# Council Work Session - December 10, 2013 > Auto-transcribed civic record · December 10, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3183 - **Source video**: https://lfucg.granicus.com/player/clip/3183?view_id=14&redirect=true - **Date**: 2013-12-10 - **Last revised**: July 15, 2026 - **Length**: 7,956 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 December 10, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Gray presiding. The council addressed nine agenda items during the meeting, including public comment periods, rezoning requests, budget amendments, and various business matters. The body took 31 votes and heard 6 public comments from residents. All substantive agenda items—including requested rezonings, budget amendments, new business, continuing business presentations, and the mayor's report—were approved by the council. ## Attendance The following individuals were present at the meeting on December 10, 2013: * Mayor Gray * Council Member Akers * Council Member Beard * Council Member Farmer * Council Member Ford * Council Member Gorton * Council Member Henson * Council Member Kay * Council Member Lawless * Council Member Massadi * Council Member Mossotti * Council Member Scutchfield * Council Member Stinnett * Council Member Myers * Council Member Clark * Council Member Ellinger * Council Member Kent * Council Member Hansen * Council Member Kaye No council members were absent or late. ## Votes and Decisions **Docket and Agenda Items** The Council approved the docket for the December 5, 2013 Council meeting by voice vote [timestamp: 00:02:00]. Motion by Scutchfield, seconded by Gorton. **Parking and Traffic Matters** A motion to place on the docket a resolution endorsing increased parking fines for several offenses passed by voice vote [timestamp: 00:02:32]. Motion by Myers, seconded by Lawless. A motion to amend the parking fines resolution to place it in the Budget & Finance Committee for full discussion passed by roll call vote with 13 ayes and 2 nays [timestamp: 00:03:08]. Motion by Gorton, seconded by Beard. Voting in favor: Gorton, Ellinger, Kay, Ford, Lawless, Beard, Farmer, Stinnett, Scutchfield, Mossotti, Clarke, Henson, and Lane. Voting against: Akers and Myers. A motion to place on the docket a resolution authorizing multiway stop controls at Clyde Street and Texaco Road passed by voice vote [timestamp: 00:04:10]. Motion by Akers, seconded by Ford. A motion to place on the docket a resolution authorizing traffic calming speed controls on Huston Alley passed by voice vote [timestamp: 00:04:45]. Motion by Ford, seconded by Kay. A motion to place on the docket a resolution establishing a Residential Parking Permit Program for the 500 Block of Stratford Drive passed by voice vote [timestamp: 00:05:35]. Motion by Clarke, seconded by Farmer. **Child Care Funding** A motion to place on the docket a resolution urging the Commonwealth of Kentucky to reconsider cuts to Child Care Assistance Funding passed by voice vote [timestamp: 00:03:40]. Motion by Myers, seconded by Clarke. A motion to request the Department of Social Services to begin the process of pursuing an economic impact analysis on childcare funding cuts passed by voice vote [timestamp: 00:36:05]. Motion by Ford, seconded by Ellinger. **Administrative and Financial Approvals** The Council approved the November 19, 2013 work session summary by voice vote [timestamp: 00:25:22]. Motion by Beard, seconded by Myers, with a requested correction that the fourth motion on page one should reference "economic impact study." Budget amendments were approved by voice vote [timestamp: 00:25:55]. Motion by Gorton, seconded by Ellinger. The Debt Management Policy was recommended for Council adoption by voice vote [timestamp: 00:39:58]. Motion by Ellinger, seconded by Gordon. The Mayor's Report was approved by voice vote [timestamp: 00:56:12]. Motion by Gorton, seconded by Farmer. The meeting adjourned by voice vote [timestamp: 00:56:12]. Motion by Stinnett, seconded by Ellinger. ## Budget and Financial Actions The following financial actions and agreements were approved: **Lease and Facility Agreements** - **Lease Agreement (L1312-13)**: $1,262.88 with the Kentucky Office of Vocational Rehabilitation for space within the Central Kentucky Job Center - **Facility Usage Agreement (L1323-13)**: $891.38 with the Fayette County Board of Education for use of Norsworthy Auditorium for the Kiddie Kapers Program **Insurance and Medical Services** - **Claims Payment Agreement (L1333-13)**: Humana Insurance Company for health insurance plans covering January 1, 2014 through December 31, 2014 (amount not specified) - **Business Associate Agreement (L1306-13)**: Authorization to execute agreement with Nancy Horn, Medical Compliance Consultant for LDFES (amount not specified) - **Business Associate Agreement (L1307-13)**: Authorization to execute agreement with Ryan Stanton, MD, Medical Director for LDFES (amount not specified) **Infrastructure and Design Services** - **Investigation/Design Services Agreement (L1334-13)**: $204,012 with HDR, Inc. for Town Branch WWTP Solids Processing Improvements - **Easement Authorization (L1319-13)**: Authorization to accept deeds of easement for Perimeter Park Stormwater Improvements Project (no budgetary impact) **Housing and Community Development** - **Second Amendment to CHDO Agreement (L1332-13)**: $28,264.50 with Fayette County Local Development Corporation (Urban League) for use of HOME Investment Partnerships Funds **Grant Extensions** - **Metropolitan Medical Response System Project Extension (L1335-13)**: Extension of performance period through August 31, 2014 with the Kentucky Office of Homeland Security (no budgetary impact) ## Public Comment Council members addressed several topics during the public comment period: **Handicap Parking Violations** [timestamp: 00:42:49] Council Member Hansen reported on work by the Commission for Citizens with Disabilities regarding parking violations in handicapped spaces. Hansen moved to place the issue in the Budget & Finance Committee for further review. **Nelson Mandela's Passing** [timestamp: 00:43:57] Council Member Ford honored the passing of former South African President Nelson Mandela, recognizing him as a global symbol of freedom, justice, and equality. **Canopy Removal** [timestamp: 00:45:32] Council Member Farmer inquired about the removal of the canopy over the front door. The inquiry revealed that the canopy was removed due to structural instability, and replacement options are currently being evaluated. **Mayoral Portraits** [timestamp: 00:48:57] Council Member Farmer commented on the hanging of the third of four mayoral portraits, featuring Thomas G. Mooney. Farmer expressed appreciation for the historical display. **University of Kentucky Leadership Changes** [timestamp: 00:52:17] Vice Mayor Gordon announced two appointments at the University of Kentucky, effective January 1, 2014: Molly Davis as the new Arboretum Director and Nancy Cox as the new Dean of the College of Agriculture, Food, and Environment. **Legislative Aide Appreciation** [timestamp: 00:55:07] Council Member Clark expressed gratitude for Jonathan Hollinger, who is leaving to join the Department of Planning. Clark praised Hollinger's contributions to the council. ## Appointments The following appointments were made during this meeting: * **Molly Davis** was appointed to the position of Arboretum Director. * **Nancy Cox** was appointed to the position of Dean of the College