# Urban County Council Meeting - September 12, 2013 > Auto-transcribed civic record · September 12, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3111 - **Source video**: https://lfucg.granicus.com/player/clip/3111?view_id=14&redirect=true - **Date**: 2013-09-12 - **Last revised**: July 16, 2026 - **Length**: 8,332 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Council met on September 12, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed 31 agenda items during the meeting, taking 12 motions and votes while hearing 4 public comments. The council approved several zoning ordinance amendments, including clarifications to regulations for vehicle repair accessory to residential uses, parking and storage of business vehicles in residential zones, and the government's ability to abate zoning violations. The council also approved creation of Section 15-12 of the Code of Ordinances to regulate itinerant merchants, peddlers, and door-to-door sales. The council approved authorization for the issuance of three bond series: Various Purpose General Obligation Bonds Series 2013C, Various Purpose General Obligation Refunding Bonds Series 2013D, and Sewer System Refunding Revenue Bonds Series 2013E. Additionally, the council approved creation of a Pedestrian Oriented Business District for properties on South Limestone Street. The council approved several agreements and appointments, including conditional offers for probationary civil service appointments, an agreement with Bluegrass Youth Ballet for the Office of the Urban County Council, and an agreement with Code for America Labs for a fellowship program. The council also approved mayoral reappointments. Multiple items were advanced to first reading, including a budget reallocation of $2.25 million for capital projects from the General Services District Fund, a change order for the Phoenix/Police Headquarters Elevator Renovation, renaming of the Whitney Young Park Neighborhood Building to the Charles H. Quillings Neighborhood Building, and various bids and grants. ## Attendance **Present:** Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, and Kay **Absent:** Gorton **Late:** None ## Votes and Decisions **Ordinance 0944-13 — Reallocation Amendment** [timestamp: 00:07:21] Motion by Ford, seconded by Akers. This ordinance amended the reallocation of funds, reducing it from $3.75 million to $2.25 million and reassigning funds to the General Council Office. The roll call vote passed 10-4. Voting in favor: Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, and Ellinger. Voting against: Farmer, Ford, Henson, and Kay. **Resolution 0944-13 — Capital Expenditure Policy Repeal** [timestamp: 00:10:39] Motion by Ford, seconded by Massadi. This resolution sought to repeal Resolution No. 177-2006 and Resolution No. 368-2006 on capital expenditure policy. The roll call vote failed 6-7 with 1 abstention. Voting in favor: Akers, Henson, Kay, Lane, Myers, and Scutchfield. Voting against: Farmer, Ford, Ellinger, Stinnett, Kay, Lane, and Myers. **Ordinance 0909-13 — Door-to-Door Sales Amendment** [timestamp: 00:15:49] Motion by Henson, seconded by Ellinger. This ordinance removed Subsection 15-12(b)(2) restricting door-to-door sales hours. The roll call vote passed unanimously 14-0. **Ordinance 0944-13 — First Reading** [timestamp: 00:20:48] First reading of the amended ordinance reallocating $2.25 million to the General Council Office for capital projects. **Ordinance 0909-13 — Second Reading (Itinerant Merchants)** [timestamp: 00:24:00] Motion by Ellinger, seconded by Myers. Second reading of the amended ordinance regulating itinerant merchants, peddlers, and door-to-door sales. The roll call vote passed unanimously 14-0. **Ordinance 0909-13 — Second Reading (Zoning Amendments)** [timestamp: 00:24:00] Motion by Ellinger, seconded by Myers. Second reading of zoning amendments related to vehicle repair, parking, and enforcement. The roll call vote passed unanimously 14-0. **Resolution 0883-13 — Hazardous Material Spill Cleanup Bid** [timestamp: 00:31:29] Motion by Ellinger, seconded by Myers. Second reading accepting a bid for hazardous material spill cleanup. The roll call vote passed 13-0. **Resolution 0985-13 — Civil Service Appointments** [timestamp: 00:44:48] Motion by Akers, seconded by Kay. Second reading authorizing conditional offers for civil service appointments. The roll call vote passed 12-0. **Resolution 0980-13 — Bluegrass Youth Ballet Agreement** [timestamp: 00:44:48] Motion by Akers, seconded by Kay. Second reading authorizing an agreement with Bluegrass Youth Ballet. The roll call vote passed 12-0. **Resolution 0983-13 — Code for America Labs Fellowship** [timestamp: 00:44:48] Motion by Akers, seconded by Kay. Second reading authorizing an agreement with Code for America Labs for a fellowship program. The roll call vote passed 12-0. **Mayor's Communications** [timestamp: 00:50:12] Motion by Kaye, seconded by Beard. Approval of communications from the Mayor. The roll call vote passed unanimously 14-0. **Officer Stephen McCain Disciplinary Action** [timestamp: 00:51:30] Motion by Henson, seconded by Ellinger. Approval of disciplinary action against Officer Stephen McCain. The voice vote passed. ## Budget and Financial Actions The meeting approved multiple contracts, grants, and bond issuances totaling over $179 million in financial actions. **Contracts** The following contracts were approved: * Purchase of Heil Python Multipack Refuse Truck Bodies for Waste Management from Central Indiana Truck Equipment Corp. for $211,769 (Resolution 0834-13) * Renovation of Emergency Operations Center at 115 Cisco Rd. with Murphy + Graves Architects for $427,000 (Resolution 0861-13) * Relocation of utilities for Clays Mill Rd. Improvements Project - Section 2C with Columbia Gas of Ky. for $38,281 (Resolution 0834-13) * Stormwater education and outreach workshops for Environmental Policy with University of Ky. and UK Arboretum for $50,000 (Resolution 0870-13) * Purchase of services agreement with Bluegrass Youth Ballet for $300 (Resolution 0980-13) * Participation in Code for America 2014 Fellowship Program with Code for America Labs, Inc. for $180,000 (Resolution 0983-13) **Grants** Grant awards included: * $20,000 for Distracted Driving Related Services from Ky. Transportation Cabinet, Office of Highway Safety Programs (Resolution 0954-13) * $15,000 for Tree Canopy Assessment and Planting Plan from Ky. Division of Forestry (Resolution 0916-13) * $27,979.72 for capital improvements to Family Care Center from Bluegrass Area Development District (Resolution 0923-13) * $145,326.91 for continuation of Litter Abatement Program from Ky. Energy and Environment Cabinet (Resolution 0849-13) * $9,837,063 Low Interest State Revolving Fund Loan for Lower Cane Run Wet Weather Storage Project from Ky. Infrastructure Authority (Resolution 0901-13) **Bond Issuances** Three bond issuances were approved: * Issuance of Various Purpose General Obligation Bonds, Series 2013C for $18,250,000 (Resolution 0930-13) * Refunding of General Obligation Public Project Bonds, Series 2013D for $80,000,000 (Resolution 0931-13) * Refunding of Sewer System Revenue Bonds, Series 2013E for $35,000,000 (Resolution 0932-13) ## Public Comment Four members of the public addressed the council during this meeting, raising concerns about ordinances, capital project funding, traffic management, and district spending priorities. **Pedestrian-Oriented Business District Ordinance** David Stubblefield objected to the approval of Ordinance 9941-13 regarding a Pedestrian-Oriented Business District [timestamp: 00:53:11]. He cited lack of notice and expressed concern about potential negative impacts on property values and parking availability in the Center Court Condominium area. **Capital Projects Funding Allocation** Nathan Dickerson criticized the reallocation of $3.75 million to council districts [timestamp: 00:57:03]. He characterized the funding approach as bad public policy and advocated for transparent, merit-based allocation methods rather than what he described as pork barrel spending. **Downtown Traffic and Street Design** Bernard McCarthy addressed traffic and street design issues in downtown [timestamp: 00:59:18]. He advocated for maintaining one-way streets in the downtown area and expanding lanes to accommodate bike traffic and turn traffic. McCarthy emphasized the importance of avoiding further traffic congestion. **District Spending and Essential Services** Robert Dalton praised Council Member Ford for opposing funding to the Bluegrass Area Development District [timestamp: 01:01:09]. Dalton urged the council to prioritize essential city services before allocating funds to district-level projects. ## Appointments The following individuals were reappointed to their respective boards and commissions: - **Rashmi Adi-Brown** was reappointed to the Domestic Violence Prevention Board - **Douglas Applier** was reappointed to the Greenspace Commission - **Kyna Koch** was reappointed to the Housing Authority Board of Directors - **Wayne Masterman** was reappointed