session on Tuesday and the regular council meeting on Thursday. All these meetings are live and you can catch our other programming right here on channel 185 or on our live stream and find any televised meeting archived at lexingtonky.gov slash lextv or find our other programming on YouTube channel LexTV. That's all for this edition of Lexington Now. Keep up with us all week long on Twitter, Facebook, and YouTube and check out the latest traffic updates on Twitter at our handle at Lex Rex or get a bird's eye view on our traffic cams on the city's website Lexingtonky.gov Thank you. Thank you. Thank you. ¶¶ ¶¶ ¶¶ ¶¶ Thank you. Good afternoon, everybody. Welcome. Welcome. We've got a full house tonight, so welcome to everyone who's here. Let me talk a little bit about the procedure, what we'll do tonight. since there's so many since a number of you are here to speak to ordinance number one which has to do with Palomar we will do public comment earlier in the session tonight that will give you all the opportunity to speak earlier you don't have to wait till the very end where public comment is usually provided and so we will begin with a roll call tonight and then we have the invocation and then we have three presentations one of those is for our teachers so we will get those done and then we will have public comment all right and that will give everyone who signed on who wishes to speak give you a chance to speak then we will go into our routine docket which includes the reading of the ordinances and the resolutions all right so I'll begin with asking the clerk to please Please call the roll, Madam Clerk. Yes sir, Mr. Gibbs. Here. Ms. Henson. Vice Mayor Kaye. Here. Ms. Lamb. Here. Mr. Maloney. Yes ma'am. Ms. Massadi. Ms. Plowman. Here. Mr. Smith. Yes. Mr. Stinnett. Yes ma'am. Mr. Worley. Ms. Bledsoe. Yes ma'am. Mr. Fred Brown. Here. Mr. James Brown. Ms. Evans? Here. And Mr. Farmer? Mr. Farmer. Thank you, sir. All right. Thank you, Madam Clerk. Councilmember Evans has invited, as her special guest tonight, Pastor Bob Justice of Highlands Baptist Church. Pastor, thank you for joining us. And Pastor Justice will offer our invocation. Yes, sir. I just noticed one thing is missing. The offering plates. A little humor. Somebody said very little. Father, we're grateful for this day, a special day in our nation as we're called to a national day of prayer. To pray for the leaders and those who have authority in our nation and our community. And, Lord, we want to pray for the council tonight and pray that your will be done in everything that's done here tonight. Lord, we thank you for this beautiful country that you've allowed us to live in. What a beautiful design you have. And, Lord, we're just so thankful that we live in some of the most beautiful part of that design here in Lexington, Kentucky. We pray that we might keep it that way. but most of all we thank you for our lord and savior jesus christ in his name we pray amen pastor thank you so much yes sir yes sir thank you we have uh well first we have a walk-on presentation tonight and i'll procedurally i'll ask councilmember gibbs for a motion to walk on this presentation councilmember gibbs yeah it's is it yeah it's working motion for a presentation thanks chris walk on a motion for a presentation for teacher appreciation day so moved motion by councilman gibbs and second by councilman plowman is there any discussion Is there any objection to the motion? All right. Without objection, then the motion passes, and I'll move over to the podium. We've got three presentations. One is Teacher Appreciation Day, and the second is the Read Y'all presentation, and the third is recognizing the Lexington Legends. all right let me invite superintendent manny caulk and school board chair melissa bacon to join me at the podium is melissa here yep i i saw the superintendent but i hadn't seen the chair yet hello melissa and other board members anybody else here doug's here come on up doug yes sir Doug Barnett is here with us as well, board member. And I want to invite these teachers, if they're here, Lindsay Deppenbrock, Brooke Powers, Tiffany Marsh, Susan McLaughlin, and Fayette County Education Association President Jessica Heiler to also join us up here. We're all going to have to take a picture here in a minute, so y'all come on up. All right, next week, next week is National Teacher Appreciation Week across the country, but we're doing it a little early here in Lexington. Fayette County found out today that our two outstanding high school teachers, two of our outstanding high school teachers are in contention for State Teacher of the Year honors, and let's give all our teachers first a round of applause. Now, I want to read the proclamation. It reads this way, Teacher Appreciation Day, whereas the 2,886 full-time teachers in the Fayette County Public School System are a dynamic force in the learning process and consistently exhibit their commitment to their students through their willingness to give of their time, energy, talents, and resources. And whereas Lindsay Deppenbrock of Wellington Elementary School, Brooke Powers of Beaumont Middle School, Tiffany Marsh of Paul Lawrence Dunbar High School, and Susan McLaughlin of Lafayette High School were selected as outstanding educators for the 2019 Valvoline Teacher Achievement Awards. And whereas quality instruction is critical to every student's education and achievement in and out of the classroom and whereas we hold all of our teachers in the highest regard and value the contribution they make to our city. Now, therefore, I, Jim Gray, as mayor of Lexington, do hereby declare May 3rd, 2018, as Teacher Appreciation Day in Lexington. And I want to invite Superintendent Manny Calk to say either a few words or a lot of words, whichever his choice. Good evening. I just want to say on behalf of Fayette County Public Schools, I want to thank you, Mr. Mayor. Thank you, council members, for this recognition on behalf of all of our great teachers. and also thank you for your support throughout this legislative session. That support did not go unrecognized and will not be forgotten. Thank you. All right. Now we need to get pictures, everybody. Come right up here in front of the podium, in front of the horseshoe, rather, in front of the councilman's. Thank you. Thank you. Thank you. You bet. Thanks, Melissa. All right. Our next, I would now like to invite Anne Hammond, Colleen Hall, Natalie Davis, and Anne Dunworth with the Lexington Public Library to join me at the podium. Okay. Summers, of course, are always exciting at the Lexington Public Library, and this summer is no different. As a matter of fact, for those of us who love our state, this may be one of the most exciting summer reading programs yet with focused programming on local and Kentucky themes. We'll hear about more of that in just a minute. But for right now, I want to take a moment to make a proclamation that we hope will encourage our city's families to get to a local public library and read. So let me read the proclamation that says, whereas the Lexington Public Library serves all 315,000 Fayette County residents with educational resources, high-quality programs, and classes for all ages, and equal access to information. and whereas Lexington Public Library promotes learning throughout the summer months and whereas Camp Digital will teach coding and technical skills to teens and whereas Saturdays in the Park and Phoenix Forward activities will bring families to the downtown area and whereas Lexingtonians of all ages are invited to read, play, and explore in order to earn prizes and whereas the Lexington Public Library is a valuable resource for education in our community. Now, therefore, I, Jim Gray, as mayor of Lexington, do hereby declare June and July of 2018 as summer reading months in Lexington. And to use their language, read y'all. All right? Ann, I know your team will be sharing about the program during today's council meeting, but you may want to have a few brief thoughts now. I do. All right. Thank you, Mayor Gray, and thank you to the council for this recognition. And how wonderful is it that we're here at the same time as the schools. We love our schools. We love our teachers. We love working together with them to support our learning expedition for our children. But we know that learning doesn't only happen in the schools. It has to happen all the time, year-round. So that's what we're here for, and we appreciate your support in that regard. Now I would like to let the people who really know what they're talking about tell you a little bit more about it. Hello, I'm Natalie Davis, and I'm the programming manager from the library. We have a class or an event for everyone this summer, whether it's – yeah, that's necessary. Everything from a bluegrass program for kids where they get to play on child-scale bluegrass instruments to a belly dancing course for adults, which you're all invited to. We have something for everything. We also have a couple different partnerships we're really proud of. LexTrain is allowing students to use their student success card to ride the bus for free this summer so they can use their Fayette County Public Schools student success library card to ride the bus free, so we're really excited about that. We are also excited that Parks and Rec has paired with us once again to present the Phoenix Forward program. So on Tuesdays and Thursdays, we'll have movies and food trucks. And on Saturdays, we'll have family-friendly activities in Phoenix Park. So everyone is also invited to those. Let me turn it over to Ann Domer. I'm going to bring it back up. So Colleen is passing out some information. But what you will find in your program guides, there are over 100 individual programs that are happening throughout our library system during June and July. When we talk about the summer reading program, we're talking about incentives and prizes, but we're also talking about so many different programs that we can't list them all here. I hope you all will take advantage of all of them and learn more about all of the things that are being put together for our community. All of this huge scope of programs wouldn't be possible without, we've had so many different groups that have worked with us through our friends group and our foundation to help do these. So I want to mention a couple of them. PNC is our presenting sponsor this year, but we've also received support from Visit Lex, Bluegrass Community Foundation, the Downtown Lexington Partnership, and the web companies. So all of this is here because of their support as well as the library staff's really hard work to make sure that we have these great programs for our community to enjoy. So we hope that you as our council members can read, play, and explore this summer and help us spread the word about all of these programs and games and prizes. And read, y'all. Thank you. So you all got our nice bag of goodies, and I have one more thing here. We have these wonderful posters made by Cricket Press. I'm giving the first one to Mayor Gray. Thank you so much. But you'll all have a chance to win one, so stay tuned and keep looking at our website. And thank you again. Nice, Anne. All right, we're