It's enough for this wide-eyed wanderer that we got this far Baby, baby, heart Thank you. ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thursday, January 31, 2019 meeting of the Fayette-Urban County Council. And the first order of business will be for the clerk to call the roll. Madam Clerk, please call the roll. Mr. McKern. Yes, ma'am. Mr. Maloney? Yes ma'am. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Here. Mr. James Brown? Here. Mr. Ellinger? Yes ma'am. Ms. Evans? Here. Mr. Farmer? Mr. Gibbs? Here. Vice Mayor Kay? Here. Ms. Lamb? Here. Thank you sir. Thank you. Next will be an invocation, and we welcome Dr. Muhammad Qureshi of the Bilal Ibn Rabah Masjid. He's a physician and an imam at the Masjid. Welcome, sir. I request everyone to join me in the prayers. Bismillah ar-Rahman ar-Rahim, meaning in the name of Almighty God, most compassionate, most merciful, we praise and give thanks to you, O God, for all the blessings. You are our Lord, our Creator, our Sustainer, our Refuge, and our Guide. Please guide us, all of us, in the path of the people whom you blessed. Remembering that we are always in your majestic presence, we acknowledge that we are your humble servants. You are most compassionate. Help us to be compassionate. caring for all of your creations, concerned all about your people, especially the weak and the poor among us. You are the most just. Help us to be just and fair in all of our dealings without favoritism and nepotism. You are most wise. Help us to be wise in all the decisions we make. O God, bless this council and this administration and guide them in making good decisions, decisions that will be pleasing to you, decisions that reflect your compassion, your justice, and your wisdom. Amen. Thank you so much. And you're, of course, welcome to stay for the rest of the meeting, but you're not expected to. So whatever suits. Next order of business, I'm going to recognize Councilmember Gibbs. The other way around. I'm sorry. So there's been a revision. Thank you. We'll hold off on that. So the next item of business then would be approval of the minutes of the January 17th meeting. Is there a motion? Second. Motion to second. Discussion on the motion? Hearing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Next will be presentations. And first, recognize Council Member Masardi to introduce this first presentation. Thank you, Mayor and Council Members. I have with me this evening Mac Ferguson, my good friend, who is also the chairman of the Lexington Lions Bluegrass Fair, and he has a special guest he would like to introduce this evening. It's all yours, Mac. Thank you, ma'am. Greetings, Council. Besides being a hard-working LFUCG employee, one of my other passions is the Lions Club. Since 1954, the Lions Club and Kentucky Lions Eye Foundation have sponsored the Mr. Miss Basketball Banquet, which is a tradition in high school basketball. I brought a young lady with me tonight to tell us all about that. She has a slide presentation for us. That's an upcoming event here in Lexington on March the 5th. I'd like to introduce Ms. Jennifer Hunt. Hi. Thank you all for having us here. I just wanted to give you some information about our upcoming Mr. and Miss Kentucky basketball award ceremony. What a lot of people don't realize is that it benefits and is a fundraiser for the Kentucky Lions Eye Foundation. Our motto is that our mission is your vision. We are here to help any Kentuckian in need of vision care. So each year we provide over 15,000 free vision screening to children here in Lexington and throughout the state, 20,000 free vision screening to children. I'm sorry, the 15 was for adults. And we also provide financial assistance for over 30 surgeries each year throughout the state. We also provide a referral program where anybody in the state who needs assistance with eyeglasses can call our office and we will refer them to their local Lions Club for assistance. Here's just a few photos of some of the people that have received our services. The two children there, they both received their glasses through Lions Clubs after going through one of our vision screenings. So to get back to the event, in 1954 we were founded, we hosted or we announced the first Mr. Basketball which is Lexington's own Vernon Hatton from Lafayette High School. A few years later, 1976, we announced the first Miss Basketball, Donna Murphy. So where the fundraiser came in was in 2012 we hosted our first event in Louisville at the Silbok. We have candidates from across the state. We invite them in and announce the winner. 2014, we move the event to Lexington. Lexington is basketball city in Kentucky. So we really enjoy being here. We have our event the evening before the Boys Sweet 16 tournament. So in addition to all of those people coming in, we bring in about 800 people the night before that event. So from 2014 to 2018, the last five years, we've had this event in Lexington, and it's our largest fundraiser of the year. Proceeds continue to help us provide the services throughout the state. So over the past five years, what this has brought into Lexington is 3,500 visitors, brought into the city. Just venues, the vendors alone bringing in $150,000 over the past five years and we're guesstimating from the visitors about $25,000 additional revenue coming in from their hotels, fuel, shopping, other expenses that they would bring. So here are the past five Mr. and Ms. Basketball recipients from all over the state. There is a Lexington gentleman there in the middle from Paul Lawrence Dunbar. Besides just the high school basketball students and the fans, we also bring in local celebrities and basketball stars. We have had Heather French Henry there, Goose Givens. We have Vernon Hatton, who tries to attend every year, Donna Murphy there with him. They're both Lexington residents now, have been good citizens of Lexington. Joby Hall, the past couple of years, has been able to come. We're just asking for a little bit of support for the event. We bring a lot into Lexington, and we're just trying to get any support that we can. I want to just invite you all to attend if you want to. The date is March the 5th at the Lexington Center Bluegrass Ballroom. Thank you, Jennifer. And as Jennifer says, we'd like to have every one of you there. Thank you very much. Matt, before you step down, you might, since you're chairman of the fair, talk about the new dates that are coming up while you've got an audience. Yes. For those that have not heard, we have changed the dates of the Lexington Lions Bluegrass Fair. The new dates are June 6th through the 16th. We have a new entertainment carnival provider. So keep those dates open. We'd like to have everyone at the Bluegrass Fair also. Thank you. Thank you all very much. Thank you. Can you take a picture? Can you all have a picture? Take a picture? Absolutely. Council? Thank you. Okay. Okay, next item on the agenda is a presentation by Council Member Plowman. Thank you, Vice Mayor and Council Members. Jennifer Ebert from the American Heart Association and Keith Yarber, who is president of the TOPS Media Group. Can you come up here? Thank you. Actually, Keith Yarber has no idea why he's here tonight. He thinks he's giving a presentation on the heart ball tomorrow night. But I would like to announce that tomorrow is Keith Yarber Day. We have a proclamation. But before we do this, I'd like to tell you a little bit about Keith. I have known Keith Yarber for many, many years. And from his early days were spent at WKQQ in sales. I remember then he went to Cumulus Radio in leadership role. I remember the one day he mentioned his new idea of publishing a community-based magazine. He was going to call it Topps in Lexington. And the rest is history. You may not know, TOPS is the most read publication in Lexington, Kentucky. Over these years, Keith also had health challenges with heart disease. At age 44, it was discovered that his heart had 99% occlusion, also known as the widow maker. He underwent a bypass. This was followed several years later by needing a pacemaker. Then later, two stints that were put in his heart. Later, Keith had to get a new pacemaker with a defibrillator. And last year, he had a very serious reaction to medicine for his heart. Yes, Keith is a survivor, yet as important, he is a champion. Keith is passionate about spreading the word about heart disease from his own experience, and he is actively engaged in all American Heart Associations and activities and events in our community. That is why Keith Yarber has been chosen as the 2019 honoree at the annual Lexington Heart Ball tomorrow night at Lexington Center. Congratulations, my friend. This honor is so well deserved. Thank you. Had no idea. Had no idea. So now I'd like to read the proclamation. Mayor Gray is not here. Of course he's not here. Mayor Gordon is not here tonight, so I will be reading it on her behalf. Keith Yarber Day. Whereas Keith Yarber is a highly respected citizen of Lexington. Whereas Topps Media Group, owned by Mr. Yarber, provides great information and service in our community. And whereas Mr. Yarber is a heart disease survivor who has been an advocate for cardiovascular health awareness and research for many years. and whereas the Central Kentucky Division of the American Heart Association in Baptist Health Lexington will honor Mr. Yarbr at the 2019 Central Kentucky Heart Ball tomorrow night. Now, therefore, on behalf of Mayor Linda Gordon, in recognition of Mr. Keith Yarbr and his work in the fight against heart disease and stroke, do hereby declare February the 1st, 2019, Keith Yarbr Day and recognize Mr. Yarber as the king of hearts in the bluegrass. Thank you. Thank you. Sure. Come forward. You want to say if you would? Well, I wanted to say thank you very much to Kathy. This was a big surprise. I was told I was coming down here to receive something for the American Heart Association, so I had no idea about this. Kathy, thank you. I'm just almost speechless about this, but I am a big advocate for the American Heart Association. Heart disease, especially for women, is the number one killer in the state of Kentucky. And chances are everyone in this room knows someone that's been affected by heart disease or stroke or in their family. One of the great reasons I'm an advocate for the Heart Association is out of every dollar that you give, the vast majority of that dollar stays right here in central Kentucky with research a lot of it at the University of Kentucky and each year the researchers apply for peer-reviewed grants to do this research to accelerate the prevention of