of Agriculture, Food, and Environment. ## Contested Items **TIF Agreement with Centerpoint for Phoenix Park Courthouse** The council discussed a Tax Increment Financing (TIF) agreement with Centerpoint for the Phoenix Park Courthouse project. While the motion ultimately passed unanimously, the vote masked significant underlying concerns among council members. The primary point of contention centered on the precedent-setting requirement for a bond to ensure project reclamation. Council members expressed concerns about protecting the city from stalled developments and the need to ensure future accountability from developers. The debate reflected tension between supporting economic development projects and establishing safeguards to prevent the city from bearing the financial burden if developments fail to proceed as planned. **Distillery District TIF Withdrawal** Council Member Akers raised procedural concerns regarding the withdrawal of the TIF application for the Distillery District project. Akers requested a formal report on discussions between the city, the developer, and the state regarding the withdrawal. The core dispute involved questions about the timing of the withdrawal and whether it complied with applicable state conditions. This item highlighted disagreement over transparency and proper procedure in handling TIF-related matters, with Akers seeking documentation and clarity on how the withdrawal process was managed and what conditions or requirements governed it. ## Public Comment – Issues on Agenda [timestamp: 00:02:00] No members of the public signed up to provide comment on issues appearing on the agenda. As a result, this portion of the meeting proceeded without public testimony, and the meeting moved forward to the next agenda item. ## Requested Rezonings/Docket Approval [timestamp: 00:02:32] Multiple motions were made during this agenda item to place various resolutions on the docket for the December 5, 2013 Council meeting. The resolutions addressed several policy areas, including parking fines, child care funding, traffic controls, and zoning waivers. Key speakers on this item included Scutchfield, Myers, Gorton, Akers, Ford, Clarke, Farmer, and Massadi. All motions presented during this discussion passed without dissent or were approved by voice vote. No specific concerns or objections were raised during the consideration of these resolutions. **Outcome:** The requested rezonings and docket items were approved for placement on the December 5, 2013 Council meeting agenda. ## Approval of Summary The November 19, 2013 work session summary was presented for approval [timestamp: 00:25:22]. Key speakers Beard and Massati addressed this agenda item. During the discussion, a minor correction was requested regarding the fourth motion on page one of the summary document. The summary was approved following this correction. ## Budget Amendments The council considered budget amendments during this portion of the meeting. [timestamp: 00:25:55] **Key Speakers** Gorton and Ellinger were the primary speakers on this agenda item. **Content and Outcome** The budget amendments included transfers to cover utility costs and donations to community centers. The motion to approve the amendments passed without dissent. ## New Business New business was brought before the council at approximately 00:29:41 in the meeting. **Discussion and Concerns** Council Member Beard raised concerns about coordination between departments and developers, which prompted broader discussion among council members about oversight roles and responsibilities. The discussion involved Council Members Beard, Graham, and Atkins, as well as Paulson. **Outcome** New business was approved by the council. ## Continuing Business/Presentations During this agenda item, the council received several presentations and updates on ongoing initiatives and committee work. [timestamp: 00:34:00] **Presentations Delivered** The following topics were presented to the council: - Neighborhood Development Funds update - Social Services & Community Development Committee summary - Budget & Finance Committee summary **Key Speakers** Ellinger and Ford delivered the presentations during this segment, with Ellinger providing multiple updates. **Outcome** All items presented during this section were approved by the council. ## Council Reports During this informational segment, council members provided updates on several municipal matters. **Key Speakers and Topics** Council members Hansen, Ford, Farmer, Gordon, and Clark each contributed to the reports. The updates covered three primary areas: * Appointment of new university leadership * Removal of the front canopy * Hanging of mayoral portraits **Outcome** This agenda item was informational in nature, with council members sharing updates rather than taking formal action or votes. [timestamp: 00:42:49] ## Mayor's Report The Mayor's Report was presented as agenda item VIII during the meeting. [timestamp: 00:56:12] Key speakers included Gorton and Farmer. The report was approved without discussion. ## Public Comment – Issues Not on Agenda [timestamp: 00:56:12] No members of the public signed up to provide comment on issues not on the agenda. As a result, this portion of the meeting was not utilized, and the meeting proceeded to adjournment. --- ## Decisions - **Motion** — passed: Motion to approve the docket for the December 5, 2013 Council meeting - **Motion** — passed: Motion to place on the docket a resolution endorsing increased parking fines for several offenses - **Motion** — passed (13-2): Motion to amend the parking fines resolution to place it in the Budget & Finance Committee for full discussion - **Motion** — passed: Motion to place on the docket a resolution urging the Commonwealth of Kentucky to reconsider cuts to Child Care Assistance Funding - **Motion** — passed: Motion to place on the docket a resolution authorizing multiway stop controls at Clyde Street and Texaco Road - **Motion** — passed: Motion to place on the docket a resolution authorizing traffic calming speed controls on Huston Alley - **Motion** — passed: Motion to place on the docket a resolution establishing a Residential Parking Permit Program for the 500 Block of Stratford Drive - **Motion** — passed: Motion to approve the November 19, 2013 work session summary - **Motion** — passed: Motion to approve budget amendments - **Motion** — passed: Motion to approve new business - **Motion** — passed: Motion to remove item cc from new business - **Motion** — passed: Motion to approve Neighborhood Development Funds - **Motion** — passed: Motion to support the Division of Water Quality recommendation of the change order process - **Motion** — passed: Motion to authorize the Administration to use MAP funds to repair the Elm Tree Lane sidewalk - **Motion** — passed: Motion to refer the issue of HOA rights and foreclosure laws to the Planning Committee - **Motion** — passed: Motion to place on the docket a resolution authorizing and directing the mayor to execute an expansion area development exaction agreement with Anderson Ramsey, LLC and Providence Business Center, LLC - **Motion** — passed: Motion to place on the docket a resolution approving a waiver for the landscape ordinance at 2349 Richmond Road - **Motion** — passed: Motion to place on the docket a resolution authorizing and directing the mayor to execute a memorandum of understanding with Southland Christian Church for use of church property during construction of the Senior