going to take another picture. Yes. Thank you. Thank you. okay our final presentation tonight is to andy shea and the lexington legends so i want to ask andy Andy is here. Come on up Andy to join me at the podium. Many of you all know this past winter our own Lexington Legends was recognized and honored by minor league baseball as a recipient of the fifth annual John Henry Moss Community Service Award. The award was created in 2013 and is presented to a minor league club for its ongoing commitment to charitable service and their support and and leadership within the community and the baseball industry. Andy and the Legends have been an important part of our community and have given through a variety of programs and promotions to reach countless organizations and community-based programs. So today, we want to honor the team with this Spirit of Lexington Award, which reads, The Spirit of Lexington Award to Andy Shea and the Lexington Legends in recognition of their winning Minor League Baseball's John Henry Moss Community Service Award and their continued work and contributions to the City of Lexington. I, Jim Graves, Mayor of Lexington, do hereby recognize Andy Shea and the Lexington Legends with the Spirit of Lexington Award. May 2018. Mayor Gray, City Council, thank you very much, and thank you to our community. That's what this award is all about. This is the fifth year that this award has been in existence in minor league baseball, and out of 160 teams, we won it. So it was quite the honor to be recognized with our minor league baseball community, but frankly, it's even more fun, more impressive, and more thankful to be recognized by our community where we live and play. This last year we donated between cash and in-kind. We were a little over a million dollars. And this year, we really looked at that and said, okay, that's great, now what can we do more? So between our Little League program, between the lead gift for Midway Baseball, this year it'll be closer to a million five dollars. So we're very proud of that, we're very proud of our community, and we're very thankful for the community that we play in. So thank you all very much. Thank you. um It doesn't look like it. All right, okay. Earlier I announced that we would do our public comments at this time, so I have a number of you all who have signed on for public comment. I will start. We'll just go down through these, and let me mention the council rules. I will call your name, and if you'll please come to the podium and then offer for the record your name and your address, and then you will have three minutes for your comments. If someone wishes to go longer than three minutes, then you will need a friend to offer their time, to cede their time, to yield their time to you in order to go for more than three minutes. Now, has anyone, let me, so I get a sense of who might be wanting to yield their time to someone else. Is anyone wanting to yield time? Okay. All right. Okay. Several of you wish to yield time. Don, do you know about, are you taking some of that time? No? Okay. All right. When you come up to the microphone, then, if you'll announce whose time is the name of the person who is yielding time to you, then that will be helpful to me. That way I can make a note of it in my notes. All right? Now, I know that there are points of view, different points of view that we'll be hearing from tonight. Another part of our procedure is that we don't clap and do stuff like that or whistle and things like that in these public comments, so I'll just discourage that if I can. I'll discourage you all from that. I have the unpopular role of being the timekeeper and the editor of those behaviors. So you all please help me with this. Thank you very much. All right, let me begin with the first person that I've signed on is Donald, is Don Ellington. Now, Don, do you wish to speak or are you yielding your time? You do wish to speak. All right, okay. And I believe you said. My name is Don Ellington. I live in a townhome in Palomar. It's kind of unusual. I run into all three things tonight. First of all, I was a former teacher in Jefferson County and had the honor to teach at the high school I attended, which was DuPont Manual. Also, I think that the minister tonight, part of his sermon I wanted to take is that he mentioned what a beautiful city that we live in. I don't think I would want to live any place else ever. But 18 years ago, my wife and I, when I retired, we were looking for a place that would be quiet and beautiful and easy to live in. And we were lucky enough to run into a home for sale in Palomar where we live now. And this doesn't have anything to do, but I remember very much that my realtor, who was a friend of ours told us one thing you don't have to worry about is it'll always be quiet the church owns this property up here and I'm sure they'll never be anything built on it well what have I got now that's all I've got to say all right thank you mr. Ellington Joanne do you wish to speak Joanne Ellington. Yes, ma'am. I'll need somebody to give me two minutes. I hope I'll bear time. Thank you. My name is Joanne Ellington. Can you hear me? Yes. My voice carries. I don't need a megaphone usually. My name is Joanne Ellington and I live at 2240 Stone Garden Lane in the townhomes. Please allow me to open with compassion as to how time changes. Over the years, we have learned to go with the flow, but only if it's a good thing. If it is not, we must stand up and speak out for what we believe in. I have watched changes to this very beautiful building we're in tonight. It used to be known as the Lafayette hotel as most of you know. 60 years ago, please don't count back, I had an office in this building. I managed the Eastern Airlines ticket office from 1956 to 1958. Most of you are too young to remember. I almost gave birth to my first son in this building, working in the lobby office. Ironically, that son grew up to work for the James Gray Company at one time. Small world, big changes. I stand here before you tonight to express my thoughts, and many of those in my Palomar townhome neighborhood, against the proposal of the development called the Fountains at Palomar. I do not think this project is in the best interest of our neighborhood or the city of Lexington. This city nor our neighborhood needs a concrete wall-to-wall strip mall or a five-story 100-room hotel or an abundance of overbuilt apartment complexes plus stores and restaurants that open and close because they cannot make it. There are already too many restaurants and stores going under. All you need to prove that is the Herald-Lito article of May 1, 2018, that clearly explained the closure of many Lexington grocery markets, such as Lucky's Market with Whole Foods products, Fresh Market, Aldi, Trader Joe's, Costco, Walmart, Meijer, are all in flux. Fresh Thyme closed in less than a year. To quote this article, does this drive a point to be considered that this is not a project I think is well planned? I would like the builders, the Webb Company and the Greer Company, to prove that they have researched the need for more hotel rooms in this city, especially when they finally finish their City Point slash City Center project, which is taking seven years to finish. I have asked Mr. Greer at the meeting on April the 17th of the Palomar Association if this project, the Fountain of Palomar, would be seven years in start to finish. He assured me it would not, so I asked him to put it in writing. He advised me he would get it to me the next day and after our meeting. To date, May the 3rd, I have not heard that reply. Our concerns are the hotel with transient clients and safety features to our residents that live in close proximity to the hotel. The noise, the horrendous traffic problem, the garbage dumpster smells and rodents that will ensue. The same goes for the restaurants and grocery stores. I realize money talks, but I see this project as a disaster going nowhere. Concrete malls all over Lexington will take the beauty away from our open green space and beautiful city, a place where tourists love to visit and rave about. I know firsthand I have worked with the airlines, Piedmont National and Eastern Airlines, and travel agencies for 42 years. I was the oldest travel agent with experience in this city, but not age, but that's debatable. Eddie Rickenbacker was my boss and president of Eastern Airlines. In closing with two more points, also it will not improve our property value, and I dare anyone to prove that it would. Also, St. Joseph's Hospital is now building an outpatient clinic in less than a fourth a mile from the proposed building site of the Webb and Greens project. More traffic, Lord, help the people that might have to be transferred from that clinic to the main hospital in emergency. Harrodsburg Road is already a backed up disaster. to close I cannot believe that we cannot come up with a better idea for the property and others in this city to come thank you for your time thank you Joanne now let me ask this if I call your name and you have already yielded your time if you'll just acknowledge to me that you've already yielded your time that'd be great thank you all right next is Greg Davis and then Carla Davis I'm Greg Davis I and the next two names on your list, Carla Davis and Jim Davis, Heal. All right. Thank you so much, Greg. And so, and James has as well. Right. Thanks, Greg. Thank you. Rosamund? Rosamund Cornelius? All right. Patrick Lyons? Rosamund? Wait, wait just a second. Yeah, I'm sorry. Rosamund? Didn't quite hear. Yes, ma'am. i would like to do it in my name okay all right thank you so much uh patrick did you say all right okay viola clements viola good evening mayor and council members my name is viola clements i live at 2200 terrace woods court i moved to palomar in november 1990. so therefore i've seen palomar grow to 661 homes there are 31 streets and we've been walking up and down those streets talking to people trying to find somebody that knew about this development and they didn't know about it they've never heard They were not surveyed. It makes me think that in 1990 when the homemakers at Palomar, we decided we needed a traffic light at Lyons Drive and Man O' War. We collected signatures and I took them down to Mayor Scotty Basler, turned the signatures in and no time we had a traffic light. In fact, my husband called it my traffic light, whatever. But when I talk to the people, we tell them we want to get a public hearing. They say, well, why can't you get a public hearing? So I'm here asking for a public hearing. Hopefully that you will give us the chance. Thank you. Thank you, Viola. David, David Vitito? You're yielding your time? Okay, David. Y'all, if I have trouble with pronunciation, forgive me. I'm reading, and sometimes it's a little illegible. Not that anybody's handwriting is a problem. Ann Zimmer. Ann, you've already yielded your time. That's right. Yes, thank you. Mike Wright? All right, Mike. Ron Trichler? All right. Lee? Lee Greer? Lee Greer? Lee Greer? All right. Brian Little. All right. Charles Brown. Okay. Don Todd and Bruce Simpson are both on here. Do you all want to wait to speak, or do you want to speak now, Don? I've still got Chuck