can move on. There are none. We can move on to second reading of resolutions. Madam Clerk, when you're ready. Resolution number one, a resolution accepting the bids of Powertrain of Kentucky, CarQuest of Lexington, I.B. Moore Company, J&B Enterprises Incorporated, B.W. Rogers Company, Fluid Power Products Division, and G&R Industrial Supply Establishing Price Contracts for Hydraulic Hose Fittings for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bid of Smith Contractors Incorporated in the amount of $13,442,723 for the town branch in West Hickman Waste Water Treatment Plant Electrical SCADA Blower Aeration and Pump Station Improvements for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Smith Contractors Incorporated related to the bids. Number four, a resolution accepting the bid of NAC Heavy Highway Incorporated in the amount of $433,000 for the town branch wastewater treatment plant dewatered sludge conveyor replacement for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with NAC Heavy Highway Incorporated related to the bid. Number five, a resolution accepting the bid of Metro Home USA Incorporated in the amount of $33,077.50 for automated water quality testing titrator system for the Division of Water Quality. Number six, a resolution accepting the bid of Guarantee Pest Control Incorporated establishing a price contract for pest control services. Number seven, a resolution accepting the bid of Wayne Supply Incorporated in the amount of $109,347.92 for thermally insulated weather enclosure for backup generators for the Division of Water Quality. Number 8. 113 N, 19.152 hourly in the Division of Building Inspection, effective October 8, 2012. Ratifying the Permanent Civil Service Appointments of William Evans, Equipment Operator Senior, Grade 109 N, in the Division of Waste Management, effective September 11, 2012. Samuel Fuchsia, Vehicle and Equipment Technician, Grade 113 N, in the Division of Facilities and Fleet Management, effective October 2, 2012. And Sharika Parker, Child Care Program 8, Grade 107 N, in the Division of Family Services, effective October 2, 2012. 9. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a contract with Humana for City Employees Pension Fund for the period of January 1, 2013 through December 31, 2013. 10. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a contract with Humana for Police and Fire Retirees Senior Health Plan for the period of January 1, 2013 through December 31, 2013. Number 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a services agreement with the Ecolab Pest Services for Pest Elimination Services for the Division of Community Corrections at a cost not to exceed $4,940. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Churchill McGee LLC for renovation of the stock room and replacing entry ramp for the Division of Waste Management, increasing the contract price by the sum of $3,598 from $61,850 to $65,448. Number 13, a resolution authorizing the Division of Emergency Management 911 on behalf of the Urban County Government to purchase equipment for the Emergency Advisory Radio System for Information Station Specialists, Inc., a sole source provider at a cost not to exceed $42,080 from federal grant funds. Number 14, a resolution authorizing the mayor on behalf of the Irvine County Government to execute a claims payment agreement with Humana Insurance Company for health insurance plans for the period of January 1, 2012 through December 31, 2012. Number 15, a resolution authorizing the mayor on behalf of the Irvine County Government to execute a lease agreement with West End Community Empowerment Project of Lexington Incorporated for space at the Black and Williams Gymnasium. Number 16, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from S&S Tire of electronic equipment and supplies for the use at the Lexington Fayette Emergency Operations Center. Number 17, 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 the acceptance of additional federal funds for the Old Frankfort Pike Alexandria Drive Stone Fence Project and the amount of $120,000, the acceptance of which obligates the Urban County Government for the expenditure of $30,000 as a local match and extending the project through June 30, 2013. Number 18, a resolution authorizing the Division of Traffic Engineering on behalf of the Urban County Government to establish a contract with Iron Armor LLC, a sole source provider for purchase of WaveTronics vehicle detection equipment. Number 19, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Medical 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 $10,000 Commonwealth of Kentucky funds and are for the purchase of EMS equipment for the Division of Fire and Emergency Services, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 20, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and accept a deed to conveying a permanent easement across the property located at 345 Bible Link Drive for turning access for waste management, refuse collect vehicles, and return for replacement of the driveway for the property. Twenty-one, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to the contract with CPSHR Consulting for written examinations to be used in the recruiting process for the Division of Police, changing the completion date from September 1, 2012 to November 30, 2012, at a cost not to exceed $7,500. 