Citizen Center at Idle Hour Park - **Motion** — passed: Motion to place on the docket a resolution authorizing the mayor to execute a line extension agreement with Columbia Gas for expansion of the natural gas line at 669 Bird Thurman Drive - **Motion** — passed: Motion to place ordinance number nine on the docket without a public hearing - **Motion** — passed: Motion to place ordinance number eight on the docket without a public hearing - **Motion** — passed: Motion to place on the docket a resolution authorizing the mayor to execute a conditional restoration agreement with Centerpoint Vertical LLC, Fayette Land Company, LLC, Centerpoint Parking Company, LLC, and affiliates for the Phoenix Park Courthouse project - **Motion** — passed: Motion to approve the November 19, 2013 work session summary - **Motion** — passed: Motion to approve budget amendments - **Motion** — passed: Motion to approve new business - **Motion** — passed: Motion to approve Neighborhood Development Funds - **Motion** — passed: Motion to request the Department of Social Services to begin the process of pursuing an economic impact analysis on childcare funding cuts - **Motion** — passed: Motion to recommend that the Council adopt the Debt Management Policy - **Motion** — passed: Motion to place in the Budget & Finance Committee the item of handicap parking violations and parking space and signage - **Motion** — passed: Motion to approve the Mayor's Report - **Motion** — passed: Motion to adjourn --- ## Full transcript Music guitar solo Thank you. It's 3 o'clock, so we'll call the meeting to order. 1, 2, 3, 4, 5, 6, 7, 8, 9. Okay, we're all right to go. All right, welcome to the meeting of the Council for Work Session. and first on our agenda today is public comment for issues on the agenda. Mr. Mundy, has anybody signed up for issues on the agenda? Mr. Mundy, anybody signed up for it? Okay. Thank you, sir. All right. Next on our agenda is the docket approval. Is there a motion to approve? Motion by Councilor Ellinger. Second by Councilor Myers. I understand that we may have some motions and some walk-ons. All righty. One, zero, two, zero. There we go. All right. Council Member Massadi. Thank you, Mayor. I have a motion to place on the DACA for Tuesday, December 10, 2013, a resolution authorizing and directing the mayor on behalf of the Lexington-Fayette Urban County Government to execute an expansion area development exaction agreement with Anderson Ramsey, LLC, Anderson, and Providence Business Center, LLC, Providence, pursuant to Article 23 of the zoning ordinance providing for prepayment of exaction credits, transfer of exaction credits by Providence to Anderson and deferral and or transfer of certain exaction credits for system improvements constructed in expansion area 3 and adjoining off-site area. So moved. Second. Motion by Council Member Massadi, second by Council Member Scutchfield. Is there any discussion on the motion? Mayor, Attorney Richard Murphy is here if there's any questions on this. All right. All right. Thank you. 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. Thank you. Council Member Farmer. Thank you. Thank you, Mayor. I have three. The first one is a move to place on a docket for the Tuesday, December 10, 2013 Council meeting under first reading of resolution, a resolution approving a waiver for the landscape ordinance at 2349 Richmond Road. So moved. Second. There is a map attached to this, and it's just a slight change in how the out parcel is oriented to Richmond Road in front of the Southland Church. All right, motion by Council Member Farmer and second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Council Member Farmer. I move to place on the docket for December 10, 2013, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a memorandum of understanding with Southland Christian Church of Lexington, Kentucky, Incorporated for use of a portion of the church property during construction of the Senior Citizen Center at Idle Hour Park. So moved. Second. Motion by Council Member Farmer and second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Farmer. And lastly, I move to place on the docket for tonight's meeting a resolution authorizing the mayor to execute a line extension agreement with Columbia Gas for expansion of the natural gas line for the compressed natural gas fueling station at 669 Bird Thurman Drive at a cost not to exceed $13,059.06. So moved. Second. Thank you. Motion by Council Member Farmer and second by Council Member Clark. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you, Council Member Farmer. All right. Are there some motions regarding rezoning hearings, public hearings? I think maybe Council Member Ford, do you have one? No. So, ordinance number eight may be, sorry about that, I believe that relates to your district, and I believe number nine relates to Council Member Acres' district. Is that right? You're aware of that one, Siobhan? So this would be what would be protocol would be to put it on with or without a public hearing. Sorry about that. If number nine is a first, number eight, put it on the docket without a public hearing. It might be appropriate unless there is someone who has approached you for a public hearing. I have not had any objections or concerns regarding number nine, So I will make a motion to place on the docket without a public hearing. Number nine. Should I read it? Second. It's a motion by Council Member Akers and a second by Vice Mayor Gordon. Is there any discussion? Council Member Ellinger. Thank you, Mayor. I see it was a 10-0 vote, but there were objectors, and I don't know if there's anybody here that wants to see a none. I'll move to agree with that then. All right. Well, we have a motion and we have a second, so we're in discussion right now. Any further discussion on the motion? 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. Council Member Ford. Thank you, Mayor. I make a motion that we place ordinance number eight on the docket without a public hearing. Second. Motion by Council Member Ford and second by Council Member Ellinger. Is there any discussion on the motion? Okay. If there's not, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. We are still on the... Council Member Lawless? I have a walk-on motion, so just... Do you want me to make it now? That would be great. Yes, ma'am. I move to place on the docket for the December 10, 2013 Council meeting a resolution authorizing the mayor to execute a conditional restoration agreement and any necessary related documents with Centerpoint Vertical LLC, Fayette Land Company, LLC, Centerpoint Parking Company, LLC, and any necessary affiliates for the Phoenix Park Courthouse project. So moved. Second. Motion by Council Member Lawless and second by Council Member Myers. Is there any discussion on the motion? Vice Mayor Gordon. Thank you, Mayor. I wonder if someone could explain to us what's in the agreement, please. All right. Who would be appropriate for that? I think Kevin Atkins, and you can get support from whoever you need. I could get support from Commissioner Paulson as well. What the agreement does, and Darby Turner may want to add to it, But what the agreement does is if for any reason, once the project is begun, the whole is begun to do the parking garage. If for any reason any part of the project does not develop from there, there is funds that the city will have access to to refill the site and return it to the current condition. Funds that we have access