Curd, and I've still got a number of others that want to speak. You want to start now? All right, go ahead. You want to give me an idea of how much time you need? I think you've had several yields. It'll be five minutes. Ten, five, ten. Okay. Mr. Mayor, my name is Don Todd. I live at 5119 Keene Road. I'm in the historic South Elkhorn Neighborhood Association, which abuts and is directly behind Palomar Neighborhood Association. And I'm here representing the Palomar neighbors and the people in Firebrook, the people in historic South Elkhorn, Clements Heights, and several others who are in opposition, but who are here tonight specifically to ask this council to do one of three things, either to vote by suspension of the rules to give us an opportunity to be heard at a formal public hearing, to present all of our issues, one, or number two, to move to continue this particular hearing so that we can have all of the members of the council here to consider it. As you know, if you move to suspend the rules, you have to have ten votes. It has to be made by someone who initially was on the prevailing side. And so that's a significant challenge given the number of folks that are here and the number of missing. So I'm offering to you an alternative to continue this second reading until we get enough people here to consider that issue on its merits. I want to ask you to recognize that the problem is the B3 zoning. That's a significant issue in this particular case. We are not saying that this property should not be developed in a mixed use or even have commercial element. we are saying the proposal with a b3 zone is not compatible with that area it's not in conformity with a comprehensive plan and that's that's the issue and as you know most of you know the reason why the b3 zone change request is being sought is because there is a five-story hotel five-story hotels adjacent to single-family residences many of whom are here tonight who want to express their opposition that's a little too much that's over the top it's a little tough on these people that's not fair and so what we're saying we've been trying to communicate is hey guys look no one says this property is going to be developed residential it's too valuable okay no one says it should be a wall-to-wall shopping center i heard that the web's representative spoke at the summit not long ago and said the current construction and formulation and profile of shopping centers is passe now we need to have mixed use we need to have an event we need to have people moving through that's exactly what we're asking for here that's exactly what your staff said needs to occur so rather than rush forward and vote and and deny these people an opportunity certainly they're entitled to have that heard another issue came up that i really hadn't anticipated bringing up today but I thought it might be food for thought I want to show you a deed to this property there are two tracks on this property I think one's is ten or twelve and the other one's six. It's going to be hard to read it sideways there. Okay. And this this is the deed for the six acre track. Okay. And that's that's the description in the middle. That's the legal description. I don't know whether you can see that or not. You can't see it. Can we blow that up a little bit? Down there in the bottom of the first paragraph it says 6.28 acres. All right. Second page. okay draw it down a little bit there can you and where i have the parents parentheses there it says and this is the deed commands in the grand clause provided however the parties of the first part and that was the grand tours in this case that was people sold the property to the church okay the church now is trying to sell it to developers specifically restrict the use of the land hereby conveyed by the party of the second part its successors and assigns to the construction of of a church building or buildings, and this restriction shall be included in any subsequent deed of conveyance by the party of the second party. That's a pretty important issue. And when the gentleman got up here and spoke a moment ago and said, when I wanted to buy my townhouse there and townhouse in Palomar, they told me that, you know, you're going to be okay because this is always going to be used by the church. That's a significant issue. Now, we haven't had a chance to explore that. I've talked with the grantors, they're not sure what they're going to do at this point. But that's a significant issue and detrimentally relied upon by people who may live in the neighborhood or who bought their house if, in fact, they were told that. So that's another issue why we should have a public hearing. Air this out. You've got to give these people a chance to be heard. And that's so significant in this form of government, particularly with the issues we have now with the teachers here today. That doesn't fall on deaf ears. they want to be heard. Just like Ms. Lamb's district the other day on Tate's Creek where there was a vote of I guess the Planning Commission voted 9-0 but you all voted to give them a public hearing even though it was a residential issue. This is this is significantly more important in terms of breadth and in terms of how it impacts property values in the neighborhoods. You know we're gonna have Realtors testify that the impact of this property on the joining lands will have a significant depreciation in the fair market value of their property prior to and subsequent to the development. And that these again are issues that you should hear. The other point that I want to make kind of quickly and Mary, you let me know if I got a minute. Okay, you got a minute. Okay. The summit, the summit property is, as you know, is 500,000 square feet. If you take Palomar center and you add it to this particular track of land, 500,000 square feet, the same size as the summit. That was never intended. When I was on council back in the 80s, the Palomar Shopping Center came up as an issue and we fought like dogs and cats to make sure that thing was done right and it was initially intended to be where Dunbar High School is now and we reached an agreement with the webs. We said okay guys we'll let you bring this subdivision or this this shopping center to the corner of Harrodsburg and Man of War but we want certain conditions and they met those conditions. They put the Keeneland logo or not logo, Keeneland motif with the fieldstone and the green. They agreed to the fountain. My wife actually drew the fountain. She's the artist. She laid everything out in part. And they built it just like we asked them to. But the deal was the Harrisburg Road was going to remain a residential corridor. We were not going to have strip out development. And that was the deal. Okay? And here we are 30 years later. We won't change it. Now, admittedly, the Harrisburg Road ordinance, which we got passed, limited that. That paragraph or that ordinance has been removed. Okay? All those issues are historical background for you to make an informed decision, which you have not had the opportunity to hear and consider now. So I ask you to give these people their day in court. Give them an opportunity to be heard. And those that are here in opposition to it, if you would, just raise your hands. Pretty good crowd. On a Thursday night, the night before Christmas Eve, Oak State, have a nice weekend. All right. Thank you, Don. I'm going to call out some other names, and if you all wish to speak, then just come right up to the podium. Chuck Curd. And Bruce, I'll come back to you. Hi, my name is Chuck Curd. I live at 3328 Pasteron Court. Thank you for allowing us the opportunity to speak. If Mr. May took some of my time, then just let me know. But I don't know that I can shed any light that hasn't been shed just right here. It's been some very bright light, I think. I think the point should be taken. We've got Beaumont. We've got six hotels there. We've got five restaurants and one vacant. We've got a Kroger. That's less than a mile from this development. We have Bella Reeve, another Kroger, less than a mile in the opposite direction. Correct me if I'm wrong, Taylor-May development, has that gotten started at Palomar's other entrance? It looks like it has. 21 acres, lots of townhouses there, barely less than 21 acres. 20-something, 20-and-something acres. And there's going to be commercial development there. And I agree with Mr. Todd, and I was glad to hear that quote, because I've been in Lexington quite a long time. And my understanding always was that Herdsburg Road would be a residential corridor. That's not at all what's being proposed here. We've also got the Little Bitty Shopping Center area. There's three restaurants right there where Ramsey's is. We've got some development there. We've got a drugstore right across the street from this development. We've got Walmart right across the street from this development. I don't know if, for example, the Webbs were going to build a hospital. They would have to first obtain a certificate of need that proves that this is needed. And I would think any developer, if they really care about this community or the community they're developing in, then I would think they would try to build something that's needed. I don't see how anybody can argue that it is needed, but I would like to hear their argument if they have it. From the beginning, somebody mentioned, you know, I still didn't know about this. I would hope the council going forward, anytime you have this sort of development in your district, you would contact each of your neighborhoods that's a fair nice thing to do seriously um i was told also from a reliable source that the the townhouses were offered a thousand dollars each to build closer to their property only they can speak for that i don't know for sure but i know it's a reliable source i have and i could i could present that person to you if i needed to This seems to have been divisive from the beginning. We just it hasn't been well known. It has not gotten to be aired out and I Cannot see a need for this development. Thank you very much. Thank you Chuck Colleen Hall Okay, John Nagel is Jack here Okay, thanks Jack Mary Jo billeter Thank you for being able to have us speak. My name is Mary Jo Bilter. I live at 2249 Stone Garden Lane. I've been there since 1988. And through the years, I've known a lot of people that lived in the Glades. And typically it was a lot of older people, you know, maybe that had caregivers that would come and help them. and a lot of kind of frail elderly people. Now it's still that group. There's also young families now coming in with small children and all ages. But I think the idea of having the hotel right on top of those homes in the neighborhood is going to certainly decrease the safety of that. And with the hotel, you know, there's 24-7 business. There's a variety of people coming through, some not so desirable. And it really poses a grave concern for safety. And I would really kind of plead with all of you to see if we can have a public hearing. I might say one other thing. Someone that was coming to talk about the traffic that lived in one of the other neighborhoods in Firebrook and then also in Dogwood Trace that we've talked to, They