We need to call the meeting to order because we have a lot to do tonight and first is a I'll ask the clerk to please call the roll. Mr. Ellinger here Mr. Farmer here Mr. Ford here Miss Gorton here Miss Henson here Mr. Kay here Mr. Lane here Miss Lawless here Miss Massadi Mr. Myers Miss Scutchfield here Mr. Stinnett Ms. Akers Mr. Beard and Mr. Clark I'm here Thank you Alright, thank you Madam Clerk and next on our agenda tonight is we will have a moment of silence for our invocation if I ask everyone to please stand for a moment of silence All right. Thank you. Thank you. Tonight we have three scheduled presentations and one surprise presentation. So I am going to head down to the podium, and in just a minute I will ask Vice Mayor Gordon to join me for a Friends of the Dog Park presentation. All right? But first you see coming up front the Kentuckians course, the Barbershop Harmony Week, and I'm going to come. Oh, they're coming. Oh, they're saying and there's a present take. Do the good one this way. Yay! Getting serenading. Damn, I made a party. You're alive. All right, Jim Lyon. So I'm just speculating from back here that there's going to be one song, right, that's going to be presented to the council. Okay, and then one to the audience. All right. All right, now let me give a little bit of a preview here. first okay there are 40 or so members of the Kentuckians course here with us tonight members of the barbershop harmony society this year the barbershop harmony society is celebrating its 75th anniversary and we want to all offer our hearty congratulations to course president Jim Lyon and to the Kentuckians Chorus. And first things first, before we have the honor and the joy of experiencing and celebrating with you and enjoying the harmony, we want to present Jim and the chorus with this proclamation, which says, Kentuckians Chorus Day. In recognition of the Kentuckians Chorus, members of the Barbershop Harmony Society, which this year is celebrating its 75th anniversary, I do hereby proclaim June 20, 2013 as Kentuckians Chorus Day in Lexington. All right. And we have been patiently waiting. Yes. The only girl I care about has gone away Looking for a brand new star A little does she know that when she left that day Along with her she took my heart Pray please tell me now does that seem fair For her to steal my heart away when she don't care I can't love another with my heart somewhere far away The only girl I care about has gone away Looking for a brand new star A little blessing of her when she left that day Along with her she took my heart Rain, won't you tell her that I love her so? Please ask the sun to set her heart up low Rain in your heart and let the love renew, start to grow Listen to the rhythm of the fallen rain Telling me just what fool I've been I wish that it would go and let me cry in vain And let me be alone again And let me be alone again And let me be alone Again Bitter-batter Bitter-batter Bitter-batter Bitter-batter Bitter-batter Bitter-batter Listen to the rhythm of the rain All right! Just leave us alone. It's over. Alfie, you take your hand. Oh, that's great. Oh, that's great. Oh, that's great. oh i need the whole thing thank you sir you're good Now don't turn your mics on. I was walking along, minding my business, went out of an orange colored sky. Flash, bam, alakazam, wonderful you walk by. I was one and a two, three, in sunshine, went out of an orange-colored view. Wham! Bam! Alakazam! I got a little look at you. One look, and I yelled, two, watch out for flying class. You see the thunder in the pond's belt on, I went into a spin, and I started to shout, This is it, this is it, this is it. I was walking along, minding my business, when love came and hit me in the eye. Flash, bam, alakazam, out of an orange colored purple striped great big polka dot sky. I flash them out of your zen and goodbye. Goodbye. Wow. Hey, guys. Hey, guys, this is completely off script. But you all have created such enthusiasm and uplifting spirits. There is one of our council members who is having a birthday today. Council member Peggy Henson. What about it? What about it? Oh, my goodness. Happy birthday to you. Happy birthday to you. Happy birthday dear Katie. In Linda and Linda. Happy birthday to you. Happy birthday. Amen. That was great. Now don't run off. Don't run off yet. We got one more. One more special. we got one more special presentation stay right there alright would Beverly Fortune please come up here Beverly okay some of us know that Beverly's last month as a daily reporter has arrived and we are going to miss her and we have a little commemoration for Beverly and I'm going to read it. Now often, Council, we don't always read this, but tonight we're going to read it. Whereas Beverly Fortune has been a reporter at Lexington's newspapers since 1965 and most recently as a city hall reporter. And whereas girl reporter, as she refers to herself, is leaving the world of daily journalism at the Herald-Eater and setting off on new adventures, which, with Beverly involved, are sure to be interesting and just plain fun. And whereas Beverly has done an extraordinary job covering City Hall, factoring in the politics, but filtering out the bureaucratic jargon and writing about issues that are important to citizens in just everyday language. and whereas Beverly is equally at home writing about bluegrass socialites, sanitary sewers, derby cuisine, and of course her personal favorite, city budgets. So whereas the Urban County Council and I join together in thanking Beverly for her unwavering enthusiasm and support for our city and wish her well whatever the future brings. So therefore, I, Jim Gray, Mayor of Lexington, on behalf of all Fayette Countians, commemorate the many accomplishments of Beverly Fortune and declare today, June 20, 2013, along with Kentuckians Chorus Day, is Beverly Fortune Day in Lexington. All right. Oh, I love that. I am in love with you. Let me hear you whisper that you love me too. One of my feet. Keep the love life glowing in your eyes so true. Let me call you, sweetheart, I'm in love with you. For I love you truly. I've been loved, in love with you So in love with you Thank you Okay, now we get a picture with all of y'all and the council. And Beverly, come on up here. Oh my God, never. Come on up here. And we got two plaques. Jim. Jim. Here's y'all. Here we go. Oh, maybe you're okay. All right, guys. Everybody looks this way. We're going to talk about three shots. Here, hold that. All right. One more for good life. Very nice. Hold that, guys. And one more time for the party. Thank you. Thank you. Thank you. Thanks, Ian. Mayor. Good luck to you. When did you have that? Sure. Where's that? Northwest. I think it's Chris Ford's now. Mayor. Mayor. Okay. Mayor. now the vice mayor has us mayor I just want by way of thanking the Kentuckians chorus council member Farmer on the screen you'll see the Kentuckians chorus Saturday June 22nd 7 30 p.m. at Lexington Opera House cloudy with a chance of singing gentlemen thank you very much good luck thank you council member Farmer for that reminder yep good promotional message there all right thank you all again all right now vice mayor Gordon has a special surprise tonight all right Linda come on up tell us about it thank you mayor as you know friends of the dog park have worked hard for about 14 years now to raise money for our city dog parks to help build them. And tonight, the president, Janet Cowan, and the treasurer, Shannon Hutchinson, and Vice President Sally Dodd are here to present a check for $23,202 to the mayor. I guess they'll present it to the mayor. I don't think Mr. Hancock could be here. But this is what helps build our dog parks is private donations. And we're so proud of the work that everyone does to bring this in and help build them. So if you'll all come forward with the big check. And you're also presenting it to the council because they'll accept it tonight in our business. Thank you. So, come on. Yeah, okay. Well, we've all enjoyed this, working with the parks, and I couldn't thank Jerry and Chris and Mark Morgan and Brian Rogers enough, and, of course, Linda. And we were going to sing, you know, how much is that doggie in the window, but they sort of, you know, got our thunder. So just with this check, we have now provided the city with $125,000 and some cents. So, you know, a small group can do a lot. Thank you. I'm so glad. I wonder where all these, where does all the film go? Thank you. Very nice lady. Thank you. Thank you very much. I dare you. Okay. Thank you, Vice Mayor Janet. Thank you all. Thanks, ladies. Thank you all so much. All right, now I'd like to ask Council Member Jennifer Massadi to join me down here at the podium. And also Leah Wedland. Is Leah? Council Member Clark. And Council Member Clark, too. Yes, that's right, District Cross. That's right. So Leah just graduated from Paul Lawrence Dunbar, and she is a Siemens Foundation honoree for outstanding achievements in math and science. Tonight we are recognizing her as a Henry Clay ambassador. Congratulations, Leah. And also Council Member Massadi has a little more background on Leah and this remarkable and her remarkable achievements. Thank you, Mayor. Thank you, members of the council. I'd like to introduce Leah Wadland this evening. Leah is a graduate of Paul Lawrence Dunbar High School in Lexington. She, along with her parents, Shilin and Paul, they're seated in the back of the room, and her guidance counselor, I think, is here, or maybe not, Dina Smith, are also here with us this evening. Leah is among the 49th class of U.S. presidential scholars this year, one of the nation's most prestigious honors recognizing high school students' accomplishments in academics and the arts. In addition to the Siemens Foundation being recently recognized, Leah, as one of only two students in Kentucky, is recognized for their high achievements in the College Board's advanced placement program courses and exams. Leah also earned a perfect score on her ACT and a nearly perfect score on her SAT. She also scored a five on all seven of her AP exams. The Siemens Awards for Advanced Placement Awards college scholarships to students from each of the 50 states who have earned the greatest number of scores of five on exams. Each state potentially has two winners, one male and one female, and we are delighted, extremely delighted, that Leah was chosen the female winner this year for Kentucky. Leah and her fellow scholars will interact with government officials, educators, authors, and musicians, scientists, and other luminaries this summer in Washington, D.C. And Leah is on her way to Harvard, from what I understand, to continue her remarkable academic achievements. So Leah, we'd like to wish you all the best for the future, present you the Henry Clay Award, and have you say a few words, if you don't mind. Thank you so much. First of all, I'd just like to thank all of you so much for inviting me here and for taking the time to recognize me. I'm incredibly honored and humbled by the opportunity to meet all of you very important people. And I do have something to confess now that I'm standing up here. A lot of the reason that I'm here has nothing to do with my own actions. I'm able to be here today because of two fantastic people who are sitting over there. my mom and my dad have been instrumental in my so much more than just my academic or extracurricular success not only did they spend thousands of hours maybe even millions of hours driving me to and from countless activities soccer games in the snow and resisting the urge to throw in earplugs while I was learning to play the trumpet they did all of that while providing a steady stream of support and encouragement and I don't know how many of you have lived with a fourth grader learning to play a brass instrument, but it is incredibly difficult to find something encouraging to say instead of kicking them out to go practice in someone else's house, and it takes the strength of will that I can only hope to one day attain. So, Mom, Dad, thank you for giving me every opportunity, for shaping the person who I am today, and for doing everything in your power to give me this possibility. I would also like to thank all of my teachers and my counselors. For 12 years, I've been blessed to have a stream of the most dedicated and gifted educators, and they've been there for me to stay after school and teach me math, come before school to help me with more organic chemistry, to write the last-minute college and scholarship recommendations that I needed, and they've done it with a patience and a grace that I hope I can one day display. So I wish I could thank everyone personally who has helped me get to this point, but I have a feeling you guys want to go home tonight. So suffice to say that I'm incredibly grateful to all of you, and thank you for this opportunity and for everything you've done to motivate and encourage me let's get a picture okay all right mom and dad yeah let's get a picture up here mom and dad and Leah with the council members, right like we were doing just before. Thank you. Thank you. Excuse me. So we'll be in fact, come on. We're not going to turn the police. We're not going to turn the police. If you're worried about the kids, they're all probably going to ask. They're all going to ask. We have, I think, three of our council members are being honored tonight in an event. They're going to need to leave shortly and then return, I'm told. And in order to facilitate some of our business tonight, I'm going to ask the Vice Mayor for a motion to separate out the budget and perhaps read it first. Thank you, Mayor. Yes, I move to separate out number, that would be number five, wouldn't it, Susan, the budget and give it a second reading first. So a motion by Vice Mayor Gordon, second by Council Member Myers. 