# Council Work Session - August 25, 2015 > Auto-transcribed civic record · August 25, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3747 - **Source video**: https://lfucg.granicus.com/player/clip/3747?view_id=14&redirect=true - **Date**: 2015-08-25 - **Last revised**: July 15, 2026 - **Length**: 6,031 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 August 25, 2015, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with the Vice Mayor presiding. The council addressed 10 agenda items during the session, including public comment periods, rezoning requests, budget amendments, and new business matters. The council took 21 votes and heard 13 public comments from constituents on both agenda and non-agenda issues. All major items brought before the council—including requested rezonings, budget amendments, new business, and continuing business presentations—were approved. ## Attendance The following individuals were present at the meeting on August 25, 2015: * Farmer * Kay * Stinnett * Moloney * Akers * Lamb * Scutchfield * F. Brown * Bledsoe * Henson * Gibbs * Evans * Mossotti * James Brown No absences or late arrivals were recorded. ## Votes and Decisions The meeting included 21 votes, all of which passed. Most votes were conducted by voice vote, with two roll call votes. **Closed Session and Administrative Motions** The body voted to enter closed session for discussions regarding potential litigation, seconded by F. Brown [timestamp: 00:09:59]. A motion to return from closed session, moved by Kay and seconded by Mossotti, passed [timestamp: 00:10:29]. The August 11, 2015 summary was approved on a motion by Scutchfield, seconded by Farmer [timestamp: 00:11:00]. **New Business and Referrals** New business was approved on a motion by Farmer, seconded by Kay [timestamp: 00:11:31]. A motion to table new business item C, moved by Farmer and seconded by Mossotti, passed [timestamp: 00:11:31]. Several items were referred to committees: - Maintenance of bike trails and sidewalks referred to Environmental Quality & Public Works Committee, moved by Moloney and seconded by Scutchfield [timestamp: 00:28:30] - Discussion of drones referred to Planning & Public Safety Committee, moved by Moloney and seconded by Henson [timestamp: 00:28:30] - Community gardens and market gardens referred to Planning & Public Safety Committee, moved by Kay and seconded by Henson [timestamp: 00:28:30] - Enforcement of snow removal on private sidewalks referred to Planning & Public Safety Committee, moved by Gibbs and seconded by Henson [timestamp: 00:28:30] **Design and Budget Matters** Design Excellence ZOTA was referred to Planning & Public Safety Committee on a roll call vote of 13 ayes to 1 nay [timestamp: 00:28:30]. F. Brown voted against. Downtown design excellence standards and guidelines were placed in Planning & Public Safety Committee on a motion by Kay, seconded by Akers [timestamp: 00:28:30]. Budget amendments were approved [timestamp: 00:27:57]. Neighborhood development funds were approved on a motion by Scutchfield, seconded by Henson [timestamp: 00:27:57]. **Special Meetings and Resolutions** A motion to reschedule the Special COW from August 20, 2015 to September 10, 2015, moved by Stinnett and seconded by F. Brown, passed on a roll call vote of 9 ayes to 5 nays [timestamp: 00:28:30]. Kay, J. Brown, Gibbs, Evans, and Mossotti voted against. The special Council meeting on August 24, 2015 was canceled on a motion by Scutchfield, seconded by Bledsoe [timestamp: 00:28:30]. A resolution authorizing condemnation proceedings for the Polo Club Boulevard Public Improvement Project was placed on the docket for the August 27, 2015 Council meeting, moved by Stinnett [timestamp: 00:42:56]. A resolution amending resolution 247-93 to annex 211 West Maxwell Street into the South Hill Residential Permit Parking District was placed on the docket for August 27, 2015, moved by Gibbs and seconded by Henson [timestamp: 00:28:30]. The meeting adjourned at 5:23 p.m. on a motion by Stinnett, seconded by Scutchfield [timestamp: 00:28:30]. ## Budget and Financial Actions The meeting included authorization for the following financial actions and expenditures: **Purchases and Vendor Agreements** * Federal Signal/Capital Electronics was designated as sole source vendor for an emergency outdoor warning siren system upgrade at $90,000 (L0987-15) * AMTEC was engaged to perform Arbitrage Calculation for LFUCG General Obligations Bonds at $2,400 (L1029-15) * Paradigm Engineers and Constructors was authorized for a professional services agreement regarding an electrical maintenance shop at West Hickman WWTP at $35,090 (L1047-15) **Contracts and Agreements** * A change order was authorized for the Hillenmeyer Pump Station Decommissioning Project with Free Contracting, Inc. at $4,095.87 (L1006-15) * A lease agreement with Pilgrim Baptist Church for parking lot use adjacent to Coolavin Park was authorized at $1,000 annually (L1032-15) * Central Kentucky Housing and Homeless Initiative was authorized for a Purchase of Services Agreement for technical assistance and Community Stand Down event at $10,000 (L1045-15) * Bluegrass Community Foundation was authorized for a Memorandum of Agreement for fundraising for Town Branch Commons at $180,000 (L1051-15) **Grants and Appropriations** * An application for a Kentucky Division of Waste Management grant for waste tire disposal and recycling was authorized at $4,000 (L0998-15) * Authorization was granted to create one Public Information Officer position in the Department of Public Safety at $81,346.00 (L1015-15) * The Division of Police was authorized to abolish a Staff Assistant Sr. position and create a Permit Clerk position (L1016-15) **Bonds and Major Financial Actions** * Authorization was granted to issue and sell Various Purpose General Obligation Bonds, Series 2015B at $33,000,000 (L1030-15) * Authorization was granted to advertise for bids and distribute the Preliminary Official Statement for FY2016 GO 2015B CIP Bonds (L1031-15) **Other Authorizations** * A deed of conveyance for a parcel at 110 S Limestone Street