just said that to address the traffic impact, the city planners said that this development would add 13,000 cars, motor vehicles per day. And that's on top of already 35 cars and trucks. And how this affects the response time of the ambulance, the first responders, the fire trucks, the police cars, and emergency vehicles that have to navigate this interchange. We see that some with that double diamond crossover if they're right down in the middle of that double diamond It's impossible to get around the cars. They Sometimes they have to ask you to go on and run the red light so the ambulance can get out and get to the hospital And this route is also traveled by emergency vehicles from the outlying counties including Jessamine and Woodford Mercer and Bull so it's Like to put that in consideration too. Thank you very much Thank you, Mary Jo. Lori Nagel and then Vicki Stevens. All right, Lori. How about Vicki? All right. And William Lester? Thank you. My name is Billy Lester. i live in palomar 2205 sweetberry court i just i'm in favor of the development as proposed by the developers one because speaking of need somewhere we moved in palomar i grew up grew up on the south side of lexington my whole life the ability to walk to restaurants the the need to have a restaurant that's that has walkability you know i heard the planning commission talking about the walkability of a neighborhood this improves the walkability of our neighborhood it improves the need of the residents that are in we're one of the families that they speak about that have young children along with you know 20 to 30 other families in the neighborhood that we became good friends with over the past year of living there the ability to the dream of being able to walk to the neighborhood and have a community center that we could actually call a community center that we don't have to cross a busy road with our family is a huge you know it's very special to us so you know short and sweet you know I support the proposed development by the developers thanks all right thank you William Brad Kirk of Kirk off sorry Brad My name is Brad Kirkhoff. I live at 4009 Pepper Tree Drive. I'm a member of the Palomar Board. Early on, this I believe is my seventh meeting I've been to on this. We had, I think, four within the neighborhood, all open meetings for our neighborhood. What we ultimately decided after input from neighbors, after developers presenting the plan, the reason the board wrote a letter of support for this project, we were concerned about no through traffic through the glades. We understood and we know that the city planners wanted through traffic through glade lane that's 18 foot wide. That was a big concern. I used to live in the glades. That was my first house and you can't have through traffic through there. So we had a commitment from the developer that they would not push for that. The developers pushed for lower density. The city planners wanted 80,000 square foot of higher density. We had a commitment that they were going to push for that. that. We wanted this to minimally affect our morning commute. There's an interesting traffic pattern when you come through Palomar in the mornings seven o'clock in the morning. It's kind of a it doesn't work very well. And if you add apartments or anything else to that area, it's going to be really difficult. The retail aspect is a lighter traffic pattern. It's not going to affect this as much. We had multiple neighborhood meetings. I think four internally. Um, we took votes at two of them. People were in support. The last meeting that we had involved a townhome community. There was a flyer that was put out that had some information that was misleading. I believe they said there would be 55,000 square foot of a grocery store going in that was false. There were 79 people in attendance at this meeting. After about two and a half hours, we took a vote to our count. Nine were against it. The remaining 70 were for it. So we've had multiple votes on it. Any closing, you know, the neighborhood is for it for those main reasons. Mr. Todd, you said you fought Palomar development many years ago. I'm sure you said it wouldn't be successful. It wouldn't be wanted. I think you were wrong. It's been a great success. Our neighborhood, everything around it grew well because of it. Thirty years later, it's still a success. It's still full today. That's another reason we supported this. We wanted a developer that was local, a developer that lives in our neighborhood, and a developer that's going to stand with it. Thank you. All right. Next is Matt Malone. All right. Okay. and Cindy Cindy Bacon am I pronounced Cindy Boson yes sorry Cindy and then Amy Clark after Cindy hi my name is Cindy Boson I live in the townhomes at Palomar and I just wanted to speak to there'll be a presentation just speak to the fact that again there were so many of us who had no idea about this project and we keep hearing about there were four meetings four meetings four meetings with these developers back from january 2017 to january of this year the we searched the minutes and there were no mention of this project the other development project was mentioned never this project in january palomar board met to discuss proposing this development and then the developers met with the glades that same the residents from the glades that same meeting again Then they might have, they say they sent out 200 letters. Just in Palomar alone there's 661 homes. That doesn't encompass any of the other developments surrounding it. Then in February the board meeting was canceled. In March was the first meeting that the Palomar residents were invited to, the townhome people knew about. I might have my information wrong, but I don't know anything about a 70 to 9 vote anywhere. It was only ever voted on by the Palomar board. We were never asked. Most of Palomar was never asked, never surveyed, nothing. So we're just asking for a public hearing because we're still unearthing facts about this. We're sifting through lies, lies from these people, lies from those people, lies from the people that are supposed to be representing us. We just want a public hearing so we can all sift this out and get what's right for everyone. Thank you. All right. Thank you, Cindy. And Amy Clark. Amy. Amy Clark, 628 Castle Road. And I thank you for hearing me again, and I will try not to say anything you've heard from me already. I would second Mr. Todd's suggestion that it is possible for this council tonight, when it's missing a few people, I believe it's possible and our parliamentarian would know, simply to postpone to a definite future date second reading and vote on this zone change ordinance. and that would enable people to be there and have time to make an arrangement for a hearing. My basic feeling is if it takes really hours of public comment to decide whether to have a hearing or not, you need to have a hearing. It just seems kind of simple. All this public comment is not part of the record for any decision about a zone change. It's just talk. It's people begging you to give a proper hearing that is part of your decision, the evidence that you review. We heard a lot of reasons the other day not to docket this for a public hearing, and I think one of the best ones is to heed the advice, to respect the advice and wish of the district member. Another reason was to reward developers for working or trying to work early and often with neighborhood people. But I think the most telling, the most interesting, critical reason offered was that we all know, if we have been at this for a while, that it takes eight votes on council to reverse or even alter the recommendation that comes from the Planning Commission. So I think more than one member said, and one member said very eloquently, if they thought there was a chance, even a slender chance, of taking effective action, that is to say getting a vote to alter or reverse the Planning Commission decision, they would recommend a hearing. They would vote to have a hearing. But absent that, it looks like a long, difficult, toilsome session. I think we are so close to Derby Day here. Derby Day is Saturday. We understand the difference between wagering on horses, where your only judgment is win or lose. You want to pick the winning horse. But council deliberations are different. This kind of a democracy, you want to pick the right choice. You want to put your vote by the right choice, not put your money on the horse that comes in first. So I urge you to consider that really thinking that you can't win is not a reason not to play the game. You play the game because you are our representatives. And I want to conclude by saying it rests entirely with council to make a zone change. You can make it by heeding the planning commission and taking no further action, not having a vote to overturn it. Or you can make it by having a hearing de novo. You can even review the planning commission record but make a different decision about it. but only council has the power to change the law of the land, to award property rights to a location by changing its zone. The Planning Commission makes a recommendation to you. I think what you've seen lately in the last year or two is an increasing number of situations where Planning Commission has handed you a difficult case, and it's been difficult to make a decision. It's been especially difficult to make a good decision. Things are confused and partial. Someone yielded a little time. Yeah, Amy, it looks like someone's willing to yield some time. Are you close? I beg your pardon? Go ahead. Okay. And I want to encourage you as elected representatives, as those who make the law of this little land, this city, not to shun the difficult issues, because that's where we have the most to learn and make right as a community. Please give your citizens a hearing. Please give them a hearing. make this community better and welcome them back a second time. Thank you. All right. Thank you. Okay, I think that's all. No, Mr. Simpson, right? Bruce Simpson. Thank you, Mayor, members of the council. I'm Bruce Simpson. I'm here tonight on behalf of the applicants for this particular zone change, as you know, the Webb families and the Greer families. This is the third time that I've had the privilege of appearing before you with respect to this issue of having another public hearing. My guess is that after all I said and done tonight, there will be approximately 2.5 hours of public hearings held in connection with this particular matter, following what the Planning Commission did. I know as well as or better than most the concern that folks have about changing land use. I've been provided the opportunity to be on both sides of these cases for the past many years, representing neighborhoods, representing developers. One of the important elements that I learned in representing neighborhoods when I first started doing these cases was what I perceived to be a major failure on the part of the development community and failing to reach out to the neighbors in advance of getting a cold black and white letter informing them that the significant piece of property close to their home was proposed to undergo a radical change. The fear of the