Good evening. Good morning, I heard that, yeah. All right, well, we'll call the meeting to order. Thank everyone for joining us tonight. This is the meeting of the Lexington Fayette Urban County Council, and the procedure in a meeting is for first for the clerk to call the roll so that we know for the record who all is here tonight among the council members. All right. Madam Clerk, would you please call the roll? Mr. Myers? Yes. Ms. Scutchfield? Present. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. Mr. Clark? Yes. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Mr. Kay? Here. Mr. Lane? Ms. Lawless? Here. And Ms. Mazzotti? Here. Thank you. Thank you, Madam Clerk. All right, next on our agenda is the invocation, and tonight we are honored to have Pastor Jason Santa Lucia of the Hunter Presbyterian Church here with us. Pastor, thank you so much for joining us. I invite you to pray with me. Holy One, be with the leaders of our city, as they meet together this evening, that they may do their work in the spirit of wisdom, kindness, and justice. Guide their discussions, inspire their creativity, and strengthen them for the difficult task of governing. Fill their hearts with compassion for the many needs they must consider. And even in the routine tasks that come with public office, give them joy in faithfully serving their neighbors. Breath of Life Help all of us, as good citizens, to nurture a spirit of community among us. Teach us to respect those whose views differ from our own, that we might grow in humility and work out issues that divide us. Encourage us to support one another, especially the weakest among us, those who are most vulnerable. make us agents of positive change and renewal, building up our city in hope and making it a home of peace and welcome for all. Amen. Thank you, Pastor. Thank you, Jason. Thanks so much. We really appreciate the clergy joining us. We know that you all have busy schedules and we really appreciate you joining us tonight. Thank you. All right. Next on our agenda, I'll ask for a motion to approve the minutes of the January 22, the February 26, and the March 5 Council meetings. Is there a motion? So moved. Motion by Council Member Beard. Was there a second by Council Member Clark? 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. Tonight we have two presentations. The first is honoring Isaac Murphy with the Academy for Leadership at Mill Creek Elementary. And the second is recognizing our very own council clerk. And first I'll ask Council Member George Myers to join me at the podium and then Vice Mayor Linda Gordon. Council Member Myers. All right. All right, Council Member Myers. For our first presentation tonight, we are pleased to welcome a spirited group of young leaders and their educators. Mackenzie Frankenberger, Rachel Smith, Tammy Drury, and Lillian Sunday. Last year, while at the Academy for Leadership at Mill Creek Elementary, they learned about the greatest jockey of all time, Isaac Burns Murphy. So, now, even though they are in middle school, right now it's still very important to these students and to our city, of course, that we regularly honor Isaac Murphy. His story is an incredible one. and the young people are right. He should be celebrated. So Council Member Myers will tell us a little more about his visit to the Academy and why we are here today. George. Thank you, Mayor. Thank you again, everybody, for coming out today. The Academy for Leadership at Mill Creek invited me to come last year during Black History Month and read a book, and the book that we selected was a biography about Isaac Murphy. And what was really interesting to me was that during the conversations as we read the book and had an exchange back and forth, they quickly realized that he hasn't received the recognition that he's due, particularly in Lexington, because he was born in Brussels and grew up here in Lexington. And so they started talking, and their principal, Ms. Lorraine Williams, started talking about the fact that there was a Black History Museum exhibit that was positioned at Churchill Downs for a while, and that that had to go away. And so they talked about how can we bring this back and further the recognition for Isaac Murphy. And we realized it would take a lot of money to do something like that. And so they talked about the next thing we might do, and that's there are a couple different states that have stakes races named after Isaac Murphy. And they thought, why can't we do that here in his home state? And then we talked about what else we could do that's more than the median. So we talked about coming down here today and doing this proclamation and making it Isaac Murphy Month. And so it's just been a fantastic opportunity for me to learn from these young leaders and their teachers and their principal as they carry on their education. So we have a proclamation tonight celebrating May 2013 as Isaac Murphy Month. May is the perfect time to honor Isaac Murphy. After all, he won three Kentucky Derbies, and now these young people will read the proclamation honoring Isaac Murphy, the greatest jockey of all time. So we'll ask you all to come on up, whoever is prepared to read in order. All right? Great. Yes, ma'am. And, you know, we've got a real, real incredible instrument here. How about that? They don't have these in every city. Yeah. Okay. Come on. I think they'll like you right there. Oh, you all are going to gather around and only. Okay. Okay. Come on up and back and let's take this microphone. Thank you. And whereas Isaac Murphy was the first jockey to be elected in the National Museum of Racing and Hall of Fame, and it inducted into the Hall of Fame in 1955. And whereas Isaac Burns Murphy still holds the record for the highest percentage of racing wins ever, 44% And whereas Isaac Burns Murphy set a record in 1991 by winning a Tummy Derby in the third time And whereas Isaac Murphy still became the most sought after donkey in the country And perhaps Isaac Murphy died in the world's right of time for one mile in the match that makes us out of the door. And perhaps Isaac Murphy Murphy is the only jockey to give in honor to the burial at the Kentucky Horse Park. And perhaps Isaac Murphy Murphy is honored to take three days to stay after the people in Florida and Illinois. And whereas Isaac