to? It will be the developer. Okay, like a bond. Right. And are we going to be doing this now going forward with all the TIFs? Is that a process that you're thinking you'll implement with all of them? In some cases, I don't think you can always categorically say all, but I would say in most, yes. I mean, it sounds like it might be a good idea. The thought is it just protects the city's position in this project should something not go. Okay. As I recall, that was not a part of the Red Mile TIF. Is that correct? That is correct. Okay. I think maybe Commissioner Paulson might want to speak to the distinctions between the conditions on this project and perhaps other projects, because the excavation on this project is a significant feature of the project, and hence the underground. Right, and we're actually looking at this. We just started discussions last week for the Summit TIF, and this was one of the discussion points, which we are researching right now, whether or not they will have a bond as well or if it would be covered through some of the other traditional engineering bonds or sureties. But with this, in a sense, what this reclamation will do is put it back. There are some just issues with compaction, so it will make it back to where it would need to be for future development. But we are, I think our goal with all of these is to kind of look at them to see how they would need to be structured, all the TIF, future TIF agreements to ensure the best possible development in the future. Okay. I appreciate the information. Thank you. Thank you, Mr. Atkins. Thank you. Thank you, Vice Mayor. Council Member Scotchfield. Thank you, Mayor. I guess one of the questions that I had about the TIF at this point, where are we as far as the requirements? I guess the conditions, have they been met so far for this TIF? We've kind of learned from others that they're not following up with, I guess, the requirements. So far, all of this has been taken care of. Are we on time? Is the question, are we in compliance? Yes. Yes. If you remember, this is essentially a new TIF because it had to be an amended slash new application that was done after the General Assembly met, so it was put in place in July. So, yes, they are current. Council Member Lawless? I'd like to reiterate that so far the city has not spent a penny on this Centerpoint TIF. It's all been the developer paid the TIF fee. They paid the attorneys. and the bond that they are requiring them to get to make sure that if something happens that they can't build the garage, that the developer is taking out the bond at their own cost to do that refill. So this TIF has not, the city has not spent a single dime on this TIF. Thank you. Thank you, Council Member Lawless. Council Member Kent, stand in. Thank you, Mayor. Kevin, on this, if we approve this today going forward, will this TIF application have to be amended with the Cabinet, or is this an addendum to it, or how does this work with the Cabinet? This actually is part, it would be more of an addendum to the local master development agreement. So it is strictly an agreement between the Lexington-Fed Urban County government and the developer. And does that agreement then get forwarded to the cabinet? We will forward it, but it's not something that they, the master development agreement they view as just a local document. Okay. So is this the first time we've done something like this that you're aware of on this local development or require this kind of collateral, so to speak? It's the first time I've been involved in one, yes. But, I mean, it's the first time that we've done a project of this size and magnitude where you're going into the ground and doing this type of development. Well, the master agreement was a first, if I'm not mistaken. It was actually, Mayor, the second. The second one was the Red Mile. Yes, sir. First one was? The Red Mile. Red Mile. So that protocol was in place. And the security instruments, it's my understanding the security instruments are a function of compliance with the master agreement. Very good. Thank you. I think, Council Member Senator, this issue is a compliance issue at the local level. Yeah, but the point is, this is a precedent setting. So once we go down this path, this is an opportunity to look at other things we have coming down the pipeline to protect citizens against either stall developments in the future or flooding, such as we talked about the Fritz Farm, the neighborhood floods when it rains. So we don't want them digging up the ground, and all of a sudden we don't have any recourse. And I value that protection for everybody, regardless of the project. But this is the first time, and it's precedent since I've been here. We did follow from the master agreement. And as Commissioner Paulson mentioned, we met with the summit last week. We discussed this type of issue with them as well. We also, as you know, had the meeting on Friday in the distillery district. We actually discussed if we move forward with a master, if the project moves forward as is, and we develop a master development agreement, are there some sites down there that this will type of be that same type of issue? Okay. So this clears the way for Center Point to begin? Yes. There's no other requirements we're asking from the government side to issue permits? I would ask Commissioner Paulson. He's up to date on the planning side. Okay. Commissioner Paulson, you want to? I know these TIFs can have a lot of paperwork, a lot of things we've got to get in place. This should clear the way for them to be able to come and get permits. So the next thing they should do is be able to get the permits for land disturbance and put up the barriers to start doing the land disturbance. Okay. Thank you, Commissioner. Councilman Myers. Thank you, Mayor. I'm not sure who you are, or Kevin, the one. So is there a criteria that's now written in terms of what type of project will be required or expected to have this in its master agreement? I will say this. For the Summit TIF master development agreement, we started with the center point master development agreement. So that was our starting point, and we have discussed a few other things since then. The first meeting was just last week. We did get kind of a minor update from council on their side today, but things seem to be proceeding. But, yes, this was kind of – I think with each one, and there may be things that we will learn with each new TIF development that are going to be a little bit different. As Council Member Stinnett mentioned, the Fritz Farm Summit project is a different project than what we're dealing with with CenterPoint. And so there may be some things that we may adjust in the future, just as Red Mile is different. So as of now, I think we'll kind of add with each one. But we have used the center point to jumpstart into the summit, and at this point they seem quite agreeable to that master development arena. Okay, so sort of going forward, our master development template or boilerplate will have this included as a part of it? It should, yes. Okay. Thank you. Thank you, Mayor. Council Member Kaye. Thank you, Mayor. This probably is a question for Kevin. I think people have been concerned, and I have asked kind of repeatedly, and it's been at issue, the question of the financing for the entire project. And my understanding from the memo I got is that the city has been given assurances that the financing is in place for this project. Can you verify that