heart disease and I can tell you that with all I've been through in the last year or so as a matter of fact just last week I was back in the hospital my defibrillator and my pacemaker kicked in three times and which is a pretty serious deal and they found another blocked artery and i was just in the hospital last week and here i am out this week back to a normal schedule this had been 30 years ago i would not be here today so a big advocate for the american heart association we have the hardball tomorrow night if any of you would like to donate it's on the website and we appreciate anything you can do uh as the old country preacher used to say uh about donations give till it hurts and then give a little bit more thank you very much Thank you. Thank you. Okay, now I will recognize Council Member Gibbs for a motion. I'm not going to make a motion, Vice Mayor, I just want to introduce some speakers. On Tuesday, I made a motion for a moratorium in the Pensacola Park area while they apply for H1. And while it passed 11 to 2, several council members expressed concerns that they didn't know what level of support was out there. So I did some Facebook posts and some people spread the word around. We got a really overwhelming response. I talked to the mayor on Tuesday if we could put public comment at the beginning of the meeting so everybody wouldn't have to sit through the entire meeting. So this will be public comment for the Pensacola Park moratorium, both pro and con. But I do want to mention, I don't know if any, the emails went out to all of us. My aide at last counted 67 emails in favor of the moratorium, representing 76 people, and there were four emails against. My understanding is that only a few people are going to speak in favor of it because they don't want to take up too much of our time, and the case is relatively simple. We don't need a lot of repetition. but I would like to ask the people from Pensacola Park who came here for moral support on a very cold night if they would mind standing so the council could see who's here from Pensacola so again not all these people going to be speaking but if you guys were wondering about support for the moratorium take a look at your email and take a look at that thank you vice mayor and now we're gonna have public comment understanding so we need a motion to suspend the rules and allow for public I wasn't where I needed to make a motion for that thank you I make a motion to suspend the rules and take public comment at this point so moved I have a motion in a second this would be public comment on this one item discussion on the motion comes from a blood so I thank you vice mayor I just want to comment I have an annual meeting tonight so I'll be leaving at some point I want you to think that I didn't care about your conversation, but that's why I'll be leaving a little bit early tonight. Thank you. Thank you. Are there any other council members? I see nobody else signed up. All in favor of the motion, please say aye. Aye. Any opposed? That motion carries. Is there a sign-up sheet? Thank you, Mayor. Oh, yes, there is. I'll just take them in the order in which they are signed up, and then if there are other people who wish to speak, we will ask them to come forward. And before I do, I'll just remind people the rules of council. We ask that you limit your comments to three minutes. If there are people here who will yield their time, we would need to know that, and you could have up to nine minutes if a couple people yield their time. My job is to be the timekeeper. there'll be a clock and I will let you know when you are at the end of your time and ask you to conclude your remarks so having said that first is Jennifer Hunt excuse me vice mayor I might might also be appropriate to let folks know that this issue while we obviously want to hear them all tonight is not actually being voted on tonight I don't know if maybe I missed that at this point but that might be that might be helpful to the audience uh thank you so i'm being reminded that this is the first reading it does not require a vote of council although motions to amend or change or remove are appropriate but under normal circumstances there's no vote on a first reading there will be a second reading at the next council meeting and that's when council will vote on this issue so thank you okay Jennifer Hunt got it Julie butcher thank you vice mayor members of the council I am in opposition to this moratorium we do not have the same kind of numbers in opposition because we didn't have notice that this was going on. I just happened to hear through a friend of a friend of a friend. I live on the edge of part of the area that is under consideration for this moratorium and also have property across the street from the area of this moratorium. A couple of things. I think we have to make a distinction between the properties at 1733 through 1915 Nicholasville Road and the neighborhoods. Because as I understand from reading the things that have been going on and the work that the Planning Commission and you all have been doing on Imagine Lexington and the new comprehensive plan we are looking as a city into preserving neighborhoods as well as to increase usage particularly along corridors and arteries. Nicholasville Road no one can argue is not a corridor or artery so we have something in the works right now to try to address issues that we all have with the artery and the use of properties there and this moratorium is a sort of a backdoor around it and in my personal opinion I think that it's a distinct difference and it's a it's it's an impediment unconstitutional impediment upon the person's particularly use of their property now if the neighbors want the moratorium not in the corridor then fine I don't have any objection to that they're perfectly welcome to have a moratorium for planning any any zone changes and they're perfectly welcome in it for in my view to have a moratorium on any demolition it's the exception that I'm talking about which is Nicholasville Road corridor. So I also would ask that before this is decided that the property owners who are affected in those odd numbers on Nicholasville Road, the corridor, the artery, are given actual notice so that they can come and have their numbers heard too. Thank you. Thank you. Next would be Dennis Webb. Thank you. My name is Dennis Webb. I've lived in Pensacola Park for 30 years on Suburban Court. The oldest home in Pensacola Park was built in 1911. It was on Nicholsville Road. The northern boundary of Pensacola Park is Suburban Court, which was cut through at the end of World War I. At that time, it was a half mile past the last urban street, and the first home was built in 1920. And by 1929, over 75% of the homes on this street had been built. And I love this neighborhood. It's a cohesive neighborhood. and I'm asking for the opportunity to preserve this intact middle class working class neighborhood as well as because it is a functioning example of Depression-era architecture and there are numerous craftsman style homes throughout Pensacola Park. So please approve the requested moratorium on that. Thank you. Thank you. Next would be Tim Kondo. Mr. Vice Mayor, I'm going to decline to speak, but I'd like to... Yes, please come to the microphone. Thank you. Sorry about that. I was just going to say that I'm going to decline to speak and happily give my time to any other neighbors who'd like to speak on the moratorium. Thank you. Thank you. Next would be TL Wise. Mr. Vice Mayor, I would have one question of the staff, perhaps. When was the actual paperwork for the moratorium filed by the Neighborhood Association, whoever filed and asked for this? When was it filed? When did they first approach? Are you our councilman? I am. And when did they first approach you with this idea? I'm sorry, excuse me. We would have to make an exception to answer that question. for your comment, and if council is interested in having a reply, we would have to make an exception to this section of the agenda. I would ask for an exception to let us know when this application was put in play. Is that too much to ask of our city council by a property owner of 34 years in the neighborhood? I don't think it's too much to ask, but we do have a set of rules by which we organize this meeting, and if If council members are interested in hearing this, then I need a motion to, again, suspend our rules and allow for a response. Council Member Lamb. I concur with what the vice mayor is saying, and what I will express to you is the normal procedure during our public comment is not to not answer your questions, but to gather all the questions that are given during the public comment, and then at that point we will have an opportunity to address the answers. I think that would be the proper time to handle that, sir. Thank you, Ms. Lamb. I'd just like to go on the record that you would not answer when this was filed. The property owners, the council would not answer a property owner of that. Now, my name is T.L. Wise. I own the property at 1855 Nicholasville Road. I've owned it since 1985. As you know, it's the largest property in this area that they have asked for this moratorium. Some might say it is the centerpiece of the neighborhood. It's the biggest house, the biggest lot, and in this case, I feel like it's the target of the Neighborhood Association that has filed this moratorium because, as you may recall, just a few months ago, a month and a half, a development plan for my neighbor two doors up. 1847 Nicholasville Road was approved to build some townhouses. So what the Neighborhood Association was very upset and so they have turned around and came in a retaliatory method to try to push this H1 overlay which they have 76 people out of 400 homes that took enough interest to say yeah they might be interested. Those then opposed I found out yesterday. I got no notice. I'm a property owner on Nicholasville Road, the biggest property, most likely to be redeveloped, although in the 34 years I've owned it, I've never asked you all for a zone change. I've never come before you. And I don't know that I want to now. But this is the method. Now, as you know, all zone changes, all moratorium requests, all variance changes, all are unique, just like all real estate is unique. Sorry, Mr. Wise. I'm going to have to ask for a motion to extend your time. Second. I have a motion and a second. Is there any objection? Extend by three minutes. So, you know, all real estate is unique. My property is unique. The neighborhood is unique. It's a beautiful area. I've owned and lived there 20 years. And