to the Parking Authority Board - **Marian Guinn** was reappointed to the Social Services Advisory Board ## Contested Items Three significant areas of disagreement emerged during this meeting: **Ordinance 0941-13 (Pedestrian-Oriented Business District)** Community member David Stubblefield objected to this ordinance, citing lack of notice to affected residents and concerns about potential negative impacts on property values and parking in the area. His opposition reflected broader community concerns about the implementation and communication surrounding the proposed business district designation. **Council Capital Projects Funding Allocation** The council experienced a split decision on capital projects funding. Council Member Ford introduced a motion to reduce funding and centralize the allocation process, which passed with a 10-4 vote. However, a subsequent motion to repeal the capital expenditure policy failed to gain sufficient support, receiving only 6 votes in favor against 7 opposed. This outcome left the funding structure partially modified but not fundamentally restructured as some members had sought. **Public Funding for Council District Projects** A heated discussion arose regarding how public funding for council district projects should be allocated. Nathan Dickerson criticized the existing funding model as bad public policy and advocated for an alternative approach. He called for transparent, merit-based project funding rather than the current system of district-specific allocations. This disagreement reflected fundamental differences in philosophy about how municipal resources should be distributed and what criteria should guide funding decisions. ## Amending Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations related to vehicle repair accessory to residential uses The meeting considered ordinance 0909-13, which amends Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations for vehicle repair activities that are accessory to residential uses [timestamp: 00:24:00]. King presented the ordinance, which addresses zoning rules governing vehicle repair in residential zones. The ordinance clarifies how such accessory repair activities are regulated within residential areas. The ordinance proceeded to a second reading. No amendments were proposed or made during the voting process. **Outcome:** The ordinance was approved. ## Amending Articles 1, 3, and 8 of the Zoning Ordinance to regulate parking and storage of business vehicles, trailers, equipment, and associated materials in residential zones **Agenda Item:** 0910-13 **Type:** Ordinance (Second Reading) **Overview** The council considered an ordinance to amend Articles 1, 3, and 8 of the Zoning Ordinance to establish regulations governing the parking and storage of business vehicles, trailers, equipment, and associated materials within residential zones. The ordinance aims to prevent misuse of residential properties and maintain neighborhood standards. **Discussion** King presented the ordinance during the meeting [timestamp: 00:24:00]. **Outcome** The ordinance was **approved** during its second reading. The measure establishes rules to regulate how business vehicles and equipment may be stored in residential areas, providing clearer standards for property owners and enforcement by local authorities. ## Amending Article 5 of the Zoning Ordinance to clarify the government's ability to abate zoning violations **Outcome:** Approved during second reading **Overview** The meeting included consideration of an ordinance amendment to Article 5 of the Zoning Ordinance. The amendment clarifies the government's authority to enforce zoning compliance and abate violations without requiring new legal proceedings. **Key Speaker** King presented on this agenda item [timestamp: 00:24:00]. **Action Taken** The ordinance amendment was approved during its second reading. ## Creating Section 15-12 of the Code of Ordinances regulating itinerant merchants, peddlers, and door-to-door sales The council considered ordinance 0909-13, which creates Section 15-12 of the Code of Ordinances to regulate itinerant merchants, peddlers, and door-to-door sales [timestamp: 00:24:00]. **Key Changes** The ordinance was amended to remove hour restrictions on door-to-door sales prior to the vote. The measure establishes rules governing conduct, registration requirements, and penalties for transient vendors operating within the jurisdiction. **Discussion and Outcome** Maynard addressed the council regarding this agenda item. The ordinance proceeded to a second reading and was approved with unanimous support from the council. ## Authorizing issuance of Various Purpose General Obligation Bonds, Series 2013C **Outcome:** Approved during second reading **Overview:** The ordinance authorizing the issuance of Various Purpose General Obligation Bonds, Series 2013C was presented for consideration. The measure authorizes up to $18.25 million in bonds for general municipal purposes, with provisions for payment, security, and bond issuance procedures. **Key Speaker:** O'Mara addressed the body regarding this agenda item [timestamp: 00:24:00]. **Action Taken:** The ordinance was approved during its second reading. ## Authorizing issuance of Various Purpose General Obligation Refunding Bonds, Series 2013D **Agenda Item:** 0931-13 The ordinance authorizing the issuance of Various Purpose General Obligation Refunding Bonds, Series 2013D was presented for second reading [timestamp: 00:24:00]. **Overview** The ordinance authorizes up to $80 million in refunding bonds. These bonds are designed to replace older public project bonds, with the goal of improving financial efficiency. **Outcome** The ordinance was approved during second reading. **Key Speaker** O'Mara presented on this agenda item. ## Authorizing issuance of Sewer System Refunding Revenue Bonds, Series 2013E **Ordinance 0932-13** [timestamp: 00:24:00] The ordinance authorizing the issuance of Sewer System Refunding Revenue Bonds, Series 2013E was approved during second reading. The measure authorizes up to $35 million in refunding bonds for sewer system debt. **Key Details** The ordinance establishes escrow and trust agreements to manage the refunding bond proceeds. These financial instruments are designed to refinance existing sewer system obligations. **Outcome** The ordinance was approved. ## Creating a Pedestrian Oriented Business District for properties on S. Limestone **Ordinance 0941-13** This ordinance received approval during its second reading [timestamp: 00:24:00]. The measure designates a specific corridor on S. Limestone Street as a pedestrian-friendly business district with the goal of promoting walkability and encouraging economic activity in the area. **Key Speaker** Maynard presented information on this agenda item. **Outcome** The ordinance was approved. ## Amending budgets to reallocate $2.25 million for capital projects from General Services District Fund **Item Number:** 0944-13 **Type:** Ordinance **Overview** The council considered an ordinance to reallocate $2.25 million in capital project funds from the General Services District Fund. The proposal involved moving funds from individual council offices to a central council account for capital projects. **Discussion** Ford presented the ordinance [timestamp: 00:20:48]. **Outcome** The ordinance was amended and approved for first reading. ## Authorizing conditional offers for probationary civil service appointments **Resolution 0985-13** [timestamp: 00:44:48] This resolution authorized conditional offers for probationary civil service appointments across multiple departments. The measure was approved during its second reading. **Scope** The resolution covered conditional offers for civil service positions in several departments, including: - Police - Community corrections - Parks **Discussion and Outcome** Maxwell presented the resolution. The measure was approved without noted objections or significant debate during the second reading. ## Authorizing agreement with Bluegrass Youth Ballet for Office of the Urban County **Resolution 0980-13** The Council approved a resolution authorizing an agreement with Bluegrass Youth Ballet for cultural programming support through the Office of the Urban County Council. [timestamp: 00:44:48] The resolution authorized a $300 contract with the organization. Maynard addressed the Council regarding this agenda item. The resolution was approved during second reading. ## Authorizing agreement with Code for America Labs for fellowship program **Resolution 0983-13** The body approved an agreement with Code for America Labs to support a civic technology fellowship program during the second reading of this resolution [timestamp: 00:44:48]. **Key Details** The resolution authorizes a $180,000 agreement with Code for America Labs for the fellowship program. **Outcome** The resolution was approved. ## Authorizing change order for Phoenix/Police Headquarters Elevator Renovation Resolution 0950-13 was presented for consideration during this meeting [timestamp: 00:38:28]. The resolution