for Phoenix Park was accepted from the Commonwealth of Kentucky (L1013-15) * Authorization was granted to donate 150 Fire Shelters to the Kentucky State Fire Commission (L1014-15) * A revised fee schedule for Planning Commission and Board of Adjustment applications was adopted (L1033-15) * A Sanitary Sewer Service Agreement and Conveyance Agreement with Southland Christian Church and Jessamine-South Elkhorn Water District was released (L1042-15) * An amendment to the data sharing agreement between LFUCG and Fayette County Board of Education was approved (L1046-15) ## Public Comment Council members raised questions and concerns across multiple topics during the meeting. **Parking and Transportation** Council Member Farmer inquired about the motivation for adding five parking spaces in Phoenix Park, confirming they would be designated for metered and loading zone use, with ongoing discussions with Lex Park and Panera [timestamp: 00:13:43]. Council Member Lamb followed up, asking whether one parking space would be reserved for business vehicles to avoid blocking Water Street [timestamp: 00:19:09]. Council Member Farmer also moved to place the issue of downtown speed limits into the Environmental Quality & Public Works Committee [timestamp: 00:38:10]. Council Member James Brown thanked traffic engineering for expediting street striping at the Ailman and 4th Street intersection to improve safety for students [timestamp: 00:38:40]. **Sewer and Water Services** Council Member Farmer sought clarification on the Sanitary Sewer Service Agreement with Southland Christian Church and Jessamine-South Elkhorn Water District, which was explained as transferring sewer facilities in Jessamine County to the district [timestamp: 00:15:19]. Council Member Lamb requested an update on the status of water franchise negotiations with outside counsel [timestamp: 00:36:03]. **Town Branch Commons and Funding** Council Member Massadi expressed concern about spending $180,000 to pay a foundation to raise funds, questioning the business logic of the expenditure [timestamp: 00:16:55]. Council Member Maloney asked about the status of the Tiger Grant application and whether the project would proceed without it, and questioned who would maintain the park if built [timestamp: 00:23:29]. **Other Concerns** Council Member Evans requested an update on the Community Stand Down event and the transition of federal homelessness funding [timestamp: 00:21:17]. Council Member Fred Brown cautioned against bonding small projects under $100,000, noting the long-term debt burden and suggesting they be funded from the general fund [timestamp: 00:26:49]. Council Member Maloney raised concern about gas prices in Lexington being significantly higher than in surrounding counties despite falling oil prices and requested investigation [timestamp: 00:29:00]. Council Member Maloney also asked about the financial implications if a cell tower were placed on a PDR-eligible property [timestamp: 00:32:15]. **Announcements** Council Member Hanson announced three upcoming events: a Global Lex press conference, an international overdose awareness remembrance, and a meeting with Congressman Andy Barr [timestamp: 00:37:03]. ## Contested Items The August 25, 2015 meeting included three items where council members expressed significant disagreement. **Fundraising for Town Branch Commons** A split vote occurred over a proposal to spend $180,000 to pay a foundation to raise funds for the Town Branch Commons project. Councilmember Massadi questioned the wisdom of this expenditure, characterizing it as poor business practice. Other council members defended the necessity of professional fundraising services for a $50 million project, arguing that specialized expertise was required for a project of that scale. **Use of PDR Funds for Commercial Development** Councilmember Maloney raised concerns about the use of PDR (Purchase of Development Rights) funds for commercial development purposes, specifically citing cell towers as an example. Maloney argued that taxpayer-funded PDR purchases should not be used to support commercial uses and contended that any proceeds from such uses should return to taxpayers rather than being retained for other purposes. This issue generated heated discussion among council members. **Bonding for Small Capital Projects** A split vote also occurred regarding a bond program for small capital projects under $100,000. Councilmember Fred Brown cautioned against bonding for these smaller projects, warning that doing so would create a long-term debt burden for the municipality. Other council members supported the bond program, arguing that it was necessary to fund required infrastructure improvements despite the size constraints of individual projects. ## Public Comment - Issues on Agenda No public comments were received during this segment of the meeting. ## Requested Rezonings/ Docket Approval [timestamp: 00:04:33] Council considered a docket approval motion for requested rezonings during this agenda item. Key speakers on this matter included Farmer and Lamb. The council approved the docket approval motion. As a result of this approval, a public hearing was scheduled for September 22, 2015, at 6:00 PM to address a rezoning item. ## Approval of Summary – Yes, p. 1-2 The meeting addressed approval of the August 11, 2015 summary. [timestamp: 00:11:00] **Outcome** The August 11, 2015 summary was approved without dissent. **Key Participants** The discussion involved Scutchfield and Farmer. ## Budget Amendments – Yes, p. 3-4 The budget amendments were discussed and approved during this agenda item [timestamp: 00:11:31]. **Key Speakers** Brown and a Commissioner participated in the discussion of the budget amendments. **Discussion** During the brief discussion, a question was raised regarding the purpose of the aggressive car and truck grant included in the amendments. **Outcome** The budget amendments were approved. ## New Business – Yes, p. 5-38 [timestamp: 00:13:43] New business items were presented and discussed by council members before being approved. Several topics generated