that is true? And if so, can you explain a little bit about what that really means? That was a function of the master development agreement. I would have to get Commissioner O'Mara, since he is the one that reviewed those documents. Okay, I think this is, I ask this question because I think it's been something that has been in public discussion, and it would be good in this public setting to get some clarity about that. So, Commissioner? Yes, Council Member. We have reviewed their financing plan and are satisfied that it is in place. That's all I needed to hear. Thank you very much. Thank you, Mayor. Councilmember Massadi. Thank you, Mayor. I'm not sure if Mr. Turner or Mr. Webb can answer this question, but to follow up on what Councilmember Kay said, can you give us a timeline or share with us? Do you have anything like that as far as the project? I'm sure the public is very anxious. as I'm sure you are as well. We are as well. And I can give you a rough timeline, and it will obviously ebb and flow as the project develops. But with this approval, we should be putting up barriers probably the end of this week with excavation starting within the next week or two. The garage will, as soon as the holes dug, the garage will start. The garage will take about four months to build once it starts up out of the ground. The office building will probably start before the garage is completely finished. But the garage will start on that end of the block, the office building, and the improvements on the limestone and vine will then go. The tenant has an occupancy slated, major tenant for the office building has an occupancy slated for, I think, May of 14, 15, excuse me. Yes, May of 15. And contemporaneously with that, the hotel and the apartments will also be in progress. Their timetable is a little less definite now in terms of when the start date will be, but probably sometime within the next six to nine months. Okay. Once the garage is ready for it. Thank you very much. That's a rough timeline. Guestimate. Okay, thank you. Council Member Akers. Kevin, I think, so is there a developer's agreement on this project? There is, correct? Yes, this agreement that you're discussing today is an addendum, as it was referred to, of the master development agreement. Okay. And so who within the city monitors and oversees and facilitates these TIFs? The system is monitored. The Department of Finance is the applicant. And then Cindy Schuster, within Commissioner O'Mara's office, is the one that oversees the reporting for us. And so who, I guess on the front end, negotiates the developer's agreement, makes sure that the developer does what they say they're going to do in the developer's agreement, and that sort of thing? Do we have, I mean, it seems like that would not really be a Department of Finance responsibility. Well, Commissioner O'Mara is actually the applicant on the TIF, so he is involved from the start. It is usually myself, and because under TIF you have to certify that you're meeting the planning requirements, Commissioner Paulson's also involved. Then you have usually Mr. Barbary from the law department, and then as we get further into it, Jim Parsons from the TAF law firm represents the city from a legal standpoint in developing the TIFs. Development agreements. And that's his specialty, and that's why he is there. And at that point, up front, we get an agreement from the developer that he will pay or they will pay all costs, including those of the TAF law firm. So they pay all costs involved with the TIF. Okay. Thank you. All right. Is there any further 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. That allows us to move on to a vote on the full docket. We have a motion and we have a second. Is there any further discussion? I'll say without further discussion or motions, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Allows us to move on to the approval of the summary. Is there a motion by Council Member Beard, seconded by Council Member Massati? Is there any discussion on the motion? I have one little tiny correction. Vice Mayor Gordon. Yes, I would just simply ask that on page one, the fourth motion, that be corrected to be the fourth line down the economic impact study. All right. Is that appropriately noted? All right. Thank you, Vice Mayor. Thank you. Is there any further discussion on the motion? All right, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Allows us to move on to budget amendments. Is there a motion? Move approval. Motion by Vice Mayor Gordon. Second by Council Member Akers. Is there any discussion on the motion? Okay, hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Akers, I believe you have a comment. Thank you, Mayor. In response to our discussion on Thursday regarding the distillery district and the withdrawal of the TIPF application, I would like to ask the administration to report back or to report out and let us know what discussions you all have had and what agreements have come up since Thursday's meeting. All right. Commissioner Graham. Thank you. We had, after the council meeting Thursday night, we had a very productive discussion with both the developer and the state. Mr. Simpson is here with Mr. McNeese, and he participated in that discussion. And we sent a letter to the state asking if it would be possible to hold the withdrawal in abeyance of the TIF. And we did that via written correspondence, and they've given a letter back to us, which we've sent to you all also, which the state has agreed to do that with some conditions attached, and it's my understanding from discussions with Mr. Simpson and Mr. McNeese that we're all working toward meeting those conditions to try and make this happen. And can you just mention what some of those conditions were for those who have not received the letter? Yes, and I'm looking right at the state's letter when I go over these. LFUCG must provide the cabinet with a completed Exhibit H, which is basically giving the base year revenues for the year 2008, which is sort of the beginning year of the TIF. Then there's another exhibit that they've asked LFUCG to provide them, which are the capital investment costs that have been expended to date. And, of course, all of these we would do in conjunction with Mr. McNeese with an information flow back and forth on that. we have to provide an updated development plan which also we would be looking to Mr. McNeese to help us with that and the cabinet has asked that if they would like to arrange a site visit that he agrees to that so those are the conditions and we had also discussed working toward a preparation of a master development agreement in 90 days so that the cabinet could then put forth their having a meeting of the Economic Development Finance Authority in March, and so hopefully would have the economic development agreement done and completed by then. Okay. Mr. Simpson, would you like to comment? I agree with what Commissioner Graham has set forth. And we're certainly looking forward to working with the administration the next 90 days to come up with a satisfactory agreement. And certainly we'll comply with the conditions set out in the state's letter to the Urban County Government last week so that we can get the distillery project up and going full bore. Thank you. Thank you. All right. Okay. Thank you, Council Member Akers. And that allows us to move on to new business. Is there a motion? Move approval. Motion by Vice Mayor Gorton, second by Council Member Henson. Is