authorizes a change order for the Phoenix Police Headquarters elevator renovation project. **Key Details** The change order increases the contract price by $2,297.31 to cover additional work required for the elevator renovation project. **Discussion and Outcome** Reed presented the item to the body. The resolution was approved during its first reading. ## Renaming Whitney Young Park Neighborhood Building to Charles H. Quillings Neighborhood Building **Agenda Item:** 0953-13 **Type:** Resolution **Overview** The meeting included consideration of a resolution to formally rename the Whitney Young Park Neighborhood Building to the Charles H. Quillings Neighborhood Building. The renaming honors Charles H. Quillings, identified as a community leader. **Discussion** Reed presented this agenda item during the meeting [timestamp: 00:39:31]. **Outcome** The resolution was approved during its first reading. ## Amending HUD grant to permit tenant-based rental assistance program **Identifier:** 0958-13 **Type:** Resolution This resolution amended a housing grant to allow the use of funds for a tenant-based rental assistance program. [timestamp: 00:40:33] **Key Speakers:** - Gooding - Hamilton **Outcome:** The resolution was approved during first reading. ## Accepting grant from Ky. Transportation Cabinet for distracted driving services The body approved a resolution (0954-13) accepting a $20,000 federal grant from the Kentucky Transportation Cabinet for distracted driving prevention programs [timestamp: 00:39:31]. Key speakers on this item included Gooding and Mason. The resolution passed its first reading. The grant will support distracted driving services and prevention initiatives within the jurisdiction. ## Amending Resolution 364-2013 to correct payment account Resolution 0956-13 addressed a correction to payment account information contained in a prior bid acceptance resolution. [timestamp: 00:40:03] Martin presented this agenda item, which sought to amend Resolution 364-2013 to correct a payment account error. The resolution was approved during its first reading. No additional concerns or debate were noted in the available record. ## Accepting bid for emergency pump connections Resolution 0952-13 regarding the acceptance of a bid for emergency pump connections was presented during the meeting. [timestamp: 00:33:09] Martin addressed this agenda item, which involved accepting a bid from Bluegrass Contracting Corp. for emergency pump services. The resolution received approval during its first reading. No additional concerns or debate were documented during this discussion. ## Accepting bid for ammunition for the Division of Police Resolution 0959-13 addressed the procurement of ammunition for the Division of Police through a competitive bidding process. [timestamp: 00:33:40] **Outcome** The resolution was approved during its first reading. The bid from Kiesler Police Supply for ammunition procurement was accepted. **Speakers** Bastin presented this agenda item to the body. ## Accepting bid for temporary labor services Resolution 0986-13 addressed the acceptance of a bid for temporary labor services. [timestamp: 00:33:40] Baradaran presented this agenda item to the body. The resolution proposed accepting a bid from OmniSource Staffing for temporary labor services. The resolution was approved during its first reading. ## Accepting bid for telephone maintenance services A resolution to accept a bid for telephone maintenance services was presented during the meeting [timestamp: 00:33:40]. The resolution proposed accepting a bid from Windstream Communications for telephone maintenance. Nugent addressed this agenda item during the discussion. The resolution was approved during its first reading. ## Ratifying civil service appointments and leave This resolution, identified as 0984-13, ratified probationary and permanent civil service appointments as well as approved leave for several employees. [timestamp: 00:34:11] Maxwell presented the item to the body. The resolution addressed personnel matters related to civil service staffing, including the formalization of probationary appointments to permanent status and the authorization of employee leave. The resolution received approval during its first reading. ## Amending budgets to reflect current requirements An ordinance to amend the budget to reflect updated municipal expenditures was presented for first reading [timestamp: 00:25:33]. **Presentation and Discussion** Leuker addressed this agenda item, presenting the proposed budget amendments to account for current municipal requirements. **Outcome** The ordinance was approved during first reading. ## Amending Code of Ordinances to reclassify traffic engineer position **Agenda Item:** 0942-13 The council considered an ordinance to reclassify the traffic engineer position within the city's organizational structure [timestamp: 00:25:02]. **Summary of Action** The ordinance proposes to abolish one Associate Traffic Engineer position and create a new Traffic Engineer position with a higher grade classification. This reclassification represents a change in the staffing structure and compensation level for this role. **Speakers and Discussion** Maxwell presented information regarding this agenda item during the meeting. **Outcome** The ordinance was approved during its first reading. The item will proceed to subsequent readings before final adoption. ## Amending Code of Ordinances to reclassify information systems specialist **Identifier:** 0955-13 **Type:** Ordinance Maxwell presented this ordinance, which proposes to amend the Code of Ordinances through a reclassification of positions [timestamp: 00:25:33]. The measure abolishes one Staff Assistant Sr. position and creates a new Information Systems Specialist position in its place. The ordinance was approved during its first reading. No additional concerns or debate were documented during this initial consideration of the measure. **Outcome:** First reading approved ## Communications from the Mayor: Reappointments **Item 0983-13** The City Council approved reappointments to several boards and commissions during the second reading of this agenda item [timestamp: 00:50:12]. **Reappointments Recommended** The communications from the Mayor recommended reappointments to the following: * Domestic Violence Prevention Board * Greenspace Commission **Outcome** The reappointments were approved by the Council. ## Change order for elevator renovation project A resolution regarding a change order for the Phoenix/Police Headquarters elevator renovation project was presented for first reading. The change order increases the contract price by $2,297.31. Reed presented this agenda item. The resolution received approval during the first reading. [timestamp: 00:38:28] ## Renaming Whitney Young Park Neighborhood Building This resolution, identified as 0953-13, proposed renaming the building at Whitney Young Park in honor of Charles H. Quillings. [timestamp: 00:39:31] Reed presented the item to the body. The resolution was approved during its first reading. ## Amending HUD grant for tenant-based rental assistance **Identifier:** 0958-13 **Type:** Resolution This resolution amends a housing grant to allow the use of funds for a tenant-based rental assistance program. [timestamp: 00:40:33] **Key Speakers:** - Gooding - Hamilton **Outcome:** The resolution was approved during first reading. ## Accepting grant for distracted driving services This agenda item (0954-13) involved a resolution to accept a $20,000 federal grant for distracted driving prevention programs [timestamp: 00:39:31]. **Key Speakers** The discussion was led by Gooding and Mason. **Outcome** The resolution was approved during first reading. ## Amending Resolution 364-2013 to correct payment account Resolution 0956-13 addressed a correction to payment account information contained in a prior bid acceptance resolution. Martin presented the item during the meeting. The resolution was approved during its first reading. The measure corrected a payment account error that had been identified in an earlier resolution, ensuring accurate payment processing for the affected transaction. **Outcome:** First reading approval --- ## Decisions - **Ordinance 0944-13** — passed (10-4): Amendment to reduce reallocation of $3.75 million to $2.25 million and reassign funds to the General Council Office - **Resolution 0944-13** — failed (6-7): Motion to repeal Resolution No. 177-2006 and Resolution No. 368-2006 on capital expenditure policy - **Ordinance 0909-13** — passed (14-0): Amendment to remove Subsection 15-12(b)(2) restricting door-to-door sales hours - **Ordinance 0909-13** — passed (14-0): Second reading of amended ordinance regulating itinerant merchants, peddlers, and door-to-door sales - **Ordinance 0944-13** — first_reading (0-0): First reading of amended ordinance reallocating $2.25 million to General Council Office for capital projects - **Ordinance 0909-13** — passed (14-0): Second reading of zoning amendments related to vehicle repair, parking, and enforcement - **Resolution 0883-13** — passed (13-0): Second reading of resolution accepting bid for hazardous material spill cleanup - **Resolution 0985-13** — passed (12-0): Second reading of resolution authorizing conditional offers for civil service appointments - **Resolution 0980-13** — passed (12-0): Second reading of resolution authorizing agreement with Bluegrass Youth Ballet - **Resolution 0983-13** — passed (12-0): Second reading of resolution authorizing agreement with Code for America Labs for fellowship program - **Resolution 0983-13** — passed (14-0): Second reading of resolution approving communications from the Mayor - **Resolution 0983-13** — passed: Motion to approve disciplinary action against Officer Stephen McCain --- ## Full transcript I'll call the meeting to order and welcome everyone and begin by calling on Councilmember Ellen. We'll get a roll call first, right? Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Here. Mr. Myers? Here. Ms. Gutchfield? Here. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. Mr. Clark? I'm here. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gordon? Write it down. Ms. Henson? Here. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. Next on our agenda before the closed session, Council Member Ellinger will have a motion regarding tonight for the invocation we had invited Reverend McClellan from Trinity Baptist Church. Reverend McClellan is a naval reservist and he has been called up so he was not able to be with us tonight. So I'll ask that in his absence that we will acknowledge his service and thank him for the service to the country, and also that we will just take a moment of standing silence. Thank you. All right. Thank you all. All right. Now, in the interest of and consideration of some who are with us tonight for a closed session, I'll call on Council Member Ellinger for a motion. Thank you, Mayor. Since we have some attorneys here that are on the clock right now, we'd like to go ahead, if we could, get this closed session moving. So I move that we go into closed session pursuant to KRS 61.8101F for the purpose of discussion, which might lead to the discipline or dismissal of an individual employee. So moved. Second. Motion by Council Member Ellinger. Second by Council Member Henson. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. The motion carries. And we will, the council will now enter closed session. and I will need to ask if everyone here will please exit the council chambers while the council is in closed session. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. So, Chair will accept a motion to approve minutes of the previous meetings. Second. Motion by Council Member Ellinger, seconded by Council Member Kaye. 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. All right. We can move on then to ordinances for a second read. Madam Clerk, whenever you're ready, there is a motion, I understand, on number 4 by Council Member Henson. And number 10 as well. All right. So, all right. Madam Clerk, before you start reading, I'll call on Council Member Ford for a motion. Thank you, Mayor, and members of the Council. I've had the opportunity, luckily, to speak with most of you today. It's in regards to Ordinance No. 10 that's on our docket, No. 944-13, as it pertains to the Council's capital projects. Mayor, thanks for allowing me to speak. I'm going to bring forth a motion to amend that ordinance. But at your desk, you guys have a memo for myself that states why I bring forth this motion. And then we also have another motion for the resolution. What we have on the docket is a budget amendment that will move $3.75 million to the respective council member's office for capital projects. It calls for the direct allocation of $250,000 to each council member's office. The reason I bring forth this motion to amend is twofold. I do believe that we should have a commitment, as we do as a council, to reinvest in our particular districts. But the way we go about doing that is very important, that we do it in a way of transparency, stewardship, and collaboration. So without further ado, I would move to amend Ordinance No. 10 on tonight's docket by reducing the reallocation from $3.75 million to $2.25 million. Furthermore, this amendment reassigns the allocation of these funds from respective council members' offices to a budget account assigned to the general council office. So moved. Second. Motion by Council Member Ford. Second by Council Member Akers. Motion to amend. Is there any discussion on the motion? Council Member Beard? Yes. Council Member Ford, again, $2,250,000. I heard $2.25,000, and that doesn't fly. I don't think. The $2,250,000 does. That's right. $2,250,000. And, Mayor, I fail to realize both of these amendments constitute a material change, which will require a new first reading of the ordinance. All right. All right. Is there any further discussion on the motion? Motion to amend. All right. Hearing none, they can take a vote. All in favor of the motion to amend, please indicate by saying aye and voting electronically. Opposed? No. Motion carries. All right. Motion carries 10 to 4. All right. Council Member Ford. The additional resolution, the motion that I have for the resolution as it pertains to the capital expenditure policy, it would be a walk-on to the motion, but I think as it pertains to this subject, I want to go ahead and bring it forth now. It will be a first motion for... I move to place on the docket a resolution repealing Resolution No. 177-2006, adopting the Council capital expenditure policy, and also repealing Resolution No. 368-2006, amending the same. So move. Motion by Council Member Ford. Second by Council Member Massadi. Is there any discussion on the motion? Council Member Ellinger. Thank you, Mayor. Council Member Ford, could you explain what this would do in repealing? Yes, sir. Thank you, Council Member. I'll be glad to. The members and officials of the law department distributed for our benefit on Tuesday both of these resolutions, which set up, I guess, back in 2006, they established a policy that this council used in prior times to administer capital projects directly from the council office. It identified the type of projects. It identified on how to go about doing those. This is the policy that really constituted and validated what the previous ordinance was. Our discussion to divide the fund balance per council districts stood on the legislative basis of this resolution. And one of the first things that this resolution says is it calls for the division of funds by 115th to the divisions of the council office. I think what I've recognized and observed here recently is a major pushback. Economically and politically, the environment has changed from the time that the last time the council moved forward with projects. And to allow just for council members to go forth and bring back projects without bringing them to the full vetting of the council. so that's the purpose of this repealing of this ordinance my understanding from our financial officials in the government it was the understanding that when this was adopted in 2006 it would be a routine exercise of the council but since that first rollout we have not done that since and it appears that it is perhaps not the best policy to use for our limited resources all right council member k thank you mayor um i was not here for the meeting when the first vote was taken on this motion and uh had i been here i would have voted no i voted in favor of the amendment because i believe that that's an improvement it takes the allocation of funds out of individual council members hands but i still have questions and i think we need more time to answer them about the way whether this allocation of funds is still the most appropriate thing to do and i understood that we would have that discussion as part of the larger discussion about the fund balance next month So first reading when? This is the first reading. The first reading would be tonight. And the second reading then? Next week. No, it would be the 26th of September. So it would be before the... So it may be tabled, it could be tabled, I'll be inclined to vote against on the basis that I think we need more time for a fuller discussion. Thank you, Mayor. Thank you, Councilman McKay. Anyone else wish to speak to the motion? All right. There's no further discussion, then we can take a vote. All in favor of the motion, please indicate on the resolution. In favor of the motion, please indicate by saying aye. And voting electronically. All right. All right. It looks like the motion fails. Thank you, Mayor. All right. Thank you, Council Member Ford. All right. That allows us then to, we will, I guess while we're making amendments, Council Member Henson, do you want to make your amendment now? Do you have it right on number four? I have an amendment to, I move to amend ordinance number four pertaining to the regulation of merchants. Peggy, is your microphone on? It is. Okay, all right. There we go. Okay. Can you hear me now? Better. Yes, ma'am. Pertaining to the regulation of merchants, which is scheduled for second reading to remove subsection 15-12B2, which places hours restrictions on the door-to-door cells. This change is not material, and a new first reading of the ordinance is not required. Second. All right. Motion by Council Member Henson, second by Council Member Ellinger. Is there any discussion on the motion? All right. On hearing no, we can take a vote then. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk, that allows us to begin a read of the ordinances whenever you're ready. Thank you, ma'am. Thank you. Ordinance number one, an ordinance amending Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations related to vehicle repair accessory to residential uses, Urban County Planning Commission. Number two, an ordinance amending Articles 1, 3, and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment, and associated materials in residential zones, Urban County Planning Commission. Number three, an ordinance amending Article 5 of the zoning ordinance to provide clarification about the government's ability to abate a violation of the zoning ordinance. If you'll give me just a moment to check on the title for number four. While we're getting the title corrected for Ordinance No. 4, I'm going to skip ahead and we'll come back to it. Ordinance No. 5, an ordinance of the Lexington Fayette Urban County Government authorizing the issuance of various purpose general obligation bonds, Series 2013C, in the aggregate principal amount not to exceed $18,250,000, approving the form of the Series 2013C bonds, authorizing designated officers to execute and deliver the Series 2013C bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the Series 2013 C bonds, creating bond payment funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2013 C bonds, and repealing inconsistent ordinances. Number six, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of Lexington-Fayette Urban County Government Various Purpose General Obligation Refunding Bonds, Series 2013-D, in one or more sub-series in an aggregate principal amount not to exceed $80 million for the purpose of refunding, one, all or a portion of the outstanding principal amount of Lexington-Fayette Urban County Government Taxable General Obligation Public Project Bonds, Series 2010-A, Build America Bonds Direct Pay, dated February 17, 2010, two, all or a portion of the outstanding principal amount of Lexington-Fayette Urban County Government various purpose general obligation public projects bonds, Series 2010-F, federally taxable Build America bonds, direct payment to the issuer, dated December 28, 2010, and three, all or a portion of the outstanding principal amount of Lexington Fayette Urban County Government various purpose general obligation public projects bonds, Series 2010-G, federally taxable recovery zone economic development bonds, direct payment to the issuer, dated December 28, 2010, approving a form of bond, authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund and escrow funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2013-D Refunding Bonds, authorizing an escrow trust agreement, and repealing inconsistent ordinances. Number seven, ordinance of the Lexington Fayette Urban County Government authorizing and providing for the issuance of Sewer System Refunding Revenue Bonds, Series 2013-E, in one or more sub-series in an aggregate principal amount not to exceed $35 million, dated the date of delivery, for the purpose of refunding all or a portion of the outstanding principal amount of its taxable sewer system revenue bonds, Series 2009, Build America Bonds, direct pay, setting forth the terms and conditions upon which said Series 2013-E bonds are to be issued and outstanding, approving a form of bond, authorizing designated officers to execute and deliver the Series 2013-E bonds, creating an escrow fund, authorizing a certificate of award for the acceptance of the bid of the purchaser for the purchase of the Series 2013 E bonds, authorizing an escrow trust agreement, and taking other related actions. Number eight, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 11. Number nine, an ordinance creating a pedestrian-oriented business district for properties located at 303, 304, 315, 319, 325, 327, 329 to 333, 341, 345, 357, 371, 377, 385, and 395 South Limestone Street. Number 10 was amended. This is for first reading only. An ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $2,250,000 in the Office of the Urban County Council for capital projects from the fund balance of the General Services District Fund and appropriating and reappropriating funds at Schedule Number 13 and Number 4. Whoop, whoop, whoop. All right. Yeah, Number 10. It was read correctly, just we can't correct it on the screen. Okay. This is a second. It was just for first reading. Not yet, and we're still getting the title for Number 4. All right. Thank you. Motion approved. It's a motion by Council Member Allinger. Is there a second? Second. We've still got one more ordinance. Number four we still need to do. We still need to read. Number four? Yes, sir. All right. So we'll take another. We'll just hold that. Let's redo it. Thank you. Thank you. and Fayette Urban County Government pertaining to the general regulation of itinerant merchants, peddlers, and door-to-door sales, and providing for general conduct, public safety, transient merchant registration, parking restrictions, maintenance, garbage, and recycling requirements, noise and lighting restrictions, hours of operation from 7 a.m. to 11 p.m. or later, location restrictions for peddlers and itinerant merchants with additional restrictions for itinerant merchants, no sales by itinerant merchants on public property, creating Section 1513 of the Code of Ordinances, providing for exceptions for mobile food unit vendors, wholesalers, bazaars, malls, yard and garage sales, and not-for-profits, and creating Section 1514 of the Code of Ordinances, providing for a penalty in an amount not to exceed $250, all effective 30 days from passage. All right. Thank you, Madam Clerk. Is there a motion? Council Member Ellinger. I'm second. I'm seconded by Council Member Myers. Is there any discussion on the motion? All right. And when you're ready, Madam Clerk, please call the roll. And just to be clear, this is only on Ordinances 1 through 9. Yes. Just everybody understand that? 1 through 9, not 10. Mr. Lane? Yes, on Ordinance 1 through 9. Ms. Lawless? Yes, on 1 through 9. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes, on 1 through 9. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, on all. Mr. Beard? Yes, on all. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. allows us to move on to ordinances for a first read. Whenever you're ready. Ordinance number 11, an ordinance amending section 2152 of the Code of Ordinances abolishing one position of associate traffic engineer, grade 115E, and creating one position of traffic engineer, grade 117E, and reclassifying the incumbent due to engineering licensure obtainment in the Division of Traffic Engineering and appropriating funds pursuant to Schedule No. 14, effective retroactive to June 17, 2013. Number 12, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Staff Assistant Senior, Grade 108N, and creating one position of Information Systems Specialist, Grade 111N, both in the Division of Parks and Recreation, and appropriating funds pursuant to Schedule No. 15, effective upon passage of Council. And number 13, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds at Schedule No. 12. Thank you, Madam Clerk. Is there a motion? No, wait a minute. Are there any walk-ons, suspensions? All right, none. Did I hear someone say something? All right. We have none. Then, Madam Clerk, we can move on to the resolutions for a second read. Resolution number one, a resolution accepting the bid of Purdue Environmental Contracting Company, Incorporated, doing business as PECO LLC, establishing a price contract for hazardous materials fill cleanup for the Division of Fire and Emergency Services. Number two, a resolution accepting the bid of ZKB Services LLC, establishing a price contract for clearing and grubbing services for sanitary sewer manholes for the Division of Water Quality. Number three, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Central Indiana Truck Equipment Corporation, a sole source provider, for purchase of Heil Python multi-pack refuse truck bodies for the Division of Waste Management at a cost not to exceed $211,769 each. Number four, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute multi-year agreements with Time Warner Cable for connectivity for the EDAC's radio system and net motion Internet access for the Division of Fire and Emergency Services at a cost not to exceed $14,280 for fiscal year 2014. Number five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $145,326.91 Commonwealth of Kentucky funds, are for continuation of the litter abatement program, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number six, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Murphy and Graves Architects for Design and Engineering Services for renovation of the Emergency Operations Center at 115 Cisco Road at a cost not to exceed $427,000. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Columbia Gas of Kentucky for relocation of utilities for the Clays Mill Road Improvements Project, Section 2C, at a cost not to exceed $38,281. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a purchase of services agreement with the University of Kentucky and the U.K. Arboretum for stormwater education and outreach workshops for the Division of Environmental Policy at a cost not to exceed $50,000. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a Memorandum of Understanding with Bluegrass Chapter of American Red Cross for assistance to families affected by disasters. Number 10, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a donation agreement with Wells Fargo Bank N.A. accepting the donation of the property located at 471 North Upper Street and authorizing the Mayor on behalf of the Urban County Government to execute a deed and any other documents necessary to transfer the property to the Fayette County Local Development Corporation for construction of affordable housing for low-income households. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit an application to the Kentucky Infrastructure Authority, KIA, and to provide any additional information requested in connection with the application for a low-interest state-revolving fund loan in the amount of $9,837,063 for the Lower Cane Run wet weather storage project. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order No. 2 to the contract with Churchill McGee, LLC for the Carver Community Center renovation for the Newtown Pike Extension Project, increasing the contract price by the sum of $2,405.56 from $1,098,175.85 to $1,100,581.41. No. 13, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an addendum to the agreement with Power Phone Incorporated to provide training and materials related to emergency medical dispatch certification for E911 personnel at an estimated cost not to exceed $9,176. Number 14, a resolution authorizing the mayor on behalf of the Urban County Government to execute a services agreement with Rave Wireless Incorporated doing business' Rave mobile safety to provide software, training, and implementation services related to E911 system for a period of up to five years subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $107,000 in fiscal year 2014. Number 15, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Forestry and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $15,000 federal funds and are for Lexington's tree canopy assessment and planting plan. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Bluegrass Area Development District and 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 $27,979.72 Commonwealth of Kentucky funds are for capital improvements to the Family Care Center, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you, Madam Clerk. Is there a motion? Motion to approve. Motion by Council Member Ellinger. Second by Council Member Scutchfield. Is there any discussion on the motion? All right, then hearing none. Y'all okay? Oh, we don't have a quorum issue. I have a quorum. All right. He's back. Whenever you're ready, Madam Clerk, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stenna? Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Yes. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. All right. Thank you, Madam Clerk. This allows us to move to a first reading of resolutions. At the end of the first reading, I believe Councilmember Clark has a walk-on and we do have a public hearing on number 25. All right. So if you'll stop at number before that, then we'll have it conduct a public hearing. Thank you, Madam Clerk. Resolution number 17, a resolution accepting the bid of Bluegrass Contracting Corporation, establishing a price contract for emergency pump connections for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Bluegrass Contracting Corporation related to the bid. Number 18, a resolution accepting the bid of Kiesler Police Supply, establishing a price contract for ammunition for the Division of Police. Number 19, a resolution accepting the bid of Omnisource Integrated Supply, LLC, doing business as Omnisource Staffing, establishing a price contract for temporary labor for the Division of Facilities and Fleet Management, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Omnisource Staffing related to the bid. Number 20, a resolution accepting the bid of Windstream Communications, Inc., establishing a price contract for telephone maintenance for the Division of Computer Services and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Windstream Communications, Inc. related to the bid. Number 21, a resolution ratifying the probationary civil service appointments of Brooke Gray Program Specialist, Grade 112E, 1,517.20 biweekly in the Division of Water Quality, effective October 21, 2013. Michael Thomas, Trades Worker Senior, Grade 109N, 17.620 hourly in the Division of Streets and Roads. Jonesia Harris, Telecommunicator, Grade 111N, 18.603 hourly in the Division of Police. Thad Scott, Code Enforcement Supervisor, Grade 116E, 2253.84 biweekly in the Division of Code Enforcement, all effective upon passage of counsel. Ratifying the permanent civil service appointment of Yvonne Brown, Staff Assistant Senior, Grade 108 N, 14.352 hourly in the Division of Human Resources, effective August 25, 2013. Ratifying the approved council leave for Thomas Keller, Public Service Supervisor, Grade 111 N, in the Division of Streets and Roads, beginning September 4, 2013 to December 4, 2013. Number 22, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tamar Tompkins, Staff Assistant Senior, Grade 108N, 13.283 hourly in the Division of Water Quality, effective September 16, 2013. Deborah Phelps, Code Enforcement Officer, Grade 113N, 16.624 hourly in the Division of Code Enforcement. Shelly Ross, Child Care Program Aid, 107N, 11.790 hourly in the Division of Family Services. Eldrico Clay, Public Service Worker, Grade 106N, 11.775 hourly in the Division of Water Quality, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Evan Willems, Staff Assistant Senior, Grade 108 N, 12.185 hourly in the Division of Parks and Recreation, effective September 16, 2013. Authorizing the Division of Human Resources to make a conditional offer to the following probationary community corrections officer appointments. Justin Clark, Jesus Contreras, Selena Daniels, Vicki Dickerson, Misty Ellis, Cara Francis, Andrew Ginn, Jackie Glass, Lila Goodpastor, George Grayson, Anne Grease, Jeffrey Johnston, Hannah Joyner, Alyssa Lawrence, Jennifer Lynch, Vance Meehan, Justin Clark, Makisha Mullins-Bulley, Jessie Neese, Cassandra Reynolds, Matthew Ritchie, L'Oreal Russell, Christopher Toon, Wayne Wilson, and Zachary Urie, Community Corrections Officer, Grade 110N, 14.34 Hourly in the Division of Community Corrections, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Michael Algier, Corey Barron, Anthony Beatty, Jonathan Brown, Keisha Compton, Byron Creekmore, Joseph Danielson, Jennifer Day, John Finley, Brandon Gibbs, Dusty Gigenday, Donovan Greider, Ethan Jennings, Philip Johnson, Michael Jones, Elizabeth Canis, Corey Lane, Matthew Lee, Cody McMillan, Ryan Scott, Andrew Strong, Alexander White, Stephen Wiggins, Ryan Wilson, and Joshua Woodward, police officer, grade 311N, 17.649 hourly in the Division of Police, all effective upon passage of counsel. Number 23, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility usage agreement with Fayette County Board of Education for Parks and Recreation, ESP, and real programs at a cost not to exceed $70,000. Number 24, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Windstream Communications for relocation of utilities for the Clays Mill Road Improvements Project, Section 2C, at a total cost of $401,088.62, of which an amount not to exceed $16,743.76 is the responsibility of the urban county government. All right. Thank you, Madam Clerk. This is a public hearing now. There is a public hearing tonight regarding a change in use for a portion of the property located at 1050 Delaware Avenue, declaring that portion of the property as surplus and authorizing the mayor on behalf of the Lexington Bay and Urban County Government to execute a deed and any other documents necessary for the sale and transfer of the property. So I'll declare that the hearing regarding this is now open and does anyone wish to address the council regarding this issue. All right. And I have no one signed up to address the council. So hearing no one wishing to speak to this, I will now declare that the hearing is closed and ask the clerk to continue reading. Resolution number 25. A resolution authorizing a change in use for a portion of the property located at 1050 Delaware Avenue declaring that portion of the property a surplus and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute a deed and any other documents necessary for the sale and transfer of the property, the proceeds from which shall be returned to the Community Development Block Grant Program. Number 26, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Kentucky Utilities for relocation of utilities for the Clay's Mill Road Improvements Project, Section 2C at a total cost of $42,694.77, of which an amount not to exceed $35,009.71 is the responsibility of the Urban County Government. Number 27, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Oracle Elevator for the Phoenix Police Headquarters Elevator Renovation Project, increasing the contract price by the sum of $2,297.31 from $568,775 to $571,072.31. Number 28, a resolution authorizing the Whitney Young Park neighborhood building to be renamed to the Charles H. Quillings neighborhood building. Number 29, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet Office of Highway Safety Programs, which grant funds are in the amount of $20,000 federal funds are for the provision of distracted driving-related services, the acceptance of which does not obligate the Lexington-Fayette Urban County Government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 30, a resolution amending Resolution No. 364-2013 accepting the bid of DMH Construction, Inc. to provide for payment from the correct account. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the U.S. Department of Housing and Urban Development, amending the housing opportunities for persons with AIDS grant to permit use of the grant funds for operation of a tenant-based rental assistance program, and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an amendment to agreement with AIDS Volunteers Incorporated for operation of the program at no cost to the Urban County Government. Number 32, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Youth Ballet, $300 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 33, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 4250 8th and Spoonsboro Road for the Blue Sky Pump Station and Force Main Project. All right. Thank you, Madam Clerk. Are there any motions for walk-ons? Council Member Clark. Thank you, Mayor. I move to place on the docket a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Code for America Labs, Incorporated for participation in the Code for America 2014 Fellowship Program at a cost not to exceed $180,000. So move. Second. Motion by Council Member Clark, second by Council Member Lawless. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Are there any motions for second reads? Would you like me to go ahead and do first reading on that resolution? Okay. That's fine. Yes, ma'am. That will be resolution number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Code for America Labs, Incorporated for participation in the Code for America 2014 Fellowship Program at a cost not to exceed $180,000. Thank you, Madam Clerk. All right. Council Member Henson? Thank you, Mayor. I move to suspend the rules and give second reading to number 32, please. Motion by Council Member Henson regarding number 32, second by Council Member Ellinger. 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. Council Member Kaye. Thank you, Mayor. I move to suspend the rules and give second reading to number 34 relevant to the Code for America. Motion by Councilmember Kay, second by Councilmember Henson. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Councilmember Myers. Was that second reading for this right here at this walk-on? That was a motion to give it a second reading. Okay. Is it time for discussion? We just took the vote, but you want to doubt? You didn't pause for it. Okay. We'll dial it back. Sure. I just have a quick question. Yeah, yeah. There was a $180,000 match we had to come up with. Do we have it already? Sir, Council Member Myers. As promised, we're not back asking for any extra money. We were actually able to secure the private contributions to move forward with the project. So we're just asking Council to go ahead and authorize the 180 from the city's contribution. So we have the other 180? We do. We have the commitments, yes. Thank you, sir. All right. So we'll take the vote now. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Now, are there any additional motions? Yes, sir, Mr. Barbary, David, Kevin, what's the matter with me? I'm so used to saying, David, forgive me, sir. If the Council will, Number 22 makes conditional offers of employment and needs two readings. number 22 was that um councilman massadi was it those motions by councilman massadi regarding on number 22 is or is it was there a second second by councilmember acres is there any discussion on the motion all right hearing none we take a vote all in favor please say aye opposed no motion carries. Thank you. Any additional? All right. And Madam Clerk, whenever you're ready. Resolution number 22 for a second reading, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tamar Tompkins, Staff Assistant Senior, Grade 108 and 13.283 hourly in the Division of Water quality effective September 16, 2013. Deborah Phelps, Code Enforcement Officer, Grade 113N, 16.624 hourly in the Division of Code Enforcement. Shelley Ross, Child Care Program Aid, Grade 107N, 11.790 hourly in the Division of Family Services. Aldrico Clay, Public Service Worker, Grade 106N, 11.775 hourly in the Division of Water Quality, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Evan Woolum, Staff Assistant Senior, Grade 108 N, 12.185 hourly in the Division of Parks and Recreation, effective September 16, 2013. Authorizing the Division of Human Resources to make a conditional offer to the following probationary community corrections officer appointments. Justin Clark, Jesus Contreras, Selena Daniels, Vicki Dickerson, Misty Ellis, Cara Francis, Andrew Ginn, Jackie Glass, Lila Goodpastor, George Grayson, Ann Grease, Jeffrey Johnston, Hannah Joyner, Alyssa Lawrence, Jennifer Lynch, Vance Meehan, Justin Clark, Mekesha Mullins-Boli, Jesse Neese, Cassandra Reynolds, Matthew Ritchie, L'Oreal Russell, Christopher Toon, Wayne Wilson, and Zachary Uri, Community Corrections Officer, Grade 110N, 14.34 hourly in the Division of Community Corrections, all effective upon passage of counsel. Authorizing the Division of Human Resources to make an additional offer to the following probationary sworn appointments. Michael Algier, Corey Barron, Anthony Beatty, Jonathan Brown, Keisha Compton, Byron Creekmore, Joseph Danielson, Jennifer Day, John Finley, Brandon Gibbs, Dusty Giganday, Donovan Greider, Ethan Jennings, Philip Johnson, Michael Jones, Elizabeth Canis, Corey Lane, Matthew Lee, Cody McMillan, Ryan Scott, Andrew Strong, Alexander White, Stephen Wiggins, Ryan Wilson, and Joshua Woodward, police officer, grade 311N, 17.649 hourly in the Division of Police, all effective upon passage of counsel. Number 32. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Bluegrass Youth Valet, $300 for the office of the urban county council at a cost not to exceed the sum stated. And number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Code for America Labs, Incorporated, for participation in the Code for America 2014 fellowship program at a cost not to exceed $180,000. All right. Thank you, Madam Clerk. Is there a motion? Council Member Lawless? Second. Wait a minute. Is this a question? This is a question. All right. I'll tell you what. Let's get the motion first. Who has it made the motion to approve? Did I get a motion? Second. Council Member Akers, motion to approve. Second by Council Member Kay. All right. Floor is available for discussion. Council Member Lawless. I had a question about number 31. It's the amendment to the grant for the housing for people with AIDS. Is that, and it funnels through ABOL, Is that something that needs a second reading so that can move forward? Is there a time limit on that grant? Do you know? Thank you very much, Council Member, for asking for it. Irene did not ask me to do that. So I take that as there was not a problem, but I don't know that for sure. So it might be appropriate. Okay. All right. Any further discussion on the motion? All right. Then, Madam Clerk, when you're ready, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. And the vote reflects passage of the motion. All right, that allows us to move on to Roman numeral eight. Communications from the mayor. Is there a motion? Second. Motion by Council Member Kaye, second by Council Member Beard. 