questions and debate among the council. **Key Discussion Points** Council members raised concerns across multiple areas: - **Parking in Phoenix Park**: Questions were raised about the rationale and planning behind parking decisions in Phoenix Park. - **Sewer Agreement**: The sewer agreement was discussed, though specific details of the concerns were not documented. - **Town Branch Commons Fundraising**: Council members inquired about fundraising efforts for Town Branch Commons. - **Taxpayer Funds for Commercial Development**: Concerns were raised regarding the use of taxpayer funds for commercial development projects. **Speakers** The discussion involved council members Farmer, Massadi, Lamb, Evans, and Maloney, as well as Fred Brown. **Outcome** The new business items were approved following the discussion and questions from council members. ## Continuing Business/ Presentations [timestamp: 00:27:57] During this agenda item, several matters were presented and discussed by the council. **Neighborhood Development Funds** The Neighborhood Development Funds were approved during this portion of the meeting. **Budget, Finance & Economic Development Committee Summary** A summary from the Budget, Finance & Economic Development Committee was confirmed as already approved, streamlining the review process. **Council Reports** Council members presented reports covering multiple topics: - Gas prices - Water franchise matters - Upcoming events **Key Speakers** The discussion involved contributions from Maloney, Lamb, and Hanson. **Outcome** The agenda item concluded with an approval outcome. ## Council Reports [timestamp: 00:37:03] Council members provided updates on several ongoing city initiatives during this informational segment. **Updates Presented** Hanson reported on three main items: - **Global Lex Press Conference**: Council members shared information about a press conference related to Global Lex - **Overdose Awareness Event**: An update was provided regarding an overdose awareness event - **Congressional Meeting**: Council members reported on a meeting that took place with Congressman Andy Barr **Outcome** This segment served as an informational update, allowing council members to brief the body on recent activities and initiatives without formal action or debate. ## Mayor's Report - Yes The mayor's report was presented as Agenda Item VIII. [timestamp: 00:40:16] The report was approved without discussion. ## Public Comment - Issues Not on Agenda [timestamp: 00:40:16] No public comments were received during this segment of the meeting. ## Adjournment The meeting was adjourned following a motion to adjourn that passed without objection. Stinnett moved for adjournment at approximately 43 minutes and 34 seconds into the meeting [timestamp: 00:43:34]. The motion was approved, concluding the proceedings. --- ## Decisions - **Motion** — passed (0-0): approve the August 27, 2015 council meeting docket - **Motion** — passed (0-0): schedule a public hearing, on September 22, 2015 at 6:00pm, for a zone change at 1551 Deer Haven Lane (ordinance #9) - **Motion** — passed (0-0): enter closed session pursuant to KRS 61.810(1)(c) for potential litigation - **Motion** — passed (0-0): return from closed session - **Motion** — passed (0-0): approve the August 18, 2015 work session summary - **Motion** — passed (0-0): approve budget amendments - **Motion** — passed (0-0): approve new business - **Motion** — passed (0-0): approve neighborhood development funds - **Motion** — passed (0-0): refer downtown speed limits to the Environmental Quality & Public Works Committee - **Motion** — passed (0-0): approve the Mayor's report - **Motion** — passed (0-0): enter closed session pursuant to KRS 61.810(1)(c) for the purpose of discussions regarding pending and potential litigation - **Motion** — passed (0-0): return from closed session - **Motion** — passed (0-0): place on the docket for the August 27th council meeting a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain one temporary construction easement and one permanent drainage easement across the property located at 1250 Deer Haven Lane for the Polo Club Boulevard Public Improvement Project - **Motion** — passed (0-0): adjourn at 5:32pm --- ## Full transcript The Thank you. Thank you. ¶¶ ¶¶ Thank you. Thank you. Good afternoon, everybody. It's 3 o'clock. The mayor will be away today and I will be chairing this session. August, whatever this is, 25th work session. First item on the agenda is public comment for issues that are on the agenda. Is there anybody signed up? Nobody signed up. Thank you. That would leave us to the next item on the agenda, which is requested rezonings. Requested rezonings and docket approval. I have a motion. I have a motion to approve. Second. Motion and second. Are there, and Council Member signed up? Yes, starting with Council Member Farmer. We need to dispose of this first, Vice Mayor. Actually, I wanted to make a motion to go into a closed session about a potential litigation item. We'll come back to that after we've disposed with this, if that's all right with the Council. I'll come back to you. Thank you. Councilmember Maloney. We're here talking about I have somebody request for a public hearing. Is this the right time? Yes, sir. I have a request for a public hearing on number nine on the docket with a public hearing to be held on a special council meeting, and we're looking at either September 28th, I believe, which is a Monday. 