♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ Welcome to this week's Parks Minute. Volunteers are needed to help a local Eagle Scout plant 400 northern red oaks at Raven Run. This tree planting will take place from 9 a.m. to 4 p.m. on Saturday, April 11. In the event of inclement weather, the planting will take place the following day. Come out to McConnell Springs at 11 a.m. on Saturday, April 11 and celebrate Arbor Day. Participants will first go on a hike and learn how to identify some of the native trees and learn about their historical uses. Individuals are then encouraged to stay and help the staff plant native trees at the park. This free program is appropriate for all ages. The Castlewood Community Center will host an egg hunt at 11 a.m. on Saturday, April 11. This free event is for youth ages 3 to 12 years. The egg hunt will take place in Castlewood Park. All eyes will be on the skies as Kite Fest returns for another year. Come out to Jacobson Park from noon to 4 p.m. on Saturday, April 11 and celebrate National Kite Month. This colorful event will include face painting, kite making and special entertainment. Concessions will be available for purchase throughout the day or families may pack a lunch and picnic in the park. Kite Fest is brought to you by Parks and Recreation, Fox 56, Mix 94.5 and Cricket Wireless. Raven Run will hold their Wildflowers of Spring program at 1 p.m. on Saturday, April 11. Join naturalist Brian Perry as he leads a group to explore the forests of this park in search of early spring wildflowers. Many of the species carpet the hillsides and provide breathtaking displays. Don't forget to bring your camera. That's this week's Parks Minute. For more information, visit the park's website at www.lexingtonky.gov. I'm Stacey Diamond and I'll see you next time. On the meeting rundown, it's back to work after spring break for us here at LFUCG. The council and other government agencies have a full slate this week. As you view the schedule, don't forget to check out the city's website, lexingtonky.gov, for details on new programs and events with the urban county government. ¶¶ Don't forget, Reforest the Bluegrass, Saturday, April 11, Shillito Park. Lots of volunteers are needed to plant 7,000 trees in just a little over five hours. That wraps it up for this week's show, but we'll be back next week with more news and information from your Lexington-Fayette urban county government. For Lexington Now, I'm David Sullivan, and that's it for now. ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ Approximately maybe 8 feet or so to the front of the dumpster pad and then it goes back another probably 12 feet or so So you're asking Mrs. Means or the other means property owner to pretty much Blacktop all behind your addition the where you put the addition you're asking her to do that when she develops You're getting the land you're asking her to blacktop right mr. Rochelle Fair characterization Although mr. Elias Does not in any way need? This blacktop area is appropriate parking or his entire for his daycare center Is served by this parking? He has absolutely other than being cooperative and wanting the best traffic flow in that area He has no reason to ever blacktop if it weren't if we weren't here for an access easement It could be a play area could be many things that he could use it better for But he is he is willing to grant the access easement because he understands the importance of that Thank you any other questions for mr. Rochelle Mr. Owens, mr. Rochelle, if you could since This was approved in January Can you explain why there's been a change in heart as far as one morning? Put this easement or access road in with by your outcome because he or his representative Approved it in January. I Can do the best of my ability? When It was approved the client, mr Elias simply didn't know that he would be required to build the road before he could get his building permit and he only discovered that During that process and sought my advice and and I said if all the facts were known by the Planning Commission, they might reconsider It's a little confusing to me if you look at the requirements it doesn't say it has to be paved It just says there has to be an access easement But I think if there was some discussion by this body that you all wanted it paved and So as staff has gone through they said we're not gonna agree with you Mr. Rochelle that we don't have to pay with the Planning Commission at their initial meeting there was some discussion as I understand that would be paid and please go back to the Planning Commission and ask for clarification and relief if you will and It is I would hope to be very powerful to you and your consideration both your staff and The traffic engineer agree that this this is and and recommend approval of this request and And I think that's very important. I don't know if that's responsive to your question We sent the applicant who is here simply didn't know we had to do it and if that was explained to him by his prior representative or whatever As well as it should have been he would he did not become aware of until recently and he's seeking your practical Consideration or excuse me practical reconsideration that you can still Anticipate the planning in this area, but not require construction, which may never be used if you mentioned The road being built prior to him getting a building permit and in terms of practice practicality as you mentioned Would he be willing to bond this road until such time that it's needed? Well, it's it's interesting. He raised that we went down that road. This is a private road and it cannot be bonded It's a private road and cannot be bonded at some point possibly in the future the means property made to be developed and This is certainly a reasonable and you have the power to that group to that entity Whoever comes with the means property to you that we don't know for we don't for us to repute prove you We are not going to allow you to have any further access to Pasadena and we are going to require you to to pave and construct 37 feet according to Tom's measurements 37 feet. That is a very reasonable requirement Because that's when it's timely. It's not timely now they're good and And that that's our logic we want to be fully cooperative, but we we don't want to go to the expense of the road But most importantly, we don't want to have a road that's not needed nor may ever be needed All right, not a road. I keep saying that but it's a driveway Thank you, sir. Miss Phillips. You had another question Mr. Rochelle, I'm a little bit confused The plant that we have before us is does that constitute the two lots off of Huguenot Or is it just the one lot? That constitutes the two lots, okay, so those two lots have been combined right initially