unknown, the fear of change, the comfort with the status quo is endemic to the human condition, or so I have found. So what I learned in going through many hearings where developers didn't reach out, it simply filed their application and took the position, it's my property and I have a right to do with it with what I will. and we came down here and Fred Brown knows because he was witness to many of those hearings back in the day. It went until 4.30 in the morning and we had knocked down and dragged out fights. My learning experience from all of that was if I was going to represent an applicant or a developer that it would benefit everybody to inform the people that you know are going to come down and react to your proposal to at least inform them up front before you file the application to respond to their questions, listen to their concerns, and hopefully at least narrow the issues of dispute in a goal to try to work out an accommodation if possible. Sometimes I've been successful in doing that, and sometimes I have not. In this particular case, with the Webbs and the Greers, I've been on the opposite sides of both of those families. several times and what they learned more than me because this is their business of developing properties was when they first retained myself and Bill here to assist with us at not asking is we want to meet with the neighbors let's get this aired out before we file it we want to know everything that's a concern so that we can try to compromise mitigate do what we can we don't want to come down here and and have people that are misinformed because we failed to reach out to them at the very beginning and so in this case of all the cases that I've practiced which I shared with you previously we have done this tenfold for meetings with the neighborhood many many meetings with the individual property owners I'm going to share part of my presentation with Don Hollis who's the president of the glades the glades is the neighborhood that is the closest to the property that's currently vacant, which is the church property, that's going to be the most impacted. And I'm going to let Don speak for himself and for those he represents in terms of the communication that he shared, how long he's lived in the Glades, and what their deliberations were as a neighborhood. I'm not privileged to those. I only know that when it came to the Planning Commission, we had the support of the Glades and of the full Palomar Board. Now obviously we don't have the support of everyone. The people in the townhomes have come down tonight indicating they're upset and I appreciate their concerns. I will say that we sent out notifications to more than 240 property owners on the four corners of Harrisburg Road and Manowar. Most of the notification went to Palomar because that's where the property is closest. We're required to send out at least 500 feet except in certain instances where the property is zoned AU and we have to go another about 2,000 feet and notify people so we had 241 people that were notified back in February of our application for this rezoning so in addition to the meetings I know that the Palomar board minutes Mr. Kirkhoff just brought me showed me a copy in January dated January the 15th the Palomar board minutes discussed our appearance in front of the board where we explained what we were going to do and how we were going to meet with the neighbors we have been thoroughly transparent. Bruce just one second there are several people that have yielded their time to you so you can continue I said they're already have yeah I'm just I'm just alerting the council members that you're not going overtime because several have allotted their time to you already thank you so continue appreciate that mayor we do think it's important that the community and particularly the folks that are still in opposition, appreciate that we did extend a maximum good faith effort to reach out to the community. And we still want to work with these folks. We do not intend to create objectors, enemies, if you will. We want them to be able to come when the shopping center is completed. It's going to be a super nice development. We still have other plans that we have to get reviewed by the Planning Commission, which they're going to be participants in in terms of their feedback and review. This is a long process of review. It's an open process, a transparent process all along the way. A couple of points that Mr. Todd made reference to with respect to the deed restriction. We've examined the deeds, obviously, in connection with these matters. we're perfectly satisfied that we're on solid ground there but deed restrictions are outside the jurisdiction of this body those are private matters they're not for the council to consider the other issue that mr. Todd brought up was the fact that there was some kind of commitment that that the webs made Dudley sitting on the front row made to the to the community to the council if you will, about no more commercial growth on Harrodsburg Road back in 1988 when Palomar Center was developed now. I was involved in that case. That was actually my first case. I was on the other side of the web companies in that matter. I represented the Harrodsview Neighborhood Association, and Mr. Todd was my council member in the 12th District. Did an excellent job. And much to his regret. He was my council member. I talked with him a great deal about it. He educated me about planning and zoning matters, and I've always respected what Don's had to say. But I do disagree with his conclusion, his opinion, if you will, with respect to any promises that were made in connection with no more commercial development on Harrisburg Road. I was involved in every meeting that took place in connection with development of that shopping center. It was initially proposed for 350,000 square feet. It ultimately got scaled back to about 220,000 square feet. We negotiated primarily with Woodford's dad, Don. That's who I talked to. use restrictions on Palomar Center, screening and buffering provisions. Don's exactly right. His wife designed the front of Palomar Center, and we submitted that, and they approved it. So that was the deal. But it wasn't anything more than that. It was Palomar Center. And as a result of those negotiations, and as a result of the Web's negotiating in good faith, we did not oppose that zone change. It got approved, and in fact, Don Todd voted in favor of it back in 1988 because those agreements had been worked out, which is the way you all, I think, would appreciate if every case could be done that way, it ought to be done that way. Now, sometimes it can't. We have to have a hearing, and that's as it should be. But we're here tonight because we have done everything we can to reach out to people that have contacted us. There are still some folks that aren't happy. I would ask those that are here from Palomar in support to stand up at this time and be recognized for your efforts in coming down here again. If you'd stand up, those in Palomar, thank you all. I've always had to shake my head that zone changes somehow get decided by the number of people that stand for or against. It's not legally relevant, but sometimes it's politically relevant. regardless of all that I do want you to hear from Don Hollis. Don is a 26 year resident of Palomar. His people, if you will, the people he represents are right on the so-called firing line of where our development is going to abut up next to. In addition to the four meetings that we had with all the neighbors we had over 20 meetings with the individual property owners in the one up done with the in the glades to listen to what they particularly wanted to do we've got 18 out of 21 that we have come to terms with we have three left to go a couple once in a nursing home one's out of state and and Vicki is still here and we're still reaching out to Vicki then and we hopefully we can get get her satisfied but it won't be because we haven't tried and will continue to try as the review of our development goes forward. Don if you would just introduce yourself to the council explain your position and leadership position in your neighborhood how long you've served in that capacity what you did as president of the Glades in terms of informing your neighbors about the development and about the meetings that we had the discussions that you had, any efforts you had of personally notifying people in writing about the meeting so that all the people closest to the development would be fully informed about it. Thank you. Thank you. My name is Don Hollis. I live at 2037 Glade Lane, and I've lived there for 26 years. This is my second term as president. The first time was right in the beginning, about 2004 or something like that. Now, I've been on it present for the last six years. At any rate, we made sure that everybody was notified in our area. I hand carried notices to each and every one of them, including the Cove, which is right above us. We talked to them, talked to quite a few. There were some people a little bit reluctant, but after we talked to them and explained what was going to be done and how it was being done and how I was welcomed into the web's offices and explain what they were doing and what they were going to look for, they were satisfied. I had one person that's dissatisfied that I know of out of the 70, I say 75 homes in the area. At any rate, they are pleased and as far as a realtor for 40 years, I think Those homes will gain a lot of popularity and a lot of people want to buy there because it's convenient to walk to the stores, to go to the restaurants, and it's quiet and easy. And they took away that one lane that could have caused a lot of trouble in our neighborhood. They've taken that out. and they were I have worked on five shopping centers and this is the most professional people I've ever worked with when you talk about going into a shopping center they took the people that that they wanted to make sure that they could try to do the best they could for them under the circumstances and they did it and I want to thank you for taking time to listen to mayor members council that concludes our presentation thank you okay all right thank you that's all who signed on then for public comment i'm going to ask uh vice mayor vice mayor k has the floor vice mayor thank you mayor i'd like to ask the commissioner vlada and if she would come forward you've provided some information to council previously but i'd appreciate it if you would basically run through first what our options are at this point okay as you all recall on last tuesday you all considered on this issue whether to have a public hearing decided not to have a public hearing, that was not readdressed on Thursday night. So under your all's rules, under Section 4.407 of your rules, in order to reconsider that not having the public hearing, you would have to suspend your rules, which requires 10 votes. If you did get a vote to suspend the rules, then you could go ahead and consider whether or not to have a public hearing. So first there would have to be a motion to suspend and they would have to be 10 votes in favor of suspending the rules and then they would have to be eight votes in favor then of