# Urban County Council Meeting - June 11, 2009 > Auto-transcribed civic record · Council · June 11, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/948 - **Source video**: https://lfucg.granicus.com/player/clip/948?view_id=14&redirect=true - **Date**: 2009-06-11 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 34,613 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council met on June 11, 2009, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting covered two agenda items, including an informational presentation and one action item that was brought to a vote. Over the course of the meeting, the Council heard 3 public comments and conducted 2 votes. The session concluded with the approval of the Tates Creek Road Sidewalk and Transit Improvements Project, alongside an informational presentation recognizing the Arbor Day Foundation Award. ## Attendance All members were present at the June 11, 2009 Council meeting. The following individuals were in attendance: - **Mayor:** Jim Newberry - **Council Members:** Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers No members were recorded as absent or late. ## Votes and Decisions Two votes were taken during the June 11, 2009 Council meeting. - **Ordinance 72-2009 — Accept a Grant from the Ky. Transportation Cabinet for Tates Creek Rd. Sidewalk and Transit Improvements Project** [timestamp: 3:37:55]: Motioned by Mr. Blues and seconded by Ms. Gorton, this ordinance passed on a roll call vote of 11 ayes to 4 nays. Voting in favor were Stinnett, Blues, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers. Voting against were Beard, Crosbie, Ellinger, and Feigel. - **Approve Communications from the Mayor** [timestamp: 3:39:28]: Motioned by Ms. Gorton and seconded by Mr. Stinnett, this item passed on a voice vote. ## Budget and Financial Actions The Council addressed one financial item during the June 11, 2009 meeting involving a grant agreement with a state agency. - **Tates Creek Road Sidewalk and Transit Improvements Project (Ordinance 72-2009):** The Council considered an ordinance authorizing a grant totaling **$1,014,200** from the **Kentucky Transportation Cabinet** to fund sidewalk and transit improvements along Tates Creek Road. This ordinance, designated as Ordinance 72-2009, formally established the grant relationship between the city and the state transportation agency to support the identified infrastructure project. ## Public Comment Three individuals addressed the Council during public comment periods at the June 11, 2009 meeting. **Karen Angelucci** opened the meeting's public remarks by presenting an award to the city from the National Arbor Day Foundation in recognition of its Reforest the Bluegrass efforts. [timestamp: 0:06:12] **Adam Jones** spoke on behalf of the BUILD organization, advocating for a fully funded affordable housing trust fund. Jones called for the fund to be supported at a level of $3 to $5 million. [timestamp: 1:07:06] **Mary Murphy** raised concerns regarding the Cedar Point development, offering suggestions for alternative uses of the area. [timestamp: 1:10:55] ## Contested Items **Tates Creek Road Sidewalk Project** The Tates Creek Road sidewalk project generated significant debate among council members, with disagreement centering on two broad areas: the merits of the project itself and the process by which it was being advanced. Supporters of the ordinance argued in favor of the project on grounds of connectivity and safety, framing the sidewalk construction as a necessary infrastructure improvement for the area. Opponents pushed back on concerns related to cost and the process being followed to bring the project forward. The ordinance ultimately passed on a split vote of 11 in favor and 4 against. ## Arbor Day Foundation Award Presentation [timestamp: 06:12] Karen Angelucci presented an award from the National Arbor Day Foundation to the city in recognition of its Reforest the Bluegrass efforts. The presentation was informational in nature, with no debate or vote required by the Council. No concerns were raised during this agenda item, and the presentation served to formally recognize the city's work in tree planting and reforestation through the Reforest the Bluegrass program. ## Tates Creek Rd. Sidewalk and Transit Improvements Project [timestamp: 3:37:55] The Council took up Ordinance 72-2009, concerning the Tates Creek Rd. Sidewalk and Transit Improvements Project. The item centered on the acceptance of a grant to fund sidewalk and transit improvements along Tates Creek Road. Key participants in the discussion included Bruce Simpson, Judy Worth, and Pamela Rawlings. The ordinance was approved by the Council. --- ## Decisions - **Ordinance 72-2009** — passed (11-4): Accept a Grant from the Ky. Transportation Cabinet for Tates Creek Rd. Sidewalk and Transit Improvements Project - **Motion** — passed (0-0): Approve communications from the mayor --- ## Full transcript If you don't have a chair or don't see one immediately available, you'll need to go with our security folks down to the first floor where we have an overflow room, and we will have a TV there if we don't at present. I suspect some people will be coming and going during the course of the evening. So if you go downstairs and you'd like to come back up in a little bit, feel free to come check on it. Madam Clerk, will you call the roll, please? Mr. Stennett. Here. Mr. Beard. Present. Mr. Blues. Ms. Crosby. Here. Mr. Ellinger. Ms. Figel. Here. Ms. Gordon. Here. Mr. Gray. Here. Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Meyers. Here. Here. Thank you. We have a quorum. Mr. Green. Did I miss you? Mm-hmm. Would you please rise for our invocation? Let us pray. Our wise heavenly Father, we thank You again for delivering us to this place where we would consider the business of the city. We pray that as we go into these deliberations, the hearts will think of all those who are unfortunate and all the things that our, the city extends in need of. We ask thy blessings upon your citizens who stand behind the desk, uh, attempting to do what is right and do the, make the difficult choices for our city. We pray thy blessings and upon this city collectively and individually, all the citizens therein as they bring concerns that they have to their government. We know that you ordain government. We pray that as we receive these, we will, in the spirit of friendship and citizenship, that we will do our very best to give them the service that they need. We thank you for all these and ask Thy blessing in the name of He who has created it all. In the name of Jesus we pray, amen. Amen. Thank you. We have, uh, several minutes from previous meetings, which are ready to be approved. Is there a motion to approve? Move approval. Second. Have a motion by Council Member Stennett and a second by Council Member Henson to approve the minutes that are listed in the docket. Any discussion? All in favor, please say aye. Aye. Oppose, no. Motion carries. Ms. Angelucci. There you are. I had not seen you tonight. So, uh, if you'll step to the podium, we'll have a brief presentation. Karen Angelucci is chair of our city's tree board, and she has a presentation. Thank you, Mayor, and members of council. Uh, I'm here tonight on behalf of the Tree Board, and we're very excited because we have won a national award, Lexington has, and we're here tonight to present it to the mayor. If you want to come and receive it, that would be great, or we'll throw it at you. I'll get it out of the car. And it is made of wood, but we didn't cut down a tree for it. Okay? We have John Sailor here. He's one of our wonderful urban foresters, and he went all the way to Nebraska to get this award for us. And we have Leah McSward, who is the director of the Kentucky State Division of Forestry. And we're here to give you an award. And Leah would like to say something. This award, Mayor and members of the council, is offered by the National Arbor Day Foundation. It is an award to recognize the Reforest the Bluegrass efforts, which is an effort that's taken place. I think you just had your 11th event. Um, it is one of five project awards that was awarded by the National Arbor Day Foundation this spring for the wonderful work you have in trying to green up your area. And I will say that Reforest the Bluegrass has been an inspiration for other reforesting efforts around the, the state, most notably, Reforest Northern Kentucky and Reforest Frankfort had an event this year. So Mayor, this is a great honor that you have received from the National Arbor Day Foundation, and I congratulate you. Thank you very much. It's beautiful. There we are. Would you like us to take that for you? Thank you. Thank you. Let me, uh, just on behalf of everybody that's been involved in our forestry section here, accept that on behalf of the city. Tim Query, our urban forester, has worked long and hard to make Reforest the Bluegrass a success. Uh, I am here, but Tim oughta be the real recipient of it tonight. Thank you. Thank you. He, he's outta town on vacation, but, uh, I'm delighted to accept on his behalf. Congratulations. Thank you, Mayor. We have, uh, a fairly short item of business that we need to conduct right now. It is a public hearing in connection with the Lexington Schools, uh, project refunding revenue bonds. So let me declare the public hearing open. Is there anyone who wishes to address the council in regard to that particular bond issue? Seeing none, we'll adjourn the public hearing. Thank you very much for being here, Mr. Burger. Mr. Stinnet, you said you had a motion. I don't know if it was for now or later. We can do it anytime, Mayor. Uh, Mayor, I'd like to make a motion under fir- second reading of ordinances number seven, to place it at the end of the docket after first reading of resolutions so that we may allow more time to go ahead and vote on the rest of the items on our agenda since this is a major item that will allow a lot of discussion this evening. So moved. Second. Have a motion by Councilman Stinnet and a second by Councilmember McCord to move item seven under the second reading of ordinances to the, uh, end of the docket following first reading of resolutions. Any discussion? All in favor, then please say aye. Aye. Opposed, no? Motion carries. With that item of business out of the way, Madame Clerk, would you give second reading to the ordinances and title to second reading? Number one, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 141. Number two, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $320,000 federal funds under the Congestion Mitigation Air Quality CMAQ program, are for the fiber optic cable installation project, the acceptance of which obligates the Urban County Government for the expenditure of $80,000 as a local match, appropriating funds pursuant to schedule number 145, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $64,000 federal funds under the Congestion Mitigation Air Quality CMAQ program, are for the Share the Road campaign, the acceptance of which obligates the Urban County Government for the expenditure of $16,000 as a local match, appropriating funds pursuant to schedule number 147, and authorizing the mayor to transfer unencumbered funds within the grant budget. Madame Clerk, let me interrupt for just a moment for a motion from Councilmember Gordon. Uh, yes, I've been, uh, notified that item number four on ordinances for second reading is not, uh, ready yet, so I move to table item number four. Have a motion by Councilmember Gordon and a second by Councilmember McCord to table item number four. Um, that motion is non-debatable. All in favor of tabling item number four, please indicate by saying, "Aye." Aye. Opposed, nay. Motion carries. Madame Clerk. Number five, an ordinance amending sections 21-14B and 22-6A4 of the Code of Ordinances to provide that a pre-employment physical shall only be required for employees being appointed to positions which require a pre-employment physical as determined by the D- Director of Human Resources. And number six, an ordinance amending section 22-5 of the Code of Ordinances, creating one position of client assessment counselor, grade 112E in the Division of Adult and Tenant Services. Thank you very much. That concludes the reading of ordinances entitled to, uh, second reading. Is there a motion that we approve them? Second. I have a motion by Council Member Martin and a second by Council Member Gorton to approve, uh, ordinances that received second reading. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please vote aye electronically. Those opposed, please vote nay electronically. Madam Clerk, please call the roll. Mr. Stennet. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Miss Feigel. Aye. Miss Gorton. Aye. Mr. Gray. Miss Henson. Yes. Miss James. Aye. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yep. Mr. McCord. Yes. And Mr. Meyers. Yes. Thank you very much. Those resi- those ordinances are approved. Madam Clerk, if you would now give first reading to the ordinances entitled to first reading. Number eight, an ordinance amending section 4-21 of the Code of Ordinances relating to impoundment of animals to provide for the humane disposal of livestock and fowl after the requisite impoundment period, increasing boarding charges for impounded animals, and increasing the impoundment fee for unaltered dogs and cats. Number nine, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of staff assistant grade 107-N in the Division of Government Communications. Number 10, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $448,150 federal funds are for the Brighton Rail Trail Bridge, the acceptance of which obligates the Urban County Government for the expenditure of $120,000 as a local match, appropriating funds pursuant to Schedule Number 150 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the US Department of Health and Human Services, which grant funds are in the amount of $49,126 federal funds are for continuation of the Parent Resource Center for a Bright Future, a Healthy Tomorrows Project at the Family Care Center, the acceptance of which obligates the Urban County Government for the expenditure of $100,874 as a local match, appropriating funds pursuant to Schedule Number 151 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $1,100 from Neighborhood Development Funds and the Division of Police for Police Activities League and appropriating and reappropriating funds, Schedule Number 152. Number 13, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements in the council office for funds in the amount of $1,500 from Neighborhood Development Funds for the Senior Intern Program and appropriating and reappropriating funds, Schedule Number 154. Number 14, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $162,282.83 for the WIA Youth Summer Employment Program and appropriating and reappropriating funds, Schedule Number 153. Number 15, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the US Department of Health and Human Services to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $173,458 federal funds, are for operation of the Mash Drop Inn facility, the acceptance of which obligates the Urban County Government for the expenditure of $17,346 to be provided by the Mash Drop Inn operating budget, appropriating funds pursuant to FY10 Schedule Number 10 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, an ordinance closing a portion of McGrath Alley determining that all property owners abutting the portion of the street to be closed have been identified, provided with written notice of the proposed closing and consenting thereto in writing and authorizing and directing the mayor on behalf of the Urban County Government to execute a quitclaim deed, transferring the former right of way to the abutting owner, subject to the reservation of easements for excess and maintenance of existing utilities in the former right of way. Number 17, an ordinance closing portions of Roje Drive and Mall Road, formerly West Tiverton Court, determining that all property owners abutting the portions of the streets to be closed have been identified, provided with written notice of the proposed closing and consented thereto in writing, authorizing and directing the mayor on behalf of the Urban County Government to execute quitclaim deeds, transferring the former right of way to the abutting owners, subject to the reservation of easements for access and maintenance of existing utilities in the former right of way, and authorizing and directing the mayor to accept dedication of right of way required for the reconfiguration of these streets. Number 18, an ordinance adopting the Newtown Pike Extension and Scott Street Connector Traffic Safety and Movement Plan relating to traffic movement, safety, access and design, providing for issuance of permits and conformance with the plan and location and dedication of access roads, specifying the location of median openings, specifying control of access for the Scott Street Connector from the Newtown Pike Extension to the New Broadway Street Bridge, specifying locations of right turn in/right turn out access points, specifying requirements for driveways and entrances and corner clearance, providing that development other than single-family detached and two-family residential structures shall require approval of a final development plan by the Planning Commission, shall be a minimum of two stories and shall comply with the Newtown Pike Extension Commercial Design and Property Access Standards, requiring a report from the Planning Commission prior to adoption of any ordinance altering the textual or graphic representation of this ordinance and authorizing the mayor on behalf of the Urban County Government to request assistance from the Commonwealth of Kentucky and any other person or entity, including the U.S. Government in implementing the provisions of the plan. Number 19, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Heritage Council, which grant funds are in the amount of $9,968 federal funds, are for the Division of Historic Preservation's FY10 Survey and Planning Project, the acceptance of which obligates the Urban County Government for the expenditure of $6,645 as a local match, appropriating funds pursuant to FY10 Schedule Number 11, authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing and directing the mayor on behalf of the Urban County Government to execute a letter of agreement amendment with the Kentucky Heritage Council for extension of the project through August 1, 2010. Number 20, an ordinance amending section 21-52 of the Code of Ordinances, creating one position of environmental enforcement specialist, grade 115E in the Division of Environmental Policy. Number 21, an ordinance amending section 42 of the Code of Ordinances relating to the mistreatment of animals to change the title of the section to Care and Treatment of Animals to define adequate food, adequate shade, adequate shelter, adequate water, and veterinary care, to require that an animal be provided adequate food, adequate water, adequate shade, and adequate safe and sanitary shelter, setting forth standards for collars and harnesses and providing a penalty for violation, amending section 4-12.2 of the Code of Ordinances relating to nuisances created by animals to make prohibitions apply to harborers as well as owners and creating graduated penalties, amending sections 4-12.5D and 4-12.5F of the Code of Ordinances relating to standards for kennels to conform to the definitions established in Section 4-2, and amending session- section 4-19C relating to dogs running at large to require that a dog went off the owner's or harper's property be restrained by a properly fitting collar or harness physically attached to a leash or tether of appropriate material and weight. Number 22, an ordinance amending section 7-17 of the Code of Ordinances changing the custodian of maps, software, data, et cetera for GIS from the Commissioner of Finance to the Chief Information Officer. Number 23, an ordinance creating section 15-1.31 of the Code of Ordinances relating to desig- designating a clean zone for the 2010 World Equestrian Games, creating section 15-1.32 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games, designating the timeframe and geographical boundaries of the clean zone, creating section 15-1.33 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to encompass in the clean zone all real property within the boundaries described in section 15-1.32, creating section 15-1.34 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to prohibit i- the unauthorized selling of goods, services, merchandise, souvenirs, or transaction of a temporary business of any kind in the clean zone, creating section 15-1.35 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to authorize existing businesses in the clean zone to conduct their existing authorized business in the clean zone and prohibiting the unauthorized sale of tickets to the 2010 World Equestrian Games within the clean zone, creating section 15-1.36 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to prohibit temporary signs, streamers, banners, pennants, and inflatables within the clean zone, creating section 15-1.37 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to establish a daily fine of $1,000 for each violation of this ordinance, creating section 15-1.38 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games to establish a savings clause for section 15-1.3, is- creating section 