my client acquired this property The one-story brick daycare center was built here served by this party subsequent to that he acquired this property Zoned our one see I take it at the time sought rezoning And then sought this development point. Can you show us? Can you put up those photos that you and explain to us? Walk us through them, please You Would you like me to walk you through these photos Closest to us would be Huguenot and Then the white picket fence would be the play area or The daycare and then behind that would be that the subject parking lot which exists and and then you can see the dumpster as well, and then there is a Privacy fence there and then behind that The white building would be the means property and Maybe another picture might be more. Is that enough on that picture enough explanation? We could maybe look at the view This is a very similar view it just doesn't show the picket fence from Huguenot back to them what appears to be the means residence and Then there if you could put on the third picture, please Yes, that is Pasadena looking at the subject property And then looking at the means property to your left and it appears to be a white pickup truck Visible and then the payment closest to you is Pasadena It would be interesting. I'm asked my client this Is is the privacy fence currently on your boundary line or as you have you moved it over a bit? It's on the property line It was a requirement of the city to have the Buffer between zone to zone because at the time the zoning hadn't been changed yet to the p1 So is that on your original property? original property I Don't know if that I'm sorry for the quality of these pictures I don't know if those are sufficient explanations or not Those answer your questions Miss Phillips, thank you Did you consolidate those two lots? Okay, so those two lots have been legally consolidated into one Because I'm not sure what you're speaking about original property line and where the fence is is the fence on the inside of that Yes, ma'am the fence that's Somewhere in this area here is is just just on the inside of the property line of the original property that had purchased Actually, I believe while the development plan was being pursued for for this property here We purchased this property just for future expansion for you know, just just to have it We Did nothing with it for a year or so until we're ready for the addition Therefore that's that's why the fence is here that goes all the way across it actually goes into When the dumpster pad the dumpster is actually sitting on this this additional property that was purchased We could assume and Staff can correct me that when he gets his permit to construct here He's gonna have to put up a new fence here or zone his own privacy But just for clarification of the record the initial lot was acquired in 2006 the second lot That we were discussing today. It was acquired one year later in 2007 Thank You, mr. Rochelle, mr. Cravens you had a question I Get where's that drawing of the access easements? You want to get it back up Okay, I understand what happens to the guy that gets stuck with the last lot how he has to finish up everything else but Using your logic, why why did those people up above run accesses and all the way down to the lot and stop it You're speaking of the long well you're saying You know, you're not gonna be using it. You don't know what's gonna develop whatever but the two lots to the left Ran their easement all the way down the property line. I mean, why didn't they just stop short somewhere like you did? Well, that could have been their choice. I don't is I haven't viewed that portion of the property. Is that lot fully developed? It's an empty lot but in that access easement paved We have an approved plan That lays that out and has that on it so that it'll function but they fully intend to run theirs all the way down there Yes, sir. And in fact, as I said before once the connections are made, they're going to lose an access point to Pasadena And they had a waiver request you may recall as well again All those factors went into the development of that property and the decisions that were made yeah, I guess if this is a Driveway Then I mean, I don't see why your client doesn't run it all the way up there like Like the other ones Well, let's clarify here. Is there black top on the ground there? Tom Excuse me. Is there black top on the ground on the easement? He's speaking of not at this time. No, no It's not well, it's not built. It's just an approved plan, right? I Don't get it. I don't know why you don't want to complete your road Well because a it's I don't want to be argumentative Mike, but it is a driveway We do not know When it's going to be constructed We don't know when there's going to be rezoning salt next door and if these issues weren't raised they weren't raised But sometimes you can discover that there's a better mousetrap and this is is very equitable For the means property we believe we don't know for example if the access easement when it's The driveway is constructed by the adjoining properties that you're currently discussing whether or not the topography will be correct Whether or not they'll have to be reconstruction. We don't know we don't have there's there's no continuity there right now It's just it's just a it's just a drawing on the map, but it's not ready for construction I understand that but but you also stated he's not willing to pay for the rest of it that you want somebody that You know, I'm stuck with these last lots And stuff is not complete to him and they should be I mean, you know Everybody should do what you're supposed to do up there Well, I we we believe that everyone should do what they're supposed to do. We just don't believe that it from a practical standpoint We it's it's timely to do it. It's just not timely to do it What what suggestion you have that how if we can't bond it? How do you suggest we pay for it? I? Mean, how would you how would you suggest that you could suggest that you would pay for it? Well, so saying you won't pay well, I like to I like to do I like to do deal specifically I mean if we have a proposal Possibly we could say that If and when it is developed that the parties would split the cost, I don't know I haven't discussed that with my client but We have a road which well, I've made my arguments and I and I would hope that I think we have another question. Mr Rochelle, okay Is it your contention? Mr. Rochelle that your client doesn't need that driveway because he has access to Huguenot Correct. He understands that long term. It might be beneficial to him to have the The service the driveway between Huguenot and capacity What's the next streak up from Huguenot And Regency he understands that may benefit his his clients in the future