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. So, Madam Clerk, when you are prepared, if you'll please give a second read on item number five. Ordinance number five, an ordinance appropriating the revenues, expenditures, expenses, and enter fund transfers for the General Services District Fund, the Tenant Relocation Fund, the Full Urban Services Districts Fund, the Police Confiscated Federal Fund, the Police Confiscated State Fund, the Public Safety Fund, the Municipal Aid Program Fund, the County Aid Program Fund, the Mineral Severance Fund, the Coal Severance Fund, the Miscellaneous Special Revenue Fund, the Police Confiscated Treasury Fund, the FY 2014 Bond Projects Fund, the Sanitary Sewer Revenue and Operating Fund, the Sanitary Sewer Construction Fund, the Lexington Fayette-Urban County Government Public Facilities Corporation General Fund, the Lexington-Fayette-Irban County Government Public Facilities Corporation Parks Projects Fund, the Water Quality Management Fund, the Landfill Fund, the Right-of-Way Program Fund, the Extended School Program Fund, the Prisoner's Account Fund, the Enhanced 9-1-1 Fund, the Lexington-Fayette-Irban County Government Public Library Corporation Fund, the City Employees Pension Fund, the Police and Fire Retirement Fund of the Lexington-Fayette-Irban County Government, the Medical Insurance Fund, the Property and Casualty Claims Fund, and the reallocation of bond projects funds on a divisional level by four controls levels for the fiscal year ending June 30, 2014 for the Lexington-Fayton-Irban County Government and its agencies and instrumentalities, approving and adopting the capital improvement program for fiscal years 2014 through 2019 as a portion of the fiscal year 2014 annual capital improvements budget, and approving funding for the Lexington-Fayton-Irban County Tourist and Convention Commission from the transit room tax said funding to equal 99.5% of the revenue from the tax. Thank you. Thank you, Madam Clerk. Move approval. Motion to approve. Is there a second? Second. Second by Council Member Masati. Is there any discussion on the motion? All right. Hearing none, then we can ask for a roll call by the Clerk. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Mr. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard. Aye. And Mr. Clark. Yes. Thank you. All right. The vote reflects passage of the motion. Looks like we have a budget. Thank you all. Right here, present and counting for it. I don't think we've got it here tonight. All right. Madam Clerk. But first, let me recognize Council Member Siobhan Akers. Thank you, Mayor. I move to amend ordinance number one, two, no, or one. The mobile food unit vendor pilot program scheduled for second reading to make the following changes. These changes are material and a new first reading of the ordinance is required. to amend subsection 3C1 to remove approval of the zones by the Lexington Fayette County Parking Authority, to amend subsection 3C1 to change to allow for lawful operation within the on-street food vending zones at metered parking spaces from 7 a.m. to 5 p.m. Monday through Friday, to amend subsection 3C1 to replace the on-street food vending zones with the six zones adopted by the Lexington Fayette County Parking Authority, the 100 block of East High Street between the intersections of South Lime and South Martin Luther King Boulevard, the 200 block of West High Street between the intersections of South Upper Street and South Mill Street, the 300 block of North Martin Luther King Boulevard between Constitution Street and Wycliffe Street, the 200 block of East Corral Street between Martin Luther King Boulevard and Spruce Street, the 200 block of West Vine Street between the intersections of South Broadway and South Mill Street, and the 100 block of West Vine Street between the intersections of South Mill Street and South Upper Street. Number four, to amend subsection 3C2 to allow for lawful operation between the hours of 5 p.m. and 3 a.m. Monday through Friday in on-street parking areas where it is otherwise legal to park. Five, to amend subsection 3C to add a new subsection 3 to allow for lawful operation between the hours of 7 a.m. and 3 a.m. Saturdays and Sundays in on-street parking areas in which it is otherwise legal to park. Sixth, to renumber the portion of subsection 3C2 dealing with location restrictions to subsection 3C4 and to remove the phrase unless separated by a public street or roadway. Seven, to amend subsection 3G to provide for a fine, not C$250. So moved. Second. Motion by Council Member Akers, second by Council Member Henson. Is there any discussion on the motion? The floor is available for discussion on the motion. All right. There is no hearing none. Council Member Lawless. I guess I'll wait until after. I do think we need to discuss it, but I assume that would be at the end of the first readings. Could be. All right. There's plenty of time. All right. Hearing none, then we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. That allows us to move to continue with second reads. Oh, no, no, no, no, no, no. Sorry. We need to first read on that. Madam Clerk. All righty. I'll give ordinance number one a new first reading as amended. An ordinance establishing a six-month limited pilot program for certain mobile food unit vendors to lawfully operate in designated street parking areas and providing for licensing compliance with ordinance and program requirements, food vending zones, hours of operation, insurance, and a fine not to exceed $250 for each violation, all effective upon date of passage. All right. Thank you, ma'am. Now we can move ahead with... You would like for me to go ahead and read second reading? We have a councilman Rakers. i would like to postpone second reading until the return of our three colleagues at the hrc meeting tonight okay so you got a we've gotten a first read so you would need to suspend the rules in any event to give it a second reading tonight oh okay so she can do that she doesn't have to do anything right now can just can do it later all right um councilman lane I'm showing that you have a yes sir all right wait wait wait just a second that's so we have three wait just a second yeah let's go to number two madam clerk why don't you go ahead with reading of number two and then council member Lane has a motion on number three ordinance number two for second reading and ordinance amending article five of zoning ordinance in Article 4 and 6 of the land subdivision regulations to account for changes required by the new Lexington-Fed Urban County Government Capacity Assurance Program Urban County Planning Commission. All right. Thank you. Council Member Delaney. Thank you, Mayor. I hereby move to table ordinance number three under second reading of ordinances, which relates to a cost of living increase for the city employees' pension fund and to place it into the august 27th 2013 budget and finance committee meeting for further discussion and the rationale for this motion is the decision to raise the cost of living could set a bad precedent for other city pension funds the request for this increase is based on the amount of money available in the fund and not an actual change in the cost of living metrics. According to Social Security, the cost of living increased 1.7 percent in 2002, and that was the applicable increase in the cost of living for year 2013. Raising the COLA increase from 5 percent to from the 3 percent currently being paid, I think it's not a best practice. And then I think my final thought on this is that the value of the investments could decline substantially in the future. The stock market today declined 353 points, which was 2.34 percent declining the value of the market. And those types of increases could affect the future value of the fund. So move on this motion. Thank you. All right. It's a motion by Council Member Lane to table. Is there a second? Second. Second by Council Member Ellinger. Motion to table is not debatable. So I will ask for a vote. All in favor of the motion to table, please indicate by saying aye. Aye. All opposed, no. No. All right. Then let's take an electronic vote on it, please. All right, the motion to table fails. All right, Madam Clerk, please proceed. Ordinance number 3. An ordinance submitting subsection 6-53B2 of the Code of Ordinances relating to the City Employees' Pension Fund to increase annual cost of living increases from 3% to 5% effective July 1, 2013. Would you like for me to continue, sir? Pardon? Continue giving second readings. Yes, please. Number four and seven. Thank you. Please. Number four for second reading, an ordinance admitting certain of the budgets of the Lexington-Fade-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 55. Number six, an ordinance admitting certain of the budgets of the Lexington-Fade-Urban County Government to reflect current requirements for funds and the amount of $3,200,000 for the police and fire pension fund based on the rate approved at the June 2013 Police and Fire Pension Board meeting and appropriating and reappropriating funds Schedule No. 57. Thank you. There's a motion to approve by Council Member Henson, seconded by Council Member Akers. Is there any discussion on the motion? Any discussion on the motion? As chair, I want to make an observation regarding the ordinance number three. I also chair, as mayor, my role is also to chair the city employees pension fund. I share the sentiments that Council Member Lane reflected in his motion to table. It is a very difficult issue. Many of the members of the City Employees Pension Fund are older citizens or older retirees of our government. However, the points that Council Member Lane made were the same points that our Human Resources Director, John Maxwell, made. And the precedent that this represents is really directly in conflict with the pension reform that we have just undertaken. that was the reason that i voted against the motion in the the board meeting and mr maxwell also voted against the motion in the board meeting council member henson was not available that day she too is a member of the board and Mr. O'Mara was not available. So this reflects a challenging situation that the Council is acting on. But in my view, as sympathetic as I can be to the interests, it was not an appropriate or consistent with the challenges that we have been facing as a city in any of the issues that we've been dealing with. All right. So now we have a motion. I think this has precipitated discussion. Council Member Henson. Thank you, Mayor. And although I very much respect your opinion, Mayor, and understand what our state is going through as far as pensions, what our police and fire pensions have been going through. I just see this as being a very different situation. All of the employees are retired. It's a closed fund. And I do think that this could be lowered in the future if we found. but it can support this increase and more. And I just feel that those city employees are entitled to this money. So thank you, Mayor. Council Member Myers. Thank you, Mayor. I would just move to separate this out from the rest of the motions. Second. It's a motion by Council Member Myers to separate on account to the vote, right? Yes, sir. To separate for the vote. Second by Council Member Ellinger. Is there any discussion on the motion to separate? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Lawless. Yes, given the amendments that were offered on number one, I was wondering if it would be okay if we separated that out and waited until the rest of our colleagues are here. unless someone makes a motion to suspend the rules at some point in time you will not do anything else on number one tonight it's it's not on for second read we're on it's that was the first read so the whole thing's a first read okay thank you all right all right then um madam clerk we can proceed to call the roll? What am I missing? Just so I'm understanding that you want to do this vote, that motions on the floor now is for number three that was made by Ms. Henson and Ms. Akers? No, there was a vote to separate the vote on number three. Yes, sir. Prior to that, there was a notion to approve the second reading ordinances by Ms. Henson and Ms. Akers. And so... I didn't hear a motion to... Maybe I missed it. Was there a motion to suspend the rules for a second read on... No, there was no motion to suspend the rules yet on number... The motion was to approve the second read on all. Yes, sir. so just take a vote on number three and then we'll take a vote on the rest thank you okay great okay just so i make sure i know which votes you're rich thank you so much so this is a we're now voting on number three number three mr ellinger no Mr. Farmer is absent. Mr. Ford? Yes. Ms. Gorton is absent. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? No. Ms. Lawless? Yes. Ms. Mazzotti is absent. Mr. Myers? No. Ms. Scutchfield? No. Mr. Stennett? No. Ms. Akers? Yes. Mr. Beard? No. And Mr. Clark? Yes. Does that reflect the tie? Yes. All right. No. You need eight votes to pass something anyway, so it fails with the 6-6. All right, so it doesn't require then? No action is required. All right. Okay. All right, then that allows us to move on to the second read on the remaining ordinances. I believe a motion would be appropriate since they've been given second reading already. Motion to approve by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. No, that's just to approve. I need to do a roll call on that, please, sir. Okay. Thank you. Thank you. And this is for ordinances number 2, 4, and 6, I believe. 2, 4, and 6. Yes, ma'am. Mr. Ellinger. Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Mr. Akers? Excuse me, Ms. Akers? Yes. All these genders. Mr. Beard? Aye. Mr. Clark? Yes. Thank you. All right. The vote reflects passage on the motion, which allows us to move on to ordinances for first reading. Madam Clerk, when you're ready. Mayor Gray if I can can I speak just quickly before she gives first reading to the ordinance yeah go ahead Council Member Ford I have a question in regards to ordinance number three in regards to the pension fund and I have a question in regards to reconsideration and I have I like to ask the advisement of the attorney present. We had three council members that are absent, and we hope that they will return safely to the chambers. I understand that if they have to, in the case of a reconsideration, the prevailing side would have to bring it forward, but in this instance, where it's 6-6 with three absences, is that an option? The prevailing side would be the side that voted no on it in this particular case, so someone on the side that voted no would have to bring back up. Thanks for the clarification. Thank you, Mayor. Thank you, Council Member Ford. Madam Clerk, whenever you're ready. Ordinance number 7. For first reading, an ordinance change in the zone from a neighborhood business B1 professional office P1 single family residential R1E and high density apartment R4 zone to a planned shopping center B6B zone for 3.1462 net, 3.6588 gross acres for properties located at 704 Euclid Avenue and 408, 412, 416 and 420 Marquise Avenue, including dimensional variances, Kroger Limited Partnership 1, Council District 3, number 8. An ordinance change in the zone from a planned neighborhood residential R3 zone to a townhouse residential R1T zone for 1.57 net, 1.64 gross acres for property located at 835, 836, 848, 849, and 856 Derudy Street and a former railroad parcel with no address including dimensional variances, Urban County Planning Commission, Council District 3. Number 9, an ordinance authorizing the mayor on behalf of the Urban County Government to accept a donation of water fountains and dog bowls from the Friends of the Dog Park, Incorporated for Coldstream and Masterson Station Dog Parks. Number 10, an ordinance amending subsection 12-5C of the Code of Ordinances relating to nuisances to prohibit vegetation interfering with vehicular traffic within the public right-of-way. And number 11, an ordinance admitting 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 1. Thank you, Madam Clerk. Council Member Lawless. Yes, I have a walk-on for a first reading. of an ordinance. Go ahead. I move to add to the docket a motion to amend subsection 16-3 of the Code of Ordinances related to garbage and trash collection. So moved. Second. It's a motion by Council Member Lawless, second by Council Member Kaye. Is there any discussion on the motion? Councilmember Stenet, question. Thank you, Mayor. Have these properties been paying the garbage tax? Have we verified that? Yes. They currently get garbage. And they've been paying the tax? Yes. Is that right, Mr. Maloney? Yes. Have we verified that? We just missed them on our route software? Yeah, they've been paying taxes. We just want to add it down to our downtown list. since there's a new restaurant going in there, we want to make them 11 pickups because of the garbage they have right now. So we're just adding that to the list. Okay. Thank you. Thank you, Mayor. All right. Thank you, Council Member Stenet. Any other council member have a question or comment? Council Member Ellinger. Thank you, Mayor. Could you just explain to me what the motion is going to do here, if you would, please? After the streetscape was finished, there have been several new restaurants added, and there is no place like there are in many of the downtown areas for dumpsters or whatever. So they use Herbie's and Rosie's, and they generate an enormous amount of, especially in the summer, recyclable and garbage and in the heat it smells so it's the very end of the South Limestone block as you get to High Street and so they had waste management's been really good about doing pickup there but we wanted to make it codify it and formalize it since there are several new restaurants there so to add them to the downtown garbage collection thank you thank you all right any any further any other questions or comments by council members regarding the motion all right and then we can take a vote on a motion All in favor, please say aye. Aye. Opposed, no. Motion carries. Would you like to give first reading? Give first reading, please, ma'am. Thank you. Resolution number 12, an ordinance amending subsection 16-13A of the Code of Ordinances relating to garbage and trash collection in the downtown area. Thank you. All right. Mayor, it's my understanding that Vice Mayor Gordon was going to make a motion on number nine so you could go ahead and get the check, but she's not here right now, so I don't know if you'd entertain a motion on that one or not. Council Member Ellinger. Move to approve or give a second reading. Suspend the rules and give a second reading. Motion by Council Member Ellinger, second by Council Member Lane. Is there any discussion on the motion? All right. Hearing none, we can. take a vote for a second read all in favor please say aye opposed no motion carries madam clerk when you're ready second reading of number ordinance number nine an ordinance authorizing the mayor on behalf of the urban county government to accept a donation of water fountains and dog bowls from the friends of the dog park incorporated for cold stream and masters and station park dog parks thank you motion approved by councilor ellinger second by councilor stentett any discussion all right hearing none then madam clerk can call the roll when you're ready thank you mr ellinger mr ford yes Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Sorry. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes. Ms. Akers? Yes, ma'am. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to resolutions for a second read. Council Member, wait, hold on just a second. Council Member Akers. Thank you, Mayor. I would like to request an exception to the rules and be allowed to ask for a second reading of an ordinance at the end of the reading of resolutions. There would be a motion to, I mean, pardon. Is there an objection to a suspension of the rules for a second read of ordinances at the conclusion of the second read of resolutions? Are there any objections to it? Then we'll adjust the order and we will accept that. Thank you. Thank you very much. Thank you, Council Member Akers. All right. Council Member Lawless. People get George and I mixed up all the time. I think it's the hair. I'd like to make a motion to suspend the rules and ask for a second reading on number 12, the trash collection, and the reason for that is to get it done before the 4th of July holidays, which creates a lot of trash. So it's a motion to suspend the rules and second read on number 12 by Council Member Lawless. Is there a second? Second by Council Member Kaye. 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. Madam Clerk, if you'll give us a second reading and we'll take a vote. Ordinance number 12 for second reading. An ordinance amending subsection 16-13A of the Code of Ordinances relating to garbage and trash collection in the downtown area. All right. Thank you, Madam Clerk. Is there a motion? Motion by Council Member Henson, second by Council Member Kaye. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, please call the roll. When you're ready. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kaye? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. All right. Thank you. Vote for flex passage on that motion as well. All right. Madam Clerk, whenever you're ready. Resolutions for second reading. Yes, ma'am. Thank you. Welcome. And on number 21, I've got a note here that Council Member Henson has a motion on number 21. Yes, sir. All right. Resolution number one, a resolution accepting the bid of Bradley Hook It Up Mobile, LLC, establishing a price contract for vehicle steam cleaning for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bids of worldwide equipment, batteries plus, and KOI auto parts, establishing price contracts for truck and automotive batteries for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bid of Simon's Healthcare Diagnostics, establishing a price contract for drug testing for the Division of Community Corrections. Number four, a resolution accepting the bid of Aramsco Incorporated establishing a price contract for hospital PPE kits for the Division of Emergency Management 911. Number five, a resolution accepting the bids of Comtronics Incorporated, Owens Communications Incorporated, and Southern Communications and Consultants Incorporated establishing price contracts for the installation of public safety mobile radios for the Division of Police. Number six, a resolution accepting the bid of QX Networks and Design Incorporated establishing price contract for Internet Access Service Provider for the Division of Computer Services. Number seven, a resolution accepting the bid of B&H Environmental Services establishing a price contract for sanitary sewer overflow cleanup services for the Division of Water Quality. Number 8. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $16,183 federal funds under the Juvenile Accountability Block Grant Program, R4 Continuation of the Juvenile Surveillance Program, Professional Services, Professional Services, Professional Services, and the U.S. Department of Justice. professional development, drug testing services, and supplies and educational materials, the acceptance of which obligates the urban county government for the expenditure of $1,798 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a lease with Metro Employees Credit Union for lease of space at the Versailles Road campus. Number ten, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Vision Internet Providers Incorporated as the sole source provider for Lexington-Fayton-Urban County Government website Vision CMS Upgrade at a cost not to exceed $26,100. Number 11, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a lease with Metro Employees Credit Union for lease of space at the Phoenix Building. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease with Employment Solutions Incorporated for East Sector Roll Call located at 1165 Center Parkway at a cost not to exceed $33,744. Number 13, a resolution declaring a surplus and authorizing the Mayor on behalf of the Lexington-Fayton County Government to execute quick claim deeds and any other necessary documents for the transfer of .093 acres for property located at 946 Whitney Avenue and .093 acres of property located at 948 Whitney Avenue to the purchaser of an adjacent parcel which should have been included in the original purchase. Number 14, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition, to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $79,000 federal funds and are for participation in the child care food program at the Family Care Center, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 15, a resolution pursuant to Code of Ordinances Section 18-66 designating the speed limit of Monta Vesta Road between Mount Drive and Pepper Hill Road as 25 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. 