Music Thank you. Thank you. Thank you. I want to welcome all of you all to our Planning and Public Works Committee meeting. For purposes of beginning, I'm going to recognize Councilmember Stenet as a member of our quorum. First up is our approval of summary, which was included on pages 1 through 4. Are there any comments or questions about the summary of our meeting from February 12th? I have a motion to approve and a second. Motion by Council Member Beard. Second by Council Member Ellinger. All those in favor, sign up saying aye. Opposed, like signed. So moved. All right, next up is our right of entry discussion, which takes up pages 5 through 20 of our packet today. Chris King is here to present. I think the council has questions. I've had a couple of emails emailed to me this morning that I haven't had a chance to look at in their entirety, but they asked questions kind of about what we're talking about today and certainly, I guess, specifically our verbiage, which is on one of the packages, I guess, about page number either 13 or 17 in there, the big number 17. So, Mr. King, do you want to just come and give us, I guess, a timeline, some background, and we'll see what kind of conversation we get out of this? Because we've got some conversation here right now. I don't think it's about right of entry back then. I don't think it's about right of entry. I agree with you. If I may, Mr. Chairman and Councilmembers, maybe about a two-minute summary of where we are and how we've gotten to this point might be beneficial. Back some years ago, the Urban County Council created a building inspection task force that reviewed issues relating to building inspection. The Division of Planning was not involved in any of that because we were not assigned some of the duties that were under review by that council committee at that point in time. One of the issues that came up in that committee, based upon my review of the records, and Council Member Stinnett chaired that committee and can certainly comment, was that in our ordinance, there was no direct reference to the right of entry to investigate complaints and possible violations. Nowhere in our ordinances did it say, you expect that we would be able to do this under proper rules and procedures. Right. It was explained last month. So a series of recommendations came out of that task force, and one of them included a recommendation of an amendment to the zoning ordinance. It was prepared by the Department of Law and was initiated by the Urban County Council back in 2011. So the language that was before you was the language that the council adopted and put into motion through the public hearing process of amending the zoning ordinance. And that appears in your packet. And when the council did that, there were a number of items that went to the Planning Commission. And as you know, when you send legislation like that to the Planning Commission, they have 60 days, no longer, to review, conduct a public hearing, and make recommendations back to you. So that matter went to the Planning Commission. And the bulk of the items that had been sent by council, there was no controversy. No one raised any questions, and the matters were recommended back to the Planning Commission, back to the Council by the Planning Commission, faithfully. Yes, sir. At the Planning Commission public hearing, though, issues were raised by the attorney for the Lexington Apartment Association about just what did this mean in terms of entry to investigate occupancy complaints and things of that nature. The Planning Commission heard answers to those questions, but I will characterize it as saying that since they were at the last possible day, they had no option to explore further, consider alternative language that would clarify or anything like that. So they were basically left with the decision of either to recommend up or recommend down, and they chose to recommend no. with the full understanding that they expected when it got to Council there would be additional discussion about those issues. So once it came back to the Council, the provisions that had been reported favorably by the Planning Commission were approved by Council. This item was put into this committee where it stayed undiscussed for a year or more and then only recently has it come back up for discussion. So that's kind of the procedural history. In terms of the ordinance itself, there is a lot of confusion because the term right of entry gives some people the mental image that government officials, in this case now the division planning, since in the interim you all determined to give us the enforcement job, which had been with building inspection for as long as there had been zoning. So as of January 1, 2012, these duties were transferred to planning. Congratulations. Thank you. It has been an interesting year, to say the least. So basically what the language that was prepared directs and makes clear that the urban county government expects the zoning enforcement administrator, zoning administrator, division planning director, or my designee, to investigate complaints of zoning violations. In many cases, that would involve needing to get on a property. and oftentimes or many times with a property owner that isn't really interested in having the government come and determine whether or not they are in fact violating a zoning law. So the point of this language is that as it was created was to charge the director to create policies and procedures that would direct what the staff is to do for those cases. what's okay to investigate without permission, the way to engage the property owner, and to request being on the property, and then to deal with questions of getting a warrant, if we need to get a warrant, in order to get on property. The problem is none of that was inherent in the language that the council initiated. So