and for that reason is more is willing and understands That an easement is appropriate an easement is appropriate and a construction easement is appropriate But and and and that takes care of the overall plan, but yes, thank you Thank you. Miss Whitman Mr. Rochelle normally in a situation like this where it's a private Driveway And there's a responsibility of the owners along that private driveway Isn't there normally a an agreement with those owners? As to how that's going to be done and how it's going to be maintained if it's going to remain private Correct that is correct normally, there would be a joint access and maintenance agreement because right now There is no maintenance agreement and and and the the access is being created now But there's no there's no maintenance Agreement that is correct I Thank you. Are there any other questions for mr. Shaw I failed to ask if I see some folks in the audience I'm not so sure if they're here to speak on this application or not, but I do need to ask Staff do you have anything else you'd like to add or clarify for the Commission? Mr. Martin just a very very brief point of clarification Miss Phillips There are two lots on the development plan. They're controlled by that development plan We have not yet received a consolidation plat on that property Thank You Tom Tom we have one other question. Mr. Mr. Owens. Mr. Martin Hearing hearing all this day D. The staff have any suggestions on how to get through this, you know, mr Rochelle's not wanting to build now You know, does it have to be does it have to be built now along with their addition or Can they build that at such time that it's needed? I Think both options are certainly available And that's I think when when we work with traffic and discuss the issue so you'll understand the basis of our recommendation of approval is that As you all are aware Our primary concern is of course the impact on Pasadena Drive and access to Pasadena Drive and we have worked for a long time To try to achieve this and of course as you all see in here quite often Unfortunately, we do get hit with a piece at a time And that's that's the struggle we face here. We felt that It was an equitable compromise To have it built by the party who would need it at the time that that property developed because we would certainly hope that you would Support us when that property develops and we say no access to Pasadena Thank You Tom are there any other questions for Tom Okay All right We have before us DB 2009-02 Berry Crest phase 2 there are 16 conditions and staff obviously has noted a 17th condition I normally would say the subdivision committee made a recommendation, but subdivision subdivision committee took no action So Obviously the discussion we had must have been tenfold at subdivision committee, but Unless Subdivision committee would like to offer offer comment This time chair will Close this portion of the closest portion of the hearing turn it over to the Commission for any Comment mr. Chairman. Yeah, what does it actually say in these conditions that they have to build? The driveway Tom if you could offer clarification on that's about the easement, but I don't see The Commission when they previously approved the plan approved construction of the easement and You could again approve it subject to that as Well, and if you if you wanted to state that as a separate condition You certainly could do so stating that as a matter of approving this plan The applicant is required to construct the access easement as shown on the plane But are you saying the way it's written here now that that is not a condition Well again, they were required by your previous approval to build it So yeah, so our previous approval had construction of the 24-foot yes, sir it did It was not as you see implicit as a separate condition It was a development plan If I understand your question it it wasn't addressed in the conditions because as an improvement shown on the plan it was assumed that it would have to be built and Apparently that was the confusion between What the gentleman understood originally So I think what you're talking about now is clarifying that action if you want to change that as Requested you could add a separate condition Specifying whatever you're comfortable with Assuming if you don't change anything it would still be required to be constructed Mr. Pan Chris could we Could we say that the the 34 foot? Was it's 34 foot long 24 foot wide would be built at the time it's needed and The applicant would have to build it at that time You could specify that so that's something of a different Position than what's been discussed. I understand all I'm doing is I could do that. I'm not saying I'm a question would be Would be the enforceability Right over that. I would assume that would be the and and that's my question also I was looking at legal and she won't look back at me, but I was trying to I may rephrase the question for counsel as I understand it and I'll ask the Commission members to correct me if I get it wrong if the Commission agreed that the construction could be deferred but felt it should be the financial responsibility of The owner of this land and not the adjoining property owner But the Commission agreed it would not need to be built at this present time is there a way that the We could enforce that say five ten years down the road however that this Applicant would construct that And of course usually we have a surety or something but again being a private improvement there would not be a surety I Think as mr. King said I think you can put that note and condition on there but it is an enforcement issue because You really can't go in after the fact and say well you haven't built it We're shutting down your business now until it's built because now it's needed So unless you have a willing property owner at the time that's it's going to comply It would probably end up in a litigation situation to try to compel the construction since we can't hold a surety on Thank You miss Boland Any other any further discussion comment motion You Unlike subdivision we have to take action in some form of fashion I I'm kind of looking to subdivision it to take leadership on this a subdivision. I'll make a motion I moved to prove DP 2009-02 With all the conditions plus like that condition that the owner complete the Access easement with blacktop or the driveway or whatever it was Finish it up to the lot the joining lot Oh, I'll second that motion I Think I think for clarification, mr. Graves you're adding a condition 18 to further clarify the complete construction So would you I see 16? Well, there's a 17 on the certification and recordation of an easement Okay, okay, then that would be number 18 number 18, okay, I think I heard a motion and a second to approve with the 17 