now I've owned and have a great tenant in the house. So the moratorium request is unique. Now, in the past, maybe you have passed moratoriums without giving property owners notice. But if you have, that doesn't make it right. If you passed moratoriums and changed property owners' rights, took away some property owners' rights without notice, that's just not right. Now, when a unique situation like this, where they are, in effect, using the council and this H-1 overlay with a minority of 76, With plenty of notice they've had, the people that oppose the moratorium have had no notice. So to push that on, you can easily see how this is a reactive response coming back. Now, I'm not saying I want to develop. I want to work with the neighborhood. We tried to do this a few years ago in a small area plan. It got shot down, was closed up, and never. But at this point, I'm willing to work with the neighborhood to do something that proper serve this corridor, Nicholasville Road, and get the best use out of my property. The neighbor next to me is in an estate. The lady owned it 50 years and has passed. Now it's in her family. They don't even know about this meeting. They have no representation. I was out of town until 6 o'clock tonight, flew in, and I've had no chance to retain counsel or to seek advice. and after 34 years paying taxes on the centerpiece of the neighborhood, you would think the neighborhood would come to me and say, hey, we want to put this H-1 overlay on the property. What do you think? We want to do this. We think it will help the neighborhood. Let's talk to the centerpiece of the neighborhood, the biggest home, the biggest lot. But no, not a word. There's stuff going on with this neighborhood association by a select few, and, you know, they certainly have their right to their opinion, And I don't disagree, but I have a right to mine. But mainly I have a right to due process, to notice when you're going to do things that affect my rights as a property owner, and that's all I'm asking the council. Let's delay this thing. Let's have a chance for me to talk with the neighborhood association, with the other property owners on the corridor to talk with the neighborhood association, or let's move the moratorium to the properties that are not on the corridor so we're not in conflict with the other goals of the comprehensive plan. The Planning Commission, the staff, everybody recommended the development plan two doors up, 1847 Nicholasville Road. They would probably do the same for mine if I wanted. I don't know if I want eight townhouses on my property surrounding my big, beautiful centerpiece home. But I'd hate to be rushed into these kind of decisions. With that, I would ask for your consideration. And please, let's table this and give us time to come back to it when proper notice has been given so that it is fair to all the property owners on the corridor. and the 350,000 Lexingtonians that live here, that corridor and the redevelopment and the infield benefits. When we just tear up the countryside, the 300,000 people, they could care less about this little piece. But the neighborhood does care, so you've got 35 people wanting to put their interests in front of 400,000. Thank you. Thank you. And Mr. Wise has asked a question. Is there a motion to have an answer to that question? So moved. Second. We have a motion and a second to provide some information back. Any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Is there someone from planning staff or legal here who can answer the question? good evening vice mayor k the planning staff is not aware of when that request was made to council member gibbs yeah so let me council member gibbs um i can't tell the date exactly um they approached me while ago about the moratorium and i put in the works and we've i worked with planning with law throughout last week and notified council on monday that i plan to put it on the the work session on tuesday um got the word out reasonably all thought throughout the neighborhood via facebook and the neighborhood association i think they let everybody know they've been working on the h1 application in preparation for that since late september early october my understanding is they've knocked on virtually every door in the neighborhood but Tracy, is there a requirement for official notification for a moratorium? I don't remember. My memory, when we did one on Versailles Road last year, there was none. I'll let the law department answer that question. Okay. Thank you. And I'd also like Betty Kerr, if you could head up this way, if that's okay. so councilman gives i think we have had a specific response i'm not sure we want to i was one i wanted to get clarification on some of the points that mr wise made mr wise was saying that he hadn't had any notification about the h1 and maybe he just wasn't home but my my understanding is they've worked the neighborhood pretty hard the moratorium did come up relatively quickly and i'll take i'll take responsibility for that but i did make an effort to get out there And, again, as far as I knew, there was no requirement to do that. And the reason I was hoping that Betty might say a word is there's a precedent for having these for H-1 overlays. And I was wondering if, like, when they did it in Aylesford several years ago, if notice went out to the entire neighborhood formally through the form of a letter or something. So I just wanted to get clarification on some of these things. But thank you, Vice Mayor. Okay. Please. I think in answer to your question, there is not a notice requirement for moratorium to be put in place. That's put in place by the council through a resolution that you all have in front of you tonight. However, the moratorium itself is not going to establish the filing of the H-1 application for the overlay zone. That will come later, and that will have notice requirements with it. So they're two different things. Thank you. So, Betty, I wonder if you could answer that. If in the past there's been notice the entire neighborhood, if you would happen to know that, I think. I saw you sitting back there, and you probably know better than anyone, if anyone does know. Well, I certainly would concur with what you've just heard from Ms. Jones with Law Department, and that is the way it's been handled in any H-1 process moving along. So, no, I do not know of any previous neighborhood going through the H-1 process or pondering going through that process that in utilizing a tool like a moratorium gave any legal notice or formal notice tied to that. Thank you, Betty. I answer those questions to the best of my ability. I'm done, Vice Mayor. Thank you. Is there anybody else who wishes to speak? I'm sorry, Mr. Wise, but you're not, I'm not, Mr. Wise, Mr. Wise, I ask you to respect the decorum of the council. Thank you. Yes, ma'am. Hi, my name is Jessica Voigt. I'm actually for the moratorium. Excuse me. I live on 1859 Nicholasville, so I am also part of the corridor that people are speaking out against. I'm for the moratorium simply because we're just asking for some time to look over the complicated and long process that the H-1 really takes into place. And I just want to address that first. But I do sort of want to put it out there since Mr. Wise put us all on blast. I've been part of the group that has really taken charge of informing all the neighborhood. We have knocked on literally every door. Mr. Wise doesn't live in our neighborhood. He rents. So we have made all the renters known. We have submitted to all the landlords. We found all their addresses. The lady who's sitting back there, she's actually not part of our overlay. And so this is the first time that we've actually seen in the moratorium her address under there. So we were just asking for the moratorium for the H1 overlay, which does include some homes in the Nicholasville corridor, but it's from Goodrich to suburban. So the two opposition, she just is not in our overlay, and he has been informed through his renters. So we have gone above and beyond the means to try to make everyone aware of what's happening and what we're trying to do. But this moratorium, aside from H1, because I know that's a whole different meeting with you guys, it's just meant to be like it's a long process. It takes six to nine months. We've had to raise grant money. We've had to raise our own money to try to get a consultant to look at the neighborhood. It's just a lot to show. And we're not asking that new construction is in the moratorium. so people can still do additions to their home we're just asking for rezoning and we're asking for demolition which are things that can effectively change the fabric of the neighborhood so we're saying please just take into consideration that we want to overlay reviewed before you decide thank you thank you is there anybody else who's not spoken who wishes to speak yes ma'am my name is my name is barbara bush i live at 153 rosemont i had put my name on the the list to speak because I came here to oppose the moratorium and the reason why I was opposing was because I actually thought that it included building permits for the average homeowner like myself who might put on room addition and then when that was clarified for me I took my name off the list now I'm back on the list because I really do oppose it because it does seem as though the moratorium is sort of fabricate fabricated to affect a select population of landowners that are within this residential area that we're speaking about and that just seems to me like that is um not as honest a tactic as we should take and i think that we should approach it we should approach the h1 overlay for what it does for us as homeowners and if it takes us a year to get there it takes us a year to get there but i don't think that we can stop progress in the meantime i do recognize that the council has an interest in doing some infilling and building corridors making best use of the landing corridors and i really do support that so i have to say that to oppose a project to to put in place a moratorium that essentially will prevent support for the council's efforts to infill it just doesn't make sense to me so i oppose Thank you. Yes, ma'am. We have your name and address. Sure. My name is Candace Wallace. I live at 130 Goodrich Avenue, and I'm here to just talk about briefly that I do support the moratorium. And the reason for this is we had a neighborhood meeting earlier in January where we met with Tracy Wade from Planning, and that's when the idea of a moratorium actually came up. and it was suggested to us that this was a possibility because