16. A resolution authorizing and directing the mayor on behalf of the urban county government to execute Amendment No. 3 to the contract with HDR, Quest Engineering Incorporated, for design of Citation Boulevard Phase 2, increasing the contract price by the sum of $114,715 from $979,807 to $1,094,522. dollars. Number 17, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Bluegrass Workforce Investment Board to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved which grant funds are in the amount of $135,000 federal funds and are for a workforce preparation project for the Division of Youth Services, the acceptance 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 18, 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 $460,000 federal funds, are for the FY 2014 ITS CMS Intelligent Transportation System Congestion Management System Traffic Improvements Project, the acceptance of which obligates the Irvin County Government for the expenditure of $115,000 as a local match and authorizing the Mayor to transfer her in-encumbered funds within the grant budget. Number 19, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute Change Order No. 1 to the contract with Todd Johnson Construction Company for construction of Meadows Northland Arlington Public Improvements Project Phase 5A, increasing the contract price by the sum of $9,659.41 from $1,476,330.16 to $1,485,989.57. Number 20, a resolution accepting the Division of Water Quality Standard Operating Procedure for Point Repairs and Sewer Line Maintenance. There's a motion for number 21. Yeah, Council Member Hanson. Thank you, Mayor. I move to remove from the June 20, 2013 Council Meeting Docket Resolution No. 21 under the second readings of resolutions pertaining to food services agreement with Trinity Services, LLC. So moved. There's a motion to remove No. 21, and there is a second. is there any discussion on the motion yeah councilman lane yes could you give the reason for the removal please there um i had sent out an email earlier in the week from it was it had to do with the some conflicts within the purchasing of the rfp that was sent out so it's going to totally be redone And I think Todd's here. We had some ambiguity in the calorie requirement specification in the original RFP document, and we felt it was best and fairest to toss out the original RFPs and do it over again to clarify that spec. Thank you. Is there any further discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right, Madam Clerk, when you're ready. Resolution number 22, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the University of Kentucky for the provision of school nursing services for students of the day treatment center and family care center at a cost not to exceed $5,000 FY 2014. Number 23, a resolution approving the second renewal of the Engineering Services Agreement with Tetra Tech Incorporated to provide annual program management services for consent decree implementation and MS4 permit compliance at a cost not to exceed $887,000. Number 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Amendment Number 3 to the agreement with the Bluegrass Area Development District to provide additional federal funds in the amount of $11,503 for operation of the Lexington Senior Citizens Center. Twenty-five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a home agreement with Davis Parkview LLLP for use of Federal Home Investment Partnerships Program funds for the development of rental housing for the households displaced by the Newtown Pike Extension Project at a cost not to exceed $627,138. Number 26, a resolution accepting the response of Cross Associates Incorporated doing business as AK Associates to RFP No. 11-2013 and authorizing the Mayor on behalf of the Urban County Government to execute a multi-year agreement with Cross Associates Incorporated doing business as AK Associates to provide an onsite and remote maintenance services for LFUCG's 911 system at a cost not to exceed $247,000 FY 2014. Number 27, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with the Kentucky Transportation Cabinet for the Gaines Way Trail project extending performance period through June 30, 2014 at no cost to the Urban County Government. Number 28, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the illuminated street sign project, extending performance period through June 30, 2014, at no cost to the urban county government. 29. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Risk Management Services Company for workers' compensation, general liability, and automobile liability, claims administration services at a cost not to exceed $214,700 for FY 2014. Number 30, a resolution authorizing the mayor on behalf of the urban county government to execute contract modification number one to the engineering services agreement with CDP Engineers Incorporated for design of Southland Drive bike lane project increasing the contract amount by the sum of $15,669 from $49,886 to $65,555. 31. A resolution authorizing and approving the purchase of the following insurances. Excess property insurance through Alliant from PEPI, $317,403.78. Excess workers' compensation through Alliant from New York Marine and General Insurance Company, $326,989. Excess Aviation Liability through Powell Walton Millward from Old Republic Insurance Company $4,581. Excess Liability General Automobile and Public Officials through Powell Walton Millward from Munich Ray $561,396. And Self-Insured Auto No-Fault Bond through Powell Walton Millward from International Fidelity Insurance Company $2,500. for FY 2014 at a total cost not to exceed $1,212,869.78 and authorizing and directing the mayor on behalf of the urban county government to execute all necessary documents to accomplish the same. And number 32, a resolution amending sections 1 and 2 of resolution number 255-2013, which authorized the mayor on behalf of the urban county government to execute agreements for various public projects for the Office of the Urban County Council to correct the name of the entity from Delavale Management Incorporated to Lakes Edge Condominium Association Incorporated. Thank you. Thank you, Madam Clerk. Is there a motion to approve? So moved. Motion by Council Member Elliger, second by Council Member Kay. Is there any discussion on the motion? All right. Hearing none, then I'll ask the Clerk to please call the roll when she is ready. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark. Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage on the motion, which allows us to move on to first reading of resolutions. Resolution 33 through 60. Resolution number 33. A resolution accepting the bid of Leak Eliminators LLC establishing a price contract for sanitary sewer system rehabilitation for the Division of Water Quality. Number 34, a resolution accepting the bid of Xylem Dewatering Solutions Incorporated doing business as Godwin Pumps of America establishing a price contract for emergency pumps and accessories for the Division of Water Quality. Number 35, a resolution accepting the bids of Paul Miller Ford, Alton Blakely Ford, Lexington Truck Sales Incorporated, Bluegrass International, National Coatings and Supplies, Republic Diesel, General Parts Distribution, LLC, doing business as CarQuest Auto Parts, Truck Pro, KOI Auto Parts, Kentucky Motor Service, Napa Auto Parts, Midwest Auto Parts, Fleet Pride, Lexington Auto Spring Company, Nandino Industrial Electric Incorporated, Worldwide Equipment, and Powertrain of Kentucky, establishing price contracts for automotive and truck parts for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of JGB Enterprises Incorporated and Xylem Dewatering Solutions doing business at Godwin Pumps, establishing price contracts for pump station hose fittings and motor controller for the Division of Water Quality. Number 37, a resolution accepting the bid of ET Landscape, establishing a price contract for landscape maintenance for the Office of the Urban County Council. Number 38, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Roger Mulvaney, Associate Traffic Engineer, Grade 115E, 169320, bi-weekly in the Division of Traffic Engineering. Roger Land, Electrical Instrumentation, Technician Senior, Grade 114E, 2001-96-16, biweekly. In the Division of Facilities and Fleet Management, Tamara Gross, Administrative Specialist, Grade 110N. 16.289 hourly in the Division of Revenue, Daniel King, Skilled Trades Worker, Grade 111N. 14.450 hourly in the Division of Parks and Recreation, Robert Morgan, Vehicle and Equipment Mechanic Apprentice, Grade 107 N, 11.777 Hourly in the Division of Facilities and Fleet Management. Tyler Jett, Heavy Equipment Technician, Grade 113 N, 16.298 Hourly in the Division of Facilities and Fleet Management. Brenda McFadden, Staff Assistant, Grade 107 N, 15.125 Hourly in the Division of Police. Georgetta Gill, Staff Assistant, Grade 107 N, 15.125 Hourly in the Division of Police, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Coleman Sloan, Environmental Inspector, Grade 113N, 16.031 hourly in the Division of Water Quality, all effective upon passage of council. Number 39. A resolution ratifying the probationary civil service appointments of Kenneth Robinson, custodial worker, Grade 102N, 11.150 hourly in the Division of Facilities and Fleet Management, effective June 17, 2013. Garland Martin, Trade Supervisor, grade 113N, 22.659 hourly, in the Division of Facilities and Fleet Management, effective June 17, 2013. Thomas Thompson, Security Officer, grade 106N, 15.130 hourly, in the Division of Facilities and Fleet Management, effective June 20, 2013. Laurie Jackson, Administrative Specialist, grade 110N, 17.328 hourly, in the Division of Planning, effective June 17, 2013. Christopher Cummins, solids processing supervisor, grade 115E, $1,869.84 in the Division of Water Quality, effective June 17, 2013. Sean Gatewood, equipment operator senior, grade 109N, 15.067 hourly in the Division of Water Quality, effective June 17, 2013. and Stephen Pratt, Deputy Council Clerk, Grade 116E, 1,70648, biweekly in the Council Clerk's Office, effective July 1, 2013, ratifying the unclassified civil service appointments of Courtney Thatcher, Administrative Specialist Principal, Grade 114E, 1,483, 52, biweekly in the Division of Water Quality, effective June 17, 2013. Harry Montgomery, Public Service or Worker, Grade 106N, $15 hourly in the Division of Waste Management, effective June 3, 2013. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a statement of compliance with the Commonwealth of Kentucky Transportation Cabinet for bridge posting requirements. Number 41, a resolution authorizing the mayor on behalf of the Urban County Government to execute a right of entry agreement with Time Warner Cable for installation of high-speed internet at police locations. 42. A resolution authorizing and directing the mayor on behalf of the urban county government to cancel the rural and inner city adopt a spot agreement with the St. John's Lutheran Church Venture Crew 279 and execute rural and inner city adopt a spot program agreements with the Bryan Station High School wrestling and boys soccer teams for participation in the adopt a spot roadway cleanup program at a cost not to exceed $1,265.40. since. Number 43, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement with the Lexington Fayette County NAACP branch for lease of space at the Black and Williams Neighborhood Center located at 498 Georgetown Street. Number 44, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Copperfield Neighborhood Association incorporated $500 for the office of the urban county council at a cost not to exceed the sum stated. Number 45, a resolution accepting the proposal of Aramark Correctional Services, RFP number 9, 2013, in the amount of $135,360. FY 2014 for laundry services for the Division of Community Corrections and authorizing the Mayor to sign any necessary agreement related to the RFP and services. Number 46, a resolution authorizing and directing the Mayor on behalf of the Irvine County government to execute agreements with the Fayette County Commonwealth Attorney's Office, the Kenton County Commonwealth Attorney's Office, and the Commonwealth Attorney 28th Judicial Circuit for services under the 2011 Project Safe Neighborhood Program at a cost not to exceed $10,000 for the Fayette County Commonwealth Attorney's Office, $7,500 for the Kenton County Commonwealth Attorney's Office, and $6,500 for the Commonwealth Attorney 28th Judicial Circuit. Number 47. 7. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to the Kentucky Department for Local Government for extension of the Coolovan Rail Trail Project through June 30, 2014 at no cost to the urban county government. And number 48, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Tates Creek Road sidewalk improvements project through June 30, 2014 at no cost to the urban county government. Number 49. has with the Kentucky Economic Development Finance Authority and or the urban county government related to the project and taking other related action. Number 50, a resolution approving and granting of an inducement of Tiffany and Company Jewelers, Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fade Urban County government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Tiffany and Company Jewelers, Inc. has with the Kentucky Economic Development Finance Authority and or the Orange County Government related to the project and taking other related action. Number 51, a resolution approving the granting of an inducement to total quality logistics LLC pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayton-Irban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date subject to the limitations contained in the Act and any agreement total quality logistics LLC has with the Kentucky Economic Development Finance Authority and or the urban county government related to the project and taking other related action. Number 52, a resolution approving the granting of an inducement to telehealth holdings LLC pursuant to the Kentucky Business Investment Act, KRS, Chapter 154.32, whereby the Lexington-Fayette Irvin County Government agrees to forego the collection of the 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Telehealth Holdings LLC has with the Kentucky Economic Development Finance Authority and or the urban county government related to the project and taking other related action. Number 53, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 3 project through June 30, 2014 at no cost to the urban county government. Number 54, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Old Frankfort Pike Alexandria Drive Stone Fence Project through June 30, 2014 at no cost to the urban county government. Number 55, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an engineering services agreement with URS Corporation for a traffic signal timing project for the FY 2014 ITS CMS Intelligent Transportation System Congestion Management System traffic improvements project at a cost not to exceed $349,599. Number 56, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Triton Services Incorporated for HVAC and piping repair for the Phoenix building, increasing the contract price by the sum of $5,695 from $226,800 to $232,495. Number 57, a resolution authorizing the mayor on behalf of the Urban County Government to execute a First Amendment to the purchase agreement with Cassidy and Communications Incorporated and the Lexington Fayette Urban County Airport Corporation for the 800 megahertz digital simulcast radio network to allow for additional equipment to be purchased by the airport and for other governmental entities to procure equipment under the agreement at no cost to the Irvin County Government. Number 58, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $229,909 federal funds under the Edward Byrne Memorial Justice Assistance Grant Program are for the purchase of equipment and training for the Division of Police, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 59. A resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Smith Contractors Incorporated for the Town Branch and West Hickman Wastewater Treatment Plant Electrical, SCADA, Blower Aeration and Pump Station Improvements Project, increasing the contract price by the sum of $478,000 from $13,442,723 to $13,920,723. And number 60, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Cy Taw, Chapter of Omega, Cy 5 Fraternity Incorporated, $400, Palomar Hills Community Association, $500, Dogwood Trace Neighborhood Association Incorporated, $1,500, and Rabbit Run Homeowners Association Incorporated, $1,500 for the office of the Urban County Council at a cost not to exceed the sums stated. Thank you. Thank you, Madam Clerk. Are there any walk-ons or suspensions? Councilman Ellinger. Mayor, this might not be the appropriate time, but I want to revisit number three under second reading of ordinance that we voted six to six on, and I was on the prevailing side on that. Can I bring that up at this point or should? Is that? It's up to you all when you bring it up. It would be appropriate. But, yeah, as long as you're on the prevailing side on that, you're free to bring it up at this particular meeting before you all leave. I was on the prevailing side, and since we had three council members who were actually receiving an award for a fairness award, I think only in fairness to them that we allow them to have an opportunity to vote on this. So I make a motion that we reconsider number three. So moved. Second. You can. Second. You can. Even though a motion to second can be offered by anyone. There's a motion to reconsider number three, and there is a second. Is there any discussion on the motion? this is the motion to reconsider right yeah i will uh does anyone wish to speak to the motion council member lane spoke uh you actually voted you you made a motion to table um all right are you councilman care are you signed up to speak to the motion oh you have a walk-on so that's separately so council member lane council member beard you wish to speak to the motion yes yes all right thank you all right councilman lane uh thank you yeah i would uh favor uh a motion to reconsider but i think it would be appropriate for the council members who weren't here to have the benefit of the prior discussions uh that were made that may have determined the vote for them to come in and not have the background i think would be bad for them to vote without having all the details. Thank you. I think I spoke to the motion. Who else spoke? Council Member Beer, do you wish to speak too? Yes. Council Member Beer and Council Member Lane. Thank you, Mayor. Just to clarify, and maybe Council Member Henson can do this, is this an increase that will be done each year, or is it only for this year? Point of order, Mayor. I think we're on a vote to just reconsider. We're not on the substantive issue yet. I think that would be appropriate if we do reconsider. Accept a point of order. So the motion is to reconsider, so the question before the Council right now is to reconsider, and then there would be a discussion on the issue itself. So does anyone wish to speak to the motion to reconsider? Council Member Farmer. Thank you, Mayor. I think that the vote to reconsider would provide the opportunity for discussion for those of us that may not have been here, so I would ask for the motion to reconsider to be passed so we could have the proper discussion about the motion. Any further comments on the motion to reconsider? Hearing none, then we can take a vote. All in favor of the motion to reconsider, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. We will now proceed to a reconsideration of the motion. Is there any discussion? Anyone wish to comment on the motion? reconsidered motion. Councilmember Farmer. Did we just vote on it? We voted to reconsider. Now we are on the original. Now we're in discussion again. We're in discussion on the motion. Okay. Two things then. I think just from looking at this from a backed off perspective it would seem this is a closed fund and that those who have administrated it are asking to change the terms of it. Now, my perception of that may be incorrect. And the second part of this would be, would this action to allow them to increase this percentage set some sort of a precedent between us and other affected potential funding groups in the future? So come to two questions. All right. Unless there's an objection, let me speak to having been having. I am as the chair of the city employee pension board and having participated in the discussions which led to the motion. Yes, sir. I feel equipped to respond to that. I commented on this earlier. However, it's human nature that we would be sympathetic with this appeal to increase the COLA. Agreed. Many of those who are still living and participants in this fund are elderly, and it would be against all of our better angels not to be supportive and not to be encouraging. with that however in mind the conversation in the board meeting was about the history of what we've just gone through yes sir not only in our own police and fire pension but in the state pension and in considering pensions across the country what got us into these positions were just this same patterns of increasing cost of living adjustments, increasing benefits. And while I'm incredibly sympathetic to the human issues here, we had the same issues with police and fire. We have many members of the police and fire pension who are elderly whose benefits are lower. And while some adjustments and a sliding scale was agreed upon in the police and fire, none of those exceeded the current level of benefits the current three percent that is paid in the city employee pension fund and that's why um in the vote um now council member henson was not present and commissioner o'mara was not present for that meeting we did have john John Maxwell who's a member of the board we had three members of the board who are beneficiaries of the plan and who have been extraordinary participants and contributors as board members and not unexpectedly they favored this but John Mr. Maxwell prepared a summary of his point of view, and in it he examined benchmarks, all of which generally confirmed that the current COLA is appropriate. And his summary also illustrated the precedent. At the end of the day, the fiduciary responsibility as board members, and I would suggest as a council, is, of course, to the beneficiaries, but it is also to the city. In my view, if this was increased from 3 to 5, simply because it's a closed fund, if that's the rationale, then you might as well go to 10% or 15%. I'm sorry you answered that question so well. Thank you. All right. Council Member Lane. Thank you, Mayor. I would just reiterate what I said earlier about the issue, is that I felt that the decision would be a precedent that would not necessarily be good for our other pension funds to just interlaterally raise it from 3% to 5% without justification. The request for the increase seemed to be based on the fact there was money in there available and not the fact that the cost of living had gone up over 3%. As a matter of fact, the cost of living for last year was 1.7%, and Social Security has increased Social Security payments by 1.7% for this year, 2013. The other point I made is that today the stock market declined 353 points, which was 2.34% of the value of the market, and there's nothing to say that the market could not decline some more into the future, and then we might have lesser value in the retirement fund And so to me, it would not be appropriate to give out more money than was necessary. Those were the points that I made. And I would suggest that we do support the mayor's recommendation. I think this would be a bad precedent to set by increasing it just because there's money in there. Thank you. Council Member Henson. Thank you, Mayor. Mayor, there were actuaries done on this fund that showed that it could sustain this increase and even a much higher increase. Now, that was a projection because I don't know for sure. and as I said when this came up before to Council Member Lane, I see this fund as being very different from our other pension funds because it's closed, everyone is retired, and I don't believe that any of them receive a lot of money in payments. So when you look at folks that are retiring today, a 5% increase would be much more. But to the people in this fund, 5% is not that great. So I still support it. I think that as a board, we could continue to watch it, and we could decrease this. the COLA if found necessary. But everything has told us thus far that it can sustain this. And to answer, Council Member Beard had a question earlier and didn't get an answer, so I just wanted to say that this would be 5% from now on, not where currently it's at 3%. it would go to five. Thank you. Council Member Kay. Thank you, Mayor. I would echo some of what Council Member Henson has said, starting with an understanding that these are beneficiaries at a very low level, and a three or a five percent increase on their base is not a lot of money in real dollars. That's the first point. Secondly, if it does set a precedent, it seems to me the precedent is this. If you are a closed fund, and if you are overfunded, that is actuarially, you are not only sound, you are more than that. You've got 138 percent. I forget the real figure. Council Member Stinn, it's got the real number. What's the? Some more than 100% fully funded. If those two things are true, then perhaps this sets a precedent for that fund as well. As a closed fund, as I understand it, this is not a cost to urban county government at this moment. This fund basically is sitting there with a fair amount of money, and these folks have very little in the way of benefits, and this is a modest way to repay them for what they're doing. So on the one hand, I understand not wanting to set a precedent. On the other hand, I think this does not do that. It's a very special circumstance. And in this particular instance, it seems to me we should be as flexible as possible and bring benefits to people who have served this community well and now deserve a little more in their retirement. Thank you, Mayor. Thank you. I would like to respond to that. what Council Member Kay had to offer in a minute, but I'll go ahead. Council Member Ford. Thank you, Mayor. I just want to make a clarification. We're voting on the City Employees Pension Fund, and it's been mentioned that this is a closed fund. I'm going to ask somebody to verify my assumption. We represent a merged government, urban county government, which took effect 1974, almost 40 years ago. So is this correct? Would I be correct in assuming that the beneficiaries of this pension are employees of the old city? Please clarify for me, if somebody could, the definition of this fund and what close means. This was on the work session, and I'm going to show off some technology in a second. Somebody can answer this, I hope, because this was in the work session packet on June 4th. And if somebody could help me out, Council Member Senate, please. Mayor, I would be happy to answer that if you would like. Sure, yeah, Susan. Sir. It is a pension fund that there are beneficiaries in it that have retired since the merger of government. In fact, the last one retired in 2010. So there are beneficiaries that have continued employment after the merger. Okay. Thank you, Susan. So in clarification, they began their employment in the old city. Is that right? Yes, prior to 1974. Okay. Great. That helps me a lot. I'm looking at the work session packet that allowed this item to be brought forth to