conditions adding an 18 condition for the construction of the easement call for question All those in favor of the motion, please signify by saying aye aye all opposed we say no To nose motion carries, thank you You Let's uh, let's take a five-minute break before we get into commission items You Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Okay, our next item is Performance performance bonds and letters of credit Like to turn Commission's attention to the memo dated April 9th And It's the release and call of bonds Mr. Pan, I think you had a question. Yes, I do Mr. King I was reading over this and he talks about sureties for collection. Yes, sir Tell me how this is different than what we normally release and call bonds or is it I don't think it is Let me let me articulate take a quick look at this memo There are two types of actions being Recommended here by the Division of Engineering who administers the surety bond program for public improvements related to subdivisions It appears that the Leastown office park surety and the amount of $36,705 they have verified that all the work covered by that surety has been completed accepted and is acceptable and therefore they are Granting a blanket outright release of that surety back to the developer the other items Are ones that my guess is that they're all letters of credit except perhaps one? I'm not sure what a CK is certificate of a check But the others are letters of credit the way a letter of credit work is that it has an expiration date When you post a letter of credit is surety and let's let's let's say that I know back when we administered these in the division of planning way way way back a long time ago We sent a six month time lag between the bond document which stated This is the date the work would be done six months after that the letter of credit would expire And during that six month time period One of two things could happen if the work was completely done They would come to the planning commission seek release if the work was Not done that gave six months for them to come and bring a new letter of credit for another year or something like that If it was still agreeable But that the work was continuing progress was being made things like that And my guess is that that is the situation on the vast majority of these Sometimes they can come in and document that perhaps you have one here that's very large that bluegrass Aspendale infrastructure and Over half a million there Perhaps half of that's been done and they can reduce that surety to three hundred thousand This gives them an opportunity to come and bring that in But by being called That guarantees that if all else fails They don't come in the work hasn't been done The urban county government representative can go to that bank Collect on that surety and put that money in a in an account for the completion of this improvement And you won't run the risk of that date of expiration letter credit expiring and then losing control over that surety So we're not released and we're just calling and telling me to complete you are not none of these are being released They are being called But again if the Person the developer comes in And shows that they've completed the work it can be reduced under the ordinance or they could come back And say now we're satisfied that this could be released But that would entail them coming back to you And then it would appear like the least town office part does in the top row And would be released So Those are the options then that this gives the government But again by you taking the action that can be called It gives the urban county government the free reign to go collect if necessary before the expiration date Thank you Thank you Chris I appreciate the clarification there Is there a motion for acceptance or release and call So moved We have a motion and a second to accept all those in favor Please signify by saying aye All opposed please say no Motion carries. Thank you Mr. King Mr. Martin Mr. Chairman members of the commission The next item on page 8 On your agenda today is commission items Item A These are Amendments to the subdivision regulations As well as an update to the subdivision plan procedure These were items the staff requested you to initiate They are specifically SRA 2009-1 Amend articles 1-5 and 4-7D-9C For waivers regarding infill and redevelopment sidewalks Pardon me infill and redevelopment sidewalks And update the subdivision plan procedure listing The first item 1-5C What staff is proposing Is an additional justification for waiver Waivers It is an infill and redevelopment waiver We have here titled infill and redevelopment facilitation There was some concern within the zoning committee about Whether facilitation was the appropriate word There was some discussion as to whether it ought to be adaptation Accommodation We looked at several I would add at this point We do have as you all know Mr. Jimmy Emmons Who is an infill and redevelopment facilitator And that is one of the most common words we hear In regards to infill and redevelopment process And that's the word again that staff came up with And obviously at your all's pleasure It can be what you'd like to call it The purpose of it Is as stated here in your report And that is because of the inherent difficulties That many infill and redevelopment projects face Due to small lot size Existing infrastructure The built environment That we felt that this was a good justification To add to your waiver request And you frequently get them as you know And I believe that at the committee Mr. Sally reported there to have been approximately 19 Waivers within the infill and redevelopment area Over the last few years So it's apparent that this is an issue Facing a lot of these projects So that's the reason that we have recommended that change The second change That we are recommending is the surety for private streets Current practice allows A surety For a private street For the final course of asphalt only This surety can be made out in favor of Or issued in favor of The homeowners association And there have been cases where it has been Made out to the city as well What we have done here Is added sidewalks to that So they have the ability to do that That's how it's done for public streets And we felt it was appropriate for private For the very same reason Sidewalks often go in last They're damaged by construction traffic And that sort of thing So we felt let's do it for private streets And again you may recall We've had several waivers lately For that request So we added that And I would also point out that you see A lot of underlying language there We wanted to make it very clear In the language what the legislative intent was Of this change And that this does not imply Any additional responsibility whatsoever