28th or 29th? So that's a motion to have a public hearing. I believe it has to be voted on. Is that correct before we look at dates? I'm at the neighbor's call. Vice Mayor, the 28th is the Farm Bureau dinner that we typically attend, mostly Council members. Okay, before we talk about dates, can we have a vote on whether Council wants to have this? So I have a motion to have a public hearing. I have a motion to make a public hearing. Is there a second? Second. I have a motion and a second. Is there any discussion of the motion? All those in favor, please say aye. Aye. Any opposed? That motion carries. Now the question of when to schedule it. You're suggesting? Right. I've been approached by the attorney, and he would either question the 28th or the 29th. We have the Monday, the 28th, and the 29th is the council meeting. I think the 29th, I think we're having a lot of council members are going to the Fayette County Farm Bureau. There's a meeting that night. I think the 29th is what we're pushing. The Farm Bureau is the 28th. It's the Farm Bureau. Monday the 28th. The 29th is what I'm pushing for, the 29th. And I believe we have counsel for the... 29th would, I'd rather not have a hearing, obviously, but 29th would work for us on the hearing date. So we're looking right now at September 29th, 29th, which is a Tuesday, scheduled at 6. 6 o'clock. 6 o'clock. How many council members cannot be present? 1, 2, 3, 4. That's not, we can't. I mean, it's. My understanding is that we need to have a minimum of 11 because we need absolutely to have 10 for a quorum on that night. That if we don't have 11 people who can make it, we can't schedule it. I can check with... Am I understanding correctly? I see Mr. Sally, Mr. King nodding. Yes. We need to have 10 present, but typically we've not scheduled if we had a minimum of 10 because we almost always lose somebody. 22nd October? September. So is there another possible date? September 22nd. Would that be a little? September. We have until October 21st. September 22nd. Same question. How many council members cannot be present on September 22nd? at 6. One and myself. So it looks like September 22nd is a date that will work. So we'll schedule that hearing. September 22nd at 6 o'clock. 6 p.m.? Yes, sir. Thank you. Any other zoning matters? Any other? Council Member Lamb, are you signed up for docket approval? Yeah, I just I guess I yes, I mean that's being disrespectful. I just wanted to State that on item number seven I would Reserve the right to want to make a motion on it on before its first reading on Thursday night I don't know if I just just this is for information purposes. That's all it's not a motionary anything right now, so Thank you Anybody else wish to speak to the docket approval? Seeing nobody else signed up, all those in favor, please say aye. All opposed? That motion carries. Council Member Farmer, is this when you want to get in? I've spoken with several council members. We have, I know there's an item on later for a closed session, but there's another one on for right now. and I believe it would be the will of the council. I move to go into a closed session pursuant to KRS 618101C for the purpose of discussions regarding pending and potential litigation. So moved. Second. Motion and a second. Any discussion on the motion? Seeing none, all those in favor, please say aye. Aye. Any opposed? Motion adjourned to the caucus room. I have a motion to come back and open session. I have a second. I have a motion to second. All in favor, please say aye. All opposed, that motion carries. That brings us back to the agenda. I believe we had approved the docket. Approval of the summary. Do we have a motion? Move approval. Second. Motion and second. Approve the summary. Any discussion of the motion? All those in favor, please say aye. Aye. Any opposed? That motion carries. Next would be budget amendments. Is there a motion to approve? Approval. A motion to approve, a second. I have a motion and a second. Any discussion on budget amendments? I've got a question. Councilmember Brown, Fred Brown. Thank you, Vice Mayor. Just a quick question. I was wondering about the fourth one down on the budget request list. to establish a grant budget for targeting aggressive cars and trucks. Can somebody tell me what an aggressive car or truck is? Evidently, we've got $62,500 in a grant. Just curious. Commissioner, welcome. Hello. Yes, sir. I'm sorry I was talking and missed a question. Council Member Brown. What is an aggressive car or an aggressive truck? We've got $62,500 from the U.S. Department of Transportation grant. Well, we're targeting the aggressive drivers of the cars and trucks. That's what we're trying to do. Oh, okay, okay. Basically, a lot of it can happen on the interstate where you have cars cutting in and out of traffic at high speed and those kinds of things. So it's a very dangerous thing. Sometimes you've got to add a little humor there. I thought that's what it was. I understood. Okay, thank you. Thank you. Any other comments on the budget amendments? Seeing none, all those in favor, please say aye. Aye. All opposed? That motion carries. Next is new business. Do I have a motion to approve new business? I have a motion and a second to approve new business. Are there council members who wish to speak to new business? Council Member Farmer. Two items, Vice Mayor. First item D. This is where, this is to add some parking to Phoenix Park. I guess it looks like from the map, thank you for the map, that this is going to be on Water Street, the pull-up kind of back-end variety. I just wonder what was the motivator for this. one or the other of the commissioners opportunity i mean it's a good spot for spaces i guess you're asking about the going rate for the parking no sir just what the motivator was for the i mean what is the opportunity for the parking at this point we have been working with uh lex park they're going to be and i'm not sure if i'm answering your question correctly but at this point they're going to be metering the spaces and then we're working with some of them are probably going to be a loading zone. At this point, we're looking at probably doing a couple that are loading zone and a couple that are 30-minute metered spaces. So right now we're in discussions with Lex Park and Panera and others in that area. We just identified that there's room for five spaces and poof, we're going to do them. Is that it? I mean, I just... It was a request basically for the development of that area trying to get a few more spaces in that area and we did think it was a good idea to try to to put in a few more particularly in that area we've got just from our own standpoint from the phoenix building we have had