22. A resolution authorizing the mayor on behalf of the urban county government to execute a contract with CPSHR consulting for written examinations to be used in recruiting process for the Division of Police beginning September 6, 2012 and ending December 31, 2012 at a cost not to exceed $52,500. 23. A resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Bureau of Alcohol, Tobacco, Firearms, and Explosives for reimbursement of overtime and other costs. Twenty-four, a resolution accepting the collective bargaining agreement with Bluegrass Paternal Order of Police Lodge No. 4 on behalf of police lieutenants and captains in the Division of Police. Twenty-five, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreement with the Citizens Fire Academy Alumni Association, $3,155, for the office of the Urban County Council at a cost not to exceed the sum stated. Twenty-six, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multiway stop controls at the intersection of Cross Keys Road and Traveler Road 27, a resolution establishing a residential parking permit program for the 400 block of Hollywood Drive, 24 hours per day, Monday through Sunday, along the east side of the block, and waiving the provisions relating to the mechanics of designated residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 450-91 and 433-2006 and No. 28. A resolution establishing a residential parking permit program for the 700 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday, August 1 through May 15, and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 450-91 and 433-2006. Thank you, Madam Clerk. Move approval. Take a deep breath and a drink of water. We've got a motion and we've got a second. Is there any discussion? Council Member Stenney. Thank you, Mayor. I believe on No. 22 there was a typo and you read 52,500. It should be 2,500. We discussed it. 52. On number 22, if you look at 22, it says 52,500, and that number should be 2,500. All right. Yeah, that's a big difference. Yeah, that's a real difference. Is that correct? So Tuesday we were wrong. We docketed it because Tuesday was 25. John, you might want to come up to the mic. Oh, we didn't. My council member, council member said that 525 is correct. On Tuesday, we were talking about 2500 for the meeting room. Yes. Okay. Very good. Thank you, Mayor. Sure. Thank you, council member of Senate. Thank you, Mr. Maxwell. All right. If there's no further discussion, we have a motion and a second. and go to discussion, then I'll ask the clerk to go ahead and take that drink of water. You deserve it, Susan. Okay, call the roll when you're ready. Aye. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Mr. Martin? Yes. Mr. McCord? He's absent. Mr. Myers? He's absent. Mr. Stenet? Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. And when you are ready, but no need to accelerate, you deserve that drink of water. No problemo. The next is a first reading of resolutions. Resolution number 29. Never leave an open bottle around papers. A resolution accepting the bid of bluegrass towing, Incorporated establishing a price contract for towing of LFUCG vehicles for the Division of Facilities and Fleet Management. Number 30, a resolution accepting the bid of BCD, incorporated in the amount of $248,655 for construction of softball field for the Division of Parks and Recreation. Number 31, a resolution accepting the bid of Sapphire Cleaning Service, LLC, establishing a price contract for custodial services, Downtown Arts Center for the Division of Facilities and Fleet Management. Number 32, a resolution accepting the bids of Graybar, Annexter, Inc., and Rexall, Inc., establishing price contracts for fiber optic cable and control equipment for the Division of Traffic Engineering. Number 33, a resolution accepting the bids of Lexington Quarry Company and Vulcan Materials Company, establishing price contracts for ROC for the Division of Streets and Roads. And I think there's a motion for number 34. There's a motion. Vice Mayor Gordon. Thank you, Mayor. I move to amend item 34 under first reading of resolutions. Pertaining to the bids and price contracts for traffic sign installation and maintenance to remove Dixon Electric, Inc. and Davis H. Elliott Construction Company, Inc. as selected vendors, The Division of Central Purchasing has indicated that the Bid Selection Committee only intended to select J&V contracting. So moved. Motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Resolution number. Resolution number 34 as amended. For first reading, a resolution accepting the bid of J&B contracting, establishing a price contract for traffic sign installation and maintenance for the Division of Traffic Engineering. Number 35, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Scott Perrine, Police Sergeant, Grade 