15-1.39 of the Code of Ordinances relating to a clean zone for the 2010 World Equestrian Games for section 15-1.3 to expire at 12:00 AM on October 11th, 2010. Number 24- Madam Clerk, if we could interrupt for just a second, Council Member Gorton. Uh, yes, Mayor. Thank you. Um, our budget office has asked me to make a motion to amend Ordinance 24, and each council member should have received a copy of the memo. I move to amend Ordinance 24 to include the following budget amendments, to provide funds for newspaper advertisements by recognizing deposits from reimbursements for telecommunication franchise ordinance publications PVA storage, record storage, code of ordinance supplement purchases and copies in the amount of $2,490, and to provide funds for bank charges by decreasing funds for debt service. And by way of explanation, during fiscal year 2009, it was decided to pay bank charges out of an expense account instead of charging them against interest earned in our bank accounts. Uh, no budget was established at that time to cover these in- expenses, and this is in the amount of $100,000, so moved. Do- do I hear a second? Second. I have a motion by Council Member Gorton, second by Council Member Blues to amend item number 24 as was specified. Council Member, uh, James. Thank you, Mayor. Council Member Gorton, you may or may not know this, and someone from budgeting may need to speak on it. On the motion related to council clerk, that amount of money, is that going to be added to the amount that we appropriated for advertising for council clerk, or does that free up $2,400? Elizabeth McGee has your answer. Thank you. Um, that is, uh, additional money to cover their bills that they've already received for what they currently have and projected for the rest of this fiscal year. Okay. Thank you. Thank you, Mayor. Any other discussion? Seeing none, those in favor of amending item 24 as specified by Council Member Gorton, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Number 24, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 155. Number 25, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of $11,279.47 from the Family Care Center Volunteer Board Incorporated for support of career and life skills programming and speakers, parent education, academic enhancement, and domestic violence materials and education for the Family Care Center and appropriating funds pursuant to Schedule Number 156. Number 26, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of $200 from the Alpha Delta Chapter of ADK for early child care center classroom supplies for the Family Care Center and appropriating funds pursuant to Schedule Number 157. Number 27, an- An ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of 50 dollars from Mike and Julia Baylog in memory of Dimple Gray for early childcare center classroom supplies for the Family Care Center and appropriating funds pursuant to schedule number 158. Number 28, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of 100 dollars from the Family Care Center Volunteer Board Incorporated for a recognition award for an outstanding graduating student, the, the Family Care Center, and appropriating funds pursuant to schedule number 159. Number 29, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a donation grant from the Easter Seals to the Commission for Citizens with Disabilities to cover the cost of attending the accepts- Accessible Community Transportation Institute to be held July 12th through 15th, 2009 in Washington, DC for designated members of the commission, appropriating funds pursuant to schedule number 160, and authorizing the mayor to transfer unencumbered funds within the donations fund. Number 30, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements in the Division of Code Enforcement for funds in the amount of $800 from Neighborhood Development Funds for Redwood Drive property abatement, and appropriating and reappropriating funds schedule number 161. Number 31, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements and special projects for funds in the amount of $1,000 from Neighborhood Development Funds for prize money for the Fourth of July Float Competition, and appropriating and reappropriating funds schedule number 162. Number 32, an ordinance authorizing and directing the mayor and successors in title on behalf of the Urban County Government to execute and submit a loan application through the Kentucky Natural Resources and Environmental Protection Cabinet and the Kentucky Infrastructure Authority with such assurances and required supporting data as is necessary to obtain loan assistance from the Federally-Assisted Wastewater Revolving Fund, State Revolving Loan Program, and to act as the official project representative to carry out necessary negotiations for and administer the loan assistance the Urban County Government may obtain from the Federally-Assisted Wastewater Revolving Fund, State Revolving Loan Program, which loan proceeds are in the amount of $237,000 federal funds are for the Radcliff Road Drainage Improvements Project, the acceptance of which obligates the Urban County Government to repay 47.9% of the loan at a 2.0% annual percentage rate plus a .2% annual loan servicing fee, appropriating funds pursuant to FY's 10 schedule number 12, and appro- authorizing the mayor to transfer unencumbered funds within the loan budget. Number ... Excuse me. Number 34, 35, an ordinance authorizing and directing the mayor and successors in title on behalf of the Urban County Government to execute and submit a loan application through the Kentucky Natural Resources and Environmental Protection Cabinet and the Kentucky Infrastructure Authority with such assurances and required supporting data as is necessary to obtain loan assistance from the Federally-Assisted Wastewater Revolving Fund, State Revolving Loan Program, and to act as the official project representative to carry out necessary negotiations for and administer the loan assistance the Urban County Government may obtain from the Federally-Assisted Wastewater Revolving Fund, State Revolving Loan Pro- Program, which loan proceeds are on the amount of 2,620,000 dollar federal funds are for the Downtown Streetscape Green Infrastructure Program Initiative, the acceptance of which obligates the Urban County Government to repay 47.9% of the loan at a 2.0% annual percentage rate plus a .2% annual loan servicing fee, fee, appropriating funds pursuant to FY10 schedule number 13 and authorizing the mayor to transfer unencumbered funds within the grant loan, within the loan budget. Number 35, an ordinance approving and adopting a substantial amendment to the 2008 consolidated plan for use of funds from the American Recovery and Reinvestment Act of 2009 and authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the US Department of Housing and Urban Development, which grant funds are in the amount of $555,600 federal funds are for a weatherization program, $245,000, and a single family housing rehabilitation program, $310,600, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to FY10 schedule number 14 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 36, in order to- Madam Clerk? ... authorize- Yeah, interrupt for just a moment. Did you skip number 33 intentionally or unintentionally? Unintentionally. We can go back to that one. Please. Thank you. My apologies. Number 33, an ordinance of the Urban County Government, Urban County Council finding that the Habitat for Humanity project for waterline upgrades for three affordable housing units on Lonedo Avenue meets the guidelines for the expenditure of funds from the Urban Development Action Grant, UDAG Repayment Fund, authorizing the expenditure of $45,000 in such funds to assist with this project and appropriating funds pursuant to schedule number 164. Now, number 36. An ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Department of Local Government, which grant funds are in the amount of $1,371,047 federal funds are for land banking activities, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds, pursuant of FY10 schedule number 15, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 37, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Department of Local Government, which grant funds are in the amount of $512,000 federal funds under the Neighborhood Stabilization Program, are for a redevelopment project to be implemented by Reach Incorporated, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to F- FY10 schedule number 16, and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you very much. Councilmember Henson. Thank you, Mayor. I had a walk-on, and I passed around a, um, copy of an email that explains this ordinance. I move to place on the docket an ordinance authorizing and directing the mayor to execute a contract addendum with the Lexington-Fayette Urban County Health Department, accepting additional funds in the amount of 160,416 for the Home Network Project, a home visitation program at the Family Care Center. So moved. I have a motion by Councilmember Henson and a second by Councilmember, uh- ... Crosby to add that item to the agenda. Is there any discussion? All in favor then of adding that item to the agenda, please indicate by saying, "Aye." Aye. Oppose, no. Motion carries. Madam Clerk. An ordinance authorizing and directing the mayor on behalf of the Irvin County government to execute a contract addendum with the Lexington-Fayette County Health Department, accepting additional funding in the amount of $160,416 for the Home Network Project, a home visitation program at the Family Care Center and appropriating funds pursuant to schedule number 163. Thank you very much. Are there any other motions? Seeing none. Just a moment. All right, if there are no motions, we'll proceed, Madam Clerk, with resolutions entitled to second reading. Resolution number one, a resolution accepting the bids of ExpedX, Saalfeld, and Bauman Paper Company establishing price contracts for toilet tissue and paper towels for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of G&J PepsiCola Bottling Incorporated, establishing a price contract for beverage products for the Division of Parks and Recreation. Number three, a resolution accepting the bid of Clyde Armory Incorporated, establishing a price contract for patrol rifles for the Division of Police. Number four, a resolution accepting the bid of Express Vending Incorporated, establishing a price contract for vending for the Division of Parks and Recreation. Number five, a resolution to bids of Hack Company and Alpha Controls, establishing price contracts for sludge blanket level probe, probe controllers, and related hardware for the Division of Water Quality. Number six, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a five-year addendum to its master license agreement with Computer Sciences Corporation for the Risk Master Mesa software licenses and related maintenance services, which are used in the handling of claims against the government effective July 1, 2009, subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $19,660.20 in fiscal year 2010. Number seven, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Huffman Construction for additional ice storm cleanup services on golf courses for the Division of Parks and Recreation, increasing the contract price by the sum of $4,205 from $50,000 to $54,205. Number eight, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Stewart Contracting for additional ice storm cleanup services for the Division of Parks and Recreation, increasing the contract price by the sum of $4,200 from $39,390 to $43,590. Number nine, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute various facility usage agreements with various baseball leagues for league practices and games at no cost to the government. Number 10, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an equipment rental agreement with Flix Incorporated for rental of video equipment at a cost not to exceed $6,999.33. Number 11, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Tennis Technology for additional crack seal for the Woodland Park tennis courts, increasing the contract price by the sum of $5,000 from $18,418 to $23,418. Number 12, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a commercial services agreement with Insight Business for internet service at the William Wells Brown Community Center at a cost not to exceed $350. Number 13, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a release of easement, releasing a sanitary sewer easement on property located at 1201 Four Pines Court. Number 14, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a partial release of easement, releasing a portion of an access and utility easement on property located at 3228 Summit Square Place. Thank you. That concludes the reading of the resolutions entitled A Second Reading. Is there a motion to approve? Move. Second. Councilmember Myers has moved to adopt those resolutions. Councilmember Gordon has seconded that motion. Is there any discussion? Seeing none, we'll proceed to vote. Those councilmembers in favor of those resolutions, please indicate by voting aye electronically. Those oppose vote nay. Madam Clerk, please call the roll. Mr. Stennet. Here. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Cosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Aye. Ms. Gordon. Aye. Mr. Gray. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yep. Mr. McCord. Yes. And Mr. Meyers. Yes. Thank you very much. Those resolutions are approved. Madam Clerk, if you would give first reading to the resolutions entitled A First Reading. Number 15, a resolution accepting the bids of Worldwide Equipment, Nandino Industrial Electric Incorporated, Bluegrass International Trucks, Carquest Auto Parts, Republic Diesel, S&S Tire Truck Alignment and Brake Center Incorporated, Bill Collins Ford LM, C&M Auto Electric Incorporated, Alton Blakely Ford Line, Mercury Mazda Honda Suzuki, Freedom Dodge Chrysler Jeep, Peterbilt of Louisville, Fleet Pride Incorporated, Wayne Supply Company Incorporated, KOI Autoparts, Powertrain of Kentucky, and Action Reman- Remanufactured Engines LLC, establishing price contracts for automotive and truck parts for the Division of Facilities and Fleet Management. Number 16, a resolution accepting the bids of Blond Lighting and Fixture, Graybar Electric, Westlight Supply Company Incorporated, Brockman Bay Company Incorporated, and Kiana Packaging and Industrial Supply, establishing price contracts for bulbs and ballasts for the Divisions of Facilities and Fleet Management and Community Corrections. Number 17, a resolution accepting the bid of Hall Contracting of Kentucky Incorporated in the amount of $3,842,000 for the contract one South Elkhorn Pump Station improvements for the Division of Water Quality and is authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Hall Contracting of Kentucky Incorporated relating to the bid. Number 18, a resolution accepting the bid of Omaha Standard Louisville establishing a price contract for utility body sewers for the Division of Facilities and Fleet Management. Number 19, a resolution accepting the bid of ELXSI, d- doing business as CEWS in the amount of $173,780 for van equipped with television equipment for sewer inspection for the Division of Facilities and Fleet Management. Number 20, a resolution accepting the bid of NS Paint Incorporated, establishing a price contract for thermoplastic retroreflective pavement markings for the Division of Traffic Engineering. Number 21, a resolution accepting the bid of Bradley Hooked It Up Mobile LLC, establishing a price contract for vehicle steam-cleaning for the Division of Facilities and Fleet Management. Number 22, a resolution accepting the bid of Stony Brook Construction Incorporated in the amount of $22,000 for restroom renovation coroner's office for the Division of Facilities and Fleet Management. Number 23, a resolution accepting the bid of Slate Creek Contracting Services in the amount of $49,800 for the fire training center restroom renovation for the Division of Fire and Emergency Services. Number 24, a resolution accepting the bid of RCS Communication Systems Incorporated, doing business as RCS Communications, establishing a price contract for prisoner restraint cages for the Division of Police. Number 25, a resolution accepting the bid of Judy Construction Company in the amount of $722,250 for the West Hickman Wastewater Treatment Plant equipment improvements for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Judy Construction Company related to the bid. Vote, Ma'am. Number 26. Vote, Steve. A resolution accepting the bid of National Water Services in the amount of $1,027,000 for the West Hickman screw pump removal replacement phase three for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with National Water Services related to the bid. Number 27, a resolution accepting the bid of Team Contracting LLC in the amount of $1,340,000 for the Town Branch Waste Water Treatment Plant primary effluent pump station pumps replacement for the Division of Water Quality, and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Team Contracting LLC related to the bid. Number 28, a resolution accepting the bid of Municipal Equipment Incorporated in the amount of $158,340 for a vacuum sweeper for the Division of Waste Management. Number 29, a resolution accepting the bid of Municipal Equipment Incorporated in the amount of $87,750 for a knuckle boom truck used for the Division of Facilities and Fleet Management. Number 30, a resolution accepting the bid of Information Station Specialists Incorporated in the amount of $106,960 for AM alert radios for the Division of Environmental and Emergency Management Services. Number 31, a resolution accepting the bids of Regal Chemical Company, Lesco Incorporated, Advanced Turf Solutions, Harrels LLC, and the Hill Company establishing price contracts for golf course horticulture products for the Division of Parks and Recreation. Number 32, resolution accepting the bid of Keisler Po- Police Supply Incorporated, establishing a price contract for ammunition for the Division of Police. Number 33, a resolution accepting the bid of ELXSI, doing business as CEWS in the amount of $161,562 for a van equipped with pipeline television inspection system for the Division of Facilities and Fleet Management. Number 34, resolution accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction in the amount of $839,172.32 for construction of phase three of the Bluegrass Aspendale Collector Street Project for the Division of Engineering. Number 35, a resolution accepting the bid of Lexington Manufacturing Center, doing business as Opportunity Workshop of Lexington Incorporated, establishing a price contract for custodial services for Safety City for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of RNL Cleaning Service, establishing a price contract for custodial services for Youth Services for the Division of Facilities and Fleet Management. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Siemens Building Technologies Incorporated for fire alarm testing and inspection for the Division of Community Corrections at a cost not to exceed $23,917. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a HIPAA business associate agreement with the Lexington Fayette County Health Department for sharing of information at no cost to the government. Hold it. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Arbor Masters Tree Service for additional ice storm cleanup services at various parks, the Division of Parks and Recreation increasing the contract price by the sum of $15,145.02 from $26,000 to $41,145.02. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one final to the contract with Wood Wall Construction Company Incorporated for the 12th Street Neighborhood Improvements Project, increasing the contract price by the sum of $32,999.28, from $459,030 to $492,029.28. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one final to the contract with Central Rock Mineral Company LLC for the Star Chute Parkway Extension Project, decreasing the contract price by the sum of $21,163.48 from $1,861,910.79 to $1,840,747.31. Number 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one final to the contract with Claunch Construction LLC for the Bluegrass Aspendale Collector Street phase two, decreasing the contract price by the sum of $506,425.12 from $1,371,268.99 to $864,843.87. Number 43, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with MAC Construction and Excavating Incorporated for the Meadows Northland Arlington Neighborhood Improvement Project, increasing the contract price by the sum of $33,140.44 from $1,176,755 to $1,209,895.44. Number 44, resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with MetaFormers Incorporated for provision of programming services for the Office of Internal Audit at a cost not to exceed 35,000, uh- ... and forty dollars. Number 45. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a maintenance agreement with A.B. Dick CopyCat Incorporated for copier maintenance at a cost not to exceed $12,372. Number 46. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from BVI Double Drive Thru Incorporated and Louise Means for the property located at 410 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $750 plus usual and appropriate closing costs. Number 47. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Tasso Wigginton for the property located at 550 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $175 plus usual and appropriate closing costs. Number 48. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed for the property located at 134 Northwood Drive from Donald and Joan Crawford for the Northwood Drive Storm Water Project and authorizing payment in the amount of $111,700 plus usual and appropriate closing costs. Number 49. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute four partial releases of easement, releasing portions of a sanitary sewer easement on property located at 1950 Fort Harrod Drive. Number 50. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute certificates of consideration and other necessary documents for property interests needed for the Loch Lomond Drainage Improvements Project at a cost not to exceed $225,000. Number 51. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an inter-local cooperation agreement with the Commonwealth of Kentucky and Board of Education of Fayette County, Kentucky to establish the Lexington-Fayette Urban County Land Bank Authority at no cost to the Irvin County Government. Number 52. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a catering sales agreement with the Lexington Downtown Hotel and Conference Center for catering services for the senior intern luncheon at a cost not to exceed $5,000. Number 53. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a catering contract with Hyatt Regency Lexington for the Police Awards Banquet at no cost to the Irvin County Government. Number 54. A resolution amending sections one and two of resolution number 328-2009, which authorized and directed the mayor on behalf of the Irvin County Government to execute agreements for various public purpose projects for the Office of the Irvin County Council, deleting the allocation to Lafayette High School Girls Booster Club Incorporated, $1,000. Number 55. A resolution amending resolution number 122-2009, canceling the Adopt-a-Spot Agreement with Tates Creek High School Lacrosse Club and authorizing and directing the mayor on behalf of the Irvin County Government to execute a rural and inner city Adopt-a-Spot Program Agreement with Bluegrass Youth Development Center for participation in the Adopt-a-Spot Roadway Cleanup Program at a cost not to exceed $522.98. Number 56. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute agreements with the CASA of Lexington Incorporated, $1,225, Hunting Hills Neighborhood Association Incorporated, $500, Georgetown Neighborhood Association Incorporated, $1,575, Southern Heights Neighborhood Association Incorporated, $1,500, and Overbook Place Homeowner's Association Incorporated, $1,500 for the Office of the Irvin County Council at a cost not to exceed the sum stated. Number 57. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute agreements with CASA of Lexington Incorporated, $100, Friends of Raven Run Incorporated, $1,500, Cumberland Hill Neighborhood Association Incorporated, $500, Pine Meadows Cardinal Hill Mason Headley Neighborhood Association Incorporated, $2,500, Golf View Estates Neighborhood Association Incorporated, $1,000, and Neighbors of Bryan Station Incorporated, $800 for the Office of the Irvin County Council at a cost not to exceed the sum stated. Number 58. A resolution accepting and adopting the financial audit report prepared by Blue and Company LLC for the audit of the Family Care Center Health Clinic covering the period from July 1, 2007 to June 30, 2008. Number 59. A resolution adopting the arbitration opinion in a work with regard to a disciplinary matter relating to firefighter Christopher Need, ex- except that the provision finding that Firefighter Need may be entitled to unscheduled overtime pay is not adopted, and further noting that all parties to the arbitration agree that the adoption of the arbitration opinion and award with the noted exception is a complete and final resolution to this disciplinary matter. Number 60. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Health Way Trail Project through June 30, 2010 at no cost to the Irvin County Government. Number 61. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an engineering services agreement with H.W. Lochner Incorporated for right-of-way services for Newtown Pike Extension Project Mitigation Area at a cost not to exceed $196,650. A resolution ... Number 62. A resolution supporting the use of Blue Horse logo by the Lexington Convention and Visitors Bureau and authorizing and directing the Lexington-Fayette Urban County Government to work in conjunction with the Lexington Convention and Visitors Bureau and any other necessary parties in placing the Blue Horse logo on way-finding signs and in developing other uses by the Lexington-Fayette Urban County Government that promote Lexington-Fayette County, Kentucky. Number 63. Resolution ratifying the probationary civil service appointments of David Stone, Administrative Officer, Senior Grade 120E 3269.28 bi-weekly in the Department of Environmental Quality, effective June 15, 2009. Sarah Johnson, Social Worker, Grade 113E 1154.80 bi-weekly in the Division of Youth Services, effective June 22, 2009. Chester Keele, Administrative Specialist Principal, Grade 114E 1958 bi-weekly in the Div- Vision of Police, effective June 8, 2009. Hannah Laura Born, A- Administrative Officer, Grade 118E 2839.44 bi-weekly in Division of Waste Management, effective June 8, 2009. Charles Bowen, Telecommunicator, Grade 111N 18.246 hourly in the Division of Emergency Management 911, effective June 22, 2009. Douglas Turner, Telecommunicator, Grade 111N 18.246 hourly in the Division of Emergency Management 911, effective June 22, 2009. Michelle Haines, Telecommunicator, Grade 111N 18.246 hourly in Division of Emergency Management 911, effective June 22, 2009. Vonda Melton, Human Resources Manager Senior, grade 121E3076.92 biweekly in the Division of Human Resources, effective June 15th, 2009. Curtis Hale, Telecommunicator Senior, grade 113N18051 hourly in the Division of Emergency Management 911, effective June 22, 2009. Ratifying the probationary sworn appointments of Charles Bonta, Fire Captain, grade 316N21770 hourly in the Division of Fire and Emergency Services, effective April 13, 2009. Gregory Beck, Fire Lieutenant, grade 315N16.806 hourly in the Division of Fire and Emergency Services, effective April 13, 2009. Sam Murdock, Police Sergeant, grade 315N27.013 hourly in the Division of Police, effective June 15, 2009. Maria Roberts, Fire Captain, grade 316N21.770 hourly in the Division of Fire and Emergency Services, effective May 25th, 2009. Lee Hayden, Fire Lieutenant, grade 315N16.806 hourly in the Division of Fire and Emergency Services, effective May 25, 2009. Ratifying the probationary community corrections officer appointments of Jacob Crawford, Yolanda Elko, Nicholas Elko, Dustin Wynn, community corrections sergeant, grade 112N22.520 hourly in the Division of Community Corrections, effective May 11, 2009. Approving the unclassified civil service appointment of Charles Meade, van driver, grade 104N9.146 hourly in the Department of Social Services, effective June 8, 2009. Number 64, resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement granting additional responsibility pursuant to KRS198B.0605 with the Commonwealth of Kentucky's Department of Housing, Buildings, and Construction, specifying the enforcement responsibilities within Lexington-Fayette County at no cost to the Urban County Government. Number 65. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from the Lexington-Fayette Urban County Housing Authority for property located at 467, 567, and 697 Georgetown Street for the Georgetown Street Sidewalk Project at no cost to the Urban County Government. Number 66. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 133 Northwood Drive from Stephen and Linda Watts for the Northwood Drive Stormwater Project, and authorizing payment in the amount of $116,700 plus usual and appropriate closing costs. Number 67. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an official merchandiser agreement with Hands-On OriginalS for Spotlight Lexington at no cost to the Urban County Government. Number 68. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a presenting sponsorship agreement with Saint Joseph Health Systems for Spotlight Lexington at no cost to the Urban County Government. Number 69. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a sixth amendment to agreement with AmeriNational Community Services Incorporated for loan servicing for the HOME and CDBG housing rehabilitation and home ownership programs to extend the agreement through June 30, 2010, at an additional cost not to exceed $30,000. Number 70. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Isaac Scott Hathaway Museum Incorporated for site improvement projects neighborhood development bond funds at a cost not to exceed $11,000. Number 71. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Cove Haven Cemetery Incorporated for the tree maintenance and removal project, neighborhood development bond funds at a cost not to exceed $14,600. Number 72. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Strand Associates Incorporated for the feasibility study and engineering design of the Legacy Trail project, increasing the contract price by the sum of $573,300 from $496,000 to $1,069,300. Number 73. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Strand Associates Incorporated for the Town Branch wastewater treatment primary effluent pump station pump replacement design project, increasing the contract price by the sum of $13,203 from $64,000 to $77,203. Number 74. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Jarbo Construction Incorporated for the Carver Center passenger elevator, increasing the contract price by the sum of $2,972.96 from $128,325 to $131,297.96. Number 75. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an engineering services agreement with HDR Engineering Incorporated for the Wolf Run Pump Station expansion and relocation project at a cost not to exceed $368,550. Mayor. Councilmember Martin. I'd like to make a motion to request the law department, uh, to correct an error in item 76 to reflect that the, uh, resolution is approving the two th- fiscal year 2010 budget of LexTran and not the fiscal year 2009 budget. Second. M- motion and a second to amend resolution number, uh, 76 to reflect FY10 instead of FY09. Any discussion? All in favor, please say aye. Aye. All opposed, no? Motion carries. Thank you, Mad- Madam Clerk. Number 76. A resolution approving the FY10 budget for the transit authority of the Lexington-Fayette Urban County Government, LexTran, pursuant to KRS96A.360 and requesting that the acting commissioner of finance authorize the Fayette County Sheriff's Office to disburse the funds to LexTran, collected from the ad valorem tax approved by voters on November 9, 2004. Number 77. A resolution authorizing and directing the mayor on behalf of the Lexington-Fayette Urban County Government to execute a lease agreement with Kentucky Medical Services Foundation Incorporated, FBO University of Kentucky, and an asset transfer agreement with the University of Kentucky under which the University of Kentucky will lease and operate the Family Care Center Health Clinic at 1135 Red Mile Road. Number 78, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a contract with Thompson West for online legal research and publications at a cost not to exceed $35,000. Number 79, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute agreements with Kentucky Humanities Council Incorporated, $650, Citizens Police Academy Alumni Association Incorporated, $2,000, Bryan Station High School Alumni Association Incorporated, $425, Psi Tau Chapter of Omega Psi Phi Fraternity, $325, Forest View Town Homes Association Incorporated, $500, Woodfield Homes Association Incorporated, $1,125, Healthway Trail System Incorporated, $5,700, Antioch Missionary Baptist Church Incorporated, $200, Highlands Neighborhood Association Incorporated, $200, Georgetown Street Area Neighborhood Association Incorporated, $1,635, Oakwood Neighborhood Association Incorporated, $300, Hope Center Incorporated, $1,000, Hope Center Incorporated, $1,000, Columbia Heights Neighborhood Association Incorporated, $1,000, Mentell Park Neighborhood Association Incorporated, $1,000, Seven Parks Neighborhood Association Incorporated, $600, the Southland Association Incorporated, $500, Isaac Scott Hathaway Museum Incorporated, $350, Girls on the Run Lexington Corporation, $500, Squire Oak Homeowners Association Incorporated, $1,000, Andover Neighborhood Association Incorporated, $1,000, Bluegrass Fraternal Order of Police, $1,000, and Woodhill Neighborhood Association Incorporated, $1,700, Stuart Hall Homeowners Association Incorporated, $1,000, Walnut Creek Homeowners Association Incorporated, $100 ... $1,000, Chellsburg Maintenance Association Incorporated, $1,000, Eastlake Neighborhood Association Incorporated, $1,000, and Citizens Fire Academy Alumni Association of Lexington, Kentucky Incorporated, $3,155 for the Office of the Irvin County Council at a cost not to exceed the sums stated. Number 80, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an amendment to agreement with the Bluegrass Area Development District for additional funding in the amount of $162,282.83 to add a summer youth employment component to the agreement. Thank you, Madam Clerk. Are there, uh, any motions with regard to those resolutions? Councilmember Lane? I'd like to make a motion to suspend the rules for a second reading on resolution number 17. Uh, the purpose of this second read is to accelerate construction of the South El Corn pump station improvements. We have a motion and second to suspend the rules for purposes of giving, uh, second reading to item number 17. Are there others? Councilmember ... all right, Councilmember Ellinger. Thank you, Mayor. I'd like to suspend the rule and give second reading to number 52, please. All right. Any others? Councilmember James. Thank you, Mayor. Um, I'd like to suspend the rules and give second reading to number 34, as well as number 42. Coun- Councilmember Gordon. Thank you, Mayor. I would like to suspend the rules and give second reading to number 53. Are there any others? Mayor. Councilmember Blues. Thank you, Mayor. 47 and 65, please. Councilmember McCord. Uh, number 60, please. Mayor. Councilmember James. I have two others related to that Neighborhood Development Bond Fund, number 70 and 71. Councilmember Ellinger, did you have one? No, Okay. All right. Any others? Number ... I'm sorry. And one from the administration, um, number 80, they requested. Thank you. I believe there was an issue with regard to item number 14, and I know there is a, um, budget schedule here, and I may need some guidance from the Department of Law on, um, number 14. 14 All right. Very well, we'll move ahead. All right, at present, I have, um, the following resolutions listed for second reading. Number 17, number 34, 42, 47, 52, 53, 60, 65, 70, 71, and 80. Did I miss any? All right. Uh, those in favor of suspending the rules to give second reading to the, uh, resolutions just identified, please indicate by saying, "Aye." Opposed no. Motion carries. Madam Clerk. Number 17. A resolution accepting the bid of Hall Contracting of Kentucky Incorporated in the amount of $3,842,000 for the Contract 1 South Elkhorn Pump Station Improvements for the Division of Water Quality and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Hall Contracting of Kentucky Incorporated related to the bid. Number 34. A resolution accepting the bid of LM Asphalt Partners Limited, deeming the business as ATS Construction in the amount of $839,172.32 for construction of phase three of the Bluegrass Aspendale Collector Street Project for the Division of Engineering. Number 42. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with Conche Construction LLC for the Bluegrass Aspendale Collector Street Phase II, decreasing the contract price by the sum of $506,425.12 from $1,371,268.99 to $864,843.87. Number 47. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Tasso Wigginton for the property located at 550 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $175 plus usual and appropriate closing costs. Number 52. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a catering sales agreement with the Lexington Downtown Hotel and Conference Center for catering services for the senior intern luncheon at a cost not to exceed $5,000. Number 53. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a catering contract with Hyatt Regency Lexington for the Police Awards Banquet at no cost to the Urban County Government. Number 60. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Healthway Trail Project through June 30, 2010 at no cost to the Urban County Government. Number 65. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from the Lexington-Fayette Urban County Housing Authority for property located at 467, 567, and 697 Georgetown Street for the Georgetown Street Sidewalk Project at no cost to the Urban County Government. Number 70. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Isaac Scott Hathaway Museum Incorporated for site improvement projects, neighborhood development bond funds at a cost not to exceed $11,000. Number 71. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Covehaven Cemetery Incorporated for the tree maintenance and removal project, neighborhood development bond funds at a cost not to exceed $14,600. And number 80. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Bluegrass Area Development District for additional funding in the amount of $162,282.83 to add a summer youth employment component to the agreement. Thank you. Is there a motion to approve those resolutions? Second. Second. Councilmember Crosby's move that those resolutions be adopted. Councilmember Gordon has seconded the motion. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed vote no electronically. And Madam Clerk, please call the roll. Mr. Stennet? Yes, ma'am. Mr. Beard? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigel? Aye. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? No. Mr. McCord? Yes. And Mr. Meyers? Yes. Thank you. Those resolutions are unanimously approved. Um, Councilmember Ellinger. I'd like to amend the docket if I could and allow for public comment at this point on items outside of, um, what is gonna be talked about with the second reading of ordinances for the, um, the Taste Creek sidewalk, if that's okay, because I think we have people here who'd like to speak that otherwise we might be here quite a long time before they'll get to have public comment. So, if we could do it now for everybody except who went to comment on the, the sidewalks, then we can, if they don't wanna stay for the, I think we have over a hundred people who are gonna be speaking, so it could be a, a long night. So I make that motion. Second. I have a motion by Councilmember Ellinger and a second by Councilmember Crosby- Excuse me, could you repeat the... Yes, to amend the docket to permit public comment at this time on all issues other than the sidewalk issues. Only the mayor's. Yeah. Is there any discussion? All in favor then of amending the docu- docket as indicated, please, uh, let it be known by saying aye. All: Aye. Opposed no? Motion carries. Um, hold on for just a minute. I'll see if we have a list. It appears as though, uh, two individuals have indicated a desire to speak on issues other than the sidewalk, if I'm reading my list correctly. Uh, the first is Adam Jones. Mr. Jones, if you'd, uh, step to the podium and give us your address. You'll have three minutes. Thank you, Mr. Mayor and council members. Uh, I'm Adam Jones. I live at 909 Somerville Drive. And I'm speaking with you tonight on behalf of the BUILD organization. Um, we're a organization of 21-member congregations in, from various parts of the city, and we have a little over 70 citizens here tonight. If you all would like to stand, you know. Uh, so there we are. Thank you. Um, we held our, uh, Nehemiah Action in March, and we had 1,300 citizens turn out for that. And we, uh, requested commitments on education, healthcare, and housing. We're here tonight, uh, to show our support, our full support, for an affordable housing trust fund of at least $3 to $5 million, uh, fully funded. Um, I wanna mention a couple of facts about housing that you may be familiar with. Um, 45%, over 45% of our renter households pay over 30% of their income for rent. Uh, 15%, or about 8,500 now, uh, pay over 50% of their income for rent. Uh, we believe that the affordable housing situation in Lexington is dire. Um, we have... The Affordable Housing Trust Fund Commission Report, uh, demonstrated that, uh, if an affordable housing trust fund of $3 to $5 million was fully funded, it would generate or produce 336 units of new housing or rehabilitate 1,400 units of housing. And for the fir- first $1 million put into that affordable housing trust fund, it would generate, in the first year, over $6 million in economic revenue. Um, and every year thereafter, a little over $3 million. So BUILD generally thinks the affordable housing trust fund of $3 to $5 million fully funded is a good idea for our city. Uh, we commend Councilmember Ehlinger and Councilmember James, uh, for their work on the mayor's Affordable Housing Trust Fund Commission and their other work in affordable housing. And we also commend the request to Vice Mayor Gray to put together a task force to address, um, the Affordable Housing Trust Fund. The position of BUILD and its citizens, um, is that we believe that any task force that's put together, uh, addressing affordable housing needs to have a clear mandate, um, charging it not with revisiting all of the issues that the mayor's Affordable Housing Trust Fund Commission has already worked through, but rather with addressing specifically the issue of how, not whether, to fund an affordable housing trust fund at a level of $3 to $5 million. Now, we believe that this is a proven solution in over 600 other juror- jurisdictions across the country. Uh, and it is a long-term solution to the affordable housing crisis in various places in, in, in the US. Um, from this point forward, BUILD will have a smaller group, uh, here at the council meetings, uh, going forward in support of that trust fund. And we look forward to, uh, further conversations with you individually. Thank you very much for your time. Thank you, Mr. Jones. The only other person who appears to wish to address an issue other than the sidewalks on Tate's Creek Road is Ms. Murphy, Mary Murphy. Ms. Murphy, if you could step to the podium. Excuse me, I'm ... Yes. Vice Mayor Gray? While Ms. Murphy's coming to the podium, I'll just... Uh, I thought I would mention, Adam, that in regard to the task force, that in conversations with Benjamin, uh, we had discussed that the task force will begin its work as soon as we get through the budget on the 25th. And I think, Bill, Bill Ember, we had that conversation as well. And Diane Lawless has agreed to, uh, to chair it. Thank you. Ms. Murphy, if you- Okay. ... could give us your street address, and you'll- So I'm here, uh- ... have three minutes, ma'am. ... 