there's been some misunderstanding, I think, of what would be required. We cannot go on to a property without permission to investigate a complaint. And that's still the case right now? It's still the case right now, just under general law. But as David Barber pointed out to you last month, if we went and tried to a court to get a warrant to get on a property, nowhere in the law does it say your expectation is that the Division of Planning would have that right. So the first thing we really are seeking is clarification that you expect us to have that duty, that responsibility, and that right. So that's the main thing that needs to be established by law. And we talked about that last month, and I hope that clears up that this is not legislation that will directly allow planners to knock on the front door and say, we're coming in and we're going to count how many people are sleeping in this house tonight or something like that. We wouldn't do that. We couldn't do that. It would be a very unsafe environment, as you can imagine, for our inspectors and folks like that as well. Well, I mean, and kind of waiting for other council members to have questions, with the proposed legislation that's in the packet, so in the final analysis, you and your shop never really had input in that verbiage? Is that kind of what you're saying? Verbiage, no. The council initiated this verbiage. Right. And so it's been a reactive process since that time. So let me tell you where I think we are, and this then goes to the memorandum that I prepared that is in your packet today, where we looked at some of the communities that Ms. Benningfield had investigated as well and found generally that most communities do make this expectation clear in their law one way or another. And in terms of publications that talk about best practices, it's a prudent thing for the government to do, so there is that clarity. So then the question is, how do you want that clarity established? So the language before you, as I said, doesn't really say what the procedures are. So as I have done here, I've pulled a few examples that show how other communities address that. Portland, Oregon, Kenosha, Wisconsin, and Indianapolis, Indiana. And really what I would recommend to you is that you could consider changing this language to one of those types of approaches, or, as I even suggested, you could say that the administrative procedures that I as director must write out would be subject to approval of a commissioner or something like that and be written or published so that everyone would know, here is the expectation, here is what we are going to do. So I personally think that it would be good to have that articulated one way or another. So however you would like that to be done, we are ready to work with the law department to either change the language to see if between now and next month we could come up with language that would be more comforting to folks. Or I could write out a draft of administrative guidelines to share with this committee. So, again, there are a number of ways to do it. But I think given what we have learned, just because of the confusion created by the term right of entry and things like that, it would be good to get that kind of thing down in writing. I think we're going to pursue one or two of the courses you have laid out just for an opportunity for not only us but the community to become more involved in this legislation. But before that, we have Vice Mayor Gorton. I am a surrogate for Councilmember Mazzotti, who is unable to ring in, so she'd like to speak. Councilmember Mazzotti. Thank you, Chair. Chris, how often does this happen? Well, let me give you our numbers from the first year. We had 494 zoning violation complaints referred to us, which we investigated. A lot of complaints. 494 where they are not complying to the zoning or they're doing something? We documented violations on 346 of those. Okay. And, again, in most cases, it's fairly cooperative, but in many it isn't. We've had 116 illegal businesses, and so if someone is running a business out of their house, they can be very aggressive in their rebuff of our inspectors. I've got pictures that show some interesting gestures, among other things. So what kind of recourse did you use when you could not gain entry? Did you have to have police? If we can't do that, when we approach and we ask, you can knock on the door and ask. And if denied, we make the best determination. I can't recall any case last year where we actually had to go and get a search warrant. But then again... So this can be a pretty flagrant violation. Yes. Yes. the ones that are difficult obviously if someone's doing something it's very obvious and open or if it's like a sight distance issue some things you can pretty much tell very easily but we had 26 complaints of vehicle repair going on well you don't know if someone's fixing their own car or running a business shop out of their garage in a residential zone Occupancy complaints, we had a number of those, people exceeding the four nonrelated persons. And typically what we do in those cases is issue a warning and a clarification of the rule to the owner so that they know that our goal is not to go punish people or do things like that. We're trying compliance is what we're after. Absolutely. Well, based upon that, Chair, what do you feel? I mean, does this need to go back into committee to discuss this, or how do we want to proceed on this? I had a question I was going to follow up with, but, yeah, I don't think we're not ready to move forward because I think what has been demonstrated is that the verbiage in here is not what anyone is comfortable with. Correct. So I think we need to brew it a little bit. I think the vice mayor had some comments, and I would follow up with that. But I think that I will wait for her comments, as I