actually having a hearing is that correct uh that's that's correct because i believe we have 13 here i believe uh it's yes i mean you'd have to have you'd actually have to have a majority it is a not a not a majority of those present but majority of those present would have to vote. Okay. In terms of our vote, should this stay on the docket, you also have said something about whether we can vote no without having had a hearing. And could you explain that again? Yes, I'll be happy to. In order for the council to vote no and go against the Planning Commission recommendation, you would have to develop alternative findings of fact. In order to do that, you would either have to have a public hearing where those alternative findings of fact are developed, or the council would have to review the record of the Planning Commission, determine alternative findings of fact, and adopt those at a public meeting. You could not just vote down the Planning Commission without doing one of those two things. So, again, in a typical zone change hearing, procedurally, the findings of fact come first. That's correct. And without those, you can't take a vote on the underlying question of whether to approve or not approve. It would be very difficult to not be accused of arbitrariness if the council did not have alternative reasons for going against the Planning Commission recommendation. Okay, I have one more question, if I can. the basis for a for ruling on a zone changes I understand there's three possibilities can you kind of run down essentially what's to be considered when a zone changes before either the Planning Commission or the council I may have to have some assistance from our planning attorney who's here to do that be good You're going to be looking at whether or not the zone, well, first off, whether or not it's in compliance with the comprehensive plan. You're going to be looking at whether or not the zone that is existing is appropriate or inappropriate. And you're going to be looking at if there's some compelling reason that it's not. And so, you know, those are the things you all consider. and that's the reason that you do findings and so when you all have a zone change in the normal course of things if you all are not going to adopt what the planning the decision the planning commission has made that's why you find make alternative findings that address those issues to base your decision on okay thank you and then i guess a comment The first thing I want to say to all of the people who are here is that regardless of what happens tonight, I hope you understand that the Council has been spending a lot of its time and energy trying to figure out what the appropriate thing to do is here. Whatever else is happening, this is not something that's being done without thought. And there's a lot of information, a lot of things to consider. Just from where I sit, I feel that I'm not in a position to make a motion to reconsider. For some of the reasons that I mentioned when we first had this hearing, and that is i don't think we have the votes and as much as it's going to make some people unhappy what i see is simply a lot more of these kinds of situations where everybody has to come out and spend a lot of time and energy without altering the outcome of whether this zone change is appropriate or not. Maybe I'll just leave it at that. Thank you, Mayor. All right. Thank you, Vice Mayor Cuddy. All right. This allows us to move on with our docket, and I'll ask the clerk to please give us a second reading of ordinances. or december one in order to change the zone from an agricultural urban au zone to a highway service business b3 zone for 12.23 net 15.52 gross acres and from a neighborhood business b1 zone to a highway service business b3 zone for 4.17 net 5.16 gross acres for property located at 3801 3901 and 3995 harrodsburg road the fountains of palomar llc council district 10. item two in ordinance of any certain budget selects in fader county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 38. Thank you sir. All right is there a motion to approve the second reading of ordinances? So moved. Second. Motion by council member Farmer, second by council member Plowman. Is there any discussion on the motion? All right hearing none then madam clerk please call the roll. Mr. Gibbs. Yes. Vice Mayor Kay. Yes. Ms. Lamb? No on one and yes on two. Mr. Maloney? Yes. Ms. Plowman? Yes. Mr. Smith? Yes. Mr. Sennett? Yes, ma'am. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. And Mr. Farmer? Yes, madam. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. Allows us to move on to ordinances for a first reading. Wait a minute. What did I miss? Oh, I didn't see that. Could I have a point of privilege for my colleagues? Yes. Council Member Bledsoe. Can I make a point of record for planning staff to make sure that before the planning meeting for the final development plan that we ensure second notification is sent to everyone inside the 500 foot radius so that they are well aware of the planning meeting. Yes, ma'am. Thank you very much. Thank you, Mayor. Thank you, Council Member Bledsoe. All right. Now we can move on to ordinances for a first reading. Ordinance number three, in ordinance admitting certain of the budget, selects and fade urban county government to reflect current requirements for the division of aging and disability services for funds in the amount of $945 from neighborhood development funds for a sign language interpreter for the senior intern program, schedule number 42. Item four, in ordinance admitting certain of the budget, selects and fade urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 40. Thank you. Are there any motions regarding the first reading? All right. We can move on to second reading then of resolutions. Resolution number one, a resolution accepting the bid of Brintag Mid-South Incorporated, establishing a price contract for phosphorus reduction in chemicals, sodium, illuminate for the division of water quality. Item two, a resolution accepting the bid of Herrick Company Incorporated in the amount of $1,389,000 for the West Hickton Wastewater Treatment Plant, Scum Removal Edition, and Ash Tank No. 3 Cover Project for the Division of Water Quality, and authorizing the Mayor of the County Government Tax Unit in agreement with Herrick Company, Inc. related to the bid. Item 3, a resolution accepting the bids of Alton, Blakely, Ford, Lincoln, Mazda, Honda, Fleet Pride, Incorporated, Napa Auto Parts, Truck Pro, LLC, O'Reilly Automotive Stores, Incorporated, DBA O'Reilly Auto Parts, General Parks Distribution, LLC, doing business as Advanced Auto Parts, and Bluegrass International, establishing price contracts for filters for the Division of Facilities and Fleet Management. Item 4, resolution to accept the bid of Allstate Tower Incorporated in the amount of $27,560 for installation of Meteorological Tower at Jacobson Park for the Division of Emergency Management 911. Item 5, resolution to accept the bid of Davis H. Elliott Construction Company Incorporated establishing a price contract for inductive loop vehicle detection and installation for the Division of Traffic Engineering. Item 6, resolution to accept the bids of Advanced Mulching Technologies Incorporated, DBA, EcoGro, Green Solutions Landcare, Kelly Nursery LLC, Closon Group LLC, Pax Nursery and Landscaping LLC, and Wilson Nurseries Incorporated, Staps and Price Contracts, for Horticultural Services for the Division of Environmental Services, Item 7. A resolution ratifying the probationary classified civil service appointments of Michael Thomas, Project Manager, Senior, Grade 519N, 27.227 Hourly in the Division of Streets and Roads, Effective April 16, 2018, Gary Robertson, Equipment Operator, Senior, Grade 512N, 18.755 Hourly in the Division of Streets and Roads, Effective May 7, 2018, Randall Wilson, Equipment Operator, Senior, Grade 512N, 17.081 Hourly, Division of Streets and Roads, effective May 7, 2018. Bethel Robinson, Telecommunicator Supervisor, Grade 520E, 1991.12, biweekly, in the Division of Emergency Management, 911. Effective May 14, 2018. Marissa Blackburn, Public Service Supervisor, Grade 514 and 17.551 hourly, in the Division of Facilities and Fleet Management. Effective April 30, 2018. Charles Williams, Administrative Specialist Principal, Grade 518E, $2,036 biweekly, in the Division of Facilities and Fleet Management. Effective April 30, 2018. Michael Vought, Fleet Operations Supervisor, Grade 519 and 26.308 hourly in Division of Facility and Fleet Management, effective April 30, 2018. Steve Coleman, storage clerk, Grade 508 and 14.65 hourly in Division of Facility and Fleet Management, effective May 14, 2018. Ratifying the permanent classified civil service appointments of Lisa Sheehy, Customer Service Specialist, Grade 510 and 60.124 hourly in Division of Government Communications, effective April 9, 2018. Andron Williams, Customer Service Specialist, Grade 510 and 50.691 hourly in Division of Government Communications, effective April 2, 2018. Victor Mundy, Public Service Worker, Senior, Grade 509N, 14.543, Hourly in the Division of Streets and Roads, effective April 30th, 2018. Alexander Carpenter, Telecommunicator, Senior, Grade 517N, 21.79 Hourly in the Division of Emergency Management, 911. Effective April 16th, 2018, Kenzie Gleason, Administrative Officer, Grade 523E, 2606.56 biweekly in the Division of Planning. Effective April 16th, 2018, and Eric Reid, Administrative Specialist, Senior, Grade 569N, 19.350 Hourly in the Division of Youth Services. Effective April 16th, 2018, Item 8. A resolution authorizes the mayor on behalf of the American Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Southland Drive Sidewalk Project, Project 6x5, at a cost not to exceed $50,000. Item 9, a resolution authorized and directed the Division of Traffic Engineering pursuant to the Code of Ordinances, Section 1851 and 1886 to decommission the traffic control signals at the intersection of North Upper Street and West 5th Street and the intersection of North Upper Street and West 6th Street, and authorized and directed the Division of Traffic Engineering to install multi-way stop controls with proper and appropriate signs in accordance with this designation. Item 10, a resolution authorized the Mayor on behalf of the room county to execute an equipment rental agreement with Flix Incorporated for use of projection equipment and film licenses at Free Friday. at jacobson park and it cost enough to exceed thirteen thousand five hundred dollars item 11. a resolution authorized and direct the mayor on behalf of the area of county government takes an agreement with sentinel offender services llc for electronic monitoring services for the offender population on home incarceration for the division of community corrections and the cost not to exceed 14 000 for fiscal year 2018 out of 12 a resolution authorized the mayor on behalf of the county government takes change order number one to the contract with pace contracting llc for the castlewood and douglas park spring ground projects increasing the contract price for the sum of of $8,971.22 from $925,000 to $933,971.22 out of 13. It resolution authorizes the mayor on behalf of the