we are getting ready to file our h1 application which we've been actually working on for over four months this isn't in reaction to anything that's happened in the neighborhood at all this has been going on since september we have knocked on so many doors and met actually so many amazing people throughout pensacola park i personally have sat in so many older ladies and drank a lot of tea as we talked to them and we didn't go into this with the thought of oh my gosh we're going to do an h1 overlay we went into this as what are your thoughts on this is this something this neighborhood wants because i think years before i lived in the neighborhood there were a lot of people who said yes we want it and there were a lot of people who said no we don't so we went into this with an open mind when we finished going around with after we had a lot of people say yes we do want to do this We want to move forward. We went back. We talked to planning again, and they said, well, we need signatures from owner-occupied or just owners. No renters in the area can sign it. After we went through that, we received over 270 signatures for people who want to pursue the H1 overlay out of 420. We also received all signatures from Hunter Presbyterian Church. they were in support of it as were our neighbors with El Toro restaurant and several of the other businesses in the area I guess I don't know how we also held a public meeting on November 5th where we sent cards out we invited everybody we have probably killed more trees informing people about this and that we were pursuing it we had over a hundred people in attendance at that public meeting with director kerr who presented about what h1 meant what it means to the neighborhood how it can increase some costs on neighbors what it does mean to be an actual h1 and the process it goes through we are asking simply for the moratorium simply as people can consider the h1 over so that council the board of architectural review and the planning commission can look over this as we go through it it is a long process we have worked hours every week we meet it is open mr wise you are welcome to come and attend it is every every tuesday night we meet we talk about this we talk about the issues moving forward we like i said four months we have invested in this a lot of time we know it's going to be another six to nine months and we would just like to preserve what's currently there retaining the status quo of what's there until it can move through the governmental processes that's all i have to say thank you very much thank you for your consideration thank you is there anybody else who has not had an opportunity please come forward my name is jerry gillespie i live at 164 penmokin park and my understanding is that the moratorium would allow an extended period of time for closer study of this whole project which I think would have been beneficial from the beginning of this project certainly for the City Planning Commission to have had or taken more time to study the details of this entire project because the zoning restriction the zoning change was passed I realized that's a done deal but there were also a couple of specific line items that were skipped over which allowed this developer to get this zoning change without fulfilling the proper requirements that are established to have a zoning change. So I think a moratorium for the council to be a little more careful than the planning commission was is a good thing. And I am definitely in favor of the H-1 overlay. Thank you. Yes, sir. Hi, my name is Mike Brower. Excuse me. My name is Mike Brower. I actually live across the street from the Penn Moken neighborhood in the Shady Lane area in the Southern Heights district. And I just would like to say that I've attended planning commission meetings and met in the open meetings with staff and back and forth, met with neighborhood association members and homeowners. and there just seems to be my opinion and opinion that I think of a lot of other people that I've had contact with that there is a rush to approve the infill and density concept through the comprehensive plan as sort of a Bible on how to proceed, but it appears to me that if the objective of this is to protect Lexington from being overdeveloped in the horse farms to protect the beauty and the aesthetics of our city that we sure don't want to, at the same time, even along corridors like Nicholasville Road, end up putting up bland townhouses and apartment complexes as people enter on these corridors. If you think about Nicholasville Road going south to about where the Penn Mocum neighborhood is and then in our neighborhood across the street, there really aren't many other areas there that aren't already developed in some commercial fashion. You get to Southland and you're done, right? And back up towards town, you're done. We're really talking about a couple of old neighborhoods that it would seem to me would serve the city best in terms of visitors and potential homebuyers. Yes, sir. I just want to remind you that the issue we're discussing is the moratorium, and we're not here to litigate at the moment. yes h1 overlay itself okay and i'm speaking in support of the moratorium on behalf of myself and potentially uh h1 overlay that i think that pros will most likely pursue in the southern heights neighborhood but and finally i'd just like to say we're talking about a few blocks here that doesn't satisfy the concept of infill when you've got the rest of the city inside the service boundary to look at open areas that could easily satisfy substantial infill without messing with with the openings and the gateways to these older neighborhoods with all this beautiful architecture and that's thank you thank you is there anybody else who has not spoken yes sir again if you give your name and address sure my name is Scott Hudson I live at 102 Wabash I'm in support of the moratorium and the one simple point I want to make tonight is about this relationship between the corridors and the neighborhoods. One speaker said that these are two separate things. Where I live I'm one house away from the corridor so the renters of Mr. Weiss's property, the Metsakis family, my children play with their children. Their basketball court is directly across from my front door. So it's I think false to say that the houses right on the corridor are somehow not connected to the neighborhoods to the other to the other houses that are part of the neighborhood. And so I think a moratorium is pretty important to consider just what areas of Lexington are being affected by the corridor and proposed changes there. Thank you. Thank you. Is there anybody else who wishes to speak? Yes, ma'am. My name is Mereth Birmingham Gillespie. I live at 164 Penn Moken Park with my husband Jerry. I've lived there 30 years. I am in support of the moratorium. I had took a little offense to Mr. Wise saying about the beauty of his home. Well, on Penn Moken Park, we have many beautiful homes. And the moratorium to me is to have you all take a look, a closer look, as well as planning commission on what you all are doing with your infill in areas where you have, we have the most unique neighborhoods from, I'm going to say Lackawanna, there's Wabash, Goodrich, us, Suburban, Penmocan, Rosemont. You don't have it anywhere else. You want us to look like something that's not unique or not within so close to the city and our downtown area. I think you are taking away from our city. And I am in favor of the moratorium, and I am in favor of the H1 overlay to try to make things, keep our craftsmen and our working class people to be able to have homes in nice neighborhoods just as nice as Mr. Jones's. Thank you. Even though they may not be as big. Please refrain, if you would. Is there anybody else who has not spoken who would like to speak to this issue? If not, I want to acknowledge that Mr. Wise was interested in speaking again, And I will offer the opportunity to counsel to make a motion to further suspend the rules and offer him another opportunity to speak. I have a motion and a second. Is there any discussion on the motion? Seeing none, all in favor, please say aye. Any opposed? That motion carries. Mr. Wise, please, three minutes. Thank you, Mr. Vice Mayor. I would just say once again that my mind is not made up. My actions speak louder than words. Thirty-four years I've owned it. I've never asked for a zone change. I'm not pro-development. I'm not planning on building townhouses or apartment buildings or anything. I'm willing and thought the small area plan was the way to go a while back. But I am against discrimination against a select property or two, which is what the plat I sent you all shows that my property and the estate property next door to me and Mr. Jones's property that was just approved by the Planning Commission are such huge tracts that they're the only ones that this moratorium affects. And the moratorium, as my neighbor brought up, just came in after 1847 was approved. So in January, mid-January, probably wasn't the first day of January. Today's the 31st. So sometime a couple of weeks ago, they decided, how can we stop anything else happening? Which, I'm on vacation. I'm not planning anything. But that's their method. Instead of contacting me, they want to discriminate against my property rights without due process, without notifying me. I've got a councilman that doesn't think enough of letting the centerpiece of the neighborhood know that we're planning to put a moratorium on my property. You know, and he brings it up a week ago. Excuse me. We ask that you not engage in basically comments about individuals, if you can refrain from that. If there's some procedure you don't like, that's fine. Certainly. Excuse me. But here we are, a discriminatory moratorium that just targets one or two properties, which is against the law. And he brought the Neighborhood Association is bringing you all in, So each one of you all are participating. If you pass this next week without giving the owners, which one owner is in the state, if you pass that without giving them notification that this is going on, you're basically taking away the due process and the property owner's rights that's guaranteed me under the Constitution. You know, the right to use my property as I see fit and not be controlled by 35 or 75 neighbors who want to single me out because I've got a large piece of property there. Once again, I don't have a plan, but I also have 35 years' worth of taxes I've been paying, upkeep, planning. And I'm at the age now where, you know, you want to utilize and maximize your ability, but I want to protect the neighborhood in the city of Lexington. I want to follow the comprehensive plan. I want to protect the corridor plan. I want to protect the farms and the development. I've got 21 seconds. So, you know, it's a complicated thing, but sneaking something in with a week's notice without contacting anyone, I'm not calling any names, is not the way to go. Thank you. Thank you. I want to recognize Council Member Ellinger on this topic. Thank you, Vice Mayor. I just wanted to, for those who maybe didn't watch on Tuesday, first of all, I want to thank all my neighbors because I live in this area. I'm 17 or 1823, so I'm between 1733 and 1915 Nicholsville Road and lived here for 30 years. It's a great neighborhood. I love the neighborhood. And so on Monday, I received the email that said there's going to be a walk-on for Tuesday for the moratorium. I called Tuesday morning to the law department, talked to the acting commissioner of law. They told me that I need to recuse because I have a conflict in this situation. So I just want to make sure for the clerk's benefit that for all these issues that you put recuse down for all the votes, please. Thank you. Thank you. I believe that would allow us to move on to the next item on our agenda, which would be ordinances for second reading. Madam Clerk, when you're ready, please give us the readings. Perhaps we'll let's take a five minute break and allow people who came for that issue to depart if they need to. And then we'll come back and have the reading. Thank you. Thank you. The End Thank you. Thank you. . 