there any discussion on the motion? Council Member Beard? I guess I need Commissioner Graham back up again, if I might. Oh, this is on the previous? Yes. Well, I'm just interested in who does what and when in relationship to the developers and our office of development and your office and how that whole thing will play out. It can get complex, and the letter we received from Frankfurt somewhat sounded a little like we best get this done this time because it's going to be a next time. Well, I think timing-wise, Bruce and Mr. McNeese and all of us have talked about getting together probably in the next week or two to start discussing the terms of a master development agreement. That's sort of, in my mind, that's a hurdle. We need to get the terms of that. I think some of the reporting requirements, those can be done, I think, you know, in conjunction with the developer. we can get that information to the state as long as the information flows from the developer to us. And I think we have a good communication system going now. The updated development plan and schedule for the project, we discussed that at our meeting on Friday. And, again, I think that's something that can be forthcoming, you know, as long as adequate communication goes back and forth, which I think it will. And, again, the site visit is something the cabinet didn't indicate they had to have, but they just said if they want to come back and look at the site. And I think all of that can be done as long as we keep the momentum going. Okay. Who is the lead? Is it going to be your office, or will it be Kevin? I think it depends on which aspect you're probably talking about. On the master development agreement, the negotiation part of that, I think, would involve probably Kevin Atkins, Derek Paulson, Bruce, Mr. McNeese, all of those parties. We're going to have to figure out the terms of that. The law department will then help craft the agreement based upon some of the terms we've included in other agreements. And, of course, that's always a negotiation back and forth. With the reporting requirements from the state, that's generally going to be finances obligation. Bill O'Mara-Chomp will be handling and policing sort of the reporting requirements. But again, of course, there's going to have to be communication among all of us to be able to get that done. So I think that's probably maybe a pretty decent idea of how it will work. so i just don't want us to get down to the 11th hour and this kind of thing starts happening again and uh so that's why i was bringing it up to begin with thank you mayor thank you very much thank you councilman beard all right we have a motion on new business uh council member scutchfield is your comment on new business? It was on that matter, but I can bring it up in a rough session. I mean, in that matter. You sure? Okay. We are in the office. All righty. Okay. I have to be moved up beyond that. If you need to, I mean, we go ahead. I've already made the call to allow Council Member Beard to speak about that. We're okay? All right. Okay. All right. Is there any – I don't have anybody signed up for new business, which is unusual. Is that, am I seeing correctly? All right. Then we have a motion and we have a second, and we have no discussion, so we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Okay. Next we've got continuing business presentations. Is there a motion regarding the NDF? Motion by Council Member Ellinger and 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. Aye. Motion carries. And next, Council Member Ford, can you give us a summary of the Social Services and Community Development Committee meeting from November 19th? Yes, sir. Thank you, Mayor. The Social Services and Community Development Committee met on November 19th. The meeting was called to order at 11.03 a.m. All members were present, minus Council Member Lawless and Council Member Lane. We were fortunate to have Council Member Clark also in attendance. The summary from September 24th was approved on a motion by Council Member Scutchfield and a second by Council Member Beard. We had a pretty packed agenda, first beginning with the introduction of Mr. Malcolm Rashford, who is the new Executive Director of the Community Action Council. Malcolm presented his vision for the agency and gave us an update on his transition since being appointed. The second issue on the agenda was child care assistance reductions. Ms. Joanna Rose of our family services and Mr. Bradley Stevens of the Child Care Council discussed the reductions in assistance within the child care assistance program offered statewide. Council Member Myers brought this issue up to us earlier this calendar year, and he'd also discussed kinship care. Council Member Stenet suggested that the council send a resolution to Frank for supporting the changes. He also asked CEO Hamilton to include this on our local government's legislative agenda. On a motion by myself and a second by Council Member Myers, a request was made to the Department of Social Services to begin the process of pursuing an economic impact analysis on the issue of child care funding cuts. That motion was approved unanimously. And, Mayor, I'll bring forth that motion to the full council. So moved. Second. Motion by Council Member Ford, seconded by Council Member Ellinger. Is there any discussion on the motion? All right. And if there is none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. The third item on the agenda was the social services needs assessment. Mr. Craig Benz of the Department of Social Services provided us an update on the completed social service needs assessment that was conducted jointly by the U.K. College of Social Work and the Martin School of Public Policy. Craig provided the basis. It's noted that Council Member Kaye also discussed the need to include the lack of safe, affordable housing as a bonus criteria. The fourth item on our agenda was an introduction of the Manchester Bidwell Replication Project. Mr. Josh Nasdam provided us an update on that project. I think it was well received. The final items on the committee agenda that day were items in committee. On a motion by Council Member Ellinger and second by Council Member Myers, the Social Service Needs Assessment was unanimously removed. On a motion by Council Member Myers and a second by Council Member Ellinger, The summer youth employment program was unanimously removed. Council Member Meyer stated he would bring work on the resolution regarding child care assistance, and that has happened in the interim of our meeting. Mayor, the meeting adjourned at 1.05 p.m. That concludes my report. Thank you, Council Member Ford. And next, Council Member Ellinger. Thank you, Mayor. The Budget and Finance Committee met on November 19th. We had seven items in the agenda. The first one was the October 22nd committee summary approval. The second item was the monthly financial report. Mr. O'Mara stated the unemployment rate and other indicators were heading into a positive direction. The budget director stated that the actual revenues was $750,000 ahead of the general fund through October. She also stated the actual expenses were about $3.1 million below budget through September. Therefore, we had a positive variance of $4.2 million. The third item on the agenda was the outsourcing of internal audit functions. Glenna George, the attorney for the government, gave a summary of legal opinions. She stated that the civil service employees