521 East Main Street, Apartment A10, Lexington, 40502. Some of you, I recognize. Uh, I hate to tell it, guys, but you all didn't pay attention to what you were doing with Cedar Point. I think most of us realize this, and you do too. The Webb Company has had problems with building for many, many years. Think about the West Coast of Florida when they put up one of their housing projects. They walked out, left a mess, and the cities had to pick up the pieces. Same thing happened in Arizona. They had shabby, shoddy workmanship, and, uh, the, the pipes that go underneath, uh, for sewage discharge and stuff like that, a lot of that was never done. So be prepared. The other thing, the hotel will not be completed in time for 2010. I think you need to find ways of canceling the contracts, because they have not fulfilled their agreements, and get out of this mess. Now, I know you all are gonna say, "Well, there's... People have, uh, they own the properties." Well, that may be fine, but if you think about what happened in Connecticut with emiment- imminent domain, the United States Supreme Court said that in the basis of the good for the, the people, that that could be taken by eminent domain, those properties up there. Second thing is build something for all of Lexington, not just a few chosen few. Build something like Rockefeller Center. Some of you, maybe not, have not seen Rockefel- feller Center. I would assume most of you have. You could have a nice restaurant at one end of the pit that's out there. You could have another area on the other end for the young people. ... selling sodas, hamburgers and stuff. But the nice restaurant would be a high-end restaurant. You could have a skating rink, and a place for people to sit and watch and enjoy. And during the winter, you could have an ice rink. There's nothing I would like better, having come from the north, to sit out there in the winter, having a nice cup of hot chocolate with somebody I care about back there. I'm not that old that I wouldn't enjoy it. You also could have skating shows and, uh, let's see. Young lovers. It'd be a nice place in spring and fall. That would be something to bring people down here. And I'm not talking about people that would deface the area. I'm talking about young people. Some of you- Miss Murphy. ... who would enjoy it. Miss Murphy, your time has expired. Okay. I'm finishing. Took me a long time to get here. Alcohol sold only at the restaurant, and don't put up Prometheus. A horse would do fine. The last thing. Mr. Greenberg would be nice if he was a good benefactor to the city and sell his portion to the city for $1 for 99 years. Miss Murphy, your time has expired. Thank you very much. Mr. Webb could do the same thing. Oh, by the way. Just- I'm one of those damn fools. Is there anyone else that wishes to address the council? Mr. Mars, if you would step forward, give us your street address. You'll have three minutes. Does anyone else wish to address the council on issues other than the sidewalks? Very well. Hello, my name is Eric Achamara, 207 Cassidy Ave. I'll let, I'll let these guys lead. He has nothing to do with this. I'm just saying. I'm just saying. I'm very used to this, actually. Laugh, lose. I'll be on. Yep. I will, uh, mention to the folks who may be located on the first floor, that if you'd like to come up, we have a number of vacant seats, uh, now. Can you please get... Here. Yeah. All right, Mr. Mars, let's, let's proceed. Should I wait for them? Let's go. Okay. Well, my three-minute timer is not here right now, so I'm just gonna try to squeeze in the three minutes if I can. But just for everybody on, on TV and also in the audience, and in the... After listening to y'all's conversation today about, uh, the dire need for economic development in our city, and as I think Councilman Lall has pointed out, we don't have a plan. Jay McCord, I totally agree, we don't have a plan. And so the discussion right now for Lexingtonians is, what is our brand? What is our image? What's our logo? That's part of our discussions going on in Lexington right now. The Herald-Leader wrote about it a couple weeks ago. And this is my big thing. And so, how we review... how we view ourselves and how we're viewed by the world likely is the most vital, important, and valuable discussion we could ever have, in my opinion, when, especially when it comes down to our economic bottom line. So, what is a brand to begin with? This is really imp- I don't know if really people know what a brand is. It's not in and of itself a picture or a logo or a tagline. It is your essence. It is, it's an emotional impression. It's your culture, your values system. Your brand is your identity. And if you know Starbucks coffee versus Speedway Coffee or Nike shoes versus Kmart Blue Light Special shoes, you know that your brand largely determines your economic bottom line. And many of you here are here actually for a trust fund, actually, or were. So, what is Lexington? Can you turn the lights down for a second? What is Lexington? What is our true identity? If you can... I don't know if the lights can go down or not. So, the issue is a blue horse, which is very beautiful, and so my idea is I think actually we should brand our people, our brain power, and so I decided, how about a blue brain? And I'm being kind of facetious, but if you look at all of our assets in our city, our brain power is extremely, uh, valuable, but for the most part, it's overlooked. Uh, just recently, talking about branding, the new coach, John Calipari, said, "We need to rebuild the brand of Kentucky basketball." I'm pretty sure if UK Basketball's brand needs to be rebuilt, I'm sure Lexington's brand could be rebuilt at least a little bit, especially nationally. Ultimately, in my opinion, we must return to being about our people. I'm not against horses, but I'm for our people, our major economic assets. I will go back to this council's and this city's favorite person, Richard Florida, who says it himself, "People are your key economic growth asset. To truly prosper, you must tap into and harness the full creative potential of your people. Successful cities allow people to validate their varied identities." So, though, are people any good or not? Are, is Lexington known for our people? Originally, back before horses came on the scene, or very beginning of Lexington, we were known as the Athens of the West. Look at some of the people that came from this area. Abraham Lincoln, who is now on Mount Rushmore, Senator Henry Clay, John Pope, who was a senator here, was gonna run for president, John Breckinridge ran against Lincoln, uh, for the presidency in 1860, Jefferson Davis, from this area. ... is my time up? Y- you've got about one second now- Okay. ... uh, Mr. Morris. Can I have three more minutes? I... Uh, only with approval by the council. So... I'm about halfway through, so... All right. That... Your time has expired. I move to give one more minute. Mr. Ellinger... Council Member Ellinger has moved to give you one additional minute. Is there a second? Have a second. Okay. All in favor, please indicate aye. Aye. Oppose, no. Motion... No. Okay. Those in favor of extending Mr. Morris's time by one minute, please raise your hand. Those opposed? Motion carries. You have one additional minute, Mr. Morris. The people who voted no, I doubt I'll see your names on this anytime soon, but thank you very much. Lexington's true history, Athens of the West. In the day we had... You can't see it, I'm sorry. The lighting's bad. I'll read it for you though. Thomas Jefferson told his colleagues, "We have to build a University of Virginia. If we don't, all of our sons and daughters are going to come to Lexington." Because the Transylvania University in those days was the Harvard of this area. Now, we have brains leaving Lexington. Talking about economic development, we have to tap into and use our brains. The truth is, in Lexington, we have the second most educated workforce in the country as far as people with high school diplomas or higher. College degrees per capita at number 11 in the country. This is who we really are. Our financial structure, eight... This is... People don't know this either. 83% of our local dollars come from the local payroll tax. Doesn't make a difference how many horses sell for zillions of dollars at Keeneland, that doesn't pay the bills for Lexington. It's about good jobs here. Good jobs come from good businesses, which come from good innovation, which come from good brainpower. This is what pays the bills for all of your city services. Richard Florida about people again. Uh, one... The most prominent Kentuckian maybe in, in our lifetime said... Mr.- This is really important, and I'll be done. N- uh, uh, please wrap up right away because we've got 100 people- I understand. ... that are scheduled to speak tonight- I understand. ... and, and we can't be extending the time for each individual- I understand. ... that comes along. Uh, maybe Kentucky's most prominent civic and business leader of all time who's alive still today said, "Lexington grows its horses, not its brains." And so it's my contention that we need to promote our people just as much as we promote our horses. Thank you so much. Thank you, Mr. Morris. All right. I think given the motion made by Council Member Stennett at the beginning of the meeting, we're now prepared to go back and give second reading to Ordinance Number Seven. Madam Clerk? Number Seven, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $811,360 federal funds under the Congestion Mitigation Air Quality Program are for the Tates Creek Road Sidewalk and Transit Improvements Project, the acceptance of which obligates the Urban County Government for the expenditure of $202,840 as a local match appropriating funds pursuant to Schedule Number 146 and authorizing the Mayor to transfer unencumbered funds within the grant budget. For purposes of, uh, getting the discussion going this evening, is there a motion to approve that resolution? Move approval. Second. Have a motion by Council Member Blues and a second by Council Member Gordon to approve, um, that, uh, ordinance. Is there a discussion? Are we prepared to hear from the individuals who wish to address the Council? All right. Let me tell you how, uh, I suggest we proceed this evening, in, in keeping with the way we, uh, typically solicit public input. I trust those of you who wish to speak have, uh, signed up already. I don't know in what order, um, uh, whether these individuals are in favor or against. And so, I'm just gonna start at the beginning and work through them. Some of you did sign a signup sheet indicating whether you were in favor or against. Most of the people, um, though did not. So each of you will be given three minutes to address the Council. We'd ask that you step to the, uh, podium and give us your name and address. I will also ask the next speaker to come and stand nearby, um, perhaps taking the chair over there just behind the, uh, the podium, so that we can keep things moving along. Um, I'd also... I know people feel very emotionally about this, but, uh, I'd ask for you to refrain from any, uh, applause or, uh, other remarks about the comments being made by the speakers so that we can move through as rapidly as possible this evening. Finally, uh, to the extent the comment that you, uh, uh, intended to make is one that has already been made by someone who has already spoken this evening, um, I would appreciate your, your... just, uh, briefly summarizing your remarks or referring to the prior speaker with whom you agree, so that, um, uh, we don't have 100 people saying the same thing 100 times. With that, we'll begin. The first individual on the list is Sherry Greer. Ms. Greer, if you would step to the podium, please. And the next speaker will be Mary Todd Fishel. Ms. Fishel, if you would step around and, uh, stand by, please. Uh, Ms. Greer, if you would give us your, uh, street address, and, um, you'll be given three minutes. Hi, I'm Sherry Greer, 2035 Hart Road, and I give my time to Bruce Simpson. Very well. Mr. Simpson? And Ms. Fishel, uh, do you -- All right, you'll have six minutes now, Mr. Simpson. Uh -- Mayor, um, eh, for the sake of, uh, the record and in keeping with the protocol, um, by no means do I intend to use all the allotted assigned time, but, um, as I stand here at this moment, I do have 25 people who've assigned three minutes to me on their behalf. I will not need that much time, I assure you, but I have their names. They are on the sign-up sheet. They will be speaking. And so, I think for the sake of, uh, brevity and expedition of our case, I can tender this to you if you'd like. Eh, e- yes, now if they're yielding their time to you, that means they're foregoing their personal time to speak. Do you understand me? I'm sorry? If they yield their time to you, they're foregoing their time to speak. That's correct, yeah. Okay. People on this list. All right. Yeah, if you will pass that to me, then, uh, I'll check those folks off the list. And we'll see you in about 75 minutes. Yeah, we'll you see later. I have, uh, passed out some informational booklets, um, members of the council, and I also have just a few other exhibits to, uh, to tender with you, or tender in action with this hearing. Yes, ma'am? Um, is it possible that the, uh, group could know the people who are relinquishing their time for Mr. Simpson? Could they identify themselves, please, by standing -- Sure. ... and giving us their names? That, that would be fine. Let me, uh, read the list, um, that Mr. Simpson gave me just a moment ago. And if you're here, if you'd just please stand. Uh, I know Ms. Greer and Ms. Fishel are here. Um- May I- Jill Ma- I was gonna say, I think there's still people downstairs too, so if she's asking them to stand, and there may be some downstairs. That's a good point. Um, if... All right, great. Everybody's been able to come upstairs now. Uh, Jill McCarty? Elizabeth Lange? Is it Graham Lange? Barbara Bennett? Ms. Bennett? Oh, thank you. Uh, Van Fossen? Bernard Branch? Bernard Branch? Um, Bea Strauss? Bea Strauss? I'm sorry. Uh, Al Strauss? Ada Pittman? Thank you. John Pittman? Carly Reid? Ms. Reid? All right. Ryan Reid? Are they here? No. They had family emergencies and were not able to attend. All right. Mr. Hillemeier? Louis, Louie Hillemeier? I think they're not gonna be here either. He was here. He was gonna attend. Okay. Megan Greer or Greene? Okay. Catherine McCreary? Pard- pardon me? Thank you. Kelly Fry? Patrick Green? Thank you. Addison Fry? Thanks. Margarita Ahern? Ms. Ahern? John Ahern? Jerry Vaughn? Linda Duff? Excuse me, just Linda Duff? All right. Now, let me see. I've got one, two, three, four, five, six, seven individuals who aren't here, including Mr. Hillemeier. So that, and there were 24 listed here, so that would leave 17. Yes, sir? Charles Jeanette and, pardon me? Mary Jeanette. Thank you, Mr. Jeanette. Just a second. Council member Wallace? Um, I would like to move that we limit this presentation to 15 minutes. We do that with all other presentations. And, um, as far as I know, sometimes one or two people will give their time over. We're talking about an hour and 15 minutes. So I would like to move that the presentation be limited to 15 minutes. Thank you. There's a motion to limit the presentation to 15 minutes. Do I hear a second? Point of order. Council member. It's not a presentation, per se. No, it's not. This is, this is, this is comments. Three-minute comments. Well, the motion's gonna die for lack of second. And by my count now, you have 19 times 3 or 57, 57 minutes available to you. Yes? I don't need that much. I didn't c- have all night, all night, all day long. Two of them, right? ... Al Lawton? Lawton. Thank you, Mr. Lawton. All right. Mr. Simpson, please proceed. Uh, just a moment. Council Member Myers. Tha- thank you, Mayor. I do have one question. If you were to come up to the podium and speak, you would have to give your name and your address, and I think it's important that we know where people live. I hate to have you start over again, but if the folks are here and they're gonna yield their time, I think that they need to stand up and say their name and their address. I'd agree. At, at the mic. O- and, and at the mic. If it makes any difference, I think I have most of those addresses listed here already, uh, from where people signed in. Right, but we, but we didn't, uh, I think that we need to identify, just like we do anytime- Okay. ... the person with their address. Any objection? No. Very well. Pardon us for going through the process again, here. Uh, Ms. Greer, if, if you could stand and give us your address, please. At the mic. At the mic. At- 2035 Hart Road. All right. All right. Sherri Greer, 2035 Hart Road. Ms., Ms. Fishel, if you'd step to the microphone, please. Ju- Well, I think I can hopefully speak loud enough. Uh, we can't, w- we can't hear you. That's not the point. The public. It's for the public. And Jill McCarty, please. I'm Mary Fishel. I live at 1620 Tates Creek Road. Thank you. Jill McCarty, 2709 Tates Creek. Elizabeth and Graham Lang, please, followed by, um, Bee Bennett and Vann Fossen. Elizabeth Lang, 2705 Tates Creek. Graham Lang, 2705 Tates Creek Road. Thank you. Barbara Bennett, 3217 Tates Creek Road. Linda Van Fossen, 3220 Tates Creek Road. Thank you. Wesley Benard Branch, 3217 Tates Creek Road. Okay. Ms. Walters, Mr. Straus? Ms. Straus? Howard Walters. I'd like to relinquish my time to the attorney. And your address, please, sir. Sir? Your address. What's your address? They wanna know your address. 2965 Runnymede Way. Thank you very much. Al Straus, 3201 Tates Creek Road, and I speak for my wife, too, who doesn't wanna come up here. Had enough of this. Thank you. All right. Mr. Lear, Darrell Lear, followed by Ada Pittman and John Pittman. Uh, Darrell Lear, 1110 Gainesway Drive. Thank you. Ada Pittman, 808 Old Aubin Road. John Pittman, 808 Old Aubin Road. Uh, Ms., uh, Carlie Reed, uh, followed by Judy Worth and Ryan Reid. They're not on here. I can't, uh, my difficulty is I'm havin' a hard time reconciling Mr. Simpson's list with all the individuals who signed up to speak. I will do that as Mr. Simpson progresses, but we'll get everybody on the list, here. Ms. McCre- McCreary? Catherine McCarty. McCarty. 