was going to say. Vice mayor. Thank you. Thank you, Mr. Chair. Well, my comments were simply that I agree we don't have the verbiage we need, but I would look to you, Mr. King and Law, and Mr. Chair, to possibly craft a draft of something before next month, because I think it sounds, Chris, like you would like some kind of language to help you. And I think we need some kind of language, and so maybe that could be brought back next month for some kind of discussion. That sounds really good. Let me just give you just a general expression from reading the packet and doing a little bit of research. It looks to me like in the examples that Director King included in our packet versus the verbiage that we have drawn, it looks like our verbiage is drawn maybe a little too broadly. and in the other municipalities things, in the guidelines, if you will, kind of concentrate on what it is, what the reason is we're here. We're not here to shop around. We're here for this reason. And I think that and a couple other things will make this much more palatable. And I think my other comment is right along what you said. Right of entry, that phrase immediately puts everybody on edge. and we need to get away from that as the term we're using because that may not be exactly what we need. It may be something a little different. We'll make a time to meet and make it aware to the other council members if anybody else wants to participate, they can. I wanted to bring a couple of examples here. Do we have a couple of examples on the books that you all made? You all just did this, I think, last year for sanitary sewers. So that may be a good example, for instance, for us to start with if you all are comfortable with that. We could use similar language to that and modify it for planning. That's perfect. I appreciate all that. We also have Council Member Henson signed up. Thank you, Chair. I appreciate the conversation, and I agree that we need to use caution. And, you know, something does need to be done. And you and I have had this conversation, Chris, several times, and I think at the last committee meeting I gave an example of, you know, we receive a complaint of operating a roofing business and all the materials are on the street, in the trucks, and so forth, and then they move it behind an eight-foot privacy fence. So the business is still occurring from that residential property, but being able to actually visually see it is another issue. But we do need to use caution and I don't want to step on the rights of any individual. Nor do we. So I think if we could come up with some real good language to address what we need to address and maybe run it past some folks that feel like they may be impacted by this, some businesses or whatever, if we hopefully get a blessing from them. Thank you. Certainly. Other questions for Mr. King at this time? If not, we will keep this issue in committee and have a supplementary workshop between at least the three of us and the council members between now and next month's packet and look forward to bringing something potentially forward that people will agree with. Excellent. Thank you, sir, very much. Next up is our Newtown Pike Extension update, which Andrew Grunewald is here, and Andrew has been very kind to include a beautiful map, which I was perhaps somewhat critical of him for not bringing last time, perhaps. but it's easy to look through this and to see what's going on and to read on your pages 21 and 22 of our packet and it's really some exciting things so please update us as you would like sir welcome in the interest of time i was just going to go over the what i had written and kind of just summarize it and then if anybody has any questions i would answer those questions and i have a few pictures of the construction in Phase 1 that I was going to show you. What you're looking at, that's the overall project of the Newtown Pike Extension project. And the text that I gave you all last week, if you look for Phase 1, that would be the purple area, kind of in the bottom lower left on that map. And the Phase 1 area, The Central Bridge has started working on relocating the lower town branch Box Colvert. This work began in October of 2012, and they've made some substantial progress. I'll show you some pictures here in a little bit. On November 23rd of last year, the Kentucky Transportation Cabinet's open bids for what we call the Phase I Infrastructure Construction. and this contract was awarded to L&M Asphalt Partners. This is the contract that's going to actually rebuild the streets, the San Antonio sewers, the storm sewers in that purple area. And they will start placing the fill once the box culvert has been reconstructed. They're actually in there right now doing other work, but they'll really move forward here in a couple of months. AU and Associates is preparing to submit their application for low-income tax credits. These funds will be paired with home investment partnership funds to finance the rental portion of the CLT housing. This is the housing that we will relocate the people who are displaced and living in the manufactured homes. So once the neighborhood itself is reconstructed, these homes or these units constructed by AU and associates will be constructed, and our temporary tenants will be moved into those homes. That's all inside Phase 1? Yes, sir, all inside Phase I. And then those temporary manufactured homes will be sold. We actually do have up for sale right now one of our manufactured homes, so we are making progress on reducing the number of temporary housing that we have. Bids were received to renovate the Carver Center, and those were received on December 21st. The council approved a contract to Churchill McGee on February 28th, and the work is to be performed. That's inconsistent with the record of decision. That will begin soon, if not already. The