Burns Murphy won the Latinx Young Derby five times in the four of the first five runs of the American Derby, once the richest three-year-old race in America. And whereas Isaac Murphy is filtered by many to the greatest American jockey of all time. And whereas Isaac Murphy is the only jockey in history to win three major races in one week. The Kentucky Dirty, the Kentucky Oaks, and the Heart Shakes. Good job! So now I'm going to finish it up to make it like sort of kind of official. Now, therefore, I, Jim Gray, Mayor of the Lexington-Thayette Urban County Government, on behalf of all Fayette Countians, do hereby proclaim May 2013 as Isaac Burns Murphy Month in Lexington. Thank you all. Look at that. You've got a standing ovation. You guys got a standing ovation. Well, after that standing ovation, I believe that you're all going to get a picture. All together, right up here in front of the council. Okay? Yes, right now. Right, you all. Ed, this fellow right here will give you all instructions. I don't know. Can you ask me? Can you ask what the other is? Oh, I'm very happy. No, that's right. You're very happy. You're very happy. You're very happy. Oh, yeah. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. You're very happy. Oh. Oh. Councilman Myers has asked me to speak a little bit about our school. Last year was our first year implementing the Leader in Me initiative. And Leader in Me has just provided our students and our faculty with common language and a common goal. And our goal is to really find the leader within each student and find what makes each student shine. And this project has done just that. It's really provided our kids with the opportunity to have an authentic way to provide these learning and these leadership skills and to practice them. And like Councilman Myers mentioned, these are all sixth graders now. So they've left our school and they've moved on to middle school. And so this has been such a neat way for us to stay in touch and to stay in contact with these kids and follow them through. And hopefully we can continue the work. And they worked so hard last year as fifth graders. This was a year-long project. They researched. They contacted the author, Ms. Patsy Trellinger, that wrote The Perfect Timing. She came to our school. These kids distributed books to all the students at our school. Councilman Myers has played a huge role in working with us in developing these leaders. and also Ms. Lorraine Williams, our principal, who unfortunately is at home on medical leave, but I know she's at home beaming with pride to see us here. So I just want to thank you all for giving us your time and really letting these students' dedication shine. We appreciate being here. Thank you. One more time. There you go. Nice smile. Thank you very much. Congratulations. I was just saying, Mackenzie, that was such an inspiring job that you did just now in sharing that all with us. And Council Member Myers, thank you for your leadership in this. Are you all going to stay with us a little while? We've got to get our bus. Okay. All right. Got to go home. Well, listen, thank you all. Let's give another hand for you all. All right. Vice Mayor, I was going to say, come on down here, Vice Mayor. Let's get there. Vice Mayor Gordon and I are here to announce another. We've got another special announcement. Some exciting news. But, you know, it's a little bittersweet, too. I'll come back to that. Our council clerk, Susan Lamb. Susan, come on up here. Come on up here. You cannot hide. Come on up here. Not with that blue jacket you can't hide, especially. Susan has been named Municipal Clerk of the Year by the Kentucky Municipal Clerks Association. Everyone here, and certainly lots of folks who watch our meetings on GTV3, are well aware of the important role Susan plays. I'm sure aware of it, she keeps me on track, moves the meetings along, and most importantly makes sure with a good spirit and a smiling face that we do things right. But citizens may not know the other things Susan does, like being a champion for transparency, overseeing the creation of video archives, web streaming, electronic voting, and increased citizen access to legislative documents. Susan has also emphasized efficiency, including reducing her office staff size to become more efficient, streamlining and consolidating duties, and introducing a computerized docketing system that saves time throughout our government. Susan has served as our clerk since 2008, and she was deputy clerk from 1992 until 2008. Now, as for the bittersweet part of the announcement this evening, we already know we've had to accept this, that Susan plans to retire in July. So, Susan, congratulations on the recognition you have received from your colleagues throughout the state Municipal Clerk of the Year. You've been our Clerk of the Year for many years. We will miss you. We will wish you a long and happy next adventure. And now, Susan, Vice Mayor Gordon also wishes to wish you well. Vice Mayor. Thank you, Mayor. What do we say about Susan Lamb? Very briefly, step up here. Susan actually started work for Lexington-Fayette Urban County Council on January 2, 1986. Think back to 1986, what you all were doing. Some of you were toddling around, I realize that. But Susan's been with this government for 27 years. It's an awesome accomplishment. Briefly, here's what I would like to say. She's a dedicated leader, particularly among her peers throughout the Commonwealth of Kentucky. She's smart. She's civil. She's respected by everyone who gets to know her. And we all look to her for a lot of the answers. So I offer my congratulations. I know the Council is very excited about your recognition, and we're just so proud of you. Thank you so much. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. face to it tonight. First of all, thank you all. This is truly an honor. And what I have to say is, is that one person never gets to this point without everybody else on their path to get here. You know, you don't get to accept an honor like that without that, with everybody else. And first, I want to thank my co-workers, Meredith, Roger, Debbie, who couldn't be here tonight, And my former co-workers, who I really appreciate, especially Liz, my predecessor, Darlene and Claudette, and there's many others that I've worked with. Next, I have to thank my family. And, wow, you know, I'm very proud of my son. He's grown up in this government just as much as I have. This is Jeremy and his fiancée, Jenna, and then Diana. And then you have my magnificent family in Baghdad. And then you have my magnificent family in Ohio. And, you know, they have been a serious support system for me and have tolerated my workaholic habit, which I have really. You know, that's just me. But then I have to thank my city clerk peers across the state. There's just about 349 of them. That's all. And then, of course, it's you. and it's the mayor, it's the vice mayor, it's the council, and the Fayette County clerks. I don't know if Mr. Blevins and Mr. Blevins Sr. are listening to this, but thank you guys too. Hundreds of government employees and citizens, and each and every one of you have challenged me, encouraged me, and tested me, and because of you is why I am standing here today and being able to accept this award. In 1992, I have to tell this fun story, Mayor Basler appointed Liz and I as clerk and deputy into the positions. And for those of you who knew my predecessors, Kitty and Ann, well, some might have referred to them as pistols. You know, they were quite the characters. And so once Liz and I were appointed, I just couldn't get over the number of people that would come up to us and say, wow, your smiles are just, I mean, your smile and attitude are just infectious. And I soon learned as to why they said that, and God rest both of their souls. So I have never forgotten the fact that a smile can make a person's day all the difference in the world, and a kind word goes even further. So I will forever cherish this moment while I continue contributing in my journey as a public servant. And thank you all very, very much. What I'm told is that the association says to the city from which the recipient, the award is given, that it becomes official only when we give it to you from the city. So this is it. It is official now. Thank you. All right. And let's get a picture. Thank you. Very good. Very good. Thank you. Very good. Thank you. Thank you. Thank you. Thank you. One more time. Thank you. One more time. One more time. Thank you. Thank you. Congratulations. Thank you. Thank you. Thank you. And I get to leave. The reward of the award. Okay. All right. All right. But this allows us to move after these presentations. We can move on to the second reading of ordinances. And Meredith, when you're ready, if you'll please give us a second reading of ordinances. Yes, sir. Ordinance number one, an ordinance amending section 2152 of the Code of Ordinances, abolishing one position of Environmental Enforcement Specialist Grade 115E and creating one position of Arborist Senior Grade 115E in the Division of Environmental Policy effective upon passage of council. Number two, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Records Management Analyst, Grade 111N, and creating one position of Deputy Council Clerk, Grade 116E, in the Office of the Clerk of the Urban County Council, and appropriating funds pursuant to Schedule No. 47, effective upon passage of council. Number three, an ordinance amending Section 2252 of the Code of Ordinances abolishing one position of Administrative Specialist Senior, Grade 112N, in the Department of Environmental Quality and Public Works, and creating one position of Administrative Officer, Grade 118E, abolishing two positions of Administrative Officer part-time, Grade 118E, in the office of the Chief Administrative Officer, and creating two positions of Administrative Officer part-time, Grade 118E, in the Department of Environmental Quality and Public Works, transferring the incumbents and appropriating funds pursuant to Schedule No. 46, effective upon passage of counsel. No. 4, an ordinance amending Section 2152 of the Code of Ordinances, abolishing one position of Administrative Officer, Grade 118E, one position of engineering technician, grade 111N, and one position of maintenance mechanic, grade 113N, creating one position of CAP operations manager, grade 118E, two positions of project manager, grade 114E, one position of engineering technician senior, grade 113E, and one position of program specialist, grade 112E, in the Division of Water Quality and Appropriating Funds pursuant to Schedule No. 49, effective upon passage of council. Number 5. All in the Division of Water Quality appropriating funds pursuant to Schedule No. 48, effective upon passage of Council. Number 6, an ordinance amending Section 2252 of the Code of Ordinances extending the term of the temporary position of Project Engineering Coordinator, Grade 119E, for a four-year term effective June 25, 2013 in the Division of Water Quality, effective upon passage of Council. Number seven, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 45. Thank you, Madam Clerk. Is there a motion to approve? Move approval. Second. It's a motion by Vice Mayor Gordon, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Mr. Myers? Yes, ma'am. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Gorton? Aye. Mr. Kay? Aye. Ms. Lawless? Yes. And Ms. Massadi? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us, when you are ready, Meredith, to move on to ordinances for first reading. And at item number 11, I'm told that there may be an amendment by Council Member Stennett. Yes, sir. Ordinance number 8, an ordinance changing the zone from a professional office P1 zone to a planned neighborhood residential R3 zone for 4.09 net and gross acres for property located at 1060 Cross Keys Road, AU Associates Incorporated, Council District 11. Number nine, an ordinance amending Section 1616.1 of the Code of Ordinances to create Schedule E, setting the solid waste landfill fee for dumpster containers two cubic yards at $12.05 per container per month. Number ten, an ordinance creating and establishing for bid a non-exclusive telecommunications franchise for the placement of facilities for the generation, transmission, distribution, and sale of telecommunication services within the public rights of Way of Fayette County for a 12-month duration, with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration, and providing for compliance with other relevant laws, regulations, standards, and ordinances, definitions, work, materials, and