urban county government to execute changes from number three final to the agreement with Tribute Contracting Consultants LLC for the UK Trunk A Sewer Improvements Project decreasing the contract price by the sum of $320,049.53 from $2,767,032 to $2,444,982.47 out of 14. It resolution authorizes the Division of Police on behalf of the urban county government to purchase jet aviation fuel for the police helicopter from TAC air a sole source provider at cost not to exceed $5.45 per gallon item 15 a resolution authorized the mayor on behalf of the urban county government to accept a donation from Alex Atkins of one horse for the Masterson Station Park equestrian program item 16 a resolution authorized the mayor be at their county government texted an agreement awarding a class a neighborhood incentive grant to Lansdowne Merrick neighborhood Association incorporate for stormwater quality projects that cost not to exceed $7,800 item 17 a resolution authorized the mayor be at your county government texted an agreement awarding Class B infrastructure incentive grant to Pepper Distillery LLC for stormwater quality products at a cost not to exceed $300,000 item 18. A resolution authorized and direct the mayor on behalf of the urban county government to execute a student athlete promotional waiver with the University of Kentucky for student athlete participation in urban county government volunteer activities at no cost to the urban county government item 19. A resolution approving and adopting substantial amendments to the 2015, 2016 and 2017 annual action plans decreasing funds for the Douglas Park Youth Sports Project $15,215 and the Oxford Circle Planning Project $54,950 reallocating those funds to the rbu services street outreach project twenty thousand one hundred fifty five dollars in the greenhouse 17 supervised visitation services fifty thousand dollars and authorize the mayor to transfer uncovered funds within the grant budget item 20 a resolution authorized in division of waste management on behalf of the urb county government to purchase software hardware and professional services to weight trucks and track data from weights from metler toledo a social source provider and cost to exceed 120 000 i'm 21. a resolution authorized and direct the mayor on behalf of the urb county government to exit a third amendment to the agreement with community action council for lexington bourbon harrison and nicholas counties incorporated of sending the term of the agreement to May 1, 2018, at no additional cost to the urban county government. Item 22, a resolution authorized and direct the mayor on behalf of the urban county government to execute an amended purchase of service agreement with Hope Center Incorporated for the Housing First Project, providing additional funds in the amount of $75,00. Item 23, a resolution authorized and division of fire and emergency services to purchase a vehicle fire simulator prop from Bolex, a sole source provider, and authorize the mayor on behalf of the urban county government to execute any necessary agreement with Bolex related to the procurement at a cost to exceed $39,895. Item 24, a resolution authorized and direct the mayor on behalf of the urban county government to execute an agreement with the Kentucky Transportation Cabinet to delegate responsibility for the operation and maintenance of traffic signals and electrical traffic control devices on roadways included in the state primary road system and located in Lexington, Fayette County to the Urban County Government at an estimated cost not to exceed $30,000 to be reimbursed by KYTC from July 1, 2018 to June 30, 2019, item 25. It resolution authorizes the mayor on behalf of the Urban County Government to extend an agreement awarding a Class A neighborhood incentive grant to Beaumont Residential Association Incorporated for stormwater quality projects at a cost not to exceed $53,595. A resolution authorized the mayor on behalf of the government to execute change number one final to the agreement with Evoquat Water Technologies LLC for repair of the low-prose scrubber system at the West Techman Wastewater Treatment Plan increasing the contract price of a sum of $10,867 from $136,115 to $146,982.927. a resolution demanding resolution number 163 2018 correcting the federal award amount accepted from the united states department of housing and urban development from 1 million 391 thousand to 1 million 430 thousand 928 a resolution authorized the mayor may have their kind of government to execute a professional services agreement sarah charles as a sexual assault nurse examiner to provide on-call forensic examinations under the sexual assault nurse examiner program at a cost of which we exceed 40 dollars for each scheduled on-call period 230 dollars for each completed forensic examination 50 dollars per case for professional testimony in court and the reasonable cost of medical liability insurance. Item 29, a resolution authorized and direct the mayor on behalf of the urban county government to exceed a memorandum of agreement with the Bureau of Alcohol, Tobacco, Firearms, and Explosives for reimbursement of costs. Item 30, a resolution authorized and direct the mayor on behalf of the urban county government to exceed supplemental agreement number 2 with the Kentucky Transportation Cap for the acceptance of additional federal funds in the amount of $988,940 for the right-of-way and utility phases of the town bar at the trail commons midland section under the congestion mitigation and air quality program, the acceptance of which I'll be against the urban county government for the expenditure of $247,235 as a local match. And finally, item 31, a resolution authorizing a direct to the mayor on behalf of the urban county government to execute an amendment to the permanent agreement with the Kentucky Department of Education, Division of School and Community Nutrition, updating the civil rights compliance requirements of the United States Department of Agriculture's Child Care Food Program at the Family Care Center. Thank you, sir. Move approval. Motion by Council Member Farmer to approve. Second by Council Member Evans. Is there any discussion on the motion? All right, if not, Madam Clerk, please call the roll. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. Ms. Lamb? Yes. Mr. Maloney? Yes, ma'am. Ms. Plumman? Yes. Mr. Smith? Yes. mr stinnett yes ma'am mr burley yes ma'am ms bledsoe mr fred brown yes mr james brown yes miss evans yes and finally mr farmer thank you sir all right thank you madam clerk but the vote reflects passage of the motion allows us to move on to resolutions with a first reading item 32 a resolution accepting the bid of j ediger and son and incorporated sam's price contract for snowplows for the division of facilities and fleet management item 33 a resolution excepting the bid of leak eliminators LLC establishing a price contract for sanitary sewer system rehabilitation and maintenance for the division of water quality item 34 a resolution accepting a bid of excellence incorporated establishing a price contract or emergency care unit for the division of fire and emergency services item 35 a Resolution ratifying the probationary classified civil service appointment of Gregory Talby public service supervisor grade 514 and 22.9 woman hourly in division of streets and roads effective May 7 2018 Chris Jodarski trades worker senior grade 511 and 60.317 hourly in division of streets and roads effective May 7 2018 Nanette Lewis, Telecommunicator Supervisor, Grade 520E, $2,000, biweekly in Division of Emergency Management, 9-1-1, effective May 28, 2018, ratified permanent classified civil service appointment of Clayton Acheson, Customer Service Specialist, Grade 510N, 16.124 Hourly, Division of Government Communications, effective April 16, 2018. Jada Griggs, Industrial Hygiene and Loss Control Specialist, Grade 520E, 2238.48, biweekly in Division of Risk Management, effective April 16, 2018. Chancity Hensley, Administrative Specialist, Grade 513N, 16.94 Hourly, Division of Police, effective May 6, 2018. he you yen center senior planner senior grade 521 and 25.5 six were hourly in division of planning effective April 23rd 2018 item 36 a resolution authorized in division of human resources to make a conditional opportunity following probationary classified civil service appointments good George Shanks public service worker senior grade five and N 40.760 hourly and division water quality effective move 14 2018 Toby Monday public service worker grade 507 and 12.47 for our line the division of waste management effective upon passive council kisa shepherd public service worker grade 507 n 12.620 hourly in the division of waste management effective upon passive council edward mullins code enforcement officer grade 516 n 21.124 hourly in the division of code enforcement effective mail 14 2018 kelly wingo administrative specialist grade 513 n 20.804 hourly in the division of facilities and fleet management effective upon passive council sarah adams custodial worker grade 505 n 11.926 hourly the division of facilities and fleet management effective upon passive council and Christopher Boisell Golf Pro Supervisor Grade 522E2167.76 by week in the Division of Parks and Recreation effective upon passive council and authorize the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment Amber Deed, Citizens Advocate Part-Time, Grade 518E1220, biweekly in the Office of the Urban County Council, effective May 14, 2018. Item 37, a resolution authorized and directed by the Mayor on behalf of the Urban County Government tax-cued a referring agency agreement with Goodwill Industries and Kentucky Incorporated for the purpose of client referrals to the Cars to Work program at no cost of the Irvin County Government. Item 38, a resolution authorizes and direct the mayor on behalf of the Irvin County Government to submit a grant application to the Division of Waste Management to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $4,000 commonwealth of particular funds and are for the waste, tire disposal, and recycling for fiscal year 2019, the acceptance of which should not obligate the Irvin County Government for the expenditure of funds and authorizes the mayor to transfer unencumbered funds within the grant budget. Item 39, a resolution authorizes the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Pearl Landscaping Group Incorporated for the Gainesway, Kirk, Levington, and Mount Tabor, CDBG project, increasing the contract price for the sum of $21,038.50 from $354,719.90 to $375,758.40 and adding 28 calendar days to the construction schedule. Item 48, resolution authorized the mayor on behalf of the urban county government to execute a deed of easement with Kentucky American Water Company granting a utility easement across the property located at 35.81 Green Tree Road for the relocation of a water man to further authorize the mayor to execute any of the documents necessary to transfer the easement at no cost to the urban county government. Item 41, a resolution establishing Power Phone is the sole source provider of emergency medical dispatch hardware software services for the division of enhanced 911 and authorize the