within the Office of Internal Audit are governed by KRS 67A and Chapter 21 of the Code of Ordinances. She also stated that to eliminate the civil service positions, the government would need to find the positions are no longer necessary or an economic necessity. She stated that if the government was interested in outsourcing the work, it could not argue that the positions were not necessary. She also stated that outsourcing would probably be an expense as staffing the office, so it would be a limited ability to claim economic necessity. Bruce Ali, the director of the Office of Internal Audit, presented a PowerPoint presentation. He said that the office had proven to be efficient and effective, and he identified numerous findings and recommendations that streamline government operations. In the general government link that referred this to the budget finance, we had concerns about the staff size and budget compared to several peer local governments. In response, Mr. Salley stated that the comparison that the link referred to compared 2010 budgets, the staff of a few comparable communities to the 2013 budget and staff side for the Lexington office. He offered to provide us more information that was more timely. The fourth item was the debt management policy. Mr. O'Meara presented the debt management policy. stated it was a guide for how the LFUCG may issue debt, the amount of debt the government can support, and the types of acceptable debt. He stated that the policy was drafted to improve the quality of decision-making to ensure rating agencies and capital markets of good governments. He stated that the LFUC goal for debt capacity is 10 percent of reoccurring revenues, and currently we are approximately 13.4 of revenue in debt, and stated that the LFUCG should be at the 10 percent level by 2020. A motion by Councilmember Stenet, seconded by Councilmember Saadi, that the committee recommended that the council adopt the debt management policy, passed unanimously, and I move this forward. So moved. Second. Motion by Councilmember Elieger, seconded by Vice Mayor Gordon. Is there any discussion on the motion? Hearing none, we can take the vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. The fifth item was the urban services refund policy. Charlie Martin discussed the refund policy, that the current policy for street lights, waste management, and street cleaning. He said that LFUG has refunded property owners if street lights weren't installed during the calendar year, but not for solid waste and street cleaning. He said that the administration is reviewing this and would like to get out of the refund, practice, and develop a more reasonable policy. Mr. O'Meara discussed the urban services tax ordinances. Mr. Schoeniger stated that approximately 1,200 properties were refunded. The tax, a refund total aimed $34,000. We had multiple questions by council members who asked questions. In response, Mr. Martin stated that it is the type of the policy that the administration is leaning to when Mr. Stenitz suggested that the tax not be assessed until the services are provided at the beginning of the year. And then also Mr. Barbary, the Law Department, stated that the administration considers staggering urban services to new development. He stated that the solid waste would be offered first and then followed by street lights and finally street cleaning. Mr. Barbary also stated that LFUG offers solid waste service to every property in the urban services district, but some properties prefer to utilize private collection service. He stated that some properties prefer to use the compactor services, which LFUG doesn't offer, for example. Mr. Sennett requested that this item stay in committee, and we will take that up in the next year. Item six was the links discussion and the process, and Mr. Schoeniger had given us a proposal that had some variances what we did the year before. He is going to provide us for a chart, and we will deal with that in our next budget meeting. We had three items that were referred to committee that were unanimously removed, and we adjourned at 244. Thank you, Mayor. Thank you. Thank you, Council Member Ellinger. All right, that allows us to move on to Council Reports. If Council Members have reports, please sign up for Council Reports. Council Member Hansen. Thank you, Mayor. For quite some time now, the Commission for Citizens with Disabilities, which I serve on, has been working and looking at parking violations in handicapped parking spaces. So individuals with disabilities have brought this to our attention, and we have looked into it for several months now, and I want to move to place that item. Now, this would go into the Budget and Finance Committee as a separate item from those that were placed in there by Council Member Myers. So I move to place in the Budget and Finance Committee the item of handicap parking violations and parking space and signage. Second. Motion by Council Member Henson. Second by Council Member Myers. Do any discussion on the motion? Okay, hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Merry Christmas. Thank you, Mayor. Happy holidays. All right, who's next? Council Member Ford. Thank you, Mayor. I have an announcement and just a comment. I'd like to announce this coming Thursday, December 12th at 5.30 p.m., the First District Council Office will hold our quarterly neighborhood leaders meeting. It will be held at the Lyric Theater at 300 East 3rd Street, again from 5.30 to 7 o'clock. We've shared this information with our neighborhood association presidents, but we also would like to open it up to the general membership and those interested throughout neighborhoods in our district. again Thursday, December 12th at the Lyric Theater. Mayor and Council members, I'd also like just to take this time. I know that we are all aware now of the passing of former South African President Nelson Mandela and as our nation and as our world is observing his life. And I just wanted to share, and hopefully our community can join in the appreciation for Mr. Mandela as a leader and as a symbol worldwide of freedom, justice, and equality. Thank you, Mayor. Thank you, Council Member Ford, and especially for that recognition. Council Member Farmer. Thank you, Mayor. I just had a question of whomever. I came in through the back, and I noticed when I went out front that the canopy over the front door is missing. And I just wondered where it went and what happened to it when it's coming back. It hasn't been gone. It's been gone for a couple of weeks, I guess. I don't know. I hadn't noticed that. It looked like John Sheed is ready and waiting. It does open up the front of the building. The building looks very nice. It looks more open out there, but I just wonder what the plan wants. All by myself. What was going on? During our annual inspection of the facilities, it was determined that it was structurally unstable. Okay. We had a structure engineer that came in and took a second look and highly advised that we should remove the canopy as quickly as possible, which was done. Yeah, I'll say. We have an architect on board right now. We already had a kickoff meeting. They're going to be looking into two or three different options in regard to replacement and cost associated with those. Once we have the report, we will be having some internal discussions, and a decision has to be made as to which one of those options we would like to pursue. So we have some latitude in what we