construction standards, wire moving and tree trimming, performance bonds, indemnification, insurance, access to property and inspections, notice of filings with the Public Service Commission, no vested rights, limited assignment, notice of foreclosure and bankruptcy, cancellation or termination, violations and penalties, permitting and inspection fees, additional permitting and other requirements for substantial new construction and bid requirements, all effective on date of passage. Number 11. Councilor Stennett. Thank you, Mayor. One second. I found the motion. This is in regards to the resurfacing bond that we've issued a couple of weeks ago, and this is actually creating the budget. so it's amending it to create the actual accounts. So I move to amend ordinance number 11 on the docket for first rating to amend budget journal 68515-16 to add $13,050,000 in expenses for street resurfacing for the Division of Streets and Roads and Traffic Engineering. The funds for these expenses are offset by bond proceeds, which are already included in this budget journal. Second. Motion by Council Member Stennett. Second by Council Member Sadi. 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. Thank you, Mayor. Yes, sir. Thank you, Council Member Stanton. Madam Clerk, please continue when you are ready. Ordinance number 11 as amended, an ordinance amending certain of the budgets of the Lexington-Fayette-Irban County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 50. Number 12, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government for economic contingency appropriations as approved at work session April 23, 2013, and appropriating and reappropriating funds, Schedule number 52. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions? All right. If none, we can move on to the second reading of resolutions. Madam Clerk. Resolution number one, a resolution accepting the bid of Woodford Oil establishing a price contract for hydraulic oil for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Bluegrass Uniforms in the amount of $35,715 for powered air purifying respirators for the Division of Emergency Management 911. Number three, a resolution accepting the bids of Advanced Turf Solutions, Inc., Regal Chemical Company, John Deere Landscapes, Harrells, LLC, and Residex, LLC, establishing price contracts for golf course horticulture products for the Division of Parks and Recreation. Number four, a resolution accepting the bid of Gomard Scientific Company in the amount of $31,601.58 for Tetherless Patient Simulator for the Division of Emergency Management 911. Number five, a resolution accepting the bid of Premier Staffing Source Incorporated establishing a price contract for temporary labor for various divisions and authorizing and directing the mayor on behalf of the urban county government to execute any necessary agreement with Premier Staffing Source Incorporated related to the bid. Number six, a resolution accepting the bid of G&J Pepsi-Cola Bottling Company establishing a price contract for beverage products for the Division of Parks and Recreation. Number 7. appointments of James Sloan, Microcomputer Support Specialist, Grade 113N, in the Division of Computer Services, effective March 11, 2013. James Duff, Equipment Operator Senior, Grade 109N, in the Division of Streets and Roads, effective March 10, 2013. Casey Durham, Public Service Worker Senior, Grade 107N, in the Division of Streets and Roads, effective March 10, 2013. Michael Thomas, Public Service Worker Senior, Grade 107N, in the Division of Streets and Roads, effective February 27, 2013. Ratifying the unclassified civil service appointments of Tammy Liebenauer, CSEP manager part-time, grade 115N, $27 hourly in the Division of Emergency Management 911, effective April 25, 2013, and Glenn Brown, Deputy Chief Administrative Officer, grade 122E, $3,500 biweekly in the Office of the Chief Administrative Officer, effective March 4, 2013. Approving the voluntary demotion of Sam Williams from Director of Streets and Roads in the Division of Streets and Roads to Municipal Engineer Senior in the Division of Engineering effective April 8, 2013. Number 8, a resolution authorizing the Mayor on behalf of the Urban County Government to execute the designation of applicants agent resolution designating Cynthia A. Schuster, Administrative Officer Senior, Department of Finance, as the Urban County Government's authorized agent for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund. Number 9, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to the The Southland Association Incorporated, $50,000 at a cost not to exceed the sum stated. Number 10, a resolution authorizing an extension to the timeline for completion for the 2012 Sanitary Sewer Cleaning Program by Leak Eliminators, LLC, to May 5, 2013 at no additional cost to the urban county government. Number 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Newtown Pike 4th Street Sanitary Sewer Improvements Project at a cost not to exceed $35,100. Number 12, a resolution authorizing the Division of Water Quality on behalf of the Urban County Government to enter into an agreement with Delaney & Associates, a sole source provider, to purchase replacement parts for dewatering pump number two at Town Branch Wastewater Treatment Plant at a cost not to exceed $28,371. Number 13, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Amendment No. 1 to the engineering contract with Bell Engineers for the Blue Sky Pump Station and Force Main Project, increasing the contract price by the sum of $66,500 from $157,495 to $223,995. No. 14, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Hilton Lexington Downtown for the 2013 FEMA Chemical Stockpile Emergency Preparedness Annual Meeting that cost not to exceed $16,000. Number 15, a resolution authorizing the mayor on behalf of the urban county government to execute a letter of agreement with Lexington Air Traffic Control Tower for discrete transponder codes and radio telephony call signs for police aircraft. Number 16, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the memorandum of agreement with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Resolution No. 586-2012. Number 17. to execute and submit the 2013 Consolidated Plan grant application to the U.S. Department of Housing and Urban Development, to provide any additional information requested in connection with this grant application, and to accept the grant if the application is approved, which grant funds are in the amount of $3,104,232 federal funds, our for fiscal year 2014 Community Development Block Grant Program $1,993,717, Home Program, $945,596, and Emergency Solutions Grant Program, $164,919, the acceptance of which obligates the Irma County Government for the expenditure of $231,953 from various funding sources as local cash match and $435,950 in-kind match, authorizing the Mayor to transfer unencumbered funds within the grant budget and authorizing the Mayor to execute agreements for the approved plan. Number 19. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $857,300 federal funds are for continuation of the Chemical Stockpile Emergency Preparedness Program, CSEP, for fiscal year 2013, 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 change order number three to the contract with GRW Engineers Incorporated for the investigation and design of the expansion area 2A pumping station and force main, increasing the contract price by the sum of $37,840 from $462,350 to $500,190. Number 21, a resolution authorizing the mayor on behalf of the Urban County Government to execute an encroachment agreement allowing an encroachment on a utility easement on property located at 1676 McGrathiana Parkway. And number 22, 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 $350,400 FHWA planning, $48,400 Federal Transit Administration, Section 5303, $102,000 Mobility Office SLX, $54,000 Air Quality Planning SLX, $67,200 Congestion Management SLX, and $52,800 Bikeped Planning SLX Federal Funds are for the Division of Planning Unified Work Program Fiscal Year 2014, the acceptance of which obligates the Urban County Government for the expenditure of $65,700 FHWA Planning, $12,100 Federal Transit Administration, $25,500 Mobility Office SLX, $13,500 Air Quality Planning SLX, $16,800 Congestion Management SLX, and $13,200 Bike Ped Planning SLX as a local match subject to sufficient funds being appropriated in fiscal year 2014 and authorizing the mayor to transfer unencumbered funds within the grant budget. All right. Thank you, Madam Clerk. Is there a motion to approve? To approve. Motion by Council Member Stenet, seconded by Council Member Myers. Is there any discussion on the motion? Any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. This one will be a roll call, sir. Oh, it will be. Yes, ma'am. Thank you. I see that right in front of me. Madam Clerk, please call the roll. Mr. Myers? Yes, ma'am. Ms. Cutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Gordon? Aye. Mr. Kay? Yes. Ms. Lawless? Yes. And Ms. Massadi? Yes. Thank you. All right. Thank you, Madam Clerk. Vote reflects passage of the motion. Allows us to move on to resolutions for first reading. Whenever you're ready. Resolution number 23, a resolution accepting the bids of Disponet Service Company, Incorporated, Triton Services Incorporated, Finney Company Incorporated, Alpha Mechanical Services Incorporated, and Plumbing Systems Incorporated, establishing price contracts for plumbing services for the Division of Facilities and Fleet Management. Number 24, a resolution accepting the bid of MCM Demolition Incorporated in the amount of $26,500 for Secondary Digester Blend Tank Damaged Cover Demolition and Removal for the Division of Water Quality. Number 25, a resolution accepting the bid of Amtech, establishing a price contract for maintenance of outdoor warning sirens for the Division of Emergency Management 911. Number 26, a resolution accepting the bid of Black Hawk Enterprises, Inc., and Intelligent Transportation Services, Inc., establishing price contracts for digital switch and camera equipment for the Division of Traffic Engineering. Number 27, a resolution accepting the bid of Bush and Burchett, Inc., in the amount of $643,172.59 for the Grimes Mill Road bridge replacement at Boones Creek for the Division of grants and special programs and authorizing the mayor on behalf of the urban county government to execute an agreement with Bush and Birchett, Inc. related to the bid. Number 28, a resolution accepting the bid of Lexington Motor Group, LLC, doing business as bluegrass towing, establishing a price contract for towing services for the divisions of police and code enforcement, the Department of General Services, and the Parking Authority. Number 29, a resolution accepting the bid of ClearSpan Fabric Structures and International Incorporated in the amount of $123,045 for salt storage facility for the Division of Streets and Roads and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with ClearSpan Fabric Structures International Incorporated related to the bid. Number 30, a resolution accepting the bid of Woodford Excavation and Transport in the amount of $249,895.18 for Shillitoe Park construction of sports fields for the Division of Parks and Recreation and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Woodford Excavation and Transport related to the bid. Number 31, a resolution accepting the bid of Wood Connection LLC in the amount of $49,100 for conversion of stockroom to office space for the Division of Waste Management. Number 32, a resolution accepting the bid of Culcruth Roofing and Sheet Metal in the amount of $163,982 for roof replacement for the Phoenix Building for the Division of Facilities and Fleet Management and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Calcruth roofing and sheet metal related to the bid. Number 33, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Shamil Sadeg, Equipment Operator Senior, Grade 109N, 12.921 hourly, Kambale Soguswa, Equipment Operator Senior, Grade 109N, 12.770 hourly, and Timothy Mays, Equipment Operator Senior, Grade 109N, 12.770 hourly, in the Division of Waste Management, and Joseph Kipp, Public Service Worker, Grade 106N, 11.420, hourly in the Division of Parks and Recreation, all effective upon passage of counsel. Number 34, a resolution ratifying the probationary civil service appointments of Paula Williams, Human Resources Manager, Grade 119E, 2500.88 biweekly in the Division of Human Resources, effective April 8, 2013. Melissa Pauly, Information Systems Specialist Senior, Grade 114E, 1740.96 biweekly in the Division of Police, Effective April 15, 2013. Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of counsel. Ratifying the approved counsel leave for Barry Privet, Administrative Specialist, Grade 110N, in the Division of Police, 90-day counsel leave, effective April 9, 2013. Donald Langfills, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, 90-day counsel leave, effective April 15, 2013. Ratifying the unclassified civil service appointment of Caitlin Kearns, Staff Assistant Senior, Grade 108 N, 11.946 hourly in the Division of Parks and Recreation, effective April 22, 2013. Number 35, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with West Publishing Corporation for Westlaw Clear Information Search Services for collection efforts in the Division of Revenue at a cost not to exceed $3,300 in fiscal year 2014, subject to appropriation of funds. Number 36, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with medical compliance services for compliance and auditing services related to HIPAA at a cost not to exceed $7,200. Number 37, a resolution authorizing the mayor on behalf of the urban county government to execute a master service agreement with Time Warner Cable for high-speed Internet service at a cost not to exceed $16,706.40. Number 38, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Mary Beth Moore of Etobiano Paint Mayor, Sam's Showgirl, Sammy, for the equestrian program at Masterson Station Park at no cost to the urban county government. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Lexington Fayette County Health Department, which grant funds are in the amount of $479,952 federal funds, are for the Home Network Project at the Family Care Center, 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 40, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Montessori High School of Kentucky, $700, Bryan Station Baseball Booster Club, $500, Larry Gilbert, Dave Bunnell Foundation, $675, Trinity Hill Child Care Center Incorporated, $300, Repairers of the Breach Incorporated, Doing Businesses for Repairers Lexington, $950, YMCA of Central Kentucky, $800 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 41, a resolution authorizing the Mayor on behalf of the Urban County Government to execute facility usage agreements with various youth baseball leagues. Number 42, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to the Fountains at Andover Brookfield, LLC at a cost not to exceed $203,944. Number 43, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the National Council on Crime and Delinquency, which grant funds are in the amount of $33,134 federal funds, are for a Prison Rape Elimination Act project at the detention center, 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 44, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from the Citizen Police Academy Alumni Association of travel expenses for use by the motorcycle unit to travel to Police Memorial Week in Washington, D.C. at no cost to the urban county government. Number 45, a resolution changing the street names of 6291 Jack's Creek Pike to 6291 Old Jack's Creek Road and of 3454 Maddox Lane to 3454 Brilliant Lane, changing the property address numbers of 5925 Parker's Mill Road to 5954 Parker's Mill Road, of 3316 Buckhorn Drive to 3318 Buckhorn Drive, of 429 Georgetown Street to 431 Georgetown Street, and of 2499 Nicholasville Road to 2483 Nicholasville Road. And changing the street names and property address numbers of 5708 Versailles Road to 5924 Parker's Mill Road, of 1624 Old Paris Road to 139 East New Circle Road, of 1799 Battery Street to 2389 Patch and Wilkes Drive and of 127-129 North Limestone to 101 West Short Street, all effective 30 days from passage. Number 46, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the 4th and Jefferson Signalization Project at a cost not to exceed $4,000. Number 47, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the fiscal year 2011 Metropolitan Medical Response System, MMRS, project through December 31, 2013 at no cost to the Urban County Government. Number 48, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement releasing a temporary pump station easement on property located at 2108 Stedman Way. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a partial release of easement, releasing a portion of a drainage easement on property located at 821 Lockmere Place. Number 50, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Davie Resource Group for an urban tree canopy survey and planting plan at a cost not to exceed $42,300. Number 51, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract agreement with Red River Ranch LLC for composting services for yard waste and organics at Haley Pike Composting Facility at prices not to exceed those submitted in response to RFP 4-2013. Number 52, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Commonwealth of Kentucky, Office of the Governor, Department for Local Government, for acceptance and administration of grants funds for the Lexington Downtown Redevelopment Project, Web Arena, in the amount of $2,500,000, the acceptance of which obligates the Urban County Government for the expenditure of $2,500,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Lexington Center Corporation for the administration of funds and the management of the Lexington Downtown Redevelopment Project, WEP Arena, at a cost not to exceed $2,500,000 in fiscal year 2013 with future funding contingent upon grant and or appropriation by council. Number 54, a resolution amending Resolution No. 288-2011 as previously amended by Resolution No. 117-2013 to change the period of time for the local incentive provided to Tempur-Pedic International Incorporated and its approved affiliates to five years. Number 55, a resolution amending Section 1 of Resolution No. 146-2013 correcting the salary of Vina Taylor or Telecommunicator Grade 111N from 16.438 hourly to 17.401 hourly in the Division of Emergency Management 9-1-1 effective April 11, 2013. Number 56, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to James Smucker, LLC at a cost not to exceed $350,000. Number 57, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to Lexington Habitat for Humanity Incorporated at a cost not to exceed $148,169. Number 58, a resolution authorizing the expenditure of an additional $1,380,023.54 in order to complete the paving schedule for fiscal year 2013 with work to be performed by LM Asphalt Partners doing business ATS construction. Number 59, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with Food Chain $250 for the office of the Irving County Council at a cost not to exceed the sum stated. Number 60, a resolution adopting the Council's April 23, 2013 Fund Balance Worksheet as the planned basis for the use or expenditure of these funds by the urban county government. Number 61, a resolution initiating various zoning ordinance text amendments to allow greater flexibility to the use of mobile food unit vendors as accessory uses in the wholesale and warehouse business B4 zone, industrial I1 and I2 zones, and the economic development AD zone. Number 62, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multiway stop controls at the intersection of McDonald Avenue and Hiltonia Park. And number 63, a resolution amending Section 2.201 of Appendix A, Rules and Procedures of the Lexington Fayette Urban County Council, providing that the chair of a standing committee shall only recognize the number of council members not on the standing committee as are necessary to constitute a quorum, providing the types of procedural actions that shall take place in the absence of a quorum and establishing a time limit to obtain a quorum. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions? Council Member Beard. Thank you, Madam. I move to suspend the rules and give second readings to number 52 and 53. It's a motion by Council Member Beard. Numbers 52 and 53. Is there a second? Second. Second by Council Member Ellinger. 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, wait a second, I lost my, Council Member Stennett. Thank you, Mayor. I move to spin the rules and give a second reading on number 29, 32, and 58. These are all projects that will allow them to move forward. Thank you. I'm sorry. 29, 32, and 58. 29, 32, and 58. Is there a second? Second. Second 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 indicate by saying aye. Aye. Opposed, no. Motion carries. Vice Mayor Gordon. Thank you, Mayor. The number 63 is our council quorum issue. I move to suspend the rules and give it second reading. Second. Motion by Vice Mayor Gordon, second by Council Member 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 Akers. Thank you, Mayor. I move to suspend the rules and give second reading to number 59. Motion by Council Member Akers, second by Council Member Ellinger on number 59. Is there any discussion on the motion? All right. Hearing none, then we take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. In the absence of any further motions for suspending the rules, I will ask the clerk to please. Oh, Linda, thank you. Number 33. Thank you. It's the conditional offer. All right. We have a request for a motion on number 33. Move to suspend the rules and give 33-second reading. Motion by Vice Mayor Gordon, second by Council Member Stennett on number 33. 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. Any more? Any more? All right. Going, going. Oh, wait a minute. Vice Mayor, Vice Mayor. Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give second reading to number 40. Motion for number 40 by Vice Mayor Gordon. Is there a second? Second. Second by Council Member Ellinger. 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. All right. Looks like that's all the requests, all the motions. So, Madam Clerk, when you're ready, please give us a second to read. Number 29 for a second reading. A resolution accepting the bid of ClearSpan Fabric Structures International Incorporated in the amount of $123,045 for salt storage facility for the Division of Streets and Roads and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with ClearSpan Fabric Structures International Incorporated related to the bid. Number 32. A resolution accepting the bid of Colcruth Roofing and Sheet Metal in the amount of $163,982 for roof replacement for the Phoenix Building for the Division of Facilities and Fleet Management and authorizing the Mayor on behalf of the Irving County Government to execute an agreement with Colcruth Roofing and Sheet Metal related to the bid. Number 33 A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Shamil Sadeg, Equipment Operator Senior, Grade 109N, 12.921 hourly, Kumbali Sankuswa, Equipment Operator Senior, Grade 109N, 12.770 hourly, and Timothy Mays, Equipment Operator Senior, Grade 109N, 12.770 hourly, in the Division of Waste Management, and Joseph Kipp, Public Service Worker, Grade 106N, 11.420 hourly, in the Division of Parks and Recreation, all effective upon passage of council. Number 40. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Montessori High School of Kentucky, $700. Bryan Station Baseball Booster Club, $500. Larry Gilbert, Dave Bunnell Foundation, $675. Trinity Hill Child Care Center, Inc., $300. Repairers of the Breach, Inc., Doing Businesses Repairers Lexington, $950. YMCA of Central Kentucky, $800 for the Office of the Urban County Council. It costs not to exceed the sum stated. Number 52. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Commonwealth of Kentucky, Office of the Governor, Department for Local Government, for acceptance and administration of grants funds for the Lexington Downtown Redevelopment Project, WEP Arena, in the amount of $2,500,000, the acceptance of which obligates the Urban County Government for the expenditure of $2,500,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 53, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Lexington Center Corporation for the administration of funds and the management of the Lexington Downtown Redevelopment Project, Rupp Arena, at a cost not to exceed $2,500,000 in fiscal year 2013, with future funding contingent upon grant and or appropriation by council. Number 58, A resolution authorizing the expenditure of an additional $1,380,023.54 in order to complete the paving schedule for fiscal year 2013 with work to be performed by LM Asphalt Partners doing business's ATS construction. Number 59 A resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Food Chain $250 for the office of the Urban County Council at a cost not to exceed the sum stated. And number 63 A resolution amending Section 2.201 of Appendix