community land trust, they have received their 501c3 status with the IRS. This was a very long process. I've never been privy to a nonprofit organization trying to get that. It took over a year. But they have received it, and they are now a bona fide 501c3. As I said earlier, the project we do have for sale, one of our temporary manufactured homes. It is up for auction, and the proceeds will generate income, and it will be given to the community land trust as required by our record of decision. The Phase 2 area, which is in blue, and it goes from Versailles to South Broadway. The right-of-way plans, of course, are complete. They were submitted last fall. The design plans were about 70% complete. The Kentucky Transportation Cabinet is proceeding with acquiring the 21 total takes. This is within the Phase 2 and Phase 3 area. That's the blue and the orange areas. and those do include parcels like the Nathaniel Mission and Harry Gordon Steel. There are also quite a few what we call partial takes, and this is where we only affect a certain portion of property, but we leave the remainder of it intact for the owner to own. We have held many meetings with the Nathaniel Mission, and their representatives in various scenarios have been investigated relative to the temporary or the permanent relocation of the mission. Those discussions remain ongoing, and they have not concluded as of this date. Discussions with Harry Gordon Steele, they have concluded, and they have accepted an offer for the purchase of their property and the relocation of their business. The utility costs for the Phase II are approximately $5.4 million, and construction is about $16.1 million. And those funds are programmed within the state's six-year highway plan. Now, of course, when I say programmed, that means they're in the plan. I don't think that they were in the biennium that was passed, but they are programmed, so this is a good thing. For Phase III, of course, final design has not begun yet on this estimate. The utility costs are about $3.5 million, and the construction cost is about $8.7 million. Those funds are programmed for beyond 2014 in the state's six-year plan. So they do exist, but again, they're not in the biennium. I was going to show you some pictures of the construction in the Phase I area, if you all would like to see those. This is at Box Culvert. It's huge. Yes, sir. The Box Culvert is about 12 feet wide by 8 feet tall. and where you're standing, you're standing at the intersection of McKinley Street and what used to be Derudy Street. Derudy Street, as it goes back towards, you're looking towards the Versailles Road viaduct. And the soundproof wall, it really brings out the soundproof wall, doesn't it? Yes, it does. That was the sound wall we built last year, kind of up there on the top of the hill. But Derudy Street has been removed. Every structure that existed from basically the Nathaniel Mission back to the Versailles Road Biduct has been taken out. The street has been taken up. And we have begun construction on the first portion of this rather large box culvert. Did you dig up anything interesting? Did they find anything archaeologically interesting? Well, nothing I want to admit on tape. I'm just kidding. No, we did not. At one point we did encounter one bone, but it was found to be a cow bone. Interesting. Yes, that shut the job down for about two days until it was determined insignificant. But we did hold the job to ensure that it was not anything significant. I was just interested. This is an old part of Lexington. I was interested in what was there. Thank you. Please continue. Yes. Once the box culvert is finished, this is kind of a little bit better view. You're standing on top of the Versailles Road viaduct looking back towards the east. You can see that's the Nathaniel Mission sitting there on the right. You can see the towers kind of in the background. and you can tell where the box culvert if you extend that on end that's where we tie into the existing box it comes over makes a little jog to the left that will be the new Darudi street it will be constructed right over top of it they've got about half of the roof poured at this point and my hope is that probably by the end of March this box culvert will be completed it will be backfilled and the new sanitary sewer lines will be installed they can begin to start placing the fill in the area and then start building the new derude street as well as the curbs and gutters and drainage nice picture and this is just standing on the uh the viaduct a little bit farther on down kind of looking straight on Okay. If anybody has any questions, I'd be happy to try to answer them. I have Julian Beard first. Andy? Sir? In looking to a larger map of the whole area, we can cross South Broadway and there's no impediment but I don't see until you get to I'm not sure what street this is there are buildings in the way you're talking about Back up to the picture of the plan up here. Keep going. One more. The PDF of the plan. No, that was not in Licington. So, Council Member, are you in the orange area there? No, I'm in the blue area. The blue area. Got you. Go ahead. And you'll see where it crosses another blue area. And then it starts fading out. But... You had the right one. That again is not Lexington. And there are some pretty large structures if you're going to go all the way to limestone. You don't have a point. Technologically, this is interesting. Yeah, okay, there we go. So you see the Lex there. This is the Lex right here. This would be South Broadway. Right. Oliver Lewis Way as it comes down. This is where the old freight depot used to be. Say it again. The old freight depot, yes, sir. The old freight depot. At the end of Bolivar? Yeah. Yes, sir. This is Bolivar right here. Okay. The intent of the alignment is to tie Oliver Lewis Way directly