9, 10. We have a quorum in the house. Madam Clerk, when you're ready, if you would begin with ordinance of second reading. Thank you. Ordinance number one, an ordinance change in the zone for restricted highway service business B3 zone to a planned neighborhood residential R3 zone for 6.41 net, 8.69 gross acres for property located at 2679 Leestown Road. Whitesburg Redevelopment Company Limited, Council District 2, Item 2, an ordinance admitting certain of the budget, county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 15 and item three. An ordinance admitting the authorized strength by abolishing one vacant unclassified position of innovation director, grade 5 through 1E, and creating one unclassified position of administrative aid to mayor, grade 523E, and one unclassified position of administrative specialist, grade 513N in the office of the mayor, effective upon passage of council. That's the last, sir. Thank you. Thank you. Is there a motion to approve second reading? So, mayor. I have a motion, is there a second? Second. I have a motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. I'm sorry, we need a roll call. Please call the roll, Madam Clerk. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Ms. Evans? Yes. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. That's all I have, thank you sir. Thank you. That vote reflects the passage of the motion. That allows us to move to ordinances for a first read. Madam Clerk, when you're ready. Item four, an ordinance changing the zone from a restricted high density apartment R4 zone to a light industrial I1 zone for 4.43 net, 4.81 gross acres for properties located at 2370 Sandersville Road, C Brothers, LLC Council District 2. Item five, an ordinance change the zone from restricted planned neighborhood residential R3 zone to an unrestricted planned neighborhood residential R3 zone for 28.44 net, 29.74 gross acres. From a restricted plain neighborhood residential R3 zone to a high density apartment R4 zone for 9.3 net, 12.81 gross acres for property located at 2811 Spur Road, Anderson Communities, Council District 12. Item six, an ordinance demanding certain budget selection of the county government to reflect current requirements for municipal expenditures and appropriating reappropriate funds, schedule number 16. And finally, item seven, an ordinance admitting the title for ordinance number 102, 2018 to correct the admission of two unclassified public works, apprentice positions in the division of streets and roads, effective retroactive to December 6, 2018. Thank you, sir. Thank you. Are there any motions for walk-ons? Seeing none, any motions for suspension of the rules? Seeing none, that allows us to move to resolutions for second reading. Madam Clerk, when you're ready. Yes, sir. Item 1, a resolution accepting the bids to advance auto parts, Fleet Part Incorporated, IBM Moore Company, LLC, Cayman Fluid Power and Truck Pro LLC establishing price contracts for hydraulic hose fittings for the Division of Facilities and Fleet Management. Item 2, a resolution accepting the bid of Midwest Microimaging and Optical Storage Systems Incorporated, establishing price contract for micrographic services for the Office of the Fayette County Clerk. Item 3, a resolution accepting the bid of Lagco Incorporated in the amount of $203,462 for the Arrowhead Stormwater Improvements for the Division of Water Quality. And authorize the Mayor on behalf of the Urim County Government to execute an agreement with Lagco Incorporated related to the bid. Item 4, a resolution accepting the bid of ADS LLC in the amount of $324,990. $90 for temporary flow monitoring for the division water quality and authorizing direct the mayor on behalf of the county government taxing an agreement with ADS LLC related to the bid. Item five, a resolution accepting the bid of Herod Concrete and Stone Company Incorporated, established a price contract for wet mix concrete for the division of Streets and Roads. Item six, a resolution accepting the bid of Custom Signals Incorporated, established a price contract for speed monitoring radar trailers for the division of police. Item seven, a resolution accepting the bid of Wildcat Window Tinning LLC, established a price contract for vehicle undercoating and rust proofing for the division of Facilities and Fleet Management. Item 8, a resolution to accept the bid of Lenco Industries Incorporating the amount of $303,208 for armored response vehicle for the Division of Police. Item 9, a resolution to accept the bid of Texas A&M Engineering Extension servicing the amount of $31,065 for ordinance recognition training for the Division of Police and authorizing the Mayor on behalf of the county government to exceed any necessary agreement related to the bid. Item 10, a resolution to accept the bid of Ron Cooper Company Incorporated, established a price contract for record keeping supplies for the Office of Fayette County Clerk. Item 11, a resolution to accept the bid of AWP Incorporated, contract for traffic sign installation and maintenance for the division of traffic engineering. Item 12, a resolution to accept the bid of WRC1 LLC, DBA, W Rogers Company, the amount of $1,169,959 for WGPL storm sewer project, Wabash, Goodrich, Pensacola, Lackawanna for the division of water quality and authorize the mayor on behalf of the county government to exceed an agreement with WRC1 LLC, DBAW Rogers Company related to the bid. Item 13, a resolution to accept the bid of ATC Outdoor DAS LLC in accordance with the provisions of ordinance number 69, 2016, Creating an offering for sale, a franchise for the operation of a non-exclusive telecommunications or related non-cable system at Fayette County. Authorizing the Mayor on behalf of the URM County Government. To execute a franchise agreement with ATC Outdoor DAS LLC incorporating the terms and conditions of ordinance number 69, 2016. Item 14, a resolution accepting the bid of GTE MobileNet, DBA Verizon Wireless, Cellco Partnership, DBA Verizon Wireless. In accordance with the provisions of ordinance number 69, 2016, creating an offering for sale, a franchise for the operation of a non-exclusive telecommunications or related non-cable system at Fayette County. Authorized in the Mayor, we have the Eurom County government executive franchise agreement with GTE MobileNet, DBA Verizon Wireless, Cellco Partnership, DBA Verizon Wireless, incorporating the terms and conditions of ordinance number 69, 2016. Item 15, a resolution except the bids of Bountree Medical LLC, Epic Medical Supply Corporation, Grogan's Healthcare Supply Incorporated, Quad Med, and Southeastern Emergency Equipment and establishing price contracts for emergency medical supplies for the addition of fire and emergency services. Item 16, a resolution ratifying the probationary classified civil service appointments of Elizabeth Seaburn, Administrative Specialist Principle, Grade 518N, 24.735 hour on the individual water quality, effective December 24, 2018. Jessica Bailey, Administrative Specialist, Grade 513N, 17.395 hour on the Division of Facilities and Fleet Management, effective February 4, 2019. Michael Rural Heavy Equipment Technician, Grade 516N, 19.737 hour on the Division of Facilities and Fleet Management, effective January 2019. And Abigail Cairns, Administrative Specialist, Grade 513N, 17.528 hour on the Division of Parks and Recreation, effective February 4, 2019. Ratifying the permanent classified civil service appointments of Brian Beasley, Project Manager, Grade 517N, 23.142 hourly in Division of Streets and Roads, effective December 25th, 2018. Greg Talby, Public Service Supervisor, Grade 514N. 23.369 hourly in Division of Streets and Roads, effective December 7th, 2018. Brian Wright, Equipment Operator Senior, Grade 512N. 16.982 hourly in Division of Streets and Roads, effective November 7th, 2018. Eddie McIntosh, Traffic Signal Technician, Senior, Grade 515N. 21.420 hourly in Division of Traffic Engineering, effective December 25th, 2018. Christine Toon, Environmental Initiative Specialist, Grade 518N. 24.172 hourly division environmental services effective november 14 2018 edward morris security supervisor grade 514 and 19.380 hourly division of department of public safety effective december 11 2018 jessica trumbo social worker grade five three e 1486.72 bi-weekly in the division of family services effective january 16 2019 michella saturday telecommunicator senior grade 517 and 21.052 hourly in the division of emergency management 911 effective january 24 2019, Kiera Black, telecommunicator senior grade 517N, 20.74 hourly in the Division of Emergency Management 911, effective January 23rd, 2019, Jennifer Yeager, telecommunicator grade 514N, 19.095, hourly in the Division of Emergency Management 911, effective December 25th, 2018, Kristen Wallace, telecommunicator grade 514N, 18.633, hourly in the Division of Emergency Management 911, effective January 9th, 2019, Michael Rowe, heavy equipment mechanic, apprentice, grade 511N, 16.006, hourly in