A, Rules and Procedures of the Lexington-Fayette Urban County Council, providing that the chair of a standing committee shall only recognize the number of council members not on the standing committee as are necessary to constitute a quorum, providing the types of procedural actions that shall take place in the absence of a quorum and establishing a time limit to obtain a quorum. Thank you, Madam Clerk. Is there a motion to approve? Second. Motion by Councilmember Myers, second by Councilmember Stennett. Is there any discussion on the motion? All right. Hearing none, then I will ask the clerk to please call the roll. Mr. Myers? Yes, ma'am. Ms. Scotchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Gorton? Aye. Mr. Kaye? Yes. Ms. Lawless? Yes. And Ms. Massadi? Yes. Thank you. Thank you, Madam Clerk. The vote reflects the passage of the motion, which allows us to move on to communications from the mayor for information only. Is there a motion to approve? Second. Motion by Councilmember Akers, second by Councilmember Myers. Council Member Myers, 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. The floor is now available for announcements by any Council Member. Excuse me. Maybe just two. All right. Council Member Beard. Thank you, Mayor. I move to place on the docket for the May 2, 2013 Council meeting an ordinance amending Article 5-1A of the zoning ordinance to provide for right of entry and administrative warrants related to zoning enforcement. Second. We have a motion and a second. Is there any discussion on the motion? Vice Mayor Gordon. Mayor, in the past, we have not allowed motions to be placed on the docket unless we have the docket, which should come Tuesday when we usually do our docket. I mean, unless you're going to walk it on tonight. Well, I guess I am walking it on tonight. The motion said May the 2nd. So normally it would be done Tuesday when the docket's in front of us, correct? Well, yeah. I mean, that's the way it normally is. I'll ask. We can wait. I assume we do. I don't know if we're, is this a, this is something that kind of appeared on my desk. I don't know why it fit me. That's fine. Is this an issue that falls within a distinction and a difference? Council Member Stennett? I was just going to say, this motion is actually coming out of a report out on Tuesday. Bill Farmer, Council Member Farmer, will be reporting this out. Oh, okay. We may need to wait until Tuesday so he can do the report out. So it would be related to that. I wasn't real sure why I got it anyway, Dave. All right, okay. So you're willing to withhold it until Tuesday. Is that what I'm hearing? Council Member Beard, all right, sir? So the motion withdrawn and the second withdrawn. Is that all right, Council Member Lawless? All right. All right. Any other Council members? Council Member Myers and then Vice Mayor Gordon. Thank you, Mayor. I'll try to be brief. But as you all know, we had the green skate for Earth Day last weekend, and we've got a few pictures from the event that I wanted to put up and just give a thank you to several people that helped put that on. So the green skate for Earth Day 2013 was presented by Friends of the Skate Park with WRFL 88.1 and the UK Snow Cats. Photographs that you see here were provided by, courtesy of a local photographer, Jenna Justice of UME Photography. And I'd like to thank the following businesses and organizations for their contribution to the event. Friends of the Skate Parks, WRFL, University of Kentucky Snow Cats for all their hard work and their volunteers. Cosmic Rocks, the Lexington Parks and Recreation, Lexington Department of Environmental Quality, and Public Works. Of course, the Lexington Police Department who gave us the escort. That picture right there, if you could freeze that one just for a second, it's kind of hard to tell, but that pipe is about three inches in diameter. And these guys were skateboarding over it. He rode a bicycle. This time you see the front wheels off of it, but before he rode all the way up over that thing, which I don't even know how you have the guts to even approach that. But it was some of the phenomenal stuff they were doing there. And then the Lexington Police Department, L81, Pachinis, Whole Foods, Quicksilver Foundation, CD Central, Morris Bookshop, Smiley Pete Publishing, and to-do.com, and all who graciously contributed to the event and then also came out and took part in the event. Thank you very much. Thank you, Mayor. Thank you, Council Member Myers. No other Council Members have signed up for announcements, which allows us to move to public comments. and I have Mr. Bernard McCarthy signed up. Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I want to say that I think spending all this money to redo Rupp Arena is wasteful of our tax money. you definitely should not be tearing down other parts of the civic center that are currently attached to it. I think it works better having everything under one roof. I also think anybody tearing down a building that is younger than I am is rather wasteful. and considering Rupp Arena and the whole Civic Center complex was still under construction when I first arrived in Lexington, fall of 1974, yeah, I haven't died of old age yet, so you shouldn't be tearing down a building that young and you shouldn't be spending money redoing it until you pay off all the debts connected to its original construction and the past remodelings, and you definitely should not rip out any of our existing streets or shrink them in any way, whatever you do with the Civic Center. We need to keep the Jefferson Viaduct. We need to keep the other streets that surround it, and we need to keep at least as much parking space as they have now. And I do want to point out, I know some of you hate cars, but I want to point out, Lex Tran doesn't haul firewood, Greyhound doesn't tow camping trailers. In other words, no matter what kind of transit you beef up, nothing you do is going to eliminate the need for me to own a vehicle of my own. Thank you, Mr. McCarthy. All right. Anyone else signed up? Mr. Mundy, that's it? All right. All right. That allows us then to move to an adjournment. Is there a motion? We have a motion by Vice Mayor Gorton. Is there a second? Second by Council Member Akers. Unless there is an objection, we are adjourned. Thank you.