On the part of the government It's strictly We will have the ability To call that surety And have those sidewalks constructed The last change Which is this handout you have here If you look This is an informational Chart That describes The development process For major subdivision plans We have Changed steps nine and ten Number nine we changed To make specific reference To the 30 percent infrastructure report That has to be filed With the planning commission At that point in the process And that is when the improvement plans Are at 30 percent of their design And that is of course So you all can review The progress of the design of that project And address any issues Or any issues the developer may have That they can bring before you Step ten Merely states then that once It's been completed That the developer must file His improvement plans With the division of engineering Versus standard practice And we just wanted to clarify Those steps Again To Emphasize that 30 percent report Which we feel is an important Aspect of your all's review Thank you Mr. Martin Are there any questions for Tom? Mr. Ben I'll just remind the commission that Step nine is a direct result Of the committee work we did With the I guess Chris Moderated for us With the committee On our Stormwater and How we were going to operate Again the consent decree How we were going to operate Going forward Thank you Ms. Copeland Does this Does this mean that The cost that 30 percent Improvements It's not going to Division of engineering Well division of engineering Actually receives the plans Themselves And At 30 percent At 30 percent Generally they receive it At a later date of design 50 percent of design I believe is the standard When they receive them You'll be receiving a report Earlier than that With the intent To Hopefully if there are any Problems Let you know And anything that may Be Okay Well When You could ask them what their Status of their 404 Application Exactly Something Right Well But when it Comes to us Will it go to Technical No man It's just a report 30 percent Comes to us It's an informational Report that will be Given to you We are currently Working on what we Think should be The appropriate Contents And we wouldn't Want it to be Overly technical But we certainly Would want it to Address Issues such as Estimated sewage Flow for instance The permit Status Certainly we think That permits are Required They should inform You as to their Status You know But that sort of Thing Just looks like to Me that ought to Go before technical To flow to us Well technical Will be reviewing These items as they Always do Just like The Improvement Plans They'll continue To do this This is just Something that is To inform you Of the status Of a project That you have Approved I might Interject I think What I saw Was we would Get a One page Statement Saying yes We comply And I think We wanted to Give staff Some direction To identify The contents And I think Fair enough On what The contents Would be that we Would get And I don't Think you Certainly I don't think You need to Be a technician Or someone Technically strong To know That what They've done They've done Their due Diligence Because we Have seen Some 30% Reports that Had a little More information And I think That was What we Were saying But I think Rochelle Miss Boland Suggested That At the Zoning Committee So that's If Folks would Like to see That change And if I may Add again For the record That the Subdivision Committee did Recommend Approval As for reasons Provided by Staff which You see Below there And that we Believe these Changes are In line With the Subdivision Regulations Thank you Tom Any other Questions for Tom In further Discussion Is there A motion Mr. Chairman I move That we Approve the Amendments As presented By staff Do we Need to Articulate Which one For the Reasons Provided Yes For The Reasons Provided By Staff For Articles 1-5C And Article 4-7D Did That Include A Recommendation For the Change Of Facilitation To Adaptation Just For Clarification Of The Record For The Reasons Provided Yes I would Like To Include The Subdivision Plan Procedure Attachment As part Of My Motion We Have a Motion To Approve The Reasons Provided All Those In  My Motion To Approve The Reasons Provided As part Of My Motion To Approve The Reasons Provided All Those In My Motion To Approve The Reasons Provided All Those In My Motion To Approve The Reasons Provided All Those In My Motion To Approve The Reasons Provided All Those In My Motion To Approve The Reasons Provided All Those In My Motion To Approve The Reasons Provided All The Reasons For Appropriating Or Choosing The Reason For Appropriating Any Reason For Boom . All Those Things Were Agreed . I Is Willing To Agree With Them . I Is Willing To Agree With Them . I Is Willing To Agree With Them . I Is Willing To Agree With Them . I Is Willing To Agree With Them . I Is Willing To Agree With Them . I Is Willing To Agree With Them . Thank you. I have a question on that. In particular, we will have a presentation of the small area plans. We will receive public comment at that time. Will staff or consultants make that presentation or is that . Both. Primarily for the small area projects. I think they will enjoy getting to present their work to the planning commission. I did point something out to Chris. That is the week of the big event this state is known for. I wanted to get a feel for quorum. I know folks may be busy. That is Derby . No significance. We are known as the worst country in the world. Will we have enough folks here? I will be here. I don't know about Mike. Even if we have a continuation? I guess we need a motion for a motion. I think we have a motion. We have a motion for the public hearing on the 30th. I have a motion and a second. All those in favor please signify by saying aye. All opposed say no. The motion carries. Thank you. The staff has one item. We have one of our APA audio conferences next Wednesday. After you turn in your taxes feel free to join us next Wednesday to hear a presentation on the zoning for transit oriented development topic. This will count towards your certification maintenance requirements. For those of you that are American Institute of certified planners certified this is part of the AICP series. This will count towards your certification maintenance requirements. 4 p.m. I see no one else in the audience. Is there a motion for adjournment? Unless there is anything else the commission might have. All right. There is a motion and a second. We are adjourned. Thank you. � � 10 g o gwybys. 1 llwy fwrdd o fudr. 1 llwy fwrdd o fudr. 1 llwy fwrdd o fudr. 1 llwy fwrdd o fudr. 1 llwy fwrdd o garllegyd. 1 llwy fwrdd o edrych daeafor. Neiddio pawb eraill i ferch arall! Jo, roedd yn ddarganfod. 1 llwy fwrdd o grenader. Revasgwyl y cant olardan. 