across the street from Bolivar. We will rebuild a portion basically from the intersection of the Lex. Or JDI. I always forget what this little street name is. We'll rebuild the curbs on both sides of the road and the sidewalk. But we will end all hard improvements at the end of the radiuses on Bolivar, right here. This portion will most likely receive repaving as well as restriping to make sure that the lanes all line up. But we have no plans for reconstruction of the street, nor the sidewalk, nor the curb and gutter on Bolivar. initially we were talking about this supposedly going to end at the front door of UK yes sir right here at the intersection of Patterson Street and Oliver Lewis Way the Scott Street connector and of course this will be phase three will come off it will bridge South Broadway, right next to the railroad bridge. There's a railroad bridge right here. Okay. It will line up directly with Scott Street and it will come on down I see it crosses upper first slightly and then... It will come on down over here to Limestone. Right by the fire station. Right. This is, I can't remember which fire station, it's a historic fire station by the way. The University of Kentucky will We will realign their entrance, which is right here. Limestone will continue in its current alignment, but Upper Street will be pulled down into Limestone. Limestone will be two ways, basically from the physical plant to the Scott Street intersection and then on out. This will be a fully lighted intersection. so part of the line will be closed forever then there is that what you're saying? part of that will be closed permanently then this part right here will be closed permanently it's an attempt to tighten up the whole intersection there's a tremendous amount of pedestrian traffic within this intersection and you can maintain the traffic flow and the capacity while installing a light as well as improving the pedestrian crossing of the street. Is that kind of... No, I see that now. It's a little different on this one. It is. But this is a little clearer to me. So that's still, and that's phase three, I assume. Yes, sir, that's phase three. That's still a few years off. And this configuration might change a little bit. The University of Kentucky was acceptable to this in 2005, 2006, when we wrote our environmental impact statement. I don't necessarily think that they will have a problem with it today, but they might want us to tweak it, for instance, to move a turn lane, to give the university a little bit more accessibility. So we'll still have some ongoing conversations with them. So that's why I say that we really haven't started designing all this. It might get tweaked a little bit here and there. you can't really penetrate the university the only the only driveway is a circle it doesn't go any further it can't go you can't go any further you can go ahead and take the circle if you want to for some reason if you have some other reason have a tag you can park well in the type of money that we're using for this project federal highway money Whenever you hit a university or a school or a public use facility, it is very hard to spend that money on those improvements, especially if the organization does not want the improvements. That's why we usually don't show any improvements to the University of Kentucky in any of our plans. they'll have to be a partner to those agree to them and almost probably oversee the construction themselves but I can't say that that's going to be a big deal for them I wouldn't think it's more tweaking than anything else as long as they accept and they have accepted the configuration of the new intersection fine thank you so much Andy thank you council member next is council member Ford Thank you, Mr. Chair, and Andrew, thank you for your presentation. I just have a few questions, three questions, to utilize this time and committee for exploration and learning. Very massive project. The first one is in regards to Phase 2, alluding to what Council Member Beer was just speaking of. Financing and timeline, and I understand how complex a project this is. Is our funding, federal, state, and otherwise, is it concrete? And what is the projected timeline? No rush, per se. But what is the projected timeline to have Phase 2 completed? For Phase 2, it is our hope, and it's the Transportation Cabinet, District 7 office. They wish to have all of the right-of-way acquired, either fee simple or right of entry. by this summer. They would love to begin what they call the utility relocation, late summer, early fall. And they would like to have it bid for construction before the end of the year. Wow. Now this, of course, is the Phase 2 section. That is a very ambitious schedule. given the complexities of some of the right-of-way and the complexities with this, the utility relocation at the intersection of South Broadway and Oliver Lewis Way. Guestimation of when we'll be done. When we'll be done with this section? On phase two, right. If we do meet that schedule and it is bid by, let's say, the end of 2013, my hope is that they can construct this within a year. So it would be open to traffic December of 2014. So we're basically looking at a 2015 project, give or take, if some things, if everything aligns right. Yes, if everything aligns right. Good deal. The Carver Center, how does the Carver Center play into the scheme of things with this project? What will be the intended new use or the improvements at Carver, just very quickly? We had to improve the Carver Center because we took the historic Brumfield Hay and Grain train depot. That set up about $1.5 million. The $1.5 million was deemed to go to the Carver Center to stabilize the structure historically. We're going to replace the roof. We're going to replace the heating and air conditioning system. All of the windows will be replaced and the