parking that kind of sits on water street so this will give us as well some of the loading space on that so we do think it will assist in the development of the kind of the phoenix lot area the phoenix you've covered it by me i appreciate it both of you. Thank you. My other one is on item M, which is the Sanitary Sewer Service Agreement and Sanitary Sewer Collections and Facilities Conveyance Agreement that was originally something we sanctioned in 1999, and I'm just, this was on for several pages and several illustrations. What exactly are we conveying to whom and in what capacity, I guess is what I was trying to get down to here. We are conveying sanitary sewer facilities that are located in Jesmond County that were part of the Southland Christian Church construction that went on in 1999 in Jesmond County on Harrodsburg Road. That resolution is referenced in there and dated 1999 was an agreement between urban county government and the church in order to provide sewer service to them because there was no sewer service out there. Right. And so we've been operating and maintaining that for several years. Meantime, in 2002, there was a separate agreement between us and the Jesmond South Elkhorn Water District where Jesmond South Elkhorn became the sewer provider in northern Jesmond. So this is really cleaning something up that really should have happened a while back to where we're just basically handing the system over to them. We didn't build it. We didn't pay for it, but we're giving it to them because it's in their service area, not ours. Thank you for that explanation. It was perfect. Thank you, Vice Mayor. Thank you. Councilmember Massadi. Thank you, Vice Mayor. I have a question on item Q, which is page in the packet. I'm sorry. It must be page 37. Thank you, Jamie. It looks like we're fundraising to pay for fundraising. That's kind of what I deduce out of this item Q. Can you give me some explanation, please? Yes. This was one of the items that was approved in the budget for the $180,000. We are basically contracting with the Bluegrass Community Foundation to cultivate private fundraising efforts. for the Town Branch Commons project. This would be layered on top of the public piece that the budget included earlier in the year. So it's a 12-month period, $180,000, for cultivation of large donations, which are obviously unique, longer-term, relationship-building fundraising efforts. I understand what it says. I'm just going to understand the, I guess, the reasoning behind it. As I said, it looks like we're paying $180,000 this year, and the next year it says to be determined, and it sounds like we're spending thousands of dollars so they could raise thousands of dollars. I mean, I would love to have a business like that. I just don't understand our reasoning for doing this and spending this kind of money to pay someone to fundraise. Well, it is a business in and of itself, But I would say that when you have a large goal of $50 million in private philanthropy, that you better have somebody managing it or you have absolutely no chance of getting there. Right, and I don't disagree with you there. It's just I think that's a lot of money to spend to help someone achieve fundraising. And then down the way, we have costs to be determined. We just don't have a schedule of fees. And it just doesn't seem to be the best business practice to go that way. Thank you. You're welcome. Thank you. Council Member Lamb. Thank you. I guess mine goes back to item D. I want to follow up on Council Member Farmers. I know that there have been some concerns that have been addressed as far as people parking on the Water Street as it relates to the new business there. And I'm just wondering if is one of those parking spaces going to be allowed to be for the business vehicle so it does not block Water Street? At this time, we're still kind of in negotiations with how it's going to be used for how it's going to be programmed. In talking with Gary Means at Lex Park, his preference is to make them metered and then to make two of them loading zone. they can be used for loading zone by the businesses there and can be used by loading zone as well for the Phoenix building. Because we have had some of our staff, we are out throughout the day with code enforcement, building inspection and others. It's a nice place they could be able to just quickly pull in. The meter at this point we're thinking is going to be 30 minutes. And the same thing, it's probably going to be 15 to 30 minutes for the loading zone. So they are going to be managed and maintained by Lex Park. But that is our thought as of right now. Okay. I mean, and I don't know if fire ever uses that alleyway for, I would hate to some days to try to get a fire vehicle through there. It can be a challenge to get down there. I mean, I don't think there's any doubt about that. And I think some of them, sometimes it is trucks that are for either coming into the Phoenix building or others. But I know we have had some of our own staff that have parked kind of trying to get out of the way on the sidewalk. we're trying to do away with that as a as a practice an unofficial practice and trying to make it so it's a little bit easier so this will benefit us but it will obviously be beneficial to the businesses in the area as well okay thank you thank you thank you vice mayor thank you uh council member evans thank you vice mayor and thank you council member lamb because that was some follow up i had on that issue too so i appreciate that um just i guess i'd want to go to item let's see I'm sorry. Charlie, it was about the housing in. Just curious to hear a little bit more about that. How's it going? Is there something we can do to help promote that? Just give us an update on that. There are sort of two elements to that contract. The first part is just the continuation of our transition of the federal homelessness funds to this office from Central Kentucky Housing and Homeless Initiative. They possess a lot of data and access to the data information system that HUD uses. So there's some training transition as