the Division of Facility and Fleet Management, effective December 4th, 2018, Steve Smith, custodial worker, grade 505N, 12.443 hourly, division of facility and fleet management, effective December 18, 2018. Sarah Adams, custodial worker, grade 505N, 12.165 hourly, division of facilities and fleet management, effective December 11, 2018. Anthony Jackson, recreation supervisor, grade 514E, 1592.08 by week in the division of parks and recreation, effective January 9, 2019. And Jeffrey Nally, code enforcement officer, grade 516N, 20.477 hourly, division of grants and special programs, effective January 2, 2019. ratifying the probationary sworn appointments of Matthew Merker, Police Sergeant, grade 315N, 31.772 hourly, in the Division of Police, effective February 4, 2019. Randall Patterson, Fire Major, grade 318E, 3916.85, Bi-Watley, in the Division of Fire and Emergency Services, effective January 7, 2019. Nicholas Bodkin, Fire Captain, grade 316N, 26.357 hourly, in the Division of Fire and Emergency Services, effective January 7, 2019. Wesley Watts, Fire Captain, grade 316N, 26.357 hourly, in the Division of Fire and Emergency Services, Effect January 7, 2019, Jessica Bowman, Fire Captain, Grade 316N. 14.184 hourly, Division of Fire and Emergency Services, effective January 5, 2019, Justin D, Fire Captain, Grade 316N. 26.357 hourly in the Division of Fire and Emergency Services, effective January 4, 2019, Adam Day, Fire Lieutenant, Grade 315N. 20.593 hourly in the Division of Fire and Emergency Services, effective January 4, 2019, Jackery Ferguson, Fire Lieutenant, Grade 315N. 20.593 hourly in the Division of Fire and Emergency Services, effective January 4, 2019, John Girardi, Fire Lieutenant, Grade 315N, 20.593 hourly in Division of Fire and Emergency Services, effective January 5, 2019. Christopher Sutton, Fire Lieutenant, Grade 315N, 20.593 hourly in Division of Fire and Emergency Services, effective January 7, 2019. Zachary Ryder, Fire Lieutenant, Grade 315N, 20.593 hourly in Division of Fire and Emergency Services, effective January 7, 2019, ratifying the unclassified civil service appointments of Andeshae Willis, Chief Deputy Coroner Senior, Grade 518N, 28.572 hourly in the office of the coroner, effective February 4, 2019, and Patrick Haley, Chief Deputy Coroner, Grade 517 and 24.812 hourly in the office of the coroner. Effective February 4, 2019, ratifying the classified civil service voluntary demotion of Augustus Stanford Public Service. Grade 517 and 3980 hourly in the Division of Waste Management. Effective December 20, 2018, ratifying the unclassified civil service voluntary demotion of Ronald King Deputy Coroner. Grade 515 and 22.125 hourly in the office of the coroner. Effective February 4, 2019, ratifying the unclassified civil service appointments to the Office of the Urban County Council of Kenny Bishop. Aide to Council, Gate 518E2611.20, biweekly in the Office of the Irving County Council, effective January 7, 2019. Ratifying the unclassified civil service appointment to the Office of the Mayor, Craig Kamek, administrative aid to the Mayor, Grade 523E2979.04, biweekly in the Office of the Mayor, effective January 7, 2019. Item 17. A resolution authorizes the mayor on behalf of the American government to execute a sale on installation agreement and amendment thereto with Simplex Grinnell LP for the design, installation, and certification of a sprinkler system in the amount of police barn at 575 West 6th Street, Lexington, Kentucky, and cost not to receive $48,500, item 18. A resolution authorizes the mayor on behalf of the American government to execute a licensing agreement with a quick series for the iOS Android Be Ready Lexington mobile app at no cost to the government, item 19. A resolution authorizes the mayor and behalf of the urban county government to execute a first amendment to lease agreement with Partners for Youth for the relocation of Partners for Youth from the Phoenix building at 101 East Fine Street to the Government Center Annex at 162 East Main Street, room 210, at no cost to the urban county government, item 20. A resolution approving pursuant to section 22.55.1 of the Code of Ordinances, the bond with surety of Kenneth Wayne Winburn, second district constable, $10,000, and directing the Division of Risk Management to record the bond with surety along with a certified copy of this resolution in the office of the Fayette County Clerk, item 21. It was just authorizing direct the mayor may have to accept a grant for the United States Department of Justice which grant funds in the amount of $30,869 federal funds in the 2017 state criminal alien assistance program for the reimbursement of costs related to the incarceration of undocumented criminal aliens. The acceptable which does not obligate the government for the expenditure funds and authorize the mayor to transfer uncovered funds within the grant budget. Item 22. It was just authorizing the mayor may have to take change from number two to the contract with Brighton Roofing, a Tecta America Company LLC for the police training center roof replacement project. increasing the contract price for the sum of $35,332.89, from $259,737.84 to $295,070.73, and adding 67 work days to the construction schedule. Item 23, resolution authorizes the Director of the Mayor, and we have the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Medical Services and to provide any additional information requested in connection with this grant application, which grant funds in the amount of $10,000 Commonwealth of Kentucky funds for fiscal year 2020 and offer the purchase of mass casualty equipment for the Division of Fire and Emergency Services. Item 24. Bluegrass Baseball Club, 921.44. Phillip Memorial Church, 636.12. Lexington Swingers Golf Club, Incorporated, 1616. You Educate You, 1658.92. El Shaddai Temple, House of Yahweh, 1472. Ambassadors Christ Ministry, 1980. New Beginnings Youth Department, 1736.12. JRC Crew, 728.2057.32. Lexington Swingers Golf Club, Incorporated, 2238.45. You Educate You, 1979.40. Royal Priesthood Ministries, 1704.12. House of Prayer, 828.10. bluegrass baseball club 722.08 christ united methods church bsa number 220 1304.12 bluegrass chapter order of dmla 1332.32 dunbar men's soccer team third excuse me 1103.60 taste creek christian church bsa number 59 1567.20 emmanuel baptist church bsa number 41 1231.68 new beginnings house of prayer 1265.40 bsa troop 98 1157.40 house of prayer 1038.28 new beginnings house of Prayer 1401, Dunbar Men's Soccer Team 1621.40, Boy Scout Street number 110, 1820.85, Sisters Road to Freedom 2024, Apostolic House of Prayer 1705.95, JRC Crew 728, 1980.24, Bluegrass Baseball Club 1984.72, and JRC Crew 728, 1970.80 for participation in the Adopt-Spot Roadway Cleanup Program at a cost not to exceed $52,635.67. Item 25. A resolution authorized and direct the mayor on behalf of your mechanic. Purchase of service agreement with the Hope Center for the operation of a street outreach program at a cost to exceed $56,250. Item 26. Resolution authorizes and direct to the mayor on behalf of the Urban County Grappate Xe change order number one final to the agreement with ATS and Stretching for the Manowar Boulevard and Richmond Road project, decreasing the contract price by the sum of $34,270.84 from $250,103.75 to $215,832.91. Item 27. Resolution authorizes and direct to the mayor on behalf of the Urban County Grappate Xe and an agreement with the University of Kentucky Albert B. Chandler Medical Center for the provision of space in the University of Kentucky Hospital Emergency Room for Use as a Clinical Practice Area for the Sexual Assault Nurse Examiner Program for fiscal year 2019 at a cost not to exceed $3,000. Item 28. A resolution authorizes and direct the mayor on behalf of the Urban County Government to exceed an agreement with the Commonwealth of Kentucky's Department of Community-Based Services for certification of the Family Care Center as a vendor for the state-funded child care assistance program at no cost to the Urban County Government. Item 29. A resolution authorizes and direct the mayor on behalf of the Urban County Government to exceed a memorandum of understanding with the United States Marshal Service Violent Offender Task Force for participation in the task force at no cost to the government. Item 30, a resolution authorizes and direct the mayor on behalf of the urban county government to execute a memorandum of agreement with Alpha Company 4th Law Enforcement Battalion for shared personnel at no cost to the government. Item 31, a resolution authorizes the mayor on behalf of the urban county government to execute an agreement awarding a Class B Education Incentive Grant to the Living Arts and Science Center Incorporated for Stormwater Quality Projects at a cost to exceed $32,842. Item 32. The resolution authorizes the mayor on behalf of the Urban County Department to execute change order number one to the contract with Link Electric Company Incorporated for the Pam Miller Downtown Arts Center Lighting and Controls Upgrade Project, increasing the contract price by the sum of $3,922 from $154,340 to $158,262. Item 33. The resolution authorizes the mayor on behalf of the Urban County Department to execute a memorandum of understanding with the Kentucky State Police Internet Crimes Against Children Program for participation in the task force at no cost to the government. Item 34, resolution approving pursuant to KRS 62.055 in section 22-55.1 of the code of ordinances, the bond with surety of Donald W. Blevins, Jr., county clerk, $400,000, and directing the Division of Risk Management to record the bond with surety along with a certified copy of this resolution in the office of the Fayette County Clerk, item 35. A resolution authorizes and direct the mayor on behalf of the county government to exceed an agreement with the University of Kentucky Department of Educational School and Counseling Psychology for the placement of practicum students in the Office of Homelessness Prevention and Intervention and a cost net to exceed $24,000. Item 36, resolution authorizes the mayor on behalf of the mechanic-repidant tax sheet chain number one to the agreement with Smith Contractors Incorporated for the West Hickman 7th Pump Station and West Weather and Wet Weather Storage Tank Project, increasing the contract price by the sum of $476,733 from $10,053,000 to $10,929,733 and extending the date of completion by 103 days to April 15, 2019. Item 37. A resolution to authorize the mayor on behalf of the county government to exceed certificates of consideration and other necessary