put back. Yes. Yes. We've had Betty Kerr with the historic preservation also involved with this from the beginning. So we just want to make sure what we put back up there would be something that would fit in with the building. It could have a little point of interest to it. Absolutely. And then I noticed that you've pulled the ceiling parts out of the smaller canopy over what would be the... Yes. That was part of it. once we found the bigger one to be in such a bad shape, the decision was made to go ahead and remove the other one also to make sure that we can get to all the structural members and make a determination. Although it's not as bad a shape structurally as the other one, we're kind of waiting to see what the decision is going to be in regard to the larger one, and we're probably going to go ahead and replace that one also. Is there anything we could do to make the entrance to the building or have some attraction about it? When you come in, I mean, you enter into a small box that leads you to a bigger box. We've had some discussions back and forth about this might be an opportunity to kind of take a holistic look at what can be done in order to make it maybe more pleasing. There are some restrictions because of the building itself and the envelope and the spaces you've got available to you. But that's obviously something that an architect who's working on that can come up with a couple of suggestions. But really your options are fairly limited to what you can do in that front entrance. It's been the way it is for quite some time, and I wouldn't consider it historic at the least. But I think there's an opportunity to have a more welcoming front door for our government. We will take a closer look at that and see what we can come up with. Thank you. Thank you for that information. Sure. But we may have time for one more portrait moment. Oh, my goodness. While you're walking, I was going to say that does the words leaning tower of LFUCG come to mind? Tom Sheed? All right, this is the third of our four mayoral portraits that has been hung here. And this is Thomas G. Mooney here. It's R. Mack Oldham. I want to do Mayor Oldham first. What's the name again? R. Mack Oldham. OLDHAM. He was mayor from 1943 to 1947. Armack Oldham became mayor of Lexington in 1943 upon the death of T. Ward Havley, which we had premiered last week. After finishing out the term, he was reelected to the post in 1944 and served until 1948. Oldham was born in Bergen, Kentucky in 1896, spent his childhood in Louisville, and attended school there. After serving in the Navy during World War I, he moved to Lexington and was involved in real estate and the insurance business. Prior to becoming mayor, Oldham served two terms as a city commissioner. He served as a director of Central Bank for many years and had been a vice president for several years before his death in May 1963. Oldham was active in numerous civic and community affairs and was a member of the Calvary Baptist Church. He and his wife, Mrs. Frances Huxley Oldham, had one daughter, Mrs. Richard C. Lamb. Thank you, Mayor. Now, I'll go ahead and do the last one if that's all right. Because we're at the end of the year and the end of our time. We can all take. Well, it's been nice to kind of redecorate the chamber a little bit and spend some time with some of our former leaders. This is Thomas G. Mooney. Now up here it says Tom G. Mooney, so I think it was his choice. Thomas G. Mooney was born in Lexington in May 1906. He attended St. Catherine's Academy and later received his B.A. degree from St. Mary's College in St. Mary's, Kansas. Mooney received his law degree from Georgetown University in Washington, D.C. He served as a Fayette County Magistrate from 1937 to 1939 when he joined the Kentucky State Banking Department. In 1944, he was appointed OPA, which is the Office of Price Administration. He was a rationing attorney and remained in that position through 1945. Mooney was elected mayor in 1948 and served one term. He died at Johns Hopkins Hospital on January 12, 1956, while undergoing heart surgery. It's interesting to see the different points that each of these may have and some of their individual history. And certainly there's more portraiture on the mezzanine, and we may all want to spend more time with those as we move forward. Thank you, Mayor. Thank you. Council Member Farmer. Who does that have been? Yeah, that's right. Double stack. Vice Mayor Gordon. Thank you, Mayor. I wanted to highlight two upcoming changes at the University of Kentucky. And the first is I had the privilege of serving on the search committee for the new Arboretum Director. And some of you may know Molly Davis, landscape architect with Parsons Sprinkerhoff. In fact, she's a supervising landscape architect, and she was the lead landscape architect on the stormwater project in the Arboretum, which was the first time that LFUCG and the University of Kentucky had partnered on any stormwater project. and she has been selected as the new director of the Arboretum as Marsha Ferris, the current director, retires. And Molly will take office to fill her position on January 1st. And then because of my work at the Arboretum with the advisory committee and the search committee, and I've had the opportunity to work closely with Dean Scott Smith, the dean of the College of Agriculture, Food, and Environment. And as you know, he's retiring at the end of the year. Dean Smith and I became co-op parents. Our children were in preschool and kindergarten together 30 years ago. And his successor has been named Nancy Cox, will become the new dean. and many of you know Nancy. She's the vice president for research at the College of Agriculture and she is nationally regarded as a fine researcher and person of knowledge in the ag industry. So big changes at the College of Ag and Molly Davis will report to the dean of the College of Ag. So they have two primary changes there in positions, and the new dean, Dean Cox, will also take office January the 1st. Thank you, Mayor. Thank you, Vice Mayor, for bringing that to us from the university. Those are significant changes and indicate the forward path of dimensions of the university and departments that are really relevant to us in the city. Council Member Clark. Thank you, Mayor. I'd like to remind the council and a word of appreciation that my legislative aide, Jonathan Hollinger, is leaving us. And moving to the Department of Planning, I hate to lose Jonathan, but I suspect there are other members of our council and other aides that also hate to lose Jonathan because he is not only an incredibly effective person working with me, but also with the whole council, I suspect. So I would like to take this opportunity to thank Jonathan for all the hard work that he's done for me and for the council in general, and we wish you luck in the future. Thank you, Mayor. Thank you. Thank you, Council Member Clark. All right. That's all that all council members have signed up for a council report. Anybody else? Okay. Then we can move on. to the mayor's report. Is there a motion? Move approval. Motion by Vice Mayor Gorton, seconded by Council Member Farmer. Any discussion on the motion? Okay. If not, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Mr. Mundy, has anybody signed up for public comment? Nobody signed up. That means that we can take a motion for adjourn by Council Member Stennett and second by Council Member Ellinger. unless there's objection. We are adjourned.