10 o ryseidydd. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 15 munud. Mewn gosod 7 munud Mewn gosod 15 munud. 7 munud 8 munud 5 munud 1 munud 1 munud 1 munud 7 munud 10 munud 7 munud 10 munud 10 munud 10 munud 10 munud 10 munud 10 munud 10 munud 10 munud 10 munud 3 munud 3 munud 2 munud 2 munud 3 munud 3 munud 3 munud 3 munud 3 munud 3 munud 3 munud 3 munud 3 munud 2 munud 3 munud 3 munud 3 munud 10 munud 10 munud 10 munud 10 munud 2 munud 2 munud 20 munud one munud one munud two munud three munud 5 munud 10 munud 2 munud one munud two munud one munud three munud two munud five munud one munud i love you never know how much i care when you put your arms around me i get a fever that's so hard to bear you give me fever when you kiss me fever when you hold me tight fever in the morning fever all through the night sun lights up the daytime moon lights up the night i light up when you call my name and you know i'm gonna treat you right you give me fever when you kiss me fever when you hold me tight fever in the morning fever when you hold me tight fever in the morning in the morning fever all through the night everybody's got the fever that is something you want fever isn't such a new thing fever started long ago oh oh yeah romeo loved juliet juliet she felt the same when he put his arms around her he said juliet baby you're my flame love yours to fever when we kiss it fever with that flame in you fever i'm a fire fever yeah i burn for you captain smith and pocahontas had a very mad affair when her daddy tried to kill him she said daddy oh don't you dare he gives me fever with his kisses he holds me tight fever i'm his missus daddy won't you treat him right go now you've listened to my story here's the point that i have made chicks were born to give you fever be it fahrenheit or centigrade they give you fever when you kiss them fever if you live and learn fever till you sizzle what lovely way to burn what a lovely way to burn what a lovely way to burn what a lovely way to burn did you say I've got a lot to learn well don't think I'm trying not to learn since this is the perfect spot to learn teach me tonight starting with the ABC of the day right down to the XYZ of the day help me solve the mystery of the day teach me tonight the sky is a blackboard I'll cover you if a shooting star goes by I'll use that star to write I love you a thousand times the cost to start one thing isn't very clear, my love should the teacher stand so near, my love graduation's almost here, my love teach me tonight I'll use that star to write I love you a thousand times the cost to start one thing isn't very clear, my love should the teacher stand so near, my love graduation's almost here, my love so would you teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love I've lost all fear, my love teach me tonight I've lost all fear, my love I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I've lost all fear, my love teach me tonight I'll be there to comfort you build my world of dreams around you I'm so glad that I found you I'll be there when the lumps are strong I'll be your strength I'll keep holding on I'm so glad that I found you I'll keep holding on I'm so glad that I found you I'll keep holding on I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you I'm so glad that I found you Let's go ahead and get started if we can please Thanks to everybody for being here at the new time and date we have circulated copies of the minutes for the March 20 meeting is there is there a motion to approve councilmember Henson has made that motion we have a second from councilmember Lane is there any discussion all in favor of approving the minutes please say aye those no the motion carries and when we'll turn the program over to you to fill us in just a little bit about things that have transpired the last couple of three weeks since we last convened well thank you very much mayor it's good to get back together with everyone just just a couple of quick things as as was the the case during our at the point of our last meeting the federal agencies just continue the rollout of process there's every reason it's going to continue over the next next couple of weeks I think we're probably at the point where we're beginning to at least reach the peak but it's all it's all very interesting and we're getting we're getting a lot of good results probably the big one that we've been looking for and and of course came to us on on March 27th was the the rollout of a long-awaited rollout of the energy efficiency and conservation block grant and we were an awfully big winner on that I'm happy to say and we we ended up with two million seven hundred and fifty three thousand eight hundred dollars for that and that is as as you all know from our previous conversations and briefings that's enormously flexible funding that can be used for a wide variety of purposes both within city and county government functions as well as within the community at large with the sole proviso being that it increase energy efficiency reduce greenhouse gas emissions so there's a there's just a lot of things that that can be done with that the application is due in the latter part of June I think Department of Energy is going to be very flexible and interpreting the the broad eligibility there so it's awfully good news and and as I always like to say you know for for many many of these programs under under the Obama administration the the good news hopefully is not restricted just to the the allocation of funding that we're going to receive under the Recovery Act the energy block grant is a program that that we should get on on an annual basis as we as the budget process continues so so good news on the energy efficiency block grant we also got some some some very good news and we haven't had a chance to do a memo on this but the the community health centers portion of the Department of Health and Human Services Recovery Act provisions have rolled out and the county health department has been allocated three hundred and eighty six thousand dollars 386 632 to enhance the community health center functions that they perform and in addition to that the other one in the in the region was the UK Research Foundation also got some funding under community health centers and that's that's a hundred and seventy thousand seven hundred and thirty two dollars so so that that process continues to roll out since we since we've last met in addition to the energy efficiency we've we've received grant notices for which we can apply for energy efficient transportation for for the we've received the the guidance documents on the homelessness prevention funding for which we've received eight hundred and forty nine thousand six sixty eight and in addition the Treasury Department has begun to roll out