the docket. And I'm speaking in favor of passing this second read. It's a memo from Ms. Lamb as a council clerk. It's dated May 14th. Mayor, and I'll just read the last two paragraphs of this memo, which supports this coming forth to the docket. It says the pension is a closed fund, and as of May 14, 2013, has 31 retirees and 57 beneficiaries. beneficiaries received 75% of the retirees' pension. The current 3% annual COLA was approved by Ordinance No. 110-81, effective July 1, 1981. So this hasn't changed in quite a while. An actuarial study has been produced and shows the pension is 158% funded based on a 15-year amortization period, period with the 5% COLA. The average age of the retiree membership is 81. The average age of the retiree membership is 81. The average monthly salary of retirees and beneficiaries is $1,442.74. Council members, we all had this in a packet. I just have the privilege to share this with us. I'll support moving this and hopefully reconsidering and passing this ordinance number three. Thank you, Mayor. Thank you, Council Member Ford. Council Member Beard. Thank you, Mayor. And thank you, Council Member Henson, for getting my question answered. Why do we not index these as Social Security does and many other corporations do? Means indexing. Indexed against a CPI of some sort. I think, I'm not sure of that answer, but I am. When we went through the fire and police negotiations, there was a vigorous effort to examine the needs. Those who had been participants, those who were older, and that's why there was a sliding scale created. None of those, however, I think, if there's anybody here who can help me with the numbers on the firing police, I believe the maximum is 2%. Is Jamie here? Jamie, what's the firing police maximum? Cola. Sorry, I didn't come prepared for that. but I can dig it up quickly. I don't know if that answered your question exactly, but it is. Oh, I understand. There was an effort, a real, you know, it was a big part of the negotiations was to examine ages of participants, how long they've been in the program, the needs, the recipient. the distributions today so that those in the greatest, those with the greatest need at the lowest level of distribution were able to receive a higher COLA. The point of the COLA, though. Two percent, wasn't it? I don't have the details of the plan, but it was based on income, and there were three tiers. So it was, in a way, adjusted based on the need. And the reason for a COLA to begin with is to protect people against inflation like we had in 1979, 80, 81 time frame. And things got out of hand then. and in fact I looked at a sheet with all the colas on it for the police and fire and there was like calculated like 14 percent 15 percent something in that range and of course at that time the city looked at that and said we can't do that so they didn't do any cola So it just makes sense from a fairness point of view, ongoing, that we kind of transition to that indexing. Thank you, Councilman Beard. Councilman Lawless. Thank you, and I appreciate both sides of this issue and the points made. But the average age, we're talking about 30 participants and 54 beneficiaries, and no more can retire under this. And the average age is 81. If it's 128% funded, 158% funded, with a 5% COLA, what happens to the money after these folks are no longer with us? My understanding is that it reverts to the city. So these are assets of the cities. They're assets of the citizens of the city. Yes, I understand. Right. Okay. Which is, I mean, I think that's a, I appreciate your asking that question, because in terms of my examination and my vote on this, that was the prevailing influence. My responsibility is the fiduciary responsibility to the citizens. Our responsibility is the fiduciary responsibility to the citizens and to the beneficiaries. And I agree, and I am generally very fiscally conservative in that I can't abide the waste of a single taxpayer dollar. However, this money is a city asset that was set aside for the benefit of these retirees. and we got in a lot of trouble with our CERS and with our fire and police by not putting them in the CERS and KERS because they weren't funded at the right level. All right. However, with these people, it's a city asset, but it's just like if it were a corporation and they had a retirement fund and they went bankrupt and took the pensions away, which has happened, and we've seen that over and over again. This money is an asset, but it's an asset that was set aside for these people for the work and service they did for our community for many years. So for that reason, I will support it, but I have hesitation about it being automatically there in perpetuity. I think it's something that should be examined. And the reason that I'm responding to each one of these comments is, as chair of the board, I feel it's my responsibility to respond to the questions. Oh, and I absolutely appreciate that. So let me speak to that. I think I said it earlier when we first discussed, when it was first on the agenda tonight, that John Maxwell examined benchmarks. Mr. Lane just mentioned the inflation index. the 5% by Mr. Maxwell's examination was more than 100% outside the benchmark. And it will be more than 100% greater than the fire and police pension COLA. so if we are going to go that far beyond the benchmarks and that far beyond the protocols that we have just negotiated with a vigorous negotiation with our firing police on the basis of this is a closed fund then my point is what is the limitation on that why not just distribute the whole thing. I think that would be wonderfully generous, and it would speak to our better angels, perhaps, but not to our financial responsibility to the citizens. If I may respond just quickly, and I certainly am torn about this for all the reasons you have stated and all the reasons other people have stated. However, I think that we're also looking at people who retired a long time ago, and when money and inflation was very different. So their salary base was very different. And I look at when Social Security was first instituted, the life expectancy of Americans was 64 years old with a retirement of 65. So that piece is, I think, very important to figure into that. So anyway, thank you very much, and thank you for everybody's opinion. and I'm torn and I understand and it's hard. All right. Council Member Clark, do you speak? I do. Thank you, Mayor, for those comments and I appreciate that. I also appreciate Council Member Ford reminding me of the data that I thought I remembered but I didn't have it in front of me and I appreciate that information. And, Mayor, if I thought there was a danger of setting a precedent here, I certainly couldn't favor this because I think you're absolutely right. There's got to be some firm figures that we've got to stick to. In this case, however, I think if we look at the dollars that these people are making and the age of their average age, I think this is really a different percentage than a percentage that would apply to those people who are currently working today. The fact that their salaries were very low, from what I remember, 5% really doesn't amount to very much. 5% applied to a current salary would be a considerable amount of money. 5% as opposed to 3% applied to these people's retirement is absolutely minimal. And I think the fact that it's a closed program doesn't really mean anything to me, except it's a safety factor. That's not the reason for my support of the 5%. My support of the 5% is these people need this. We can afford it, and I will certainly vote for it. And I've thought about it a lot, and I think I just have to support it. Thank you, Mayor. Okay. Thank you, Council Member Clark. Council Member Myers hasn't spoken yet. I think Council Member Lane has, so we'll come back to you, Council Member Lane. Council Member Myers. Thank you, Mayor. The conversation when we started talking about the fact that the fund's closed and there's only so many people left is interesting, and I like where the mayor went with that, is that we have a fiduciary responsibility with this fund, and making decisions to increase things 100% over the benchmarks and 100 of what police and fire are getting is what got us and every other city and state in this country where we are i would also say that when we start talking about the percentage difference between what these employees or retirees are getting and what the people that are in police and fire are getting police and fire putting 11 and i think now 12 of their own money into their fund whereas these employees didn't contribute that same way so i think that when you look at what hr came up with when you look at the mayor and the things that he said i think it's actually irresponsible to increase this COLA by 5%. And so I'm going to vote against this motion. Thank you. Chancellor Lane. I wanted to just add a couple additional thoughts here. What the pension fund is, it's a defined benefit fund. And the money that's put in there by the employee and the government is to set a guaranteed repayment payment to the employee when they retire. And if we run out of money, the government has to put the money in to supplement it, but it does give a guarantee to the employee that they will get the amount of money that we said we were going to give them. Whereas an open-ended retirement fund is like a 401k where the employee puts money in and if the value of the stock goes up and the investment goes up, then they get to keep all the money that's in there at the end. But on the other hand, if the value goes down, what's left in there is what they get. So in this case, it's like we have a defined benefit fund with a guaranteed amount of payment and now we're trying to convert it to an open ended fund where we're going to say, well, we've got more money in there now, we'll just give everybody more money. And it's not a cost of living increase because cost of living only went up 1.7 percent and we're already paying a three percent cola so to go from three to five we're paying about three times what the inflation rate would be if we went to a five percent payout so i would i would say this is a very bad precedent set and it's not in the best interest of the taxpayers and i encourage council members to vote against the increase thank you council member stennett has not yet spoken to this so you're up next i'm just going to make a motion to call a question we've debated this enough earlier and tonight so call the question second motion calls a question there's a second is there any discussion on the motion all right all in favor of the motion to call the question please indicate by saying aye aye opposed no motion carries all right ready to vote all in favor of the motion all in favor of the motion please indicate by saying aye we need a roll call right did we get a motion right we need a motion we have a motion to approve by Vice Mayor Gordon and second by Council Member Ellinger. Is there any discussion on the motion? Hearing none, we can take a vote. Roll call vote. Madam Clerk, please call the roll. Mr. Ellinger? No. Mr. Farmer? No, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? No. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? No. Ms. Scotchfield? No. Mr. Stennett? No, ma'am. Ms. Akers? No. Ms. Akers? No. No. No. No. No. No. No. No. No. No. No. No. No. No. I don't agree with that. Mr. Beard? No. And Mr. Clark? Yes. I believe that was recorded. That was recorded. Wait a minute. Is that it? It did. All right. This motion fails. All right, that allows us to move. If there are any suspensions of the rules of first reading resolutions. Yes, thank you, Susan. Thank you. um are there any any council member have a request for suspending the rules in the second read council member kay mayor i have a walk on not a suspension and i move to place on the document for the june 20 2013 council meeting under first reading of resolutions a resolution authorizing the mayor to sign an agreement for a pocket museum with the lexington history museum incorporated so move motion by councilman kay second by councilman lawless is there any discussion on the motion um councilman kay has been a request by councilmember stennett to request uh to uh repeat the motion yes it's placed on the docket under first reading of resolutions a resolution authorizing the mayor to sign an agreement for a pocket museum with the lexington history museum Inc. and a pocket museum is to have... Mr. Reid will be happy to explain what a pocket museum is if you ask him to. Very small. I think let's listen to Councilmember Kaye please. Councilmember Kaye is going to explain a POCKET museum. First I have to learn how to pronounce it I gather in this part of the world so according to the memo being one or more display cases and or photographs in the government centers lobby or other designated areas is approved by the Department of General Services Commissioner's office of a motion we have a second is there any further discussion on the motion all right hearing none then we can take a vote all in favor please say aye opposed no motion carries All right, any further requests for suspending? Mayor. Go ahead. It might be good if we could go on and give that first reading, please. That's great. Thank you, sir. Resolution number 61 for first reading, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Lexington History Museum Incorporated for a Pocket Museum. Thank you. Thank you, Madam Clerk. Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give second reading to number 44 and number 60. Motion by Vice Mayor Gorton, second by Council Member Farmer. On numbers 44 and 60. 44 and 60. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Farmer. Thank you, Mayor. I was going to ask for two readings on number 37, which is part of the Corridors Commission work for landscaping upgrades along Versailles Road. And that will let us proceed with a currently budgeted opportunity. So moved. Second. Motion by Council Member Farmer. Second by Council Member Lane. Is there any discussion on the motion? Hearing none, we can take a vote then. All in favor, please say aye. Aye. Opposed, no. Motion carries. Councilmember Akers. Thank you Mayor. I request second reading for resolution number 53 and 54 please. Motion on numbers 53 and 54 to spin the rules is there a second? Second. Second by Councilmember 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 Member Lawless. Yes, and sorry for the late, this late amendment. I'd like to make a motion to amend the, add another amendment to the food truck, and this is just a clerical thing, Section 3C4B of the food truck ordinance. That's not on the agenda right now. Okay. Does somebody let me know when I can? All right. Thank you. it'll be up soon mayor i think the administration had a request on number 38 which is the uh typical contingent offer resolution for employees all right thank you there's a motion by council ellinger to approve suspend and approve and a second by council member myers is there any discussion on the motion on 38. all right hearing now we can take a vote all in favor please say aye Aye. Opposed, no. Motion carries. Council Member Kay? Yes, I move to suspend the rules and give second reading to the motion I just put on the docket, which is number 61. Second. Notion by Council Member Kay on 61. Second by Council Member Lawless. Is there any discussion on the motion? Hearing none, we can take the part. Yeah, this is a pocket. There's a question. All right. Discussion? Council Member Beard. What are we going to have to do to the History Museum to bring it up to do anything in there with all the infrastructure and dire needs of help? I believe this is not about the structure that they had been occupying, but I would like, if possible, Mr. Baradaran to come forward and explain exactly what this does entail. The request primarily is for our permission to provide space for a couple of display cases and maybe some prints. My understanding is that those units probably would be changed, rotating, and so forth. the location, the extent, and the content of the exhibit is going to have to be going through the commissioner's office and get approval ahead of time. The location is going to be at the government center. My understanding is what the History Museum is doing, Julian, is they're going to take a couple of displays from the History Museum. You know, it's not unlike the one that's out here outside except a vertical glass, maybe six feet wide, two feet deep by eight feet tall. And they're going to have a couple of them down at the library, maybe out at the airport here. and the plan is to share some of the History Museum materials, the curated materials, around the city that way. And one of the locations would be here at City Hall. So actually we're not concerned necessarily with the building itself. No. Okay. We're concerned, of course. we're concerned but this is allowing the materials to both be preserved and exhibited thank you in the interim right thank you all right so we have a we have a motion we have a second on the second read all right and did we get a vote on that all in favor please say aye opposed no motion carries councilor Myers thank you mayor want us to spend the rules and give second reading to number 27 so that we can ensure that this eight or so year old grant can get extended one more year thank you it's a motion on 27 is there a second second by Council member Lawless. We already voted on that one. That was in second reading. What a minute. We're going to start at 33. Well, that's right. Never mind. We're good. We're just checking to see these. All right. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. No, we don't need that. We don't need it? No, we don't need that. All right. Withdrawal. Is it good? You got it, Susan? I have a draw on my motion. Motion withdrawn? all right that looks like it's all whenever you can navigate through all that madam clerk go right ahead all righty-dighty number 37 for second reading a resolution accepting the bid of et landscape establishing a price contract for landscape maintenance for the Office of the Urban County Council. Number 38. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Roger Mulvaney, Associate Traffic Engineer, Grade 115E, 169320, Bi-Weekly, in the Division of Traffic Engineering. Roger Land, Electrical Instrumentation Technician, Senior, Grade 114E, 219616, Bi-Weekly, in the Division of Facilities and Fleet Management. Tamara Gross, Administrative Specialist, Grade 110N, 16.289 hourly in the Division of Revenue, Daniel King, Skilled Trades Worker, Grade 111N, 14.450 hourly in the Division of Parks and Recreation, Robert Morgan, Vehicle and Equipment Mechanic Apprentice, Grade 107N, 11.777 hourly in the Division of Facilities and Fleet Management, Tyler Jett, Heavy Equipment Technician, Grade 113N, 16.298 hourly in the Division of Facilities and Fleet Management, Brenda McFadden, Staff Assistant, Grade 107 and 15.125, hourly in the Division of Police. Georgetta Gill, Staff Assistant, Grade 107 and 15.125, hourly in the Division of Police. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Coleman Sloan, Environmental Inspector, Grade 113 and 16.03, one hourly in the Division of Water Quality, all effective upon passage of counsel. Number 44. a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with copperfield neighborhood association incorporated 500 for the office of the urban county council at a cost not to exceed the sum stated number 53 a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 3 project through June 30, 2014 at no cost to the urban county government. Number 54, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an engineering services agreement with URS Corporation for a traffic signal timing project for the FY 2014 ITS CMS Intelligent Transportation System Congestion Management System Traffic Improvements Project at a cost not to exceed $349,599. Number 60. A resolution authorizing the Mayor on behalf of the Irvine County Government to execute agreements with CyTall, Chapter of Omega, Cy-Fi Fraternity, Incorporated, $400. Palomar Hills Camp Community Association, $500. Dogwood Trace Neighborhood Association, Incorporated, $1,500. and Rabbit Run Homeowners Association Incorporated $1,500 for the office of the Urban County Council at a cost not to exceed the sum stated. And number 61, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Lexington History Museum Incorporated for a pocket museum. Thank you. Thank you, Madam Clerk. Is there a motion? Move approval. Motion by Vice Mayor Gordon. seconded by Council Member Ellinger to approve. Is there any discussion on the motion? All right. Then, Madam Clerk, when you're ready, please call the roll. Yes. Mr. Ellinger? Yes. That was a yes. No. Yes. Yes. Thank you. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. All right. The vote reflects passage on the motion. And next on our agenda is the Council Member Akers earlier had asked for an adjustment in the agenda to accommodate a motion to suspend the rules for ordinances requiring a second read. And we do have some folks here that are signed up to speak to this issue. Unless the council objects, we could take those now. That's what I was going to ask. Thank you, Mayor. Is that all right? All right. First, Sean Tibbetts, Mr. Tibbetts. And you have been here a number of times, Sean, and so you know the protocol quite well. What do I do? Yes, sir. Name, address, and three minutes. I'd be happy to teach anybody else who needs to know. Would it not be better to do the motion on the floor so we can have something to listen? There's no motion to have second reading yet. No, I don't mind listening, but I think I'd like to debate the motion to have second reading tonight. But you're the chair. We can listen to public comment first. it's a matter of they're commenting on the first reading of the resolution. So let's go ahead with it and then we'll get the motion. We know it's coming. Council Member Akers asked for this. I just accommodated it. Okay. Go ahead. All right. Thank you, sir. So Honorable Mayor, Vice Mayor, Council Members, Distinguished Guests, and my fellow citizens, I'm Sean Tibbetts. I live at 4009 Hillside Drive. I'm the director of the Bluegrass Food Truck Association, executive director of the Mobile Food Vendors of America, and I'm the owner of the Cluckenberger Food Truck. I and my colleagues are excited about the prospect of serving downtown constituents our unique and innovative styles of food. Tonight, you have the opportunity to either enable a group of innovative entrepreneurs the opportunity to go to work doing what they love, or to continue the same stagnant food service downtown that achieved an underwhelming 1.3% growth rate according to a recent DLC study. The conversation about mobile food has been going on in Lexington for over two years. Here we have just shy of 2,000 signatures on a petition requesting access for food trucks to public property from our constituents in our fine city. The proposal that you're reviewing tonight actually has worked to address every concern that's been raised with regard especially to public health and safety issues. So when it comes to providing trash receptacles, when it comes to health department inspections, when it comes to respecting the turn times on parking meters, all of those issues are addressed in this particular ordinance that's in front of you tonight, or the pilot program. I was recently told that the best traits about food truckers are their innovation and their creativity. We are ready to apply these traits to this pilot. We're actually so ready to support the pilot and food trucks in Lexington that Kluckenberger recently obtained an angel investor, purchased a third vehicle, and I quit my day job so I can go be a full-time food trucker here in Lexington. Please allow me the same opportunity to earn a fair living doing what I love, just like any other food proprietor in Fayette County. The pilot program gives us the opportunity to do that. It is the next logical step after two years of conversation to find a pilot program to see what works, what doesn't work, and come back and evaluate it later before we make something permanent. So our request from the Bluegrass Food Truck Association, the Mobile Food Vendors of America, and Kluckenberger is please approve the pilot program. Thank you. Thank you, Mr. Tibbetts. Amanda, do you wish to speak? No. All right. Mr. Rickwald. Mr. Rickwald. Oh, I'm so sorry, CJ. Yes, ma'am. Thank you. I have been, Laura Thomas has relinquished her three minutes to me, but I think I'll be done in three minutes. And is this on the food trucks? No. Oh, okay. This is totally different. I'm sorry. Then if you could just hold with us for a few minutes, we'll come right back to you, Laura. Thank you so much. Sorry for creating anxiety there. All right, great. All right, and Linda, did you want to speak, Linda, on the food trucks or something else? All right, thank you, Linda Sutherland. Thank you, ma'am. Yes, ma'am. All right, Council Member Akers, we're back to this is all that signed up. All right. Thank you, Mayor. I move to suspend the rules and request a second reading for ordinance number one as amended. So motion and did I hear a second? Motion by Council Member Akers, second by Council Member Lane. Is there any discussion on the motion? All right, Council Member Lawless. I would like to make an amendment at this time before we go through all that. If that is okay, if not, I'll wait. Again, it's somewhat of a clerical issue. This is a motion to suspend the rules and give it a second read. Yes, Mayor, I understand that. Sorry, I didn't understand your question. I have an amendment I would like to make on the, an additional amendment I'd like to make. Okay, I think we're going to have to get a vote on the suspension first. Thank you. Does anyone else wish to speak to the motion to suspend the rules and give a second read? All right. If there's no further discussion, then we can take a vote. We probably need to do this electronically. all in favor of the motion to suspend the rules and give a second read please indicate by saying aye and voting electronically all those who oppose no all right anyone else wish to vote pardon what'd you say your your vote's not registering council member stennett or what is it mr i'll be glad to record it if you would he said a yes Council Member Lawless no motion to suspend the rules to passes motion to suspend the rules give a second read passes so Madam Clerk ordinance number one for second reading as amended, an ordinance