2121 Woodleigh Circle. All right. Kelly Frye? And I'm gonna speak for my daughter, Addison Frye, as well. 3629 Burning Tree Lane. Thank you. Patrick Greene. Addison, okay. Patrick Greene, 1082 Lakewood Drive. And Mr. and Mrs. Jeannette. Charles Jeannette, 3252 Tates Creek Road, and also Mary Jeannette. All right. I'm Mary Jeannette, 3252 Tates Creek Road. All right. Thank you for your cooperation. Yes? Megan Greene, 1082 Lakewood Drive. Thank you. Now, is there anyone who intended to yield their time to Mr. Simpson who's not stepped up? Yes, sir. Uh, could you, could you come forward, please? My name is Tim Buckingham. In the, uh, spirit of fun and games, I need to go home and put my daughter to bed, so I'd like to use my three minutes to take away three minutes from him, if possible. Would that be all right? It's worth a shot. Everybody have a good night. Thank you, Mr. Buckingham, but, uh, it doesn't work quite that way, here. It'd be nice if it did some nights. All right. And Mr. Lawton, right? Yes, I'm Al Lawton, 308 Strathmore Road, which is on the north side of town. Okay, great. Now, I think I've gotten everybody on Mr. Simpson's list, and, uh, the last count, there were 20 people, so, Mr. Simpson, you'll have up to an hour. Well, Mayor and members of the council, I like you, but not that much, so I won't be here 60 minutes, although I appreciate the courtesies that, uh, the group, uh, has extended to me. Um, I would ask that the extent to which I don't use the full 60 be made available for, um, other people to speak in connection, should they choose to do so. I try to, uh, tend to keep my re- remarks limited- My name is Bruce Simpson. I'm here tonight on behalf of the Tates Creek Road Preservation Association, which is a relatively new organization comprised principally of homeowners who have property in the area that's proposed for sidewalks that's part of the resolution that you all are here tonight, uh, for a second reading. There are other members of our association. You have heard from some of them in terms of their names and addresses, and the list is growing. Uh, I suppose, um, I have been involved in a number of cases before this chamber over the past, uh, several years. Uh, this is the first time that I have been, uh, before this body with respect to sidewalks. Uh, and I think it's fair to ask, as has been, uh, even stated in today's paper, why the controversy? What is wrong with sidewalks? Fair question. Um, nothing is wrong with sidewalks. Uh, you won't hear that, uh, from th- the folks that I represent. What you will hear are two issues that concern us the most with respect to this proposal, and that is, as people who are most impacted, uh, by this significant land use change, and make no mistake, when you're talking about 3.2 miles of construction over property that's been like it is for, uh, more than 40 years, uh, this is a land use change. It is a significant land use change, and, uh, as this body well knows, in the course of deliberating land use changes, typically, we have a number of hearings and meetings, information shared, uh, sub-committee review, technical committee review, uh, two public hearings, one in front of the planning commission and one in front of this body, on matters of, of significant controversy, of which this is clearly one. Uh, unfortunately, in this case, uh, we've only had one meeting, uh, and that was in November of last year. Um, it was an introductory meeting about a proposal to put 3.2 miles of sidewalk along Tates Creek Road. It was at Emmanuel Baptist Church. Uh, there's been no other meeting since then. There's been no other information shared or imparted to the people who are most impacted by this proposal. Uh, they've received one letter from the government asking them if they had any questions, uh, and informing them that, uh, there were no plans yet to discuss with them, no recommendations as to h- what this was going to look like, uh, no implications as to what impact 3.2 miles of sidewalk would have with respect to their quality of life, their home life, their property, uh, how they would be impacted. Uh, none of that information. And so, we sit here tonight basically uninformed, and I suggest, uh, in terms of your all's decision tonight, with respect to the information that you have been provided, uh, you will be uninformed as well in order to make, uh, a decision of this significance of which this many people, uh, are concerned. Now, um, there's a remedy for this, and that is we can, uh, take a step back and, and analyze this case a little bit more thoroughly, but tonight you're, we're here for a decision. Uh, you all are here for a decision. Uh, you can choose to pass this or you can choose to review it. It's never been in Council Services Committee, it's never been in Council Planning Committee. To my knowledge, it's never had any discussion at the council. Uh, it has had some discussion at the Corridors Committee, and none of the pope- folks that I represent, uh, not a single member of the Corridors Committee lives on Tates Creek Road in the area where this project is slated to be. So, our first issue is a lack of information about impact, design, and consequences. Uh, and I think if the government is initiating a project, which you are, uh, then I think the s- the, the people most impacted ought to understand and appreciate what is it they're facing, rather than get the money, uh, commit $200,000 of local money, get $800,000 of federal money, and then go about doing the design, doing the information sharing. You're already committed at that point. You can't turn back, uh, because if you do, then you've got to repay the federal government all the money you sta- that you spent in connection with this case. So, in our judgment, prudence dictates we should have had c- preliminary, conceptual research done to look at the implications of this project and they weren't done. So that's the first issue. The second issue is, uh, this body, um, 2007 reviewed and approved a plan, um, known as the bicycle, Bicycle and Pedestrian Master Plan, it's part of the Metropolitan Planning Organization, which deals with Jessamine County and Fayette County, as you know. Uh, it's almost 200 pages in length. It took two years to complete. It took $155,000 of government money to spend on consultants. Uh, a number of hours were spent with staff, nine members of this government's planning staff and engineering staff took part to aid and assist in the deliberation and preparation of this report. Numerous meetings were held, and I'll get into that in a moment. But our concern is, this well-reviewed, well-chronicled, well-studied plan that documented for the first time in the history of Fayette County recommended bike paths, recommended trails, recommended sidewalks, all over the county, after careful, thoughtful deliberation, far removed from the heat of battle of anything, came up with recommendations. And tonight, you're asked to consider a second reading on a recommendation that was not a priority. It was not in the first tier of what's been classified according to the plan as a feasible high-priority project. ... uh, it is in a second-tier group, and so we're concerned and we asked the question, why are we moving ahead of 51 other projects and many districts? I will pass out, at the end of my presentation, all of the districts that rank higher than the project you're about to vote on tonight. Uh, and each one of those projects, every single one of you has a project in your district that ranks higher than this one. And so, the question that will be answered, obviously, uh, with respect to the neighborhoods that will want their project for sidewalks to be approved, why wasn't mine considered in connection with this particular issue tonight? Why weren't we bumped down? Why weren't we considered in the order in which it was recommended? Those are our two concerns, not following the plan, a lack of information as to impact and consequences. Now, I have, um, clearly, um, I have been on chamber trips with you all and we appreciate the significance, I certainly do, of the importance of sidewalks, of pedestrian connectivity- ... of getting people to walk and getting peop- getting people to bike. Uh, I think the leadership of this government, including the council, uh, very much advocate and want Lexington to be a bike-friendly community. We've seen it. We saw it in Madison. We saw it in Houston. We saw it in Oklahoma City. We saw it in Boulder, and we'll continue to see it, and it's a good thing. And that's why we have a plan to implement a bike plan, a pedestrian plan, and a trail plan for Fayette County, and we need to follow it, with all due respect. So, it's not about sidewalks, it is about policy, it is about, uh, unanswered questions about a very expensive project that has very significant impacts. The principal impact, which I'll put up some photos at this time, and these photos are set forth under tab one of the material that I pan- handed out to you. The first set of photos you'll see is that, uh, and we'll go le- through these rather quickly, the next slide, this is a gas line that's in the area of the proposed, uh, sidewalk. This is a, uh, Windstream, formerly general telephone cable line in the sidewalk, in this proposed sidewalk area. All these photographs are in... under n- under tab one, yet they were part of the material that I forwarded to you on Monday of this week. If you'll just keep going through about every couple of seconds, I think that one's upside down. There you go. Uh, the, the impact in, with respect to the area involved, this, it's this area here, if you can kind of back that up and you can see it better on, in the material in front of you, the, the principal concern that we have is that for about 2,300 feet on the west side of Tates Creek Road, there are substantial tree stands and vegetation that presently provide substantial screening and buffering from the noise of a four-lane highway and a gas station convenience store on the corner of Mount Tabor and Tates Creek Road. Um, we believe that, uh, there should have been some kind of preliminary design, some forecasting of what the impact will be when this is removed. Now, I'll get to it in a minute, but we've had engineers already look at that, and we'll tell you about that report in a minute. If we'll just go through the rest of those slides, is that you've got a substantial amount of utilities, you've got a substantial amount of, uh, of, uh, cable that is in this area that is likely going to be impacted. Okay, that's enough of the slides for now. The photographs that I'm talking about, you can see more clearly, are under tab number one and tab number two. Tab number two shows the buffering to the Glendover Road Neighborhood Association. It's right up on the road. Um, if you go to tab number three, uh, part of the grant application that was tendered in connection with this request, which this government is committed to spending over $200,000, uh, is part of the grant application. This is a document from that application. Uh, part of the schedule calls for right-of-way acquisition in September of 2009, this is under tab three, and for utility ro- relocation completed by December of 2009. Yet if you turn over under tab number four, where it talks about the detail project cost estimates, project cost estimates, you will not find any money allocated in the budget for right-of-way acquisition nor for utility relocation. So, that concerned us because, um, obviously if they're talking about acquiring additional right of way, uh, or having to relocate utilities, then there ought to be funds available to do that, and there are none listed. Uh, now, I was... I did interview the staff. The staff of the government was very candid and forthcoming with me about this project and about the res- research that had been done, and what had been done is that they were gonna wait till they get the money and then do the design and then check with the utilities about what impact this project may have on them after they got the money. I called the utility companies and I said, "Have you done any impact to see what this may cost you, this project?" And they said, "No." I called KU and Kentucky American Water and Columbia Gas and, uh, Windstream and Insight Cable. Um, and then, uh, because they, they didn't know the impact, we retained an engineering firm, Envision Engineering, Matt Carter and Jihad Alani, they're here tonight to answer questions. So they went out, um, because the neighbors wanted to know, what kind of impact is this gonna have? Are th- are these utility lines gonna have to be moved? ... is additional right of way gonna have to be obtained? What about the screening and buffering that we have? Is that going to go away? Are we gonna be exposed to Teays Creek Road when we haven't been for over 40 years? Fair questions. Fair questions that I believe should have been answered by the government and not at the expense of the neighborhood who's been asking for answers, um, since this project was first announced in November of last year. But they paid the firm. The firm did a report. We've tendered you the report yesterday. It's under tab number five. They've highlighted all of the concerns. They've estimated that the utility relocation, uh, is likely to cost several hundred thousand dollars. That is not in your budget. You have now allocated no money for that. Uh, and I've been informed that, "Well, uh, it's in the right of way. The utility companies are obligated to do that." I'm not sure that's right. I'm not sure that's legal. Uh, but they're a corporate citizen, and I think they deserve better treatment, uh, than simply say, "Let's get the money, and then we'll force the utility companies to relocate if they have to." Now, we have two enginer- engineers here tonight who've studied it. They've walked the lines. We had 'em come out and mark the utilities, uh, and they're here to tell you there are gonna h- be a substantial amount of utilities relocated at a substantial expense. We don't believe that that is, uh, uh, uh, sufficient planning in order for you to make a decision tonight, uh, in terms of that cost, in terms of what it will be, or the impact it will have on the neighborhood. The, uh, the third issue that, or the second issue that, that, that I mentioned earlier that concerns us, uh, the most, uh, in connection with all of this that, uh, deals with a question about this passion for sidewalks. I applaud the passion for sidewalks. I am glad to see that we have an interest. Uh, I dare say you'll have a petition tendered tonight of, uh, many, many signatures of people that want sidewalks on Teays Creek Road. Uh, no doubt if, if the petition were taken around to the other 51 neighborhoods that are impacted by projects that are ranked higher than this one, they would have gotten petitions as well for their project. Uh, but you see, the, the problem is this. This is the document to guide decision-making. We have a plan, uh, to address this passion. We have a document that has been, uh, carefully researched, carefully crafted. It talks about it being a blueprint for Lexington. It sets it all out. They spent, uh, two years doing it. They went to two, two different, uh, towns, Wilmore and Nicholasville in Jessamine County, several meetings in Lexington. They even went beyond that to have individual meetings with the Fayette County Schools on June 2nd of 2006. I'm reading from the plan. They met with the Bluegrass Council of the Blind on June 17th, 2006. They had a meeting with the disabled community on two thousand- on June 23rd, 2006. They met with senior citizens on July 12th, 2006, and the Bluegrass Cycling Club on February 17th, 2007. Each of these groups, the plan says, had different insight into what a bicycle and pedestrian plan should contain, promote, and be in order to accommodate their needs. They were able to identify both specific facility needs, such as missing connections or places where repair is needed, as well as policy needs to improve service. All of the input came in for, for this plan, from all people that were affected. Uh, they... it was a very inclusive, uh, plan. It was a very detailed and researched recommending, uh, document. And the problem is, tonight, we're choosing to pick a project, if you look at tab number seven, we're choosing to pick a project that this very document, uh, which this government approved, um, is, is going to breach substantially. Under tab seven, it talks about implementation. I have underlined pertinent provisions, uh, in th- in this particular section because it's important because this is what guides implementation. And what it says, in terms of critical language, is that "projects shown in the improvement plan are classified by feasibility." How feasible are they to be implemented? And then it says, "Feasible projects have few constraints and are recommended for short-term completion, one to five years. Moderately contained projects are more challenging and are recommended for completion on a mid-term basis, one to 10 years." The next, uh, provision, 5.8.8, it talks about project implementation. And it says, "It is recommended that all feasible projects..." These are projects between one and five years. "It is, it is recommended that all feasible projects be implemented within a five-year timeframe. The general priority of projects, as shown in the project table, should be followed." Unless there are certain exceptions, uh, which don't, do not apply in this case that would deal with bike lane installation, uh, or completion of resurfacing projects. So, we have a five-year, uh, slate of projects to be completed first, and if you look on the next page under tab number seven, you will see that they are listed under table eight, feasible projects, high priority, and medium priority, and then on the next page, even low priority. There are 49 of these projects that the MPO Master Plan in 2007 said, "These ought to be completed first within a five-year period." Interestingly and significantly, item number six on this plan, high priority and feasible, Teays Creek Road between New Circle Road and Man O' War Boulevard. Same road as you're talking about tonight. It's recommended, uh, as a high priority feasible project to be completed within five years. It has, uh, the same worn pass that exists between Montclair and, uh, shortly past The Enclave toward McMeekin Place on Teays Creek Road. I have photographs. They're under, uh, tab number seven. You can see them in addition to a couple of other projects. Um, so, we have a top priority project on Teays Creek Road in Council District 8 and in Council District 4 that, for reasons which are, um, difficult to understand, though it's ranked number six in the county, it's being bypassed by a project that's ranked number 51 in the county and a project that's not in the feasible project list to be built in five years. Instead, the project that you're considering tonight, if you turn over on the third page in table number nine, is a moderately constrained project, number 52, third down on the list. Even, even in the moderately constrained projects among, uh, for high priorities, uh, in the second tier, it's behind the, uh, improvement project for a bike path between Teays Creek Road and University Drive and, between Nicholasville Road and PBS Drive, a bike and pedestrian path. So it's even third on the second tier. So the, the policy question, the fundamental and policy question that you're asked to deal with tonight, are we gonna breach a plan for the first time that is, uh, um, was given so much study and so much review and participated in by so many different kinds of groups? Uh, and where does... what does that say to the other districts that you... uh, other neighborhoods in your districts, uh, in terms of, um, what about us? Now, if you'll put up the s- the slides on the pa- uh, the, the trails that we have, the worn-out pass on, uh, it'd be the third set of photographs. These are under number... ta- uh, tab number seven. Uh, the fourth-ranking project in Fayette County is the area between Nicholasville Road and University Drive recommended for sidewalks. Uh, it doesn't have any sidewalks. If you've ever walked to a UK game or if you're a student trying to get to your car from Nicholasville Road, you can realize the importance of sidewalks at that particular location. And I'm assuming that's why it's ranked number four. The next slide, turn around the other way. It's upside down. There you go. This is the, uh, segment of Teays Creek Road that's ranked number six in Fayette County. It is a worn footpath. Uh, this is leading up to New Circle Road. Uh, this is a footpath all along the guardrail. You can better... you can see it better in the, in the handout that I gave you in the, uh, the green book. The next, uh, slide is at Redding Road, looking back toward Teays Creek. Doesn't show up well there, but it does in your other... in your handout material. Interesting in the... and i- it- it's interesting 'cause there was somebody walking there this morning when I took this photograph up to the Thornton's, uh, convenience store. And then finally, uh, another hap- uh, priority item that's ahead of the one you're hearing tonight is on Harrisburg Road. Uh, this is a significantly traveled path from the houses on Lynn Drive and Cheryl Lane, Furlong, back in that way, uh, where people walk to and from Saint Joseph Office Park. It's been there for years, and that is priority number 36. Those are the photos. Uh, we have the engineers here to talk about, if you wish, the constraints that are on this project. We have a plan that we believe ought to be followed. Uh, we believe that you don't have enough information tonight because we don't have enough information relative to the cost implications of this project, and we believe that a dangerous precedent would be set regarding the other neighborhoods in Lexington, uh, being left out of, of, uh, of the mix. There's 51 other neighborhoods or more tonight saying, "What about the sidewalks in, in, in my neighborhood?" As I ent- as I mentioned to you earlier, I went and broke down for each one of you so you could know tonight the projects that the Metropolitan Organization Master Plan, the Bike and Pedestrian Plan identified as being higher priority projects than the one that you're hearing tonight. There's, uh, six in de- Council District 1. Um, there are 13 in Council District 2, 15 in Council District 3, one in Council District 4, which is this Teays Creek project, uh, uh, that is part of Mr. Meyer's district in District 8, two in Council District 5, two in Council District 6, three in Council District 7, three in Council District 8, one in Council District 9, six in Council District 10, eight in Council District 11, and five in Council District 12. Each of these projects is ranked higher according to this document that you all approved two years ago before you approved this one, and that's what we're asking you to do with respect to our opposition and our recommendation for you tonight, and I'll pass these out. Mayors and member of the council, this concludes, uh, my presentation. I'm not sure how many minutes that I took. How many did I take? 25. How many? 25. 