exterior doors. So that money will stabilize the building for many years to come. The actual programming will be left up to the City of Lexington, to the Division of Parks and Rec. And I think we will have to use maybe some of the office space to house the Community Land Trust for a few years and some other project reasons, but the majority of the building will be left up to the City of Lexington. So it's a good preservation and renovation project there. The last question I have, Mr. Chair, is going back to the south end, to the housing component. Very much looking forward to how that's going to pan out. And again, my question would be, is the funding needed to make the improvements down there? Is everything in shape time-wise for that to meet its fruition? for the housing that we, the government, are going to construct with this project? Yes. The funding is in place. The timeline is extremely accelerated. Let me give you an example. The contractor who was awarded the contract for the Transportation Cabinet, he actually has until December of this year to complete his project. He has been very understanding and worked with us. He thinks he's going to be out of there by September. So our hope is that we'll be down there actually beginning to break ground on the new single-family and duplex homes in the fall. That's our desire. That's the Transportation Cabinet's desire. But keep in mind that that only happens if the contractor completes his work in rebuilding the neighborhood and the infrastructure. If he does take until December of this year, we won't be breaking ground on the houses until this time next year. Andrew, thank you so much. Mr. Chair, I appreciate this time. I look forward to the road project, of course, but I'm equally as interested in the housing, and I look forward to working with you guys offline to kind of figure out and maintain progress today. Thank you, Andrew. Yes, sir. Thank you, sir. Anything else for Mr. Grunwald on this topic? I'm sorry. House Member Clark. Thank you, Chair. Thank you, sir. This is all very exciting. and it's kind of a dream come true for some of us who have lived around that U.K. area. A couple of questions. In Phase 2, once they come off of the new construction and end up on Bolivar, and yet we're basically dumping a lot of that traffic onto Upper, and since there's no improvement on Bolivar, is that a problem? Because we're coming off of, what, a four-lane road onto Bolivar that's a two-lane and very narrow, and then ending up on Upper, is there no thought of doing any reconstruction on Bolivar to handle that traffic? Well, you're absolutely correct. There's about 32,000 to 35,000 cars a day that will utilize the new road. Right. But what all of our studies show is that basically you have, I think it was about 45% of the traffic wanted South Broadway, and about 55% wanted to go out South Lyme. Right. But until Phase 3 is completed, we're going to dump that traffic in a versus somehow. Until Phase 3 is completed, there will be considerable congestion right here at this intersection at Bolivar and Upper. There's no doubt. Yeah, that was my concern. It's the hope of the project team that we actually get the funding in place and we move forward on Phase 3 as quickly as possible. Yeah, that would be important. Another quick question. Any thought of pedestrian traffic in Phase 3 crossing limestone and upper there? There's a lot of pedestrian traffic across there. Any thought about a tunnel or a bridge or anything that would make that more accessible? Early on in the project, we were going to build a tunnel farther on down. Oops, don't worry, I'm shining that way farther on down. South Lyme. The University of Kentucky actually beat us to it, and they built an overpass at their parking garage. With this project, the idea was that tightening up that intersection and bringing everything closer together, that's probably as far as we're going to take it, at least at this point. This intersection will, of course, be completely signalized. It will have the pedestrian walkway signals and the countdown. It exists now, yeah. Yes, it does. You mentioned something about two-way. You were talking about going south on limestone, is that correct? Not north on limestone. Yes, sir. When upper is pulled in right here, you will actually be going south on this portion of limestone, which has always traditionally been one way north. And so to Euclid, then, it would still be one-way? Once upper ties in, it will be two-way, but then it will continue to be one-way. Okay. Got you. All right. Thank you very much. Thank you, Chair. Thank you, sir. Are there any other comments or questions? The inclusion of your map made this a very productive discussion, so thank you very much. Yes, sir. And we'll look forward to the next update and our next quarterly opportunity. The next up is the Liberty Todd Road widening project, again for an update. And that comes to us via, who's presenting? No, it's going to be Bob, but I see Brad's here. Brad Frazier with it. Brad Frazier, Director of Engineering. Congratulations and welcome. Thank you. Thank you, sir. Appreciate that. Hopefully everybody has in their packet two sheets that show the proposed widening along 1927, starting with basically at Andover Baptist Church, which is close to Andover Forest, and going across the interstate following Todd's Road until he gets to Crossroads Christian Church. These are our pages 24 and 25. Yes, sir. Which I think we're trying to post now, maybe. basically just to go ahead and summarize real quick the project is 1.6 miles it will go ahead and pick up where the previous project stopped and go ahead and go across the interstate go across the interstate and go ahead and connect up where the crossroads christian church is where Polo Club will eventually come into Todd's Road. The section is a three-lane