well as some, we've negotiated sort of a collaboration over the course of the next year where they'll do some of the data collection and management with us as part of the transition. The other piece of that is basically just our office sponsoring the stand down, the community stand down event, which is probably the single biggest one on one event we have every year with people who are homeless. About 300 to 350 people attend this event is at Central Christian Church on October 15th. And people get an actual service of some kind. This isn't just a resource fair. So they'll get haircuts. They'll get food. They'll get we'll be taking applications for various housing programs actually on site moving them to the housing hopefully very quickly from that day Providing in order to participate you have to provide an actual service day of so you can't just hand someone a flyer and say come learn about our program And so we'll be sponsoring that there. It's grown significantly over the years So they need some some tents and some other Some other expenses that are associated that are probably one time, but we'll see how we might be able to support that event in the future as well. And you do have a date scheduled, I think October? Yes, the event is October 15th from 9 a.m. to 2 p.m. Usually we have folks literally sleeping out the night before, and they're there at 6, 7 in the morning. And we'll provide coffee and donuts and then also lunch and working with different sponsors to get some of that donated. Thank you. Thank you, Vice Mayor. Thank you. Council Member Maloney. Thank you. I have a question on Q2. I need to get an update on Q. When is the Tiger Award supposed to come out on this? I don't have an exact date, but we believe it's September, sometime in the month of September. And my question, and it goes back to how much did we apply for that grant? How much did we ask for to go on that? It was about $13.5 million. Okay. And I'm going to ask this question again. If we do not get that Tiger Grant, are we going to continue on pace and continue to build this thing? Or does the Tiger Grant have a big impact to make this happen? The Tiger Grant has a significant impact on the front end of the project, yes. But if we don't get the grant this year, we can always reapply next year. that said we're developing a plan if that tiger grant doesn't come through so again we're not going to spend any of the 10 million dollars that was approved by the council until we get authorization by the council so and this is what i'm going back to if we're going to do fundraisers and all this for that and we don't get the tiger grant so we're not going to do the bond this year to do any work and then wait till next year and apply again for the tiger grant until we get the Tiger Grant, then we'll do this bond that we put aside. Is that what your plan is? Not exactly. I would have to come back to you with a detailed plan. But if we don't get the Tiger Grant, I would not rule out the possibility of us bringing a different program for your approval. It could be a smaller portion that we're spending in hopes of getting a Tiger Grant next year. But again, I don't believe that this money that you're approving today is contingent upon that Tiger Grant because you're talking about two different pools of revenue sources, one federal and one local. The other question, the Bluegrass Community Foundation, if they raise this money and we build this, who's going to maintain it? Are they going to maintain the maintenance and all this, or who maintains? I mean, that's not going to be cheap to maintain something like this. So who will be maintaining? Is this going to be a government that will maintain the clean out of this, or is this going to be the downtown management authority that we gave them the authority to raise money to do downtown? Or who is in the plan to maintain this? If you'll remember back to the presentation that Dan Jones made during the budget season, he talked about the 21st Century Parks model in which they raised enough money to have the assets, to have the private foundation actually maintain and improve the park as time went forward. So you're saying that's why you're trying to do this fundraiser for community development, to put an organization together to raise millions of dollars, and most of that money is going to be to maintain the town branch. That's the model we prefer, yes. Okay. Thank you. Thank you. Council Member Fred Brown. Thank you, Vice Mayor. My comment is on I and J. on the bonding. I'd be remiss if I didn't at least mention the fact that $33 million bond outstanding is what we're trying to bid out. And I think council members got a list of that $33 million for capital project summaries. And I'm not against any of these items that need to be done, and I'm not going to vote against the bond program, but I did want to point out that we've got several items in there that are under $100,000 and probably should be budgeted out of the general fund, especially when we have reserve each year. And I just want to caution the council that the more debt we go into, there comes a time you have to pay it back. So I just wanted to comment on that, that I hate to bond these smaller projects. Thank you. Thank you. I see nobody else signed up, so I will call the question. All those, this is on the budget amendments. All in favor, please say aye. Aye. Any opposed? That motion carries. I'm sorry that was that was new business not I believe we already did budget amendments this was the motion on new business just to be safe let me just call it again this is a motion on new business all in favor please say aye any opposed that motion carries which would bring us down to continuing business and presentations first one is NDF Do I have a motion to approve? So moved. Second. Motion and a second to approve NDF. Any discussion? Seeing none, all those in favor, please say aye. Any opposed? That motion carries. Next is the summary of budget finance and economic development. That's actually already been done, Vice Mayor, two weeks ago, at our first meeting