20, 25. 25, so I had an hour, so there's 35 minutes left for other people to say, uh, what they'd like to say. I, I know there are some people that are very earnest about all of this. We came here to be helpful and to be constructive. Um, I think we've made a reasoned position and a reasoned argument, and, um, I think based upon the evidence we've tendered to you, uh, sidewalks are a good thing, but this one, uh, is not at the right time nor the right place, and it's certainly not the right priority. Thank you. Thank you, Mr. Simpson. I think I have now reconciled a list to identify the folks who, um, contributed their, yielded their time to you, and I'll just pick up on folks who have not heretofore, uh, yielded their time. Harlan Walters? Okay. Mr. Walters? All right. Uh, Mr. Lear? Darryl Lear? Ms. Worth? Judy Worth? If you could step to the podium. And then after Ms. Worth, George Wilson. Mr. Wilson? To, to Mr. Simpson? All right. Uh- To Ms. Worth. No, to Ms.- To Ms. Worth or to Mr.? I'm sorry. To Ms. Worth, thank you. Think I'm gonna talk that long? All right. Ms.... Uh, I'm looking for a next speaker. Pamela Rawlings? Okay. Ms. Rawlings, if you'll come around, we'll work out a way for the microphone to be made available to you. Okay, Ms. Worth? Uh, I don't know if it's still good evening or good night. Uh- ... my name is Judy Worth. I live at 775 Sherwood Drive. Uh, I am the president of the Landsdown Neighborhood Association, and I'll mention that a number of our board members are here this evening. Uh, and I've been instructed by our board to read a, uh, letter from the board of directors in support of this motion to accept funding for the sidewalks in Tates Creek. Before I do that, I would like to say a couple of things. One is that we did not take a formal poll of our members. Uh, what we did do was put an information sheet on the internet, so if your mailboxes have been clogged, we told people pro and con if they feel strongly about this to contact you. So next time around, we hope to, uh, be able to tally our votes. Uh, the other thing I would say is that we don't consider this a neighborhood issue for us. Uh, we consider Tates Creek to be a major arterial. This was not a project that we envisioned. It was something that was brought to us by people in the neighborhood. So if I may, I would like to just go ahead and proceed. Uh, to Mayor Newberry and members of the Urban County Council, the Lansdowne Neighborhood Association is a voluntary association of property owners who live in South Lexington between Albany Road, Tates Creek, Malibu, Belafonte, and Heatherway. Our territory includes almost 900 households, 10 of which are located on Tates Creek Road. We have 312 paid members, three of which are on Tates Creek. Our board of directors met this past Monday night to hear resident concerns about the Tates Creek sidewalk proposal. One resident, who is a member of the group represented by Mr. Simpson, was present and presented arguments against the sidewalk proposal. Two other residents, representing families who walk and bike along Tates Creek and within the neighborhood, presented arguments in favor of the proposal. After considering those arguments and reviewing the information provided to us by the Division of Planning, our board voted to support the proposal to accept the grant and to add the sidewalks. In reaching our decision, here are the factors we considered. I'm not gonna repeat the part about healthy cities because Mr. Simpson's already addressed the sidewalk infrastructure issue, but I do want to repeat the part about Tates Creek is one of the major thoroughfares in Lexington and should, like our other major arterials, have a sidewalk that accommodates the needs of pedestrian and bicycle traffic and that promotes more physical activity and healthier lifestyles, including walking and biking to school and work. Tates Creek is seriously congested in the mornings and the afternoons when the University of Kentucky and the Fayette County Public Schools are in session. The addition of the sidewalks with an encouragement to use alternative forms of transportation could help alleviate some of that congestion, improve bike and pedestrian safety, and delay the expenditure of future dollars to widen the street, permit due variable lanes, or use other means to improve congestion in that area. The proposed pathway along Tates Creek is already used by pedestrians in our area. You all have seen the slides. Daily, our, we see our residents walking to and from the Lansdown shops. And in a neighborhood survey taken several years ago, the lack of a sidewalk that runs from Lansdown Drive to the shopping center has been noted as an issue that needs to be addressed. Daily, we see domestic workers walking to and from the bus stops along Tates Creek. Often, that means walking in wet grass, mud, and snow. The alternative for those workers is to walk or stand in the street, which is clearly a safety issue. Sidewalks would make pedestrian's traffic to and from the bus stops safer for these individuals. The proposal includes an opportunity for public input regarding the design and location of the trail, including an opportunity to save as much of the existing plant growth as possible. We also recognize, and I'm gonna say parenthetically, as a member of the Tree Board for four years and a chair of the Tree Board, that a lot of that existing plant growth includes diseased or dying pin oaks, which need to be cut down, as well as shrub honeysuckle and other plants that are considered invasive species, and which the arboretum and the Division of Forestry spend hundreds of hours and dollars trying to remove. The acceptance of the grant and installation of the sidewalks could provide an opportunity to improve that part of the landscape. The bulk of the property that would be needed for the project was acquired as an easement when Tates Creek Pike was widened by the State Highway Department. Minimal acquisition of property should be necessary to complete the project. Finally, we have the opportunity to receive funding for 80% of the project from federal congestion mitigation and air quality dollars that have already been allocated, and the proposed plan currently includes a 20% portion for contingencies. Should we fail to take advantage of this opportunity, there's no guarantee that we would get the dollars again, even if we wanted to use them for a different project. In addition, should we fail to accept the grant and complete the project, you, as council members, will need to allocate $80,000 to cover the design costs which have already been incurred. These will be funds that will simply be thrown away at a time we need to make the best possible use of tax dollars. For all of these reasons, we urge you to vote in favor of accepting the grant and supporting the Tates Creek Sidewalk Project. And with that, I would assume there are other people here who can address the issue of priorities in engineering. Thank you very much. Thank you very much, Ms. Worth. Ms. Rawlings will be next. Mr. Carter, David Carter, if you'd come around please and stand- Hello? Is this working? Pard- pardon me? All right. Ms. Rawlings- I guess it's pretty obvious why I'm here and which side I'm on. But, um, I, I, I live on Windemere Road. Pam- my name is Pamela Rawlings and I live on Windemere, which is, backs up to Tates Creek, the houses on Tates Creek. And for 26 years, I've lived there. For 26 years, I haven't been able to go to church because I go to church on Tates Creek, Christian. There's no way, the sidewalk ends, and I can't get across the street unless I, of course wanna take my life in my hands. I'm not allowed to ride on the street in a wheelchair. It's too congested. I can't get anywhere. And there are a lot of people like me. Now, I, just three wheelchairs on Windemere alone, on one block, three people in chairs. Um, there are blo- uh, there are a lot of, of visually impaired people. There are a lot of elderly people. There are a lot of sick people that w- need to get out and walk, but they can't do it. Because I've seen people fall on those roads, and I know what it's like, and I've lived there for 26 years an I, and have been fighting this as li- talking to Dr. Stephens a long time ago about the importance of having sidewalks and a way to get to the Lansdowne shops, a way to get to our churches, a way to get places. And I realize that we're a vast minority and that, uh, you all have a, a certain amount of pull and whatever, but please consider the least of these. And I cannot understand in the bottom of my heart why people are so against it. I mean, it's gonna tear up your street for a year maybe, or your, your, your, but you're still gonna be able to see. I mean, it's just, uh, I think, really ridic-, really a sad state of affairs when people act, are so against something that s-, that so many people want and need. Thank you, Ms. Rawlings. Next person I have on the list is Donald Reid, I believe. Riel. Mr. Riel, if you'll step forward. When, when- And next is Dana Cox. Ms. Cox, if you'd stand by. Mr. Reid, if you, Riel, if you will, uh, give us your street address. You'll have three minutes. I'm Dr. Don Riel, longtime owner of property on, known as 3013 Monte Vesta Road, which is just off Tates Creek Road. I'd like to reply, I, I attended the meeting at the church several months ago, heard comments there, and have read in the paper recently, and I'd like to respond to some of those comments. Our local paper quotes a person as saying, and I quote, "I never, I mean never, have seen anyone walking." And the paper says that person does not think people would use a sidewalk along Tates Creek Road. I personally have traveled Tates Creek Road for many years. You know, in all of my travels, I have seen no cattle along that road. No people walking, no cattle. What made the path? Other comments were, "Sidewalks will destroy the greenery of the quartery, of the corridor." I ask you, what street is more, is prettier than East Main? A numbered highway with sidewalks with lots of greenery, very attractive greenery. Another comment is, "Sidewalks will lower property values." Now rumor has it that some coach recently bought a house- ... on East Main for something over two million dollars. Just think, what would the value of that house... What would he have had to pay if it did not have sidewalks? Sidewalks will be dangerous along Tates Creek. Is it now safe to step into the street to avoid growth, vegetation? As we saw, Mr. Simpson has slides that show, their vegetation, that would make people step into the street to walk around this greenery, or this growth. Another comment has been that, uh, opponents say, "Sidewalks cause people to risk their lives, walking next to 45 mile per hour traffic." They also say that if sidewalks have to be built, it should be on the east side of Tates Creek Road. Mr. Reel, you have about 12 seconds left. So, is it fair to ask people to cross Tates Creek Road to get to a sidewalk, and then recross Tates Creek Road to get to the Lansdowne Shoppes? As opponents say, "I have signs with the message..." In their yards saying, "I have signs." Or, they have signs, "No impervious sidewalks." My question is to those people: Are you willing to dig up your paved walks, your long, wide driveways, put in sand, gravel or, uh, dirt? Thank you, Mr. Reel. Thank you. Your time's expired. Next will be Ms. Cox, and then Mr. Cox, Jim Cox. Uh, he's- All right. ... he's left for the evening. My name is Dana Cox. My address... Excuse me. Pat Israel? Pat? Yeah. If you could step around, please. It'd be, uh, be- I will give my time to George Wilson, or Jack Musgrave, or somebody. I did not sign up to speak. All right. Well, Mr. Wilson's declined to speak, so we'll... Or would you like to speak, Mr. Wilson? I did not sign up to speak. Very well. All right. If you'll come around. Ms. Cox, I'm sorry. Again, my name is Dana Cox. My address is 768 Cottage Grove Lane. Um, I'm here on behalf of my family and some of my neighbors, who are highly in favor of sidewalks along Tates Creek Road. Um, I have sidewalks on my street. I welcome people who park there and walk to football games on beautiful Saturday afternoons in the audium... Autumn. And I would like the same opportunity for my daughter to be able to walk to Cassidy School, where she attends. I'm a biker. I'm a jogger. I'm a walker. I would like to be able to work- walk to my workplace at the University of Kentucky. And I just urge the council members to consider this project, this project for which we have funding, um, and vote in support of it. So thank you very much. Thank you, Ms. Cox. Mr. Wilson, if you'll step forward. And then our next speaker would be Ruth Lawton. Ms. Lawton? My name's George Wilson. I live at 802 Overbrook Circle. And I had privy t- knowledge of the letter that Judy Worth was to present. And I knew she'd l- need the full time, so that's why I yielded earlier. I would like to invite your attention to one factor that I feel ver- very strongly about, besides the fact that I feel that Lexington's a, a growing 21st century city and needs to look like one. And that means adding sidewalks on the same, with the same path that Henry Clay may have walked as he came down the edge of his farm, 'cause I think that's the border with Tates Creek Pike. Bicycles are a growing means of transp- transportation. And anybody riding in the bike lanes knows that they're very dangerous, because motorists in automobiles give very little, um, credit or notice to bicycles. And for someone driving across where the right-hand turn's coming along, I know a friend of mine, two weeks ago, in Stonewall, was knocked over by an automobile, broke his nose, caused a concussion, put him in the hospital for about four days. He's gonna be about two months recovering. I mention this because I think that the bike paths are a dangerous threat, particularly on Tates Creek Pike. And sidewalks would eliminate that, much of that danger. Thank you very much. Thank you very much, Mr. Wilson. Next will be, um, Ms. Lawton. And after Ms. Lawton, Jack Musgrave. Mr. Musgrave, are you... Thank you. Ms. Lawton? My name is Ruth Lawton. I'm a resident of 308 Strathmore Road, on the north side of town. Um, I, I am concerned with this project because I think that, uh, we have under- the city has undertaken a comprehensive study that, that, uh, Mr. Simpson has reviewed for all of us. And I think that plan was undertaken for the purpose of allocating the scarce resources that we have to meet the needs of many in this city. On the north side of town, we have streets that are difficult to pass in an automobile, impossible to walk on. And I would urge you... ... in fairness to the plan itself and the priorities that it's had out, I urge you to reconsider this project and follow the plan. Thank you very much. Thank you, Ms. Lawton. Next, will be Mr. Musgrave, and following Mr. Musgrave, uh, Gail Musgrave. Ms. Musgrave, if you'd come around. I'll save my comment for Jack. Great. Mr. Gra- Musgrave, you'll have six minutes. All right. Mr. Mayor, uh, council members, thank you for the opportunity to speak. Uh, I'm Jack Musgrave. I live at 3314 Brookhill Circle. I've lived, uh, 45 years or so in the general neighborhood. Last 20-plus years, I've lived at this address and have three children. They've also grown up and, uh, I have seven grandchildren. They all live in the same general area. Uh, had the opportunity to, in the last year, to become a member of the Landsdowne Neighborhood Association, and I am currently a member of the board, uh, of that agency. Uh, I ditto a lot of the things that have been said to save a lot of time. Made a few notes I'd like to, uh, have the opportunity to speak to. This past Sunday, uh, as an individual, and I followed this process for the last year as a resident there, uh, in the neighborhood, I went out and, uh, solicited signatures on a petition in favor of, if they wanted to sign in favor of the sidewalk. I got signatures from probably 70 people, 70-plus people. I think you have that in your, um, records there. In doing so, I found two people who did not want to sign the petition and spoke to, uh, voting no, representing vo- voting no for this proposition. What was most interesting was that in asking people, I made some really great connections with people. I didn't gather a lot of statistical data that we've heard this evening, but talked with people and all of them had families, representatives. And when talk a- mentioned this, some of them knew nothing about the sidewalk project and were very interested when I explained it to them. Some knew about it, and did not know about this final vote this evening. All of them were very interested and had their own story to tell, and they didn't cost anything and it, I didn't charge anything, but I made some relationships with some interesting people by going out and talking. But that said, I think, uh, to vote no for this, you would be disrepresenting the vision, the purpose, and research, and best practices of this needs study that, uh, Mr. Simpson spoke to. But more importantly, and I guess to maybe get to the, the final thing here and, and go through a lot of my notes, I'm a, a retired educator. I'm currently a consultant in education. And bringing it back to children, any elementary child, probably a second or third grader, we teach them to do critical thinking, problem-solving, and to do, uh, compare and contrast. And they have been taught healthy lifestyles that I think we should, uh, we should model and set models for these children. And, as such, I think they know that we should walk instead of riding more, and this is, uh, an opportunity for us to, to connect the agencies, the, uh, university to Parks, Recreation, and so forth, and do it without bias and without prejudice. And there are people who are being discriminated currently, and we need access for them on the bicycle path, but also for walking access and the curbs. Thank you very much. I encourage you to, uh, vote yes and vote your heart, vote your conscience, and vote with courage. Thank you. Thank you, Mr. Musgrave. Uh, Steve Stoltz is our next speaker, uh, followed by Rick Gersony. My name's Steve Stoltz. I live at 229 Irvin Road in, uh, Ashland, the Ashland Park Subdivision. Uh, I've lived in Lexington for 29 years. I am, uh, on the board of the Ashland Neighborhood Association, uh, immediate past-president, and currently am vice president of that organization. I'm just here as a solo citizen, though, tonight. Um, first of all, I wanna thank, uh, the many people who, uh, proponents who have, um, uh, gathered and worked to try and inform the council members about the opinions of, uh, the majority of, uh, the folks that live on and around Tates Creek and use and would, would use the, the sidewalks. Uh, I just wanna acknowledge and thank Yvette Hurt, Renee Jackson, Rick Gersony, uh, Ms. Worth, the Landsdowne Neighborhood Association, and the Ashland Neighborhood Association, both of whom have publicly come out to approve the project. Uh, Ms. Gordon, Council Member Gordon, who came out and joined us, uh, last night to walk Tates Creek, and Council Member Lawless, uh, whose motion brought the matter back, uh, off the table. So thank you all. Uh, we, I've had a lot of contact in the last month with, uh, staff and, uh, uh, and council members, and everyone on both sides has always been very professional and, and, and informative and good to work with. So I, I compliment you and thank you for your service. Um... We, uh, I circulated a petition as well, which I believe you had. I got 140 signatures in favor. Uh, 10 people said no. Um, I was surprised at how many nos I got. You may have saw the Herald Leader had an online poll going, may still have it going. As of 5:00 this afternoon, there were 442 people who voted on the issue, yes or no on sidewalks, 86% were in favor of the initiative, 378 votes, uh, 54 votes, 12% against, 2% undecided. I just thought that was interesting. Um, we walked last night, Tates c- uh, on Tates Creek, uh, 70 of us. You may have saw it in the paper, to demonstrate that people indeed do walk on Tates Creek Road. Uh, it was a, in, at times, kind of a dangerous walk, uh, but we made it. And, uh, I, I live in Ashland Park, as I said. I'm a member of, uh, the Lansdowne Pool, now the Signature Club. I go to the Arboretum. My family would bike and, and walk to these destinations if we could, but you really can't now very safely. And I think safety is the issue that, that you all need to be concerned with most. So I'd ask you to, uh, please approve sidewalks on both sides of Tates Creek. Thank you. Thank you, Mr. Diltz. Rick, if you would step forward, and then Mr. McCarthy. Well, my name is Rick Gersony, and I'm on 205 Tahoma Road. And I do have a group called greenlex.org that, um, has about 130 members. And, but I really am speaking for myself as a father right now, who lives on Tahoma Road. And the, the first thing, I just wanted to say thank you for the staff that the city has, in that they put together this, this application, and we're awarded $800,000, which is a fantastic thing. And, um, it's great for jobs and for the growth of the city to be awarded such a thing. It's an honor. And then I want to basically say that, uh, I have a few disagreements with, um, the attorney who was hired by those who, uh, oppose the project, in that this is the master plan, and I understand from the staff that the bike, the, the pedestrian stuff, that the project was gonna be bike and pedestrian. But now, it's just gonna be pedestrian. And if you took away the bike and you were just pedestrian, then the listing would move from this moderately constrained project, which is still high priority, but moderately constrained, it would move it to the front chart that is high priority and feasible. That's one of the things that they said is a fact. Number two is, is that there is no listing of one, two, three, four, five, six priority. They actually are just in a big block. And if you move this project over to this front block, it could very well be number one on that list. So going back to your, the hired staff that uses this as a guideline, and it's not a law, it's a guideline, it seems like our hired staff, when we get the money, will analyze this, and then determine if, um, that this project is indeed feasible with the money. They need the money to do the analysis. And once they get the money, if they determine there's a problem with over-budgeting, they can give the money back. But if they don't get the money and we delay this, there's no guarantee that the money will come at all to the city. And that's, with this type of economy, to just give, to not have $800,000 for jobs and investment in the future, I just, I think is a little irresponsible, personally. But I understand that everyone in, on the council is serving for all the people. So appreciate the service, and I just want to say that although a lot was said in the presentation by the attorney, I really do think it's a simple yes or no. Yes for sidewalks on Tates Creek, no, we don't, people who don't want sidewalks on Tates Creek. And it's as simple as that, in my opinion. Thank you. Thank you, Mr. Gersony. Uh, Mr. McCarthy, if you'd step forward, and Andy Hightower? Mr. Hightower, if you could step around, please. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Despite Mr. Simpson's efforts to make it sound like this is about priorities, it's not. The question before you tonight only has two ways you can vote, and nothing in it about priorities at all. If you vote against accepting this money, it could very well wind up going to some other city in some other state, and be lost for good. And in a recession like we're having right now, that would be a very bad thing. I happen to think that regardless of what priorities he's quoted out of a so-called master plan, he really only follow, believes in following plans when they happen to go along with what his clients want. I know how these lawyers operate. I've been watching them haggle down here for 34 and a half years. And usually, I've been trying to, all along, I've been trying to talk you into building stuff that various neighborhood associations have been trying to talk you out of. Same thing tonight. I think you should build the sidewalks. I think it's rather absurd that, coming southward, you have the sidewalks dead end at a neighborhood boundary line. ... precisely where the street suddenly gets wider. I think we need to have the sidewalks continue throughout, all the way across the city. Also think, though, that the narrow piece of the street, which your predecessors refused to widen- Yeah. ... at various times in the past, needs to be widened eventually, even if you do have to call out the National Guard to suppress all the protesting neighborhoods. But I do believe that pedestrians would be safer with a sidewalk, regardless of how high the speed limit is on the roadway. Pedestrians would be safer having a sidewalk that spares them from having to step into the roadway, or risking stumbling on the uneven ground. Although, with regard to- ... bicycles, I believe bicycles, being wheeled vehicles, generally do belong on the roadway and a designated lane is safer for them. And on days when I'm on a bike in that part of town, I probably will still be on the pavement of the road. Mr. McCarthy? Thank you. Thank you very much. Um, our, uh, timer on the screen has been lost, but the ... I believe the timer to the, your, uh, well, to my right, your left, uh, should be working. And so, Mr. Hightower, uh, you'll have three minutes, then Jack Hillard. Jack, if you'll stand by. Mr. Hightower, would ... if you'd give us your street address, please. Thank you. My name is Andy Hightower, and I live at 146 Preston Avenue. I am here tonight representing the Kentucky Club For Growth. We're a 501(c)(4) organization, public interest organization of concerned citizens about responsible government spending and promoting prosperity through the free market, as well as the protection of property. We're here, uh, discussing sidewalks tonight, and I, I've heard a l- a lot of different things said, but, but one of the things that struck me is that on Tates Creek Road, there are no sidewalks. I- I'm gonna tell you a lot of things you probably already know. There are no sidewalks on Tates Creek. When other construction and expansion has taken place on Tates Creek, there were no sidewalks added, and we've heard that people are constantly traveling Tates Creek Road. Obviously, there is not a necessity in having a sidewalk to enable people to travel in this area, and these are not the times to be spending money on things that are not necessities. These are hard times across the commonwealth and in Lexington. Um, contrary to the previous speaker, I do believe governing is about setting priorities. It's not about seeking action to meet every desire of the population, and there are real needs that you are constantly discussing, from wastewater treatment to, uh, filling potholes on roads from the ice storm, to supplying funding for public safety. And $200,000 is a significant sum that could be a- ably applied to any of these various public needs. And little did I know before I came here tonight that there are a- could be 50 sidewalks that are higher priorities than this one. Another point I'd like to make is that this project is an indirect tax on the citizens of Lexington, and I'm not talking about the $200,000. We've heard about telephone poles that are gonna have to be moved, water lines and fire hydrants that may have to be moved, and it has been explained to, to some of us that these are the responsibilities of the utilities. They're on the public right of way, and the Kentucky Utilities will have to move the phone poles, Kentucky American Water will have to use the fire hydrants. But this will be passed directly to the consumer. These movement, the cost of this movement will be set in the rates that the c- citizens of Lexington pay, and it will be ... It won't be a direct tax supplied by the council, but it'll be a tax, uh, that the citizens of Lexington will have to pay. That's the expense that will be created by these, by this project. Um, also, it's, it's amazing to me that the city expends so freely in direct contradiction to our effort to protect our natural environment. There are many, many ancient trees along this route that are in the right of way. I've heard that, uh, the city will be willing to work with the property owners to, to move the path around these trees, but the fact is, if these trees and this environment is a priority of Lexington, it is not a burden that can be shifted to the property owner. It is a responsibility of the city to protect. Either it is a priority, or it is not. The mayor likes to, uh, list sidewalks, I think, as one of his examples of things that the government has to do. Mr., Mr. Hightower, your time has expired. And, uh, I think in this set of priorities, uh, it doesn't rise to the top. Thank you. Thank you very much. Mr. Hilliard, if you'd step to the podium, and then next I have Dixie Moore. Ms. Moore? Is, is Ms. Moore still with us? All right. Um, last speaker I have is David Stephens. Mr., Dr. Stephens? All right, stand by. Mr. Hilliard? And if anyone else wishes to speak, please sign up in the back. Mr. Hilliard. Mr. Mayor, um, ladies and gentlemen of the council, um, thank you for what you do to serve Lexington. Um, I can tell you, sitting in the audience tonight, I have, um, a greater appreciation, um, for what you do and the decisions you make for our community, and certainly maybe more than I had, uh, a decade ag- ... Um, I live at 915 Tates Creek Road, in the, um, Tates Creek corridor, in the block in between Hart and Cochran. Um, I would ask you tonight to vote in favor of accepting the grant, um, sidewalks throughout the Tates Creek corridor. In the time when in ... I sat where you do tonight, and now, I had the opportunity through my career to- ... move around the country a bit and live, um, in, my career took me to larger parts of urban America for a few years. And one of the things that I learned about livability in a city is accessibility. The things that we talked about, the things that have been alluded to that we learn on so many of our trips that we've taken together when we look at what would we like to do to make Lexington better. And oftentimes, it comes back to accessibility, safety, health. I first came to Lexington in 1978, 30 years ago, a student at Transylvania University. I brought my bicycle with me. To the best of my knowledge, there were little or no bike paths in Lexington then. 30 years later, we all know legacy trails that we're pursuing, better sidewalks, better paths on our streets, but we're not there yet. And hopefully, 30 years from now, we'll have greater accessibility than we do today. And I just think that, so I said here tonight, I've lived in four corridors in those years. Each and every one of them had complete sidewalks, but with exceptions. When I lived in the Richmond Road corridor, the Van Meter property adjacent to Shriners. I'm not sure why that was grandfathered that there was not a sidewalk, but there wasn't. When I represented the 11th District in project number 36 that Mr. Simpson alluded to between Della Drive and Shaker, there's still not a sidewalk. Why? I'm not sure. But this one that we speak of tonight was funded, or the funding is available, and that's why it should move up. I would simply ask you to vote yes on this. Thank you. Thank you, Mr. Hillard. Dr. Stephens, if you would step to the podium. Does anyone else wish to address the council? Right. All right, uh, I think you, uh, sir, I, I believe- He yielded this time. -um, it's Mr. Strauss. I'd be glad to yield a minute of my time. All right, that'll be fine. Dr. Stephens. You can go ahead, if you want. All right. I just like to mention something that hasn't been brought up. I have obtained a certified plat from the city of, of our area, which includes maybe four or five blocks of Tate Street Road, maybe more, and there is no designated or marked right of way. There is no designated or marked easement. Therefore, the property must belong to the property owner. And if they start putting sidewalks out there, there may be injunctions to stop the, to stop the entire thing. Thank you. And Dr. Stephens, you have two minutes. Uh, thank you, Mr. Mayor and Council. Uh, and Bernard, it's good to see you again. But, uh, uh, I wanted to, some information that may not have been available and, and I don't think everybody knows about it, but, uh, one is the, this has been a project of the Carter's Committee for 10 years. Uh, the engineer, we had a Carter's plan or study done about 10 years ago, which included, uh, placing sidewalks along Tate Street. But at that time, we had no money to fund them. And the neighbors who are here tonight, many of them were opposed to it. So that plan kind of hibernated. We did do some of the things on Tate Street, like remove the honeysuckle and plant some trees, most of which are living, I think, and it looks like they're going to come along okay. Uh, if you have questions, Mr. Keith Levin and, and Kinsey Gleason are here, who do the bike pedestrian work here for the city, so they can answer some of the questions about the, uh, master plan and so forth, if you choose. Uh, I've heard some say that, uh... Oh, before I mentioned this, when the Carter's Committee asked for a plan to be done, and we're now working on the final stages of a plan for Harrodsburg Road, we include the completion of sidewalks on roads like that. And when that plan is presented, I think that will be one of the elements in it, to, uh, to complete the intermittent sidewalks on Harrodsburg Road. I think they should be on all major roads, obviously. The, uh, I've heard said that it's dangerous to put a sidewalk along because cars will catch, jump the curb, and hit the people walking along. I did ask the police department to investigate for me, and their data pool, all the pedestrian fatalities that occurred since 1998 through '08, that's 11 years, there were 47 people killed as pedestrians. One in a driveway, one in a, uh, yard, and one on the shoulder of I-75. Everybody else was on the road. I'm afraid your- Thank you. ... time has expired. Thank you, Dr. Stephens. All right, that concludes the public comment on this issue. The, uh, floor is now open for discussion among members of the council, and I see that Council Member Myers has indicated a desire to speak. Thank you, Mayor. Sorry about that. I just want to say that, um, I'm a- Council Member Myers, if I could intercede just a moment. Uh, I'm gonna, I've had some conversations with Council Member, uh, Stennett- ... about our need to, uh, more rigorously enforce the rules of debate on the council. So, I'm, I'm not saying this to anybody in particular, but I think the rules are you have a maximum of five minutes and no one speaks twice. So, just for everybody's benefit, I wanted to say that before we got started. Council Member Myers. Thank you, Mayor. I just wanna say that I'm a avid biker. My wife and I and, and our little girl, and we've got a little trailer we pull our girl behind on, on, uh, on rides and things. And we've done Bike Lexington without... Basically, Tates Creek and Man o' War in order to get downtown, which we ride a lot downtown. We'd love to go down Tates Creek, but we don't go down Tates Creek 'cause there's no sidewalk. The only time I did go down Tates Creek was two years ago on Bike Lexington... Actually, no, actually it was a, um, second Sunday. Because so many roads were closed downtown, there was no traffic coming out of downtown. And so we flew down Tates Creek on the way home. But, um, you know, I do see people walking and, and biking on Tates Creek and, in fact, this past Tuesday when we left the council meeting, I rode home with another council member from the meeting and we almost ran over two joggers that were jogging in the street on Tates Creek heading towards traffic. So, I'm gonna support this motion, um, vigorously. And, uh, Mr. Simpson, I like some of the paperwork you did. It listed Tates Creek, needing sidewalks in between Man o' War and New Circle, and I welcome those as well. Um, but I think we need to start where we are, where we have the money and the funding to do it. So, I'm gonna support this motion. Thank you. Thank you very much. Council Member Stinnet. Thank you, Mayor. You know, a lot... Over the years on council I've seen us debate streets, such as Heron Drive, parks such as, as Cardinal Run. We even debate today whether or not we're gonna debate, earlier today. But I never thought we'd be debating a sidewalk in a neighborhood given the list and the priorities we have. I know in my district alone, Mr. Simpson only has two on here, but these actually... One's not in my district and the other is debatable as a trail, but, uh, we have a lot of needs for sidewalks in my district that aren't even on that list that, uh, I definitely would like to jump up. And I can make an amendment, Council Member Beard or Feigl, and put it in my district tonight if you'd like for me to, because, uh, they're desperately needed. But having said that, you know, it's been a longtime policy of our government that on our stormwater projects, sewer project, road projects, on this, on these sidewalk projects that if we get state or federal dollars, regardless of where that project is on the list, it jumps to the top. It's been a standing practice. This council tonight approved a project, very same issue, but it went, went by, no questions asked. So, it's been a longtime policy that we move projects up if they get dedicated funding and this is what this is tonight. This is acceptance of a grant. This is not acceptance of the design of the sidewalks. This is not acceptance of the bid for construction. Those meetings are gonna come and I'm sure you'll be back too for those meetings as well if this passes tonight or if it doesn't. But this is just the beginning of our debate. I guess my biggest concern at this point is, first of all, who applied for the grant? Who's making the decisions to apply for these grants given the fact that we have this list? I mean, I don't know if Commissioner Webb is here or can answer that, but how are we making the decision to apply for some of these grants when I'm sure every council district would like to have the opportunity to apply for these type of grants? When are these decisions being made? Because I don't... I know this one may have come out of the Corridors Committee, but I'm just curious about who officially applied for the grant. Commis- Here. Commissioner Webb is not here this evening, but I suspect that Kenzie Gleason or, or Keith Lovingwine can address that issue and, um, I'd like for one of them to step forward. That's... Excuse me. Uh, the grants typically originate from many different sources. Um, the Corridors Committee was one of the advocates for this project. Um, there's a Bicycle and Pedestrian Advisory Committee that submits projects for congestion mitigation and transportation enhancement funds. Or, or I wouldn't say they submit them, but they recommend that those projects be submitted. There's an Air Quality Committee, a Transportation, uh, Coordinating Committee that does that. Ultimately, it's the council who decides which grants are submitted and that you approve, um, the submission of those applications. Right. When, when the Corridors Committee decided on... To apply for this grant, did they decide the whole scheme and all the costs and where the money would come from? Or are we... They were just looking at hopefully we'll get it and then we'll worry about the cost later? I mean, did you all take into effect the total cost of the project- ... when you applied for the grant? Engineering prepared a cost estimate for the grant, yes. And what was that? The cost estimate? Uh-huh. It's reflected in the total budget of the grant. The million... Just, just, just the million dollars? Correct. So, we can do this whole project for a million dollars? That's the current estimate, correct. And how long... How long ago was that estimate made? I'm gonna let engineering reply to that. Okay. Yeah, thank you. I know Keith's here in the back. I see him. Point of order. Is his time up? Well, Kevin, your time's up. There it is. There it is. Point of order. I, I'll be the first to shut up if we don't- All right. Touché. I'll give him my five minutes. Oh. All right. We prepared the estimate in, in the first part of 2008. It is a line item budget. We looked at all of the various parts of- I'm sorry, you said first of 2008? Yes. Okay, very good. Well, once, once again, you know, we all have well intentions, but every decision we make or lack thereof communication with residents in the area and, and, and looking at the grand schemes of things, we give good projects bad names. And, and, and I'm afraid that's what's happened to this project. It probably could be something that everyone could benefit from, but, you know, at th- at this point, I, I'm not sure if we've handled it correctly. And I know this is, again, just the beginning, so I'll shut up now and let, let everybody else talk. Vice Mayor Gray. Thank you, Mayor. I'm looking at that clock, I tell you. Okay. Um, former Vice Mayor Isabel Yates, um, once told me that she said to somebody who asked her ha- about a vote, she said, "In conte- on contentious issues," she said, uh, "I have friends on one side of the issue, and I have friends on the other side of the issue. I want you to know, I am for my friends." And that's how sometimes, you know, regardless, that's how sometimes we've- we feel about it. But we don't have the- we really don't have the opportunity when we have to make a vote. We- we- we- when an issue like this one is elevated to us at the level it has been, um, we really examine these issues often much more carefully. I have to confess, I have driven down and walked down now Tates Creek more than once and observing much more carefully. So the symbolism of this project, which was illustrated by so many tonight, uh, Mrs. Rollins, uh, Jack Hilliard, Jack who's been on the council, who says he's li- who lives today on Tates Creek, um, that speaks to us. And, you know, we also know friends of mine who are against this. We know that you are not bad people. Changing behaviors and changing a- any change is difficult for us. But this issue, the symbolism of this issue, and the way in which it has been elevated to us really makes me believe that we clearly have not done enough. Dr. Stevens says, been working on this for 10 years, and Dr. Stevens, you'll