mayor or his designee on behalf of the urban county government to exceed any necessary agreements with Power Phone related to the procurement of these goods and services. Item 42, a resolution authorizes direct the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky 911 services board and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $6,079.89 Commonwealth of Kentucky funds and are for the update and refresh of the geo-diverse Solacom host controllers for the Division of Enhanced 911. Item 43, a resolution authorizes and direct the Mayor on behalf of the American Academy of Submit a grant application to the Kentucky 911 Services Board and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $120,134 Commonwealth of Kentucky funds and are for the purchase of the Power Phone Emergency Medical Dispatch Total Response Platinum Package for the Division of Enhanced 911, Item 44. It resolution authorizing the mayor on behalf of the Airman County Government to exceed a facility solution agreement and addendum with Sintas Corporation pursuant to the U.S. Communities Participating Public Agency's Master Agreement, Contract 12GLH011C, establishing a price contract for the rental facility, entrance mats, and rental uniforms, and authorizing the director of purchasing for the chairman of the contract to exceed any additional necessary documents related to the agreement. Item 45, a resolution authorizing the mayor on behalf of the Lexington Fader and McKenna Government to exceed a multi-year agreement awarded pursuant to RFP No. 36-2017 with Energize, Kentucky LLC, to provide administrative services related to the Energy Project Assessment District established by Ordinance No. 24-2018 with all costs paid by participating property owners. Item 46, a resolution authorizing the mayor on behalf of the urban McKenna Government to exceed an agreement awarding a Class A neighborhood incentive to Cardinal Valley Neighborhood Station Incorporated for stormwater quality projects that cost not to exceed $50,000. Item 47, a resolution authorized the mayor on behalf of the urban county government to exceed an agreement awarding a Class B education incentive grant to RNN Group LLC for stormwater quality projects. It'll cost it to exceed $3,924.90. Item 48, a resolution authorized the Strathman and company certified public accountants and advisors to conduct the financial audit of all Lexington Fader and county government funds for fiscal year 2018 for an amount not to exceed $155,000 fiscal year 2019. And authorized the mayor or his designate on behalf of the urban county government to exceed the letter or agreement and any other necessary documents with Strathman and company related to the audit. Item 49, a resolution to authorize the mayor or the commissioner of finance on behalf of the Urban County Government to exceed a letter of agreement with Statham and Company, certified public accountants, and auditors for preparation of the sheriff's settlement for the 2017 property tax year at a cost to exceed $8,000. And finally, item 50, a resolution approving and adopting the Parks and Recreation Master Plan. Thank you, Madam Clerk. Are there any motions for Walcons? Council Member Brown, Council Member James Brown? Yes, sir. Thank you, Mayor. I move to place on tonight's docket a resolution accepting the bid of Constellation New Energy Gas Division, LLC, establishing a price contract for the supply of natural gas for the Division of Community Corrections and authorizing the mayor on behalf of the urban county government to execute any documents related to this bid. So move. Motion by Council Member James Brown, second by Council Member Farmer. Is there any discussion on the motion? All right. If not, we can vote. All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk, will you please give us a reading? Yes, sir. Item 51, a resolution that accepts a bit of Constellation New Energy Gas Division, LLC, establishing a price contract for natural gas supply pursuant to Columbia Gas of Kentucky, incorporated delivery service tariff in an amount not to exceed the natural gas price at the time of requested delivery based on rates established by the New York Work & Talent Exchange, minus six cents per decatherm for the division of community corrections and authorizing the mayor on behalf of the urban county government to execute any documents related to the bed. All right thank you madam clerk. Are there any I'll ask for any motions to suspend the rules for second readings now if you please sign on. Councilmember Gibbs. Thank you mayor. I'd like to suspend the rules and ask for a second reading on number 36 conditional orders of employment. So moved. Motion by Council Member Gibbs, second by Council Member Farmer. Is there any discussion on the motion? All right. If not, let me see. Let's take other motions. We'll vote on that. Did we vote on it? I'm sorry. Did we vote? Yeah, we voted. Okay, good. Motion passes. All right. Council Member James Brown. Thank you, Mayor. On behalf of the administration, I'd like to suspend the rules and give second reading to number 51. 51. 51. 51. The one we just walked on. We got a second. Motion by council member James Brown. Second by council member Plumman. Is there any discussion? All right. All in favor. No, we got to get. All right. All in favor, please say aye. Opposed, no. Motion carried. All right. We got a no from council member Fred Brown. No for a second reading. No for a second reading, right. All right. We had one no there, but the motion passes. So, Madam Clerk, if you'll please give us a second reading on 36 and 51. Yes, sir. Item 36, a resolution authorized in the Division of Human Resources to make a conditional offer to the following probationary classified civil service appointments. George Shanks, Public Service Worker Senior, Grade 599, 14.760 hourly in the Division of Water Quality, effective May 14, 2018. Toby Mundy, Public Service Worker, Grade 507 N, 12.474 hourly in the Division of Waste Management, effective upon passive counsel. Keisha Shepard, Public Service Worker, Grade 507 N, 12.620 hourly in the Division of Waste Management, effective upon passive counsel. Edward Mullins, Code Enforcement Officer, Grade 516 N, 21.124 hourly in the Division of Code Enforcement, effective May 14, 2018. Kelly Wingo, Administrative Specialist, Grade 513 N, 20.894 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Sarah Adams, custodial worker, grade 505N, 11.926 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. And Christopher Boizel, Golf Pro Supervisor, grade 522E2167.76, biweekly in the Division of Parks and Recreation, effective upon passage of counsel. And authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Amber Dietz, Citizens Advocate, part-time, grade 518E1220, biweekly in the Office of the Urban County Council, effective May 14, 2018. and item 51, a resolution accepting the bid of Constellation New Energy Gas Division LSE establishing a price contract for natural gas supply pursuant to Columbia Gas of Kentucky Incorporated's delivery service tariff in an amount not to exceed the natural gas price at the time of request and delivery based on rights established by the New York Mercantile Association minus six cents per decatherm for the Division of Community Corrections and authorize the mayor on behalf of the urban county government to execute any documents related to the bid. Thank you, sir. Thank you, Madam Clerk. I'll ask for a motion to approve. Second. Motion by Vice Mayor Kay, seconded by Council Member Plowman. Is there any discussion? All right. No discussion? All right. Then we can vote. If you'll please call the roll. Thank you, Madam Clerk. Thank you. Mr. Gibbs? Yes. Vice Mayor Kaye? Yes. Ms. Lamb? Yes. Mr. Maloney? Ms. Plowman? Mr. Sennett? Mr. Worley? Yes ma'am. I'm sorry I skipped you Mr. Smith. Yes. Thank you. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. And Mr. Farmer? Yes, ma'am. All right. Thank you, Madam Clerk. The vote reflects passage of the motion, and allows us to move on to communications for information only from the mayor. And then announcements. The floor is available for announcements, and if you'll please sign in, I'll call on you. Does anybody want to make an announcement? Do I see anyone wanting to make an announcement? Hold on, hold on, hold on. Are we getting the screen back for... All right. Please sign on if you wish to make an announcement. Is anybody signing on? Anybody? Council Member Fred Brown? Yeah, I think everyone knows or should have been aware that this is National Prayer Day. And just wanted to give a shout out. I had two that I was able to attend today at the Bluegrass Care and Rehab Center. I had, with Chaplain Stanley Bellarmine, had a prayer day meeting group. And then Jesse Baldridge, the chaplain at Tanbark Healthcare, had one this afternoon. And so I just wanted to give a shout out to those individuals for getting organizations together and to have a national prayer and unity day. Thank you. Thank you, Council Member Brown. All right. Anybody else wish to make an announcement? Lost. Council Member Worley. Thank you, Mayor. I'd like to announce a community event that I, along with several community partners, happy to host and be a part of. is coming Monday in the Bainbridge Drive area. It's a neighborhood that's looking to do some revitalization and community involvement. And so together with Fayette County Public Schools, Commander Lyons of the Police Department, Neighborhood Resource Officers, and several other partners, particularly I want to recognize Laura Hadfield, we're looking forward to having a great event Monday night. We're going to begin around 6.30, I believe, 6? Renee? 6? we're gonna start at 6 o'clock and it's gonna be a great time we have parks and rec there the police officers are gonna be grilling and it's gonna be a really wonderful event for the neighborhood and welcome you all there if you're interested thank you thank you mayor thank you councilmember Worley council member James Brown thank you mayor I just have an announcement there's a Dream Lex event and it's actually a youth talent showcase it's going to take place at the Lyric May the 11th I just want to get the announcement out since We don't meet next week, but it's 7 p.m. next Friday, May the 11th at the Lyric. Please come out and support our youth and their talents. Thank you. All right. Thank you, Council Member Brown. Council Member Smith. Thank you, Mayor. I'd just like to invite everyone out to a public presentation. At Mettathorpe, May 8th, the graduate students from the University of Kentucky are going to show their vision for improvement of a commercial shopping area over at at metathorpe it's uh it'd be a real treat to see these young this what these young folks have done that they're going to show the neighborhood and the local business owners appreciate if you show up thanks thank you thank you councilmember smith all right uh that's all who've signed on for announcements are there any anyone else for public comment i don't think there is so all right i'll ask for a motion to adjourn councilmember stennett motion to adjourn second by councilmember farmer unless there's objection we're adjourned Thank you.