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. In terms of announcements, before I open the floor to Council for announcements, we do have a police disciplinary matter, and Commander Coleman is here for that matter. Commander Coleman, welcome, sir. Aye. On Wednesday, June 5, 2013, an allegation was made that Officer Stephen McCain, employee number 43996, violated General Order 73-2H, Operational Rules Section 1.40, at-fault collisions. At the conclusion of the investigation, the employee met with Chief Ronnie Bastin and has accepted an 80-hour suspension of home fleet privileges in a written reprimand. This recommended discipline has also been approved by Public Safety Commissioner Mason. Second. Thank you. Motion by Council Member Henson to approve, second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, we can take a voice vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. Thank you, Commander. All right. Does any council member wish to address the council? All right. Then that allows us to move on to public comments. We do have a few of our guests tonight signed up for public comment, beginning with Reverend Hobson. Is he still? No, I believe Reverend Hobson left. Right. David Stubblefield, is David here? Yes, sir. David. Just come right up. David, in case you don't know the protocol, you probably do. There's a three-minute. Are you aware of that? I'll speak quickly. Hey, listen, we appreciate you being here. Thank you. I usually don't come to these kinds of things. I understand. We appreciate you being here. And if you'll just give your name and address, that's part of our protocol. Thank you, sir. My name is David Stubblefield, and I own property at 220 Cedar Street, which is part of the Center Court Condominium. I'm here on behalf of myself as a property owner, but I'm also here as a member of the Center Court Condo Association Board. And I'm here to speak to Ordinance 9 that was approved and read tonight. And I have a couple of issues with that ordinance, and I'm going to ask the council to rescind your approval of that ordinance. tonight on a couple of different points. First of all was the lack of notice. I only received written notice of the second reading just this past week, and I only received it because my tenant in my condo brought it to my attention. Luckily, my tenant was my daughter. So I know there are several board members that I serve with that did not receive notice of this ordinance. So that's why we hadn't been here in the past, and I'm here representing the board and asking that you all would rescind that ordinance because of the lack of notice and the fact that my address of record where you send my property bill for the property, you can always find me there, but I did not get notice about this. Basically, I want to bring to the attention that I feel that there is an impact or will be an impact to the property values of the residents that will be affected with the increased traffic and off-street parking that potentially will come from this, the pedestrian-friendly portion of Limestone. It's having not a lot of knowledge of the situation, but speaking to the fact that that's going to push, in my opinion, parking often to the residents and there is an issue with parking for those residents in that area to begin with so I think that this is going to negatively affect the value of our condos and our ability to rent and again I would ask that the council rescind ordinance number nine so that that proper information can be getting out to the owners. All right. Thank you. Thank you, Mr. Tumblefield. Thank you. I would suggest that maybe after the council meeting you could speak to Chief Administrative Officer Sally Hamilton and just about the questions and the issues, and then others, our Commissioner of Law is here who could discuss procedurally any actions that might be taken. I appreciate that. Yes, sir. Thank you. I don't get into this stuff much, but the fact that I couldn't follow the rules because I was not aware of the ordinance, So that kind of puts all of us at a disadvantage. We certainly want you to be able to have any opportunity, have the opportunity to have your questions answered. And that's what I, this is Sally Hamilton right there, and she can help navigate. Okay. We appreciate your coming. Thank you. Thank you, sir. All right. I'm going to ask, let's see, next on the sign-up sheet is Nathan Dickerson. Nathan, if you'll just give your name and address, please, sir. All right. My name is Nathan Dickerson, as was mentioned, and I live right next door at 120 East Main Street, apartment 1508. And I want to thank the council for giving me an opportunity to speak and also to let you know that I'll be reading a statement on behalf of the Board of Progress Lex and again for those of you who remember Progress Lex was the organization that uncovered the recycled recommendations of Angela economics which helped the city get refunded $75,000 so our statement reads as follows and this is again with regards to the increase in funding for the for the districts in each council area getting I think what was originally 250,000 but now 150,000 as amended and the statement reads as follows. The Progress Lexboard understands that council members are passionate about improving their districts, but we believe taking what was $375 million taxpayer dollars and divvying up those resources across districts is bad public policy. There are many pressing projects for council members to pursue in their districts, but we believe it is in the public interest to have those projects funded on their own merits in a transparent way with public debate. We would ask that Council find a more open and careful manner to invest these public funds. We're not sure where the taxpayer dollars are going, and we believe our Council members should not vote for a policy that permits public resources to be used in a way that could give the impression of pork barrel spending. We understand the passion to help individual districts, but we believe transparency is the best policy for achieving those ends. Thanks. Thank you, Mr. Dickerson. Mr. Bernard McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Now, periodically some people babble about wanting to slow traffic down, but if traffic in our downtown moved any slower at rush hour, it would be totally paralyzed and not moving at all. I think that our downtown one-way streets need to stay one way, or at least the ones that are one way clear across the downtown area. And at any opportunity that you get when somebody tears down a building for totally unrelated reasons, you need to buy a strip of land and widen the street in front. As a matter of fact, before Center Point gets built finally, I think you should buy at least four feet of land along Limestone to add a bike lane and 16 feet of land along Upper on that side to add both a left turn lane and a bike lane. and I will say that while I personally arranged my life in such a way as to minimize the occasions on which I have to cross downtown at rush hour in that both my job and my house are located to the north of downtown unfortunately my doctor and my dentist both have their offices on the south side of town so occasionally I do have to come through it at rush hour and it does need some improvement. Anyone who wants to tie traffic up worse is crazy. Thank you, Bernard. Bernard. I'm always getting that. I had a friend, Bernard, so. Mr. Robert Dalton. Is Robert still here? Robert is here. Thank you, Mr. Mayor, council members. Robert Dalton, 520 Douglas Avenue. I live within the 1st District. Mr. Ford is my council rep. I wish he was still here because he's the purpose why I'm down here tonight. I know I haven't been down here for a while. A lot of times, oh, he is there. Good. So he can hear it. I know a lot of times council representatives do not hear anything good from their constituents and taxpayers. And I've been wanting to get down here since about the time you all went on your summer break about the Bluegrass Area Development District issue going on with Mr. Stoltz being terminated from his position and them being rehired and the big stink that happened. And I like what Mr. Farmer says about, you know, the fishy smell about it. And this definitely does have a bad smell to it. And Mr. Ford, as one constituent here and as a taxpayer for the city, I want to thank you for being a wonderful steward of the city and our taxpayer money by wanting to put a stop to them and not put any more money towards them, at least until some issues had been taken care of with that. And the same thing also for our mayor for being on the committee for them, for the representative of our county here, and also trying to vote that he shouldn't get all this money for the things that he did. So I do appreciate that. And one last thing. I know you were talking earlier in the closed session and the big discussion going on tonight about some $3.75 million being spent on different things for the council districts. I know we've been in lean times recently, and I think that we need to take care of business first before we do anything with that money. You know, I don't know how long it's been since city employees have received any raises, or I know it's been a long time for state workers, but the business needs to be taken care of first before we start doing anything else if planning to spend any other money. But thank you. Thank you, Robert. Thank you for joining us tonight, for being here. That's all of you who have signed up. There is a motion to adjourn by Council Member Ellinger. There is a second by Council Member Lane. Unless there is objection, we are adjourned. Thank you.