back from the summer. So that was mentioned earlier today, so we've already done that. So that was done before the committee approved it? Yes. Thank you. That would bring us then down to council reports. Councilmembers, please sign in if you have something for council reports. Councilmember Maloney. Thank you, Vice Mayor. I've got a couple questions. The first one is I asked our law department, Janet Graham, to come up to speak. I've had a lot of constituents call about our gas prices, and as you know, the gas has gone under $40 a barrel. A month ago, we were above $40 a barrel, and the gas was only $223. Now that it's gone under $30 a barrel, our gas in Lutton has gone all the way up to $259. And in Jasmine County, in places like that, it's $219. And surrounding counties, I just don't understand why. And if I turn on the news every day, I see the gas is going down everywhere. But it seems like it's not going down to Lustonson, Kentucky, and it's gone way up. I mean, even Costo, who's usually cheaper than anybody, is still 20 cents higher than it is in Jasmine County. And Clark County is cheaper. Georgetown's cheaper. Everybody's cheaper than Lustonson. And I have a problem. How do we check this out? Why is Lustonson paying more than everybody else? $0.40, $0.25, $0.30 higher than anybody. Council Member Maloney, after you and I talked this morning, I called Todd Leatherman at the Attorney General's office in Frankfurt to talk to him about that. And he said they can take gas complaints from customers. You know, if you call their number and talk to the Consumer Complaint Division if they think there's being overcharging being done. He did say they have, like any state agency, they have limited jurisdiction over the area, but they have instituted suit against some of the oil companies related to monopolistic pricing. So they're willing to listen to any consumer that calls about that. And I'm happy to provide the council with that number. So they're going to look into it for us? They will if consumer... I'm assuming everybody up here, if you can help us to have him look into that, because there's just no reason for us to be paying this kind of price when a month ago it was over $40 a barrel. And I remember going, it was only $223. And now we're under close to 30-something minutes, down up to $259. I just think the public, especially Lustonton, needs to know why we're paying more than everybody else is. And I think, to be fair, I think gas pricing, like everything else, is kind of a complex thing. I understand. But they're very willing to listen to any concerns and try and help with those as they can. If you could find out for me, I would get that. The other thing is, Derek Paulson, if you could come up. I know if he's here. A question I have, and I usually tell you in advance, but it just came up to me. I know you all have a Board of Adjustment meeting or something about cell tires in the rural area. I find you all have that. My question is, what if it's in an area that we did a PDR purchase on there, and they put a tire on that, which is against the commercial use. That's what it is, basically. We're not supposed to put anything in a commercial use. And who gets that money? Because there's a deal cut with the property owner that if the sale tire goes in, they're going to make money out of this. And if we're giving taxpayers dollars to purchase the PDR and then turn around and have him have a sale tire, which is a commercial use, I've got a problem with that. But I think that money should go back to the taxpayers of Luskinson and not be used if they're going to be able to put a sale tire, which I don't think it should put a sale tire up because it's a government funding that we're getting. Now, I understand you're all going to discuss this, but I just want to know who gets the money. So a couple different things here. One, it's actually, I believe it's coming before the Planning Commission for approval, and it has not come before yet. So it is a farm application to kind of further muddy the waters that farm is not actually in the PDR program right now. They are in consideration, and they are a ranked farm. And this is actually something that's going to go before the board. I believe it actually has gone before the board about your point that you have made. My understanding, and again, I don't want to – we can get you the information from Beth Overman, who is our director of PDR, our manager of the PDR program. But it's my understanding that they did not, the board did not feel this was something that should go forward in terms of a ranked farm. So it will not necessarily be an issue in terms of a PDR farm having a cell tower on it. Now to, again, make it a little more confusing, there are certain uses that are allowed. That's one of those things that we are in current discussions with in terms of the feds, in terms of what is allowed in the PDR by the deed restrictions. There are some commercial, obviously there's commercial enterprise allowed on farms, such as commercial agriculture. So I think PDR, this is not necessarily a simple cut and dry, but there's a lot of different things that are going on here. One is it is coming before the Planning Commission for approval, and I believe it's next week, Chris? They're postponing. They're postponing. So it's still got some time to go, but that is a discussion. It's an issue that's going to come before the Planning Commission, so it will be discussed in a public meeting. In terms of the PDR, it is not currently a farm in PDR. It's just one that is applied, and it's in the rankings right now. And, again, my understanding, I think, that the property owner was trying to weigh which he was going to go. If it was something that the PDR would not allow, he would continue to go forward. And I'm not sure if he was making that decision whether or not. If it was something that they would allow him to do, he would keep it in there. But if it wasn't something, I'm not sure if he'd made that decision. So if it was a PDR property purchase development right, there cannot be a sale tire placed