road section with through movements and a center turn lane until you get close to Hayes Boulevard, and then it will go to a five-lane section across the interstate, which will require a new bridge. The old bridge will have to be demoed and a new one put in place, and that section will then be tapered down to where Polo Club will come into Todd's Road. And with that, I'll go ahead and try to answer any questions at this point. You've already impressed in your first presentation. Thank you. I will go first to Council Member Stenet. Thank you, Chair. As many of you have known over the years, I've worked hard on this project with Brad and a number of members of our engineering staff, Keith Lubbin and Bob Barrett, to make sure we get this done sooner rather than later. And, Brad, can you give me the estimate of when actual construction will start and what we're actually physically doing today to get this project moving forward in terms of working on it? Yes, sir. A couple things. One, it used to be split up into two phases. It used to be considered 1927 Section 2A and 2B. But what we've done working with the Transportation Cabinet, and actually from their point of view, it's now going to be one project. It's Section 2, which will go all the way from Andover Forest, where it ended from the previous section, and go all the way to where proposed public level coming to Todd's Road. What we're currently doing right now, we're in the right-of-way acquisition phase. So that is going on right now. The appraisals, everything's being put together with the right-of-way plans to go ahead and get that obtained. Then after that, the utility portion can start, which will be the beginning of 2014. Go ahead and get those relocated. And then from there, construction should go ahead, and it's our hope that it will start in May of 2014 as well and go all the way through until July 2015. That is the tentative schedule at this point from a district savings point of view and ours. So you think we can actually get the utilities done in four months, five months? That's what we're trying to shoot for at this point, yes. Okay, because then here it's listed as FY13 money. So that money expires here on June 30th. Are you all going to do a rollover, so to speak, into the next fiscal year? I think since it's SLX funds, it will go ahead and come on through. So it should not be a problem. Okay. So it is one phase, but there's language on page 23. It gives me some heartburn. Which one? At the very last sentence of the whole paragraph, the right-of-way utility and construction phase emphasis will be placed on completion of the outer portion of the project. I'm trying to understand if that emphasis is placed outside, how that actually will really work when you have all those construction vehicles out there trying to do one project. I think from, and sorry for the confusion on it, it is one section. It's all going to be let underneath one contract, the whole thing. I think that what's being communicated here is the mobilization as far as it's the bridge. You know, Hayes all the way to Proposed Polo Club is a five-lane section. That bridge is going to occupy a lot of the funding and a lot of the workmanship there since it does cross I-75. And that's what we were trying to communicate, that the emphasis will be there. But it is, as it is right now, one contract. Okay. So can we update our monthly utility reports that we're getting? Because on March 8th, it still has in here two sections. So if we could update it. Yeah, we'll update it. I didn't realize if it's still under two sections, it should be reported as one. The project may be split into two sections. That's what still the status comments are. I'm kind of hoping that maybe that's just saying that maybe the utility phase instead of the actual construction phase. But I'm telling you right now, the construction phase is to be let in one contract. Okay. Thank you, Brian. Thank you, Chair. Thank you, sir. Other questions or comments on this update from anyone? Council members? Seeing none. Director, thank you very much for your time today. We appreciate it. Thank you, Chairman. Thank you, Council. That brings us to our last item on the agenda, which is the paving update, and Kevin Wente will deliver that. And Kevin, on behalf of Councilmembers everywhere, tell us the difference between this presentation and the one you will give at our work session. That's a very good question. Councilmember Clark had three questions that came to our office just specifically for this committee meeting. The questions effectively were, how much of any of the original fiscal year 2013 repaving budget was still available. The answer to that question is roughly half a million dollars. It's still required to be complete. So you received a note from me where I did state a number or statistic that was higher than what I originally thought to be true, so we're correcting that now. So is that the corrected figure or not? That is the corrective figure of what is remaining in the fiscal year 2013 budget for resurfacing activities this year. All right. The second question was in regards to the status of the bond, and that was, I believe, received second reading last Thursday. And then the third question was the time estimate as to when the resurfacing season will begin. And I can report that ATS opened the asphalt plants last week, and we are actively resurfacing today. Where? in the 8th district, I believe. I'm sorry? No, I mean, my list was... You're wrong. Mine was in advance, not late. I'm sorry, we were squabbling. That's okay. There will be a full report to Council on resurfacing activities from start to effectively finish with some additional statistics and updates during the work session. Just before the pension presentation. Well done. Thank you. Questions for now? Council Member Stenet. Thank