documents and to accept deeds for property interest needed for the cane run trunk sewer project, a remedial measures project required by the consent decree, and a cost to exceed $16,250. Item 38. A resolution to authorize the mayor on behalf of the county government to exceed the certificate of consideration and other necessary documents and to accept a deed for the property located at 1871 Pensacola Drive for the Wabash Goodrich Pensacola Lackawanna WGPL Stormwater Improvements Project, and a cost to exceed $160,000. Item 39. I'm sorry, Madam Clerk, we'll pause before the reading of number 40 for a public hearing. This is a public hearing on the amendment to the annual, excuse me, the 2017 Annual Action Plan Funds. I now open the public hearing. Are there any comments from the public? Seeing none, are there any comments from council members? Seeing none, the public hearing is now closed. Madam Clerk, you may continue with the reading of resolutions. Thank you. Yes, sir. Item 40, resolution approving and adopting a substantial amendment to the 2017 annual action plan, decreasing funds for the Community Action Council Youth 180 program's $10,000 and reallocating those funds to the Realtor Community Housing Foundation Ramp Program, $2,000, and authorize the mayor to transfer undercumper funds within the grant budget. Item 41, a resolution authorizes the mayor, behalf of the county government, texting an agreement awarding a Class A neighborhood incentive grant to Waterford II Homeowners Association Incorporated for stormwater quality projects that have cost to exceed $16,132. Item 42, resolution authorizes the mayor, behalf of the county government, texting an agreement awarding a Class B infrastructure incentive grant to Growing Together Preschool Incorporated For stormwater quality projects that are costing it to exceed $17,852. Item 43, a resolution authorizing the Mayor, we have the Urban County Government to exceed an agreement with the Lexington Fayette County Health Department for the provision of workers compensation for Lexington Fayette Medical Reserve Corps at no cost to the government. Item 44, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement awarding a Class B Infrastructure Incentive Grant to Opportunity Workshop of Lexington Incorporated, DBA Opportunity for Work and Learning Incorporated for stormwater quality projects that are costing it to exceed $300,000. A resolution authorizing the mayor on behalf of the urban county government pursuant to the jobs fund program to exceed a loan agreement and related documents with elite RAD reporting LLC DBA Think Health in an amount not to exceed $250,000 for the creation and retention of at least five new jobs with an average hourly wage at least $30 exclusive of benefits. And finally, number 46, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement Louisiana Avenue Neighborhood Association, $450 for the office of the Urban County Council at a cost net to exceed the sum stated. Thank you. Is there a motion to approve second reading of resolutions? So moved. Second. I have a motion and a second. Any discussion on the motion? Seeing none, Madam Clerk, please call the roll. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Plumman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Ms. Evans? Yes. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. And Ms. Lamb? Yes, ma'am. Thank you, sir. Thank you, that vote reflects passage of the motion. That allows us to move on to resolutions for first reading. Madam Clerk, when you're ready. Yes, sir, item 47. It was an author as the mayor on behalf of the county government to exceed a one year extension of the contract from the Redding and Management Corporation for Facility Management Services for the Fayette County Courthouses at a cost not to exceed $949,268.53. Item 48, a resolution authorizes the mayor on behalf of the government to execute an addendum to the Memorandum of Understanding from the Lexington Fayette County Health Department for fats, oil, and grease training services, renewing the Memorandum of Understanding for a period of one year at a cost to exceed $1,200. Item 49, a resolution authorizes the mayor on behalf of the government to execute certificates of consideration and other necessary documents and to accept these for property and interest needed for the Lansdowne South Trunk Sewer Project, a remedial measures project required by the consent decree, and a cost to exceed $45,000. Item 50, a resolution authorized by the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents, and to accept deeds for property interest needed for the Wolfram BNC trunk sewer project, a remedial measures project required by the consent decree, and a cost to exceed $46,100. Item 41, a resolution authorized by the mayor on behalf of the urban county government to execute channel number three to the agreement with Banks Engineering Incorporated for the Southland Area Stormwater Improvement Project, Increase the contract price by the sum of $39,800 from $448,615 to $488,452. It was just authorized the mayor on behalf of the county government to take an agreement with Casa de la Cultura, Kentucky, $1,950. East End Community Development Corporation, $750. Lafayette High School Track and Field Booster Club, $675. Kentucky Chinese American Association, Incorporated, $950. Sisters Road to Freedom, $1,150. Elected in District Branch, No. 23 of Navvets Incorporated, $200. Martin Luther King Neighborhood Association incorporated $800 in the Lexington Academy of Barbering incorporated $250 for the office of the Urban County Council. It costs not to see the sum stated item 53. The resolution except the bid of the Allen Company incorporated in the amount of $605,213 to save five cents for the West Hickman South Trail Project for the Division of Engineering. Authorized the mayor on behalf of the Urban County Council with the Allen Company related to the bid. 154, resolution except the bid of Hydraulic Specialists Incorporated establishing a price contract for hydraulic cylinder repair for the division of facilities and fleet management. Item 55. Amarillo's and ratified in the probationary class-side civil service appointments of James Garthie, Deputy Director, Streets and Roads, Grade 524E, $3,008.40, bi-weekly in the Division of Streets and Roads, effective February 4, 2019. Kaseen Wayne, Human Resources Manager, grade 525E, 2526.44, bi-weekly in the Division of Human Resources, effective February 4, 2019. Amanda Bauer-Massey, Property and Evidence Technician, grade 513N, 20.036 hourly in the Division of Police, effective February 4, 2019. And Irma Bennett, Family Services Center Manager, Grade 524E, 2332.96 biweekly in Division of Family Services, effective February 18, 2019. Ratifying the permanent classified civil service appointments of Walter Frazier, Vehicle and Equipment Technician, Grade 5 and 4, and $20 hourly in Division of Facilities and Fleet Management, effective January 9, 2019. Jackie Robinson, Service Rider, Grade 510, and $21 hourly in the Division of Facilities and Fleet Management, effective January 23, 2019. And Patrick Sharkey, Fleet Parts Specialist, Grade 510, and 16.447 hour in the Division of Facilities and Fleet Management. Effective February 6, 2019, ratifying the probationary sworn appointments of Thomas Sr. Grider, Police Sergeant, Grade 315N, 31.772, Hourly Division of Police, effective February 4, 2019. And Daniel Dinsmore, Fire Lieutenant, Grade 315N, 20.593, Hourly Division of Fire and Emergency Services, effective January 10, 2019. And ratifying the Classified Civil Service Council leave of John Purdy, Police Officer, Grade 311N, 31.149, Hourly Division of Police, effective January 30, 2019, through March 31, 2019. Item 56. The resolution authorizes in division of human resources to make a conditional offer to the following probationary classified civil service appointments. Tiffany Brown, telecommunicator, grade 514N, 18.081, hourly, division of emergency management 911. Effective February 4, 2019, Andrea Bolin, administrative specialist, grade 513N, 70.134, hourly, division of police, effective upon passive counsel. And Robert Willis, code enforcement officer, grade 516N, 298, hourly in the division of grants and special programs, effective February 19, 2019, and authorizes in the division of human resources to make a conditional offer to the applying probationary or Community Corrections Officer Appointments, Erica Hinman, William Hinman, and Nathaniel Hickerson. All Community Corrections Officer Recruit, Grade 110 and 50.384, Ireland Division of Community Corrections, effective upon passing up to Council. Item 57, a resolution approving the unclassified civil service appointments of Sarah Hamilton, Chief Administrative Officer, Grade 539E, 5599.44 biweekly. In the office of the CAO, effective January 7, 2019, William O'Meara, Commissioner of Finance, Grade 536E, 5153.52 biweekly. In the Department of Finance, effective January 7, 2019, Kenneth Armstrong, Commissioner of Public Safety, Grade 538E. 5094.16, by weekly in the Department of Public Safety, effective January 7, 2019. Christopher Ford, Commissioner of Social Services, Grade 536E. 4705.44, by weekly in the Department of Social Services, effective January 7, 2019. Jeffrey Reed, Commissioner of General Services, Grade 536E. 5094.16, by weekly in the Department of General Services, effective January 7, 2019. Aldona Valicenti, Chief Information Officer, Grade 536C, 5491.76, biweekly in the Department of Information Technology, effective January 7, 2019. And Susan Speckert, Commissioner of Law, Grade 538E, 5380.80, biweekly in the Department of Law, effective February 4, 2019. Item 58. A resolution imposing a moratorium on zone map amendment applications and demolition permits for all properties located within the proposed Pensacola Park Area Historic District's H1 overlay zone more specifically defined as the following properties. 