315N, 28.588 hourly, in the Division of Police, effective upon passage of counsel. Jeffrey Heyer, Police Sergeant, Grade 3, 15N, 28.588. Hourly in the Division of Police, effective upon passage of counsel. And Chadwick Bacon, Police Lieutenant, Grade 3, 17E, 3,025.14. Bi-weekly in the Division of Police, effective upon passage of counsel. Authorizing the Division of Human Resources to make an additional offer to the following unclassified civil service appointment. Catherine Trebo, Family Support Worker, Senior, Grade 1, 12N, 15.523. hourly in the Division of Family Services, effective upon passage of counsel. Number 36, a resolution ratifying the probationary civil service appointments of Tracy McElroy, Staff Assistant Senior, Grade 108 N, 16.400, hourly in the Division of Building Inspection, effective November 5, 2012, and Thad Scott, Environmental Enforcement Specialist, Grade 115 E, 1825-68, biweekly in the Division of Environmental Policy, effective November 19, 2012, ratifying the probationary sworn appointments of Keith Jackson Fire Chief, Grade 324E-5410, biweekly in the Division of Fire and Emergency Services, effective June 25, 2012, ratifying the permanent sworn appointment of Roger Holland Police Lieutenant, Grade 317E, in the Division of Police, effective August 20, 2012, 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Change Order Number one, to the contract with Verdon Company for restoration of historic scholars street clock for the Division of Historic Preservation, increasing the contract price by the sum of $1,000 from $25,415 to $26,415. Number 38, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a facility usage contract with Fayette County Board of Education for rental of Norseworthy Auditorium for kitty capers. 39. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $685,000 federal funds are for the construction phase of the Grimes Mill Road Bridge project, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and appropriating, excuse me, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the lease agreement with Ann Towery Gallery Limited for the lease of space at the Downtown Arts Center, 141 through 143 East Main Street. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with U.S. Attorney for the District of Columbia, via the Metropolitan Police Department of Washington, D.C., for the 2013 presidential inauguration. Forty-two, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Lexington-Fade Urban County Airport Board for Police Firearms Range. Forty-three, a resolution approving and adopting a substantial amendment to the 2012 consolidated plan and establishing approving a new community development block grant project, 21C Museum Hotel Lexington, and authorizing the mayor to submit a Section 108 loan application in the amount of $6 million to the U.S. Department of Housing and Urban Development for the purpose of loaning the funds to 21C Lexington LLC for the project. 44. A resolution authorizing the Division of Internal Audit to purchase five additional user licenses from Global Compliance Services Incorporated for the use in the LFUCG ethics tip line and authorizing the mayor to execute any necessary addendum or agreement with Global Compliance Services Incorporated related to the licenses at a cost not to exceed $1,500. 45, a resolution specifying the intention of the Urban County Council to expand and extend the full Urban Services District. District number one, to provide street lighting, street cleaning, and garbage and refuse collection, finding a need for these services in the area included, finding the ability of the urban county government to provide these services in this area, which area is defined to certain properties on the following streets, Glendova Road and Codale Drive. Forty-six, a resolution specifies the intention of the urban county council to expand and extend partial urban services. District No. 5 to provide street lighting and garbage and refuse collection, finding the need for these services in the area included, finding the ability of the urban county government to provide these services in this area, which area is defined as certain properties on the following street, Malvern Road. 47, a resolution change in the street names and property address numbers of 253 through 255 and Street 253 Shropshire Avenue of 664 through 676 Grott Drive to 1246 Industry Road. and of 600 Greenfield Drive to 3775 Ballowwood Drive, and change in the property address numbers of 1535 Lakewood Drive to 1545 Lakewood Drive, of 1141 Keys Road to 1145 Keys Road, of 659 Lima Drive to 655 Lima Drive, and of 353 through 357 Jefferson Street to 357 Jefferson Street, all effective 30 days from passage. 48. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a group sales agreement with Crown Plaza for rental of meeting space for the promotional process for police sergeants and lieutenants at a cost not to exceed $2,500. 49. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage agreement with the Fayette County Board of Education for use of Winburn Middle School Gym for the Winburn Community Center Program. 50. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Management Advisory Group International Incorporated to provide professional human resource management consulting for a compensation study at a cost not to exceed $34,050. Number 51. A resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the contract with Clonch Construction, LLC, for the Green Acres Hollow Creek Stormwater Treatment Units to improve drainage for the Division of Water Quality, increasing the contract price by the sum of $2,800 from $184,000 to $186,800. 52. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with E. Clark Tolman Real Estate Appraisal Services related to acquisition of sanitary sewer easements and or real property necessary to implement the remedial measures plan required by the consent decree. 53, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with urgent treatment clinics to provide occupational wellness and services for a three-year term beginning on January 1, 2013. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Fayette County Public Schools Division of Law Enforcement for sharing of the mobile data network. Fifty-five, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Fayette County Public Schools Division of Law Enforcement for Mutual Aid. Fifty-six, a resolution accepting the bids of Allen Company, incorporated Boyd Gamrel, excavating an E.C. Matthews Company, incorporated establishing construction unit price contracts for the Division of Engineering. Fifty-seven, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a rental agreement with Lexington Center Corporation for use of the Opera House for Kitty Capers. Fifty-eight, a resolution accepting the collective bargaining agreement with Lexington Professional Firefighters, IAFF, Local 526, on behalf of fire majors in the Division of Fire and Emergency Services. Fifty-nine, a resolution authorizing the mayor on behalf of the Irvin County Government to execute. An agreement with the Fayette County Neighborhood Council incorporated $600 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 60, a resolution amending Resolution 303-2012, establishing a residential parking permit program for the 1200 block of Castle Road for the portion of the road fronting on 1211 through 1231 on the west side and 1216 through 1240 on the east side from 8 a.m. to 4 p.m. Monday through Friday from September 1 through May 31st. to add to the residential parking area the remainder of the 1,200 block of Castle Road and the portion of the 1,300 block fronting on 1304 Castle Road and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 450-91 and 433-2006 and No. 61. A resolution initiating zoning ordinance text amendments to Article 17-7E sign regulations. All right. Thank you, Madam Clerk. Anybody have any walk-ons? Okay, then we move on to suspensions for second readings. Council Member Henson. Thank you, Mayor. I'd like to suspend the rules and give second reading to number 46. Number 46. Is there a second? Second. Second by the Vice Mayor Gordon. Is there any discussion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Stennett. Thank you, Mayor. I'd like to suspend the rules and give a second to number 30. This is the bid for Constitution Park rehab to the Grills softball field so we can get started on the construction before winter begins. Thank you, Mayor. Yes, sir. Second. Motion by Council Member Stennett. Second by Vice Mayor Gordon. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. All right. Council Member Lawless, time out for just a second. Yes, ma'am. I have no issue with, was it 45 or 46? No, this is 30. We're on 30. 46 we've already voted on. Okay. All right. Okay. All right. All opposed, no. Motion carries on 30. Council Member Ellinger. Thank you, Mayor. I'd like to spin rules and get second to reading for number 42, please. Thank you. Motion on 42. Motion by Council Member Ellinger, seconded by Vice Mayor Gordon. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries on 42. Council Member Beard. Thank you, Mayor. I move to suspend the rules and give second reading to number 45. Second. Motion by Council Member Beard on 45 for second reading. Second by Council Member Ellinger. Is there any discussion? All in favor then, please say aye. Aye. Opposed, no. Motion carries. Number 45. All right. Council Member Martin. Thank you, Mayor. I move to suspend the rules and get a second read to item 61 so that this can be sent to the Planning Commission for consideration. So move. Motion by Council Member Martin, seconded by Council Member Ellinger on number 61. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. We have any, we have Commissioner Graham have requests. Thank you, ma'am. Mayor, I actually have three requests for two readings tonight. And the first request is for number 35. That's our standard additional offer request so that we can go ahead and schedule folks for physicals and tests. Move approval. Second. A motion by Vice Mayor Gorton and a second by Council Member Ellinger on number 35. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Okay. The second request, Mayor, is for the Crowne Plaza. This is number 48. This is so that the hotel can start their preparations for the promotional testing process for police because that testing process will start during council break. Second. Motion by Council Member Lane, second by Vice Mayor Gordon. On number 48, is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Commissioner. And, Mayor, the last request I have is if the council would please, number 50 is the compensation study that we've gotten where we now have a consultant picked And we'd like to go ahead and start working with the consultant while the council is on break rather than waiting until after the council gets back, if the council pleases. Move approval. Motion by Vice Mayor Gordon, seconded by Council Member Blues on number 50. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Thank you very much. All right. Vice Mayor Gordon. Thank you, Mayor. Number 59, this is for producing a workshop for neighborhood leaders, so I move to suspend the rules and give second reading to number 59. It's a motion by Vice Mayor Gordon on number 59, second by Council Member Lawless. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. I have a note suggesting that number 46, did I miss that? Did we get them? We got it. Okay, great. Thank you, Vice Mayor. All right, then when you are ready, Madam Clerk, please give us a second reading. Thank you. Number 30. For second reading, a resolution accepting the bid of BCD Incorporated in the amount of $248,655 for construction of softball field for the Division of Parks and Recreation. Number 35. a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Scott Perrine, Police Sergeant, Grade 315 N, 28.588 hourly, in the Division of Police Effective Upon Passage of Counsel. Jeffrey Heyer, Police Sergeant, Grade 315 N, 28.588 hourly, in the Division of Police Effective Upon Passage of Counsel. and Chadwick Bacon, Police Lieutenant, Grade 317E-302514, biweekly in the Division of Police, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Catherine Toribio, Family Support Worker, Senior, Grade 112N, 15.523, hourly in the Division of Family Services, effective upon passage of counsel. Number 42. A resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Lexington Bay at Urban County Airport Board for Police Firearms Range. Number 45, a resolution specifying the intention of the Urban County Council to expand and extend the full Urban Services District. Number 1, to provide street lighting, street cleaning, and garbage and refuse collection, finding a need for these services in the area included. Finding the ability of the Urban County Government to provide these services in this area, which area is defined as certain properties on the following streets, Glendova Road and Codale Drive. 46. A resolution specifying the intention of the Urban County Council to expand and extend partial urban services district number 5 to provide street lighting and garbage and refuse collection, finding a need for these services in the area included, finding the ability of the Urban County Government to provide these services in this area, which area is defined as certain properties on the following street, Malvern Road. Number 48, a resolution authorizing the mayor on behalf of the urban county government to execute a group sales agreement with Crown Plaza for rental of meeting space for the promotional process for police sergeants and lieutenants at a cost not to exceed $2,500. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with management advisory group, International Incorporated, to provide professional human resources management consulting for a compensation study at a cost not to exceed $34,050. Number 59, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Fayette County Neighborhood Council, incorporated $600 for the office of the Urban County Council at a cost not to exceed the sum stated. And number 61, a resolution initiating zoning ordinance text amendments to Article 17-7E sign regulations. Thank you. All right. Thank you, Madam Clerk. Is there a motion? Move approval. Second. Motion by Vice Mayor Gordon, second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, you may call the roll. Thank you, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless, Mr. Martin, Mr. McCord, Mr. Myers, and Mr. Stenet. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Thank you. Next on our agenda, communications from the mayor, and the vice mayor has a motion. Thank you, Mayor. Yes, ma'am. This goes back to our confirmation hearing of Joseph Smith, who was confirmed. So I move to place on the communications from the mayor recommendation to appoint Joseph Smith to the Board of Adjustment. Second. Motion by Vice Mayor Gordon, second by Council Member Kaye. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Is there a motion? Motion by Council Member Blues, second by Council Member Lane. The floor is available for discussion. Council Member Martin. This is the communication from the Mayor. Yes, sir. Mayor, I am going to recuse from Item 3 as my wife is currently the Executive Director of the Lexington Explorium. Thank you. All right. All right. Well, all right. Thank you, Council Member Martin. And that will be appropriately noted. Is there any further discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Opposed, no. The motion carries. The next item, item number 10, is for information only. No action is necessary. There is no action required by Council on item number 11, report. Are there any announcements? Council Member Lane. Thank you, Mayor. I'd like to place an ordinance establishing operational cost and efficiency goals and policies for the Lexington Fayette-Arban County Government into the Budget and Finance Committee for review and further consideration. So moved. There's a motion by Councilman Lane, seconded by Councilman Lawless. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Lawless. Yes, I just want to remind people about all the Halloween festivities coming up. And you can look on the LFUCG website. We won't have another. Anyway, and to be careful of trick-or-treaters. Thank you. I'm sorry, I missed. Was there a motion? There was no motion there, right? I moved to put Halloween in the planning committee. There we go. Well, hey, you know, that's a... I'll withdraw that motion. USA Today. USA Today just gave credit to Lexington for being one of the best in the country for Halloween. All right. Does anyone else wish to have an announcement? All right. No? There being none, then Mr. Mundy, is there anybody here with public comment? Mr. Mundy? Oh, all right. Oh, okay. I do have a list. Most have already spoken. But Robin, Ms. Osgood, yes. Please come forward. Yes. I want to first state that, hi, Diane, that overall the Lexington Police do a very good job. I've had help solving a lot of problems in the past. However, working with Diane on one issue that we're having a great deal of problem with downtown, I don't know if it's a state or federal law that they do this when doing targeted traffic enforcement. they send press releases out to announce that they're doing it. Now, I don't know if this is not a requirement for them to do it, if it takes a resolution by the city council to stop them from doing this. It is basically accomplishing the total opposite of why they're doing targeted traffic enforcement. You're telling the violators, don't do this activity now, but it's okay. do it later. When you have chronic violators, these people need to be sighted, especially when they're traveling at a high rate of speed, chronically running red lights, and are people driving under the influence. Even people who don't yield the right of way for people who are legally in the crosswalk. I'm not young enough to jump on people's hoods anymore when they turn into the crosswalk when I'm crossing. Like I used to have to all the time. You're laughing. Bill, I have had to do that in the past to keep from getting plowed over. And one of them cursed me out one time. One lady got out and apologized to me. But if that's what it takes to stop this practice, if it's not mandated by law for them to do it state or federally, because it totally accomplishes the opposite of doing targeted traffic enforcement. And early in the 90s when I first moved out of Mount Tabor, they used to have a special unit designated that people in the community could work with the police when they were having traffic problems. I had a very nice officer who worked with me on Mount Tabor Road, and he even set up DUI stops because Mount Tabor Road, in that short mile between Yellowstone and Passion Drive, had the highest number of DUI stops in Fayette County in the early 90s. And that was out without special traffic enforcement over the holidays. And believe me, they pulled plenty of people over when they did that special traffic enforcement over the holidays. It was like they had three officers after the first night of special. They brought three officers out there. And every few minutes they were pulling somebody over for DUIs on Mount Tabor Road because it was a cut through. And it took, Linda can tell you how long I thought, to get a light out there at Yellowstone and Mount Tabor where it crossed over. We were having three to five accidents a day. It took 14 years. But I watch people run red lights down here because they're speeding and drag racing downtown. And to do a press release saying we're going to be doing targeted traffic enforcement would be telling people don't do this. And these people need to be stopped. Robin, thank you very much. Just for the record, most of us know exactly who you are, but for the record, would you just give the name and address? Thank you, ma'am. Robin Osgood, 137 Rose Street, Apartment 813, Lexington, Kentucky, 40507. Thank you, Robin. And it is fortuitous that Assistant Chief Robert Stack is here with us tonight and is appropriately, you know, taking note and note, notes and notice. Thank you. Is there a motion? A motion to adjourn by Council Member Stennett, seconded by Council Member Ellinger. Unless there is an objection, we are adjourned.