you, Chair. Are all the lists in for the bond paving money? No, sir. So how many council members are we missing? Do you have half the list? We roughly have half, yes. Okay. Because I think it's a real serious policy issue because he's asked, he's begged, he's come to us. And I think going forward we need to, maybe as a council, determine that if they're not in by whatever date we all set, then you all pick the streets for them and move on. because I think there's a real opportunity here to get it done this year, but we can't if we don't have the list. There's a fiduciary responsibility along with this body that will mandate that, in my estimation. Input, thoughts? We work to assist the best way possible, but it is a benefit to us, as well as coordinating other activities with utility companies, as well as our own in-house construction projects, if we had that in advance. Yes. Other comments or questions? Did those answer yours, Councilman Clark? Yes, thank you. All right, then permit me a moment. If the remaining balance from the 2013 is around half a million, the amount that was set aside for the 5th District was around $400,000 or less, and the majority of that, the vast majority of that paving has not been done. So please make sure that what's done, what's program will get done. We will. And there will actually be a report to Council to reflect what has what's remaining per district so that you will have that update with them on. I would like to have it. It will be this week. Yes, I wanted to have it to you today, but I wasn't able to provide that. All right, then let's come back to Council Member Senate's point. If only half of the 12 have turned in their lists, which was, what date certain was that, like 22nd or something? Correct. So you're really, I would say at this point, since this is a different type of package and this is a lot more paving, we really can't dilly-dally. We need to place pressure on our colleagues to do their homework and get it turned in. It would be helpful to have the list, yes, sir. And I'm not asking in public which have or have been turned in, but we will talk about it accordingly. Thank you. Certainly. Thank you, sir. All right. Thank you, sir. Which then brings us to our Planning and Public Works Committee referrals, which we have to make one change that we talked about in our minutes and last time is to change the term Martin to Clark in three instances here. We've had a couple. We've had all three of them. I think there's one with right-of-way repaving program and review street tree and tree protection ordinance. And then we've added the exaction fees and the B-1 ZOTA to our list. The others, I mean, we had met with aide for the committee, Jennifer Benningfield, and kind of went through and asked for e-mails to be sent or follow-ups on all of these, which was some of the production for today's meeting. So there's some people's names and some stuff that I want to get some input on from, not necessarily here in public right now, but between now and next meeting, about caching these and moving them forward in one way, shape, or form or another. but I would take questions on this list or comments on it at this time. Vice Mayor Gordon. I just have a comment, and Council Member Henson may be going to speak to this, but you will recall we actually tabled the B-1 ZODA issue from Thursday night, and so I just would suggest that Council Member Henson or someone move to untable it at the next Thursday night meeting so we can hear it in the committee. Very good. Because it was tabled until the next meeting. But we decided to refer it in the meantime. I went ahead and referred it just so it could get on the list. Very good. Thank you. Agreed and understood. Thank you, ma'am. Council Member Kay. Thank you, Chair. Two items. On the design excellence update. Yes, sir. I can't remember if we talked about this at the last meeting or not, But it would make sense, I think, to hold that. Right now, as I think some people are aware, we have a consultant team working with the Design Excellence Task Force. We expect substantive recommendations, but not until the middle of the summer. So I would soon hold that. There's not going to be much to report before then, if that suits. We will go based on your input. Okay, and secondly, on the adult daycare centers, that originally was Councilmember Ford's item. It became mine when we postponed it, waiting for the Homelessness Commission Task Force. But if it's okay with the committee and Councilmember Ford, I would put it back in his bailing wick, and I think that can now go forward. All right. That will be fine, Mr. Chair. Thank you, Councilmember Ford. So we'll change it up and roll it in maybe for the next month or something? Yes, we're expecting it. Yes, sir. I'm working with our staff now. We'll hopefully be ready next month. Very good. I appreciate both of those. Gentlemen, thank you. Council Member Henson. Thank you, Chair. The item with my name of emergency preparedness, I kind of feel like that might be a duplicate. Okay. And is in another committee. All right. So I would make a motion to remove that. I have a motion and a second by Council Member Kay. Any discussion? All in favor? All in favor. Those like signs, so moved. Yes, ma'am, anything else? That's it. Any other comments on our committee assignment? Having a few minutes, Commissioner Paulson. I'm just going to ask you to consider doing something for the council for future reference. You send us a really nice weekly report that gives us a lot of information. If you comb through it, there's a lot of great stuff in there, a lot about what's going on. Recently, we've had some quorum problems as it relates to having council action after the Planning Commission has acted. And I'd like for you to find a way to succinctly notify the council of Planning Commission.