the tax provisions that are an important part of the of the Recovery Act we can discuss of the nature of the of the business we tend to focus most of our attention on either the formula or the formula programs that we're getting or the discretionary programs that we can apply for but in fact there's a lot of good things that can result in income to the community based on the tax provisions that were that were in the bill roughly about one-third of the total spending in the Recovery Act is generated through through the tax system through tax credits or bonds things of that nature so Treasury just rolled those out the day before yesterday and so we've got we've got it some information out to everyone on that so if it continues to flow this coming week is a critical week I know for a lot of folks in terms of the on the public safety side the the cops application for additional officers is due on April 14th and we've been working with with Commissioner Bennett on on that I know we're in good shape on that we are still I should I should mention with respect to the entered back to the energy efficiency and conservation block grant that 2.7 million that's our formula allocation there is also a competitive portion of that program that that we will be able to put in a separate application for and that will that will roll out some at some point later later in the year probably probably in the May June period there are still a number of important programs that we'll be looking at in terms of competitive grant applications that that are not yet public they're still in the development stage within the the federal agencies the the competitive surface transportation program where we can put in a large project for one point it's 1.5 billion total funding and our project can range from anywhere from 20 million to 300 million the the burn competitive grant program of course is due in May and we've got all the information on that we're waiting for more information on the HUD aspirations with respect to the community development block grant and neighborhood stabilization we're waiting for more detail on the on the brownfields redevelopment program fire station construction modification broadband technology opportunities so there's there's still a lot left to to be done but I think we're we're in pretty good shape as we as we go forward and as I look at the the cumulative list of the of the tally that that we've been keeping certainly Lexington Fayette has been up in a real big winner just if I could just add one footnote you know this this is an awfully busy year we started off of course working on the Recovery Act and then you know we've been we've been working on the FY09 and FY10 budget opportunities and and now as of last week the reauthorization of surface transportation officially kicked off and and we'll be submitting some some projects for that eventually as well so there's there's kind of a continuum of both opportunities and good news that's that's flowing from from this direction so it's it's been an interesting time Congress is on on recess for this weekend for one more week for the for the Easter recess and then they'll come back in on the 20th of April and start getting busy again on a wide variety of things including climate change and a few others so that's kind of the the quick summary report hope it's coming through clearly I know we were having a little static before and look forward to both taking anyone's questions and also chatting with you on these subjects and listening to what what folks have to report in other areas okay any questions for Lynn around the table then let me ask a couple I know you touched base briefly on the energy efficiency block grants but do we have any clear guidance about the limits on the CDBG money or the energy efficiency block grant money beyond what you just let me draw a little bit of a distinction on that on the on the energy block grant while they publish the numbers they are probably within two or three days of publishing an official notice you know to the world which will which will provide a little bit of the of the methodology in on how they got to the numbers and also provide in some greater detail you know some information which tries to steer us in one direction or another in terms of the spending of the programs again broad broad latitude on these things but but certainly as a federal agency that's the steward of this funding they and they have some ideas on on how they want to spend similar to CDBG I used the word earlier aspirations which is a direct quote from from the brief last briefing we were at within within with it with the folks one of the things I'm trying to remember my calendar here but in terms of when we when we last met but we have had a number of very strong statements from the administration relative we believe to CDBG where they are trying to limit the use of the funding to areas that that that are what they call keep the funding away from areas that they call imprudent and this was in a memorandum that the president sent to the executive agencies on on April 20th and it's a it's a curious thing because they're just they're trying to make a distinction between activities which under CDBG regs may be perfectly legal but are areas that that could be subject to unflattering press coverage or you know characterizing them as you know not not serious in terms of making contributions to economic recovery when you get right down to it unfortunately though a lot of these things just generally fall in the category of urban recreation and you hear this quietly from administration folks all the time that they they don't want to see this funding go for skateboard parks or for or for other other kinds of recreational opportunities which which we may regard as very very useful at a local level both for economic development as well as for children's health we have within the legislation section 1604 which specifically limits us to or prohibits specifically prohibits any expenditure on zoos aquariums swimming pools golf courses and casinos and one of the aspects of the March 20th memorandum says that specifically says that 1604 is the letter of the law and they're also asking us to avoid any projects which which come into the spirit of the law in other words anything that hints of or anything that's like a a cousin of 1604 I said I point this out because when you get right down to it generally speaking the only funding available to you for which some of these quote-unquote imprudent projects could be utilized actually would be the community development block grant so next week or the week after when we get this aspirational information from from HUD we think that it's going to have a very strong message to us that stay away from projects that that are in that in that nature