1733 through 1950 Nicholasville Road, addresses only, excluding 1847 Nicholasville Road. Chesapeake Drive, no addresses, 96 through 171 Goodrich Avenue, 101 to 224 Lackawanna Road, 1855 through 1859 Norfolk Drive, 101 through 177 Penn Moken Park, 1847 to 1877 Pensacola Drive, 108 through 199 Rosemont Garden, 105 to 175 suburban court, and 101 through 166 Wabash Drive, in the Division of Planning to refuse to accept more process applications for zone change and direct the Division of Building Inspection to refuse to accept applications for demolition permits for these properties. Establishing the purpose of this moratorium is to give the Planning Commission and the Urban County Government time to consider and take action on an H-1 overlay zone application to be initiated by the Planning Commission for these properties and setting the duration of the moratorium to be six months or until the Council takes final action on the proposed Pensacola Park Area H-1 overlay zone, whichever event occurs first. Item 59. The resolution authorizes the mayor on behalf of the U. Mekinney government to exceed agreements with FDHS swim and dive boosters incorporated $500, Lexington Rescue Mission 900, and 16th District PTA care of Hayes Middle School $600. With the opposite of the U. Mekinney Council, the class that precedes the system stated item 60. The resolution authorizes the mayor on behalf of the U. Mekinney government to execute an agreement warning a class B infrastructure incentive grant to Northeard LLC for stormwater quality projects that cost it to exceed $24,912.80, item 61. The resolution is not authorized and direct the mayor on behalf of the Urban County Government to accept a grant from the local records branch of the Kentucky Department for Libraries and Archives, which grant funds are in the amount of $11,670 Commonwealth of Kentucky funds, and a further codification of LFUCG's zoning ordinance on an online platform, the acceptance of which does not obligate the Urban County Government for these furniture of funds, and authorize the mayor to transfer unencumbered funds within the grant budget, item 62. The resolution is not authorized and direct the mayor on behalf of the Urban County Government to submit three grant applications to the Kentucky Transportation Cabinet to provide any additional information, question and connection with these grant applications, and to accept the grants if the applications are approved, which grant funds are in the amount of $208,559.50 federal funds, or for the Traffic Safety Program, $66,455, the Speed Enforcement Project, $77,208.50, and the Occupant Protection Program, $64,896, the acceptance of which is to obligate the urban county government with these funds and authorize the mayor to transfer undercover funds within the grant budget, item 63. A resolution authorized and direct the mayor on behalf of the urban county government to execute a purchase of service agreement with Children's Advocacy of the Bluegrass for forensic interviews at a cost not to exceed $50,000. Item 64, a resolution authorized in the mayor on behalf of the Urban County Government to exceed a facility usage agreement with the Fayette County Board of Education for a fire recruit testing site at a cost not to exceed $1,500. Item 65, a resolution authorized in Division of Police on behalf of the Urban County Government to purchase custom manufactured boxes for patrol wagons from Mavron Incorporated, a sole source provider at a cost to exceed $39,343. Item 66, a resolution authorized in the director of the mayor on behalf of the Urban County Government to exceed an agreement with Telcordia Technologies Incorporated, DBAI Connective, a sole source vendor to manage telephone portability between carriers that cost not to exceed $6,000. And finally, item 67, a resolution rescinding resolution number 156-94, which direct the appropriation for payment of a 27th pay period and authorize and direct the Department of Finance and Division of Budgeting to eliminate the reservation of any existing funding toward a 27th pay period or 27th payroll, with any such funding allocated or reallocated in accordance with fiscal year 2018 fund balance determinations. Thank you, sir. Thank you. Are there any motions for walk-ons? Are there any motions for suspensions of the rules for second reading? Councilmember James Brown. Thank you, Vice Mayor. I'd like to make a motion to suspend the rules and give second readings to number 52 and 59, their NDFs request. Have a motion on numbers 52 and 59, is there a second? I have a motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Yes, more. And then Vice Mayor, I'd also like to ask for a motion to suspend the rules and give second reading to number 55, 56, and 57, their conditional offers appointments and promotions. So moved. Second. I have a motion and a second on 55, 56, and 57. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Thank you. Are there any other motions for suspensions? Seeing none, Madam Clerk, do you have a second reading to those items? Thank you. Thank you. Academy of Barbering, incorporated $250 for the Office of the Urban County Council and a class not to exceed the sum stated. Item 55. A resolution ratifying the probation and classified civil service appointments of James Garthie, Deputy Director, Streets and Roads, Grade 54E, $3,008.40. Bi-weekly in the Division of Streets and Roads, effective February 4, 2019. Kasheen Wayne, Human Resources Manager, Grade 525E, 2526.44 Bi-Weekly Division of Human Resources, effective February 4, 2019. Amanda Bauer-Massey, Property and Evidence Technician, Grade 513N, 20.036 Hourly Division of Police, effective February 4, 2019. And Irma Bennett, Family Services Center Manager, Grade 524E, 2332.96 Bi-Weekly Division of Family Services, effective February 18, 2019. Ratifying the permanent classified civil service appointments of Walter Frazier, Vehicle and Equipment Technician, Grade 514N, $20 Hourly Division of Facilities and Fleet Management, effective January 9, 2019. Jackie Robinson, service writer, grade 510N, $21 hourly in the Division of Facilities and Fleet Management, effective January 23rd, 2019. And Patrick Sharkey, Fleet Parts Specialist, grade 510N, 16.447 hourly in the Division of Facilities and Fleet Management, effective February 6th, 2019, ratifying the probationary sworn appointments of Tom Zena Grider, Police Sergeant, grade 315N, 31.772 hourly in the Division of Police, effective February 4th, 2019. And Daniel Dinsmore, Fire Lieutenant, grade 315N, 20.593 hourly in the Division of Fire and Emergency Services, Effective January 10, 2019 and ratifying the classified civil service. Council leave of John Purdy, police officer, Queen 311N, 31.149 hour, on the division of police, effective January 30, 2019 through March 31, 2019. Item 56, a resolution authorizes the division of human resources to make a conditional offer to defying probationary classified civil service appointments. Tiffany Brown, Telecommunicator, grade 514N, 18.081 hourly, Division of Emergency Management 9-1-1, effective February 4-2019, Andrea Boland, Administrative Specialist, grade 5-3-N, 7.134 hourly, and Division of Police, effective upon passive counsel, and Robert Willis, Code Enforcement Officer, grade 5-6-N, 21.398 hourly, and Division of Grants and Special Programs, effective February 19-2019, and authors in Division of Human Resources to make a conditional offer to define probationary community corrections officer appointments, Erica Hinman, William Hinman, and Nathaniel Hickerson, all community corrections officers, to recruit grade one one zero and 50.384 hourly in the division of community corrections, effective upon passative council. Item 57, a resolution approving the unclassified civil service appointments of Sarah Hamilton, Chief Administrative Officer, Grade 539N, 5599.44 by weekly in the office of the CAO, effective January 7, 2019. William O'Meara, Commissioner of Finance, Grade 536E, 5153.52 by weekly in the Department of Finance, effective January 7, 2019. Kenneth Armstrong, Commissioner of Public Safety, Grade 538E, 59 to 4.16 by weekly in the Department of Public Safety, effective January 7, 2019. Christopher Ford, Commissioner of Social Services, Grade 536E, 4705.44 by weekly in the Department of Social Services, effective January 7, 2018. Jeffrey Reed, Commissioner of General Services, grade 536E, 59 to 4.16 by weekly in the Department of General Services, effective January 7, 2018. Aldona Valicente, Chief Information Officer, Grade 536E, 5491.76 by weekly in the Department of Information Technology, effective January 7, 2018. And Susan Specker, Commissioner of Law, Grade 5380.80, biweekly and Department of Law, effective February 4, 2019. Thank you. Is there a motion? There's one more, sir. I'm sorry. Just one more. Yep. Item 59. Don't be in a rush. A resolution authorizes the mayor on behalf of the Airmen County Government to execute agreements with FDHS swim and dive boosters incorporated $500, Lexington Rescue Mission $900, and 16th District PTA, Curve Hayes Middle School $600 for the opposite of the Airmen County Council. It can't succeed as I'm stated. Thank you. Now, is there a motion? Second. A motion and a second. Any discussion on the motion? Seeing none, Madam Clerk, please call the roll. Mr. McCurn. Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Mazzotti? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Ms. Evans? Yes. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. And Ms. Lamb? Yes, ma'am. Thank you, sir. Thank you. That vote reflects passage of the motion. That would bring us to communications from the mayor. Is there a motion to approve? So moved. I have a motion and a second. Any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Brings us to communications for the mayor. Those are from information only. then there is no disciplinary hearing this evening or information brings us to announcements council members if you have announcements please log in council member warley thank you mayor i uh i saw that council member brown had an opportunity to go down and greet them but i just want to say welcome to our scouts that come here tonight i'm sure working on a badge but we're very glad to have you and your parents and i believe you've sibling here too i got to see a great meeting tonight with the vigorous public debate and then very long reading of ordinances and resolutions but just want to say thank you for being here and if you have any questions i know each and every one of us be happy to answer but whoever your council member is i know would love to hear from you so welcome and have a good evening thank you councilmember massardi well from what i understand these are my boy scouts council member district nine boys would you stand up and let us know who you are Hi, I'm John Andrew. I'm a scout from 241 and I'm in 8th grade. Hi, I'm Brooks Goldman. I'm a scout from 241 and I'm in 7th grade. Very good. Thank you for coming tonight. Thank you. I see no other council members signing for announcements. We are now to public comments. Are there any further public comments? I believe there are none that would allow me to ask for a motion to adjourn. I'll move. A motion in a second. Without objection, we stand adjourned. you