on that property. Is that what you're telling me? No, I'm not, actually. What we're not sure of at this point is whether or not that is, according to the federal restrictions and according to our guidelines, whether or not that would be allowed. I think it's more of a board decision at this point. Again, it's not in the PDR, so it's not necessarily on point in this case. But it was one of those things that came up in terms of the rankings. Well, if it goes on PDR, I think taxpayers have less than you should get the money. I think that's a tough call to make just because there's other commercial uses that are allowed, that farm owners are allowed to continue doing commercial uses. of some sorts, and again, this is in the PDR restrictions, but I think this is still it's not necessarily on point in this case, just because it's still the farm isn't currently in PDR. I disagree on that part. I think it should be the taxpayers get the money back. Thank you. You're very welcome. Thank you. Councilmember Lamb. Thank you, Vice Mayor. Commissioner Graham, I would like to ask I would just like to get an update on the water franchise. if you don't mind. My understanding, and again, that's handled by Mason Miller outside counsel, that he and Lindsay Ingram from Stalking and Ogden are working back and forth on a document. And so I'm hoping that we'll have an update on that soon. Is there a timeline that we have to, or do we have like a temporary franchise agreement? I don't think there's a true time frame because I think it continues on until a new franchise, as long as it's an existing franchise. Okay. Thank you. Thank you. Thank you. Council Member Hanson. Thank you, Vice Mayor. I just have a few announcements. on Friday at 10 a.m. there will be a press conference to announce Global Lex, our international center that's opening, which I think is very exciting for Lexington, and it shows how even more progressive we are. Also, on Saturday at 10 a.m., Jacobson Park, There's an international overdose awareness, and this is a remembrance for those who have lost, had losses due to a drug addiction. And then on Friday, not Friday, that's Friday, or that one's Saturday, Monday, the 31st, I'm sorry, at 9 a.m., if you live or work in the 11th District, you have an opportunity to meet your congressman. Congressman Andy Barr will be at the Village Branch Library at 9 a.m. and Council Member at Large Maloney will be there too because he is an 11th District representative. He's a representative of the whole city, but he lives in the 11th District. So, and that concludes my report. Thank you. Thank you. Council Member Farmer. Thank you, Vice Mayor. This is just an item I'd like to place into Environmental Equality and Public Works Committee. I move to place the issue of downtown speed limits into the Environmental Equality and Public Works Committee, so moved. I have a motion and a second. Any discussion on the motion? All those in favor, please say aye. Any opposed? That motion carries. Thank you. Council Member James Brown. Thank you. Thank you, Vice Mayor. I just wanted to thank traffic engineering, specifically Dal and Roger Mulvaney about putting a rush on the safe route to school, street striping they did at the intersection of Ailman and 4th Street. There's been a lot of concerns at that intersection, and I reached out to them to try to get it done before school, but they've actually put a rush on it and got it done within the first week, so I'd just like to say thank you to them. And then I also wanted to remind anybody watching, anybody out in the audience, I guess you can kind of pick your passion tonight. I'm having coffee with Congressman Andy Barr tonight at BCTC from 6 o'clock to 7 o'clock. There's also an aquatics, I think a town hall meeting tonight at the downtown branch of the library. And then there's also a legacy trail meeting tonight at the Lyric at 7 p.m. So I'd encourage anyone or everyone to come out and be at those meetings. Thank you. Thank you. I see no one else signed up for council comments. That would take us down to the mayor's report. Is there a motion to approve? I have a motion to approve and a second. Any discussion? Seeing none, all those in favor, please say aye. Aye. Any opposed? That motion carries. and now to public comment for issues not on the agenda. There is no public comment, and I need to recognize Council Member Farmer. Thank you, Vice Mayor. I move that we go into a closed session pursuant to KRS 61.8101C for the purpose of discussions regarding pending and potential litigation. So moved. Motion. Do I have a second? I have a motion and a second. All those in favor, please say aye. All opposed? That motion carries. ¶¶ Thank you. ¶¶ I'll entertain a motion to come back into open session. So moved. Second. I have a motion and second. Any discussion? All those in favor, please say aye. Aye. Any opposed? No. That motion carries. And now, Council Member Stinnett. Thank you, Vice Mayor. I move the place to the docket for the August 27th council meeting a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to attain one temporary construction easement and one permanent drainage easement across the property located at 1250 Deerhaven Lane for the Polo Club Boulevard Public Improvement Project. I have a motion. Do I have a second? I have a motion and a second. Any discussion on the motion? Seeing none, all those in favor, please say aye. Aye. any opposed that motion carries thank you vice mayor motion to adjourn without objection we stand Thank you. Thank you. Times are hard You're afraid to pay the fee So you find yourself somebody Who can do the job of breathe When you need a bit of love Cause your man is out of town That's the time you get me running And you know I'll be around I'm a fool to do your dirty work, oh yeah I don't want to do your dirty work no more I'm a fool to do your dirty work, oh yeah Light the candle, put the lock upon the door You have sent a maid home early Like a thousand times before Light the castle in his corner In a medieval game I foresee terrible trouble And I stay here just