as the vice president said to us when we went to this briefing on March 18th just because it's legal doesn't mean it's right and and so it's good it really appears that they're trying to thread the needle in a very very careful way so we'll just have to we'll just have to watch this carefully but that is what we expect when we get the information on on CDBG a little bit less in terms of the energy block grants I just think that they'll try to steer us in certain directions but I think the CDBG it's going to be a little more serious. Okay anything else for Lynn? David Kozak. Thank you mayor thank you Lynn for your efficiency there I have one specific question one general question again about the burns I think I heard you say May deadlines and the information I've scanned it looked like there was an April 27th deadline on the competitive element of that so that's the specific question. It's May 17th on the formula and April for the competitive. Okay thanks I want to be clear on that and then a bit more general is there any scuttlebutt about a strong and favorable the demographics of a strong and favorable applicant on that competitive piece and and what sorts of institutions agencies municipalities they're seeking to come after that because I knew. No and well let me you know and I'll just you know I'll just sort of reiterate what they've what they've said to us the difference between the the competitive and the formula is simply this on the formula that's those are dollars you've got a wide variety of uses there but certainly they're looking they're expecting that you would do technology equipment certain types of facilities anything that contributes to to the prevention of crime apprehension detection of crime things of that nature so it's sort of the daily operations assistance to the daily operations of the public safety function within the city on on the competitive side they are very specifically looking much more for programmatic activities to some extent it could be a demonstration program or it could be an ongoing effort that that you are running in your city typical examples are drug courts the juvenile prevention programs things of things of that nature anything connected to domestic violence violence against women so they're looking for programmatic efforts on the on the competitive side and certainly by the way no no no distinction or no no prejudice against a city like like Lexington that's getting a large increment of formula funding in terms of a for the competitive side so so I know that I know that we'll have a good a good application in there and I'm sure it'll be it'll be very highly reviewed thank you that's helpful hello Len I was wondering how are you I'm doing well how about yourself I was wondering if you had any more information on the e-health component of the stimulus program and that's correct yeah it's been it's been quiet to my knowledge and the one of the characteristics that we've seen so far in the rollout of the programs is where money went to expand and enhance existing federal programs it came out fairly quickly at least in terms of the formula allocations where it was a new program that had to be stood up like health records technology or for example of broadband telecommunications which I know we're also very interested in they're taking a little bit more time the competitive surface transportation program is another example so we would expect probably sometime later this month or early May to see a very very big formal rollout of that because it's an important presidential priority but nothing nothing quite yet but we know what's coming thank you I do have a follow-up question on the broadband front is the grant distributed by the NTIA or is it a state entity how are they planning to disperse the funds is you know that broke up a little bit towards the end Rana but it was were you talking about the broadband funding that's correct yes yes yeah this is interesting because again it's a new program and as you know from some of our previous conversations some of the programs that that that were in the legislation in the 781 pages some of them were very detailed in terms of their requirements others were very broad and and left enormous discretion to the federal agency to to define the program the broadband technology opportunity program certainly falls into the latter category there was such ambiguity there and some of the definitional terms particularly you know with the with the four billion plus in expenditures needing to be targeted on quote the the unserved or underserved that the two agencies that are responsible for implementing the funding national telecommunications information administration in the Commerce Department and the Rural Utility Service in the Agriculture Department just threw it out to the public about three three weeks or so ago and said we want you the public to help us define how we should spend this money in particular how do you define unserved and underserved who should be eligible to apply for this program should this program require private sector participation a number of questions like that the due date on those on comments and and suggestions to them is coming upon us fairly soon and I think the agencies will use that input to help define this program so we would hope to see this sometime probably the latter part of May or early June in terms of rolling out the four billion plus thank you all right councilmember a blame yeah I wanted to ask question on the energy conservation dollars yes sir could you maybe describe a few of the programs that would be applicable to our community that we might put a competitive grant in for well again counselor you know it's the the the eligibilities are quite broad but if you wanted to talk about typical types of uses that they would look at and again it runs the gamut but certainly inner physical energy efficiency and conservation improvements weatherization conservation rehabilitation all designed for for energy efficiency purposes certainly a great category acquisition of technology which improves energy energy efficiency one of the one of the interesting aspects of the regulations that we're hoping to see you know fairly soon will be ways in which they're going to encourage or discourage the utilization of these funds for for vehicles to update your fleet with with with energy efficiency vehicles an eligible activity we're not sure exactly how much they want to encourage that public education programs which which teach the public how to how to conserve energy how to how to utilize energy in a more efficient way application of energy efficient systems to the daily operations of local government and and that could include water and sewer functions certainly housing that the federal that local government is involved with