establishing a six-month limited pilot program for certain mobile food unit vendors to lawfully operate in designated street parking areas and providing for licensing compliance with ordinance and program requirements, food vending zones, hours of operation, insurance, and a fine not to exceed $250 for each violation, all effective upon date of passage. All right. Thank you, Madam Clerk. Is there a motion? Is the motion by Council Member Lane? Second. Is the second by Council Member Akers? All right. Is there any discussion on the motion? Council Member Lawless. All right. Hearing none, then we'll ask the... Oh, Council Member Kay. Yeah, this is not a substantive change, but under 3C, the indication of the 300 block of North Martin Luther King between, it says now, Constitution Street and Wycliffe Street, I believe that the intention both of the parking authority and of the amendment was to have that be between Corral Street and Wycliffe Street. if you look at the map that section between constitution and wickliffe has either no or one parking meter the section between corral and wickliffe has seven or eight and the intention when that first was modified was to have that be the area that would be included in the on the map it's wrong in the language and it's wrong on the map it's incorrect I believe so. I don't know if it's appropriate to move to amend the language and the map to reflect what I believe was the intention of both the parking authority and the council. I would so move. For clarification, is it simply changing Constitution Street to Corral Street within the parentheses? Okay. Yes. Substitute Corral for Constitution. All right. We have a motion by Council Member Kay. We have a second by Council Member Akers. is there any discussion on the motion to amend all right hearing none we take a vote all in favor please say aye aye opposed no motion carries all right that moves us that takes us back to the roll call on the second breed we've got a question council member farmer thank you mayor i was just going to ask Councilmember Akers, in drawing this motion and this is just to know, did you spend time with the parking authority on this particular motion or did you just you were done with them after the last meeting? I'm just interested in the back and forth of this. Since this mentions the parking authority in number one and then changes times relative to when they don't charge, so to speak, did you The changes, the regulations of the parking authority are incorporated into the changes made in this ordinance. They have seen this. I mean, nothing has changed. Their time limits are not included. When these are? Included. The two-hour time limit was not included because that's in their parking regulations. So it doesn't have to be. That's correct. We only included the actual food truck zones that were approved by the parking authority. And then does this, since we've been talking about precedent setting values over other issues this evening, does this have any, I mean, it may not be a question for you. I'm just interested in, by taking the parking authority out of this issue, or this part of this issue, does it have a potential effect on their other, I mean, work or their, how they do what they do, I guess. because it means in the last parking authority meeting last thursdays i mean clearly stated that the parking authority has no authority or that's not true they do not monitor the meters after five and on weekends okay i think this this would only become an issue if the parking authority amended their current practice on the hours of uh parking thank you you're welcome thank you councilman Farmer? Any further discussion on the motion? Council Member Lawless. To that same question, the very first says in C1 licensees shall and then only has been taken out be allowed to lawfully operate Monday through Friday, which I believe is an addition, between the hours of 7 a.m. and 5 p.m. in metered parking spaces in the following on-street food vending zones, and subject to approval by the Lexington Fayette County Parking Authority has been struck. can that's along the same question as council member farmer i'm going to allow mr barbary to respond i didn't i took this from council members acres but my assumption was when this was originally put in there it had not been to the parking authority yet and in the meantime it's It's been to the parking authority. My understanding is they have agreed to the six, I think it's six, the six zones that are in the current ordinance, as indicated by Council Member Kay with his most recent change. So they have also indicated to me that they have no intention of revisiting the zones during the period of time that the pilot program exists. So there's really not a need to have any kind of reference to them approving the zones at this point in time in the ordinance. Okay, and I think there was an email sent by Gary Means stating what they had decided, and I haven't had a chance to read it because I've been otherwise occupied with other council issues. So did they agree to the 7 a.m. to 5 p.m. Monday through Friday? They did, with a two-hour limit between 8 and 5, which is when they monitor the meters. Okay, thank you. You're welcome. Councilman Myers, on this issue? Yes, sir. Thank you, Mayor. Do any of these amendments that we're making define a food truck? There have been two ordinances passed since February, the first of which in February defined the food truck. I think it's in 1511.1 in the Code of Ordinances. So, yes, that has been done. That was in February. Okay. We did that. thank you you're welcome customer lane i would just like to encourage everybody to go ahead and vote for this because we've been messing around with this for a while and this is a pilot program it's only for six months there's going to be something wrong here or there we're going to have to tweak it but we need to get started and i think the other point is that these folks are entrepreneurs are trying to start their business and the summertime is when we have live entertainment downtown we have a lot of crowds down there and this is a good time to launch and if we drag this on out I think would be very detrimental so I'd like to encourage everybody to go ahead and vote I'd like to call the question call for the question as soon as a call for the question unless there's objection Madam Clerk, please call the roll. I just said before he said it. He basically called for the question. All right, we'll vote for it. There's been a motion. Is Is there a second? Is there a second? All right. We got a motion. We got a second to call the question. Is there any discussion? All in favor, call the question. Please indicate by saying aye. Opposed, no. Motion carries. All right. Madam Clerk? Madam Clerk? You can call the roll. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Yes. Ms. Lawless. Ms. Mazzotti Yes Mr. Myers Yes Ms. Gutchfield Yes Mr. Stennett Yes sir Did you break it? Ms. Akers Yes ma'am Mr. Beard Aye Mr. Clark. Yes. Thank you. The vote reflects unanimous passage of the motion. All right. Thank you. Second. There's a motion to approve the communications from the mayor. And a second. Thank you very much. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Communication from the mayor for information only. Unless there is some comment. Are there any announcements by council members from the floor, from the assembly? Oh, the vice mayor is proudly displaying the Human Rights Commission's recognition to the 1999 Urban County Council in recognition of the outstanding achievement in human rights in the passage of the Fairness Ordinance. at the 50th anniversary of the Human Rights Commission. So thanks to all those who participated at that time in that signal and momentous moment in the state where Lexington was the first in the state to pass a fairness ordinance and set in motion many changes that have affected many people. Thank you all very much. All right. Next on our agenda, public comments. We do have Siobhan. Thank you, Mayor. I just wanted to quickly, I'm very surprised by the unanimous vote and support, And so I just wanted to personally thank all of the members of the previous task force that are on council, Council Member Henson, Council Member Lawless, and my colleagues that served with me on the work group, Council Member Farmer, Council Member Clark, and Council Member Lawless, and Council Member Sennett, as well as everybody else. I just cannot thank everybody enough for your support and for giving this a try and moving Lexington to what I think is a more progressive city. So thank you so much. Thank you, Councilman Rakers. All right, we do have, I believe, Laura, were you up before? CJ, you're up. Yes, ma'am. Come right. Please join us at the podium. Thank you very much, Your Honor. My name is Carol Rickwald. I live at 458 Winfield Place, Lexington, Kentucky, 40517. I have been in Lexington for over 40 years and have been known to be, at times, an educator both in our local high school and university. I am here and I have three points to present to you on behalf of the new one state-of-the-art senior center. We're back. My first point is, over the last 10 years, a new senior center has been discussed. The mayor has not only promised a new one, but allocated monies in his budget. Locations are under consideration, and consultants have spoken to you. Political promises should not be made and then retrieved. Honor and integrity are paramount in caring for the elderly. My second point, the basic needs of our aging society here in Lexington are socialization, a sense of ownership and belonging. We consider our run-down, ugly green, don't know where that paint came from, building, our home, and the place where we are always welcome. Sean Wright, two social workers, and a variety of other personnel answer the phenomenal number of questions, problems facing the elderly. from free tax filing to nursing to meals on wheels to a hot lunch five times a week and then dealing with problems of dementia. All these are answered in one place to an extremely diverse population. My third and final point is actually a question. How does one place fulfill the above-mentioned needs? A simple answer, integrated services in one central place. It would be impossible to replicate these services in two, three, or four locations. A glimpse into the 60 activities that we have, eight which are mandated by a federal grant. We have five different exercise classes from general fitness to tai chi. Ceramics, painting, bingo, table tennis, full bridge, book club, and the former Donovan Scholar lectures take place. Along with various travel adventures, even to such a place as Kingland. Some of our elderly citizens have never even been there. Our Thanksgiving and Christmas dinner are limited to 150 people. We have 870 who come in weekly. We are limited due to fire laws, and for some, this is the only celebration they have. We need and deserve our promised new senior center. And I would challenge, along with the other members, any organization to provide these services to our seniors, all under one roof, with one phone call. Thank you. And I also have a petition to hand to the mayor from some of those seniors. I don't know how to go about doing this but just hand there we go take it right here right there thank you thank you very much thanks Carol all right Linda I have been around the Senior Citizens Center a long time and the last speaker resonated the situation. It is overcrowded over there and it is it's you can't get more in that bingo hall there's a lamp. I wanted you all to know that and when they serve food everybody's bingo leaves but they could stay if we had a kitchen just meant for cooking and a big bingo hall and other things like if people if people if we had a swimming a heated swimming pool in the senior System Center and bowling, I think it would be really good because what we're doing now is we have to go other places to go bowling and other places to go swimming. And I don't think that that's a waste of money. I think it would do good for our seniors to have a therapeutic pool of diverse bowling lanes. Now, as the bear knows, I've talked to him. I've talked to the CEO. This was back in January. But I'm all for building or turning down Turf Le Mans and building a great, huge senior citizens that would serve everybody in Lexington as they got older. And everybody. I mean, by the time our youngsters get older, they're going to have a place to go and they're going to have something to do. So I'm all for building the new Senior Citizen Center and it ought to be on the south side. We've got enough downtown as it is. So that's all I had to say. Thank you, Linda. Thank you, Linda. All right, I don't have anybody else signed up. Mr. Mundy, is that right? All right, sir. but vice mayor gordon has an announcement quickly i just wanted to take just a quick moment to thank connie underwood today was her last day working with the council for the budget and she may be back in august when we are looking at tax rates and things like that so i just wanted to publicly thank her for her work thank you vice mayor all right we'll entertain a motion unless there's Further motion to adjourn by Councilmember Akers, second by Vice Mayor Gordon. Unless there is objection, we are adjourned.