probably, um, I was gonna say, I may not live to see this project completed if you've worked on it for 10 years. However, you may. Um, but it does illustrate to us that we're really not doing enough. I've observed just the other day a woman walking up Richmond Road at Idle Hour Country Club. It's gonna be tough, I guess, to go against the grain and say, "We need sidewalks there too." But it's true that our city, for our city to accommodate the growth and the economic opportunity for young people, that it must, and those on this council were just talking about this issue today vigorously. These issues dealing with and addressing these iss- these issues that are inconvenient and uncomfortable are still our responsibility. So thank you, Mayor, that is to say that, um, I support this. Um, and I support not just this project, but our examining much more carefully how we're engaging, as Council Member Jo- Stinnet just said, how we are engaging these initiatives across our city. Thank you. Council Member McCord. Thank you, Mayor, and I want to thank everybody for- for coming down and sitting through a really long meeting, and- and, uh, watching some of the- the fun work that we get to- to be a part of up here. Um, you know, what the Vice Mayor just said is- is probably, uh, the most important thing, and that is, a night like tonight kind of shows you the glaring holes in the process. Um, but as somebody that is probably the advocate for activity and wellness and moving people and moving another generation to a healthier life than we've got, one of the things that, uh, Lexington has- has fallen way short on is- is that we have stopped building a city to human scale, and we've built it for our cars. And that's part of the problems that we all have issues with, of traffic and everything else that we hear, uh, day in and day out through our neighborhoods. We stopped building it to human scale, and the lack of sidewalks and the lack of accessibility for people to get places other than in a car shows you that we, uh, have put a premium on- on cars versus people. And what's interesting is- is that, uh, we were talking about are these the times to, uh, how we use our tax dollars wisely? Uh, I would argue that this is basic infrastructure, that this is a good use of taxpayer dollar, and not only does it lower healthcare costs, not only does it lower car trips, it becomes a green factor 'cause it lowers your carbon footprint. It has immense for its buck for the taxpayer. Um, but, uh, we've talked about this plan, and- and Bruce, you referred to it a lot. I was very integral, uh, I played an integral part in that plan building. This project is in the plan. It's not something that isn't in the plan. Um, it- it is something that, uh, is a project that th- this funding can only be used for it, so it can't go to Council Member Stinnet's district. Uh, it is something that, um, has only the availability to be used in this situation. The key piece of the plan, though, you have to understand, the underlying piece of that plan is about connectivity. That is what it is all about, and it's about this notion of complete streets, which offer you access, safety, connection, and destinations. And what's interesting is the word feasibility, and you camped out on that a lot. Let me just tell you, as somebody that has worked- ... their brains out on some of these projects. There really is no such thing as a feasible government project. It is absolutely murder to get something done. And to think that, that you're gonna put these in some sort of line and go, "Well, we'll just do that one first, second, third, fourth," is not how it works. The projects that seem so easy, they're at the top of the list, have things that will hang it out to dry, that don't make any sense to anybody, including myself. But the bottom line to it is, is that I've traveled all over the United States and I've studied places in Europe and around the country, around the globe, about bikes. I've been doing this hard since 2005. And every community has this exact same argument every time one of these things come up. It's the same thing, from Boulder to Austin to Madison to Aachen, Germany, to Columbus, Ohio, to Toronto, they say the same thing when you interview their people up here and the people out there. It's the same arguments, and what ends up happening is, is that the best practices of these cities are something that, for the longest time, I couldn't get my head around, and that is you build where you have the opportunity to build when you can build it. And it may not lead anywhere, but eventually it does lead places. That didn't make any sense to me, or it didn't make a lot of sense to me when I first got involved in, in trail building. But when you have an opportunity and you got resources and you have this place you can build, you go build there, and then you try and connect to that. Um, and that's what's important here. Um, l- let's not, let's not sugarcoat this thing. We're talking about sidewalks and we're talking about an emotional issue for people and their property and, and isn't... We've got public right of way, and but yet it's this corridor that's just been this way for 40 years. Folks, at the end of the day, we have people in our community that are physically dying on our watch because we can't let them exercise. We, we are expect... I've been hit by a car trying to go, run across the road, and I'm the healthy one. The bottom line to it is, is that you can laugh all you want to, but the bottom line is, is that Kentucky is the worst state, the worst, or number one in all the wrong categories, and for us to say that a sidewalk, "Well, we just don't want it here because, you know, we just, we just don't believe in that," the tough part about that is, that is a tough sell to a younger group of people and younger families. So I firmly support the sidewalks on Tate Street Road. Thank you, Ma'am. Thank you. Council Member Crosby. Thank you, Mayor. I, um, actually have a few questions. First, uh, will, will this go down through Lansdowne Shopping Center? Um, I'm not sure who could answer that question for me, perhaps Kenzie or Keith. What was the question? Will you have to put a sidewalk through Lansdowne Shopping Center? No, we're go- It's my understanding that it- We're gonna connect to the existing sidewalk that's right there, but it'll be- So you won't, you'll just, um, connect to the existing sidewalk, so it will not affect the shopping center at all? Correct. Okay. Thank you, though. Uh, the other issue that I have somewhat with this is the process, as Kevin mentioned. I have to agree with Kevin on the process. This, um, if I understand it correctly, came out of the Corridors Committee and from what I've learned of the Corridors Committee in recent weeks is that oftentimes they were doing things that were outside of the boundaries of what they could do by ordinance, such as granting variances and things like that. So I'm a little concerned with some of the processes that have happened to get to the point to where we applied for a grant. I'm not saying that we shouldn't be going after all the money that we can. However, um, the process, I believe, um, may have been a little flawed with this, especially when we had items that were ranked much higher. So my question would be maybe to Kenzie, were you asked at all to apply for any grants for any other projects that ranked higher on this list? Or was this the only grant out of this committee? Yes, we- We actively work on many of the projects on the list. I did want to make one point of clarification. Um, the, the plan recommends that we pursue funding for all high priority projects, regardless of feasibility. So, um... How many of the, have you, uh, of those 51 ahead of this, have you, uh, have you gone after, actively gone after funding for those projects as aggressively as you've gone after with this one to receive, receive monies? I left my plan at the back of the room. I'd have to look at the list, but yes, we are actively working on a number of projects on that list. In fact, the plan would, would truly recommend that we work on all high priority projects, um, even those in the moderately constrained category, before we would work on a low priority project that is more feasible. Because technically, the high priority projects provide the greatest connectivity, safety, benefits, et cetera. I think what Jay was speaking to is that if we do have some opportunities with those lower priority feasible projects, we still want to try and accomplish those when and where we have those opportunities. And so you, you went after this out of the recommendation from the Corridors Committee because it was a low priority item over ano- may- perhaps another high priority item? Um- Out of the recommendations from the Corridors Committee, is my question. The Bicycle Pedestrian Advisory Committee also supported this project, and one of the reasons that we supported it was because it was listed as a high priority project in the Bicycle and Pedestrian Master Plan. Is this, uh... We had a speaker earlier and I, I've talked with Max, and I guess, I'm, I'm, I had it reversed to what a speaker said earlier and, um, he had mentioned that this would have been ranked higher if we included the. ... bicycle portion of it, and it was my understanding that actually this ranks lower if you include the bicycle portion, because Tates Creek is not really ... I think what he was trying to explain is that one of the reasons that this segment was listed as moderately constrained is because those classifications address both the feasibility of installing bicycle and pedestrian facilities. It's very difficult to install bicycle facilities on Tates Creek Road. It is relatively feasible to install sidewalks. So the overall- So, it's on the bottom of the list because of that, um, low priority? It was, it was identified as a moderately constrained project, because it is constrained with respect to bicycling and feasible with respect to pedestrian facilities. So, we assigned it a moderately constrained, uh, title, I guess you would call it, because of those two considerations. Thank you. Um, uh, also during my discussions ... Uh, that's it, all I have. Thank you. Also during my discussions, um, with Mr. Conyers, it, it's my understanding that they do not recommend or not recommend something, whether we have funding or not, that they simply want public debate on this, which I think we've gotten tonight. So, I just also wanna make that clear that I w- I was told by our MPO that, that this was not necessarily something that they would recommend. They would recommend the fact that we have public debate. And my time is up, so I will s- reserve the rest of my questions for later. Thank you. Thank you. Council member Lawless. Um, this project also, um, involves District 3, my district, and I have gotten lots and lots and lots and lots of emails. I've only gotten one email from one of my constituents that was opposed to this sidewalk. Um, I would like to applaud, uh, Council Member McCord. We are ... We have created a culture where children feel like they have to get in a car to go two or three blocks, and we need to turn that around. It is about a healthy lifestyle, a livable, sustainable city. Um, what? Oh, I'm sorry. Um, if we don't turn that around, our rates of, um, obesity and ... Is she okay? Perfect. No, just .......................... Okay. Um, we also have a situation where we have an aging population, and more and more people won't be able to drive. Um, my grandmother walked to the 6:30 AM service at her church every morning until she was 92 years old. She couldn't drive, but if there hadn't been sidewalks, she wouldn't have been able to do that. We have people with disabilities, and we're all just an eyeblink away from being disabled. And that is of great concern. I have people in my district that have to get in their car because it's not safe for them to go with their kids to, um ... Down Tates Creek Road. They get in their car to drive a quarter or a half a mile to g- go take a walk at the Arboretum, which is truly absurd. Change is always difficult. Nobody wants it in their backyard, or in this case, their front yard. I've also heard from several residents who have property where they will have a sidewalk crossing their property who are very much in favor of it. I also talked to somebody who re- wanted to buy a house on Tates Creek Road and decided not to, and it was a very nice house, a very expensive house, but, because it didn't have a sidewalk and he has two daughters and he wanted them to be able to ride and walk. So, that being said, um, I'm gonna give, um, to, the rest of my time to somebody, but I don't know who yet . I strongly support this, and I appreciate the hardship it may, um, bring for some folks, but this is a community issue. It is a lifestyle issue. It is a sustainability issue, and it's an economic development issue. Thank you. Council Member James. Thank you, Mayor. Just, um, real simply, um, my constituent Barnard McCarthy who comes and talks to us about connectivity and pedestrian and bike friendliness, I concur with everything he said tonight. And I do acknowledge the concerns and, um, really do respect those concerns of those that are against and acknowledge and, and have heard your re- your rationale as to wh- why. Um, but I do support the sidewalks on both sides of the street, um, for several reasons, and I just wanted to real briefly state that, um, some of the signage that has been posted I saw on the internet, green, um, keep Tates Creek green, and green is also pedestrian friendly, because, as Council Member McCord mentioned, you are, you're helping the environment if you're able to walk instead of getting in a car. And we want to try to encourage that all that we can for our environment, and obesity rates and such. Um, the disabled community, um, represented here tonight, and many not here tonight, not able to get out and about, um, but it's very important that we have accessibility to bus stops. We ... If you've been watching GTV3, you've seen our talks about LexTran. Um, we need to make sure that we have those bus stops available and accessible to folks, and sidewalks allow that to happen. So, that's an important thing, but I, I just wanted to say it, it, it truly is simple, you know, whether you sup- want the sidewalks or whether you don't want the sidewalks, there might be some deeper, deeper stories to that, um, but for the sake of, um- ... um, a... applying for this grant, accepting this grant. It's about sidewalks or not, and hopefully any concerns and issues can be dealt with as this process continues. And we look forward to seeing, um, you all continue to come and continue to talk and be involved regarding this issue. Thank you, Mayor. Thank you. Council Member Martin? Thank you, Ma- Mayor. Not in my yard. Not on my street. Not with my money. Not across my property. This project will let the wrong sort in. It's safer to jog in the street. I hear these things a lot. Bike and pedestrian paths and sidewalks are the number one issue and request I receive from constituents. How can folks safely get under the railroad bridge on Southland Drive? How can folks safely cross Clays Mill to get underneath the, the, uh, the new Circle Road so they can play at the new Wellington Park? How can folks get across, uh, uh, the new Circle Road from Beaumont Park across from Beaumont Middle School to go to the Cardinal Run Park? Connectivity and what, what Jay talks about are, is, is really an important issue to us. I was extremely impressed with the bike trails, uh, and the livability of Madison, Wisconsin. It was just very impressive. I went on the bike tour, and we, we rode and th- they have hundreds of miles of trails up there. It is, it is a very impressive thing, and I think that this is something that our city needs. I think it's gonna, uh, help, uh, our citizens, uh, enjoy a, a healthier lifestyle. I think it's gonna help us a- attract the kind of, of, of thinking economy that we need to, to, to grow and, and to create jobs. I attended a lead seminar yesterday at, at Gray Construction about the r- new renovations at Bernheim Forest. And the architect there said that we spend 90% of our lives inside. Of the 10% that we spend outside, most of that is in the car. We need to do better. We can be a more livable community. We can have a better quality of life. We can live healthier lives. Former mayor Pam Miller called me to express her support for this project. I don't agree with Mr. Simpson that placing a telephone pole in the right of way means that LFUCG has given up its right to use the right of way. The same goes for gas lines and telephone lines and those th- types of things. This is LFUCG property and were reserved as right of way just for this purpose. Projects in Mr. Simpson's pictures have just as many utilities as the one we're looking on Tates Creek. I mean, th- look at the, at the pictures. There were a lot of utilities in those pictures. I don't think the, the, the, uh, LFUC engineering folks are bad people or violating the, the public trust. I think this is a well thought out project. It's been on the books for years. I think that it is, uh, going to create a, a, a, a, a lot of, of access to both Lansdown Shopping Center, uh, and the Arboretum for thousands of people along the Tates Creek corridor. Once the city accepts this grant, it's gonna go off and do the study. They don't do the studies before they get the grant because if they don't get the grant, why, you've wasted the money on the study. So once you get , once you get the money, I see head shaking, but, uh, but once they get the money, they're gonna go and they're gonna do the s- the, the, the, the plan and, and design and we'll know more then. If, if this becomes an impossible project, we're gonna give the money back. We'll have to... We'll e- eat the cost of the planning and design, but we can give the money back. And I think, uh, Kenzie would be happy to talk and, and Keith would be happy to talk about that process. So I support this project. Um, I, it, it is difficult to have change and it's difficult to have, uh, your front yard dug up, uh, but I think at the end of the day, this is gonna be a more livable community. Folks will bar- bike to the arboretum. It will improve retail at Lansdown Shopping Center, which is a good thing. And so I, I support this. Thank you, Mayor. Council Member Ellinger? Thank you, Mayor. I wanna thank everybody for coming out here. It's been a long night, but it's been a productive night 'cause we've learned from both sides on this issue. And I think as it's stated by everybody, we're all for sidewalks. Um, we're all for 'em. We... I enjoy being active. Um, I like to be outside. I run the arboretum. I like to cycle. I did my first century ride this past, um, three weeks ago. Rode 100 miles. You know, I, I enjoy being active and I really wanna be for this, but there are mitigating factors here that, that concern me. We've talked about the utilities, we talked about grading, we talked about the screening, we, and the potential, um, problems of the lawsuit. And whenever I try to make a decision, I always try to defer to the neighborhoods that are gonna be affected the most by this, and those are the people that I think are gonna be living on Tates Creek and who are gonna be directly affected by this. Keith, if you could, I have a couple questions. With this grant, and when, when... I thought we signed off last fall to go forward with this, we were gonna look at the design and not construction and, and how it's come to now is it looks like it's gonna be part of the design and construction both. And if we accept it and we go forward, then whatever we do do, then we, if we stop as, um, council mis- um, member Martin had said, then we have to repay them for what we've already taken from the, the grant. Is that correct? That is correct. If we did the design and we determined after the design is finished that the project's not feasible, then we would have to return that money that we had spent. And in the, um- I- i- if it were the grant money, I mean, it could also be part of the match money that, so there would be no money to return, it would just be money that we've invested in it. And dealing with the right of ways, uh, it's my understanding 90% of the right of ways are, are city-owned, is that correct? Yeah. When they widened Tates Creek Road, they widened it with the anticipation of building a sidewalk with the road, they just did not build the sidewalk, so the right of way is there for the sidewalk. I don't think that's been made clear. But as the gentleman said earlier, do we have potential of a lawsuit if we, um, don't have all the right of ways and, and have to go after eminent domain to acquire some of the property? The reason why that we're not saying that we're 100% in public right of way, if there was a reason to go outside of the right of way to, say, save a tree, to do some sort of special design consideration that would come up during the public input process that would require us to, to shift the alignment a little bit, we might have to go outside of the right of way. Um, you know, if we wanted to save a tree, then we would get permission from that property owner. That doesn't necessarily mean that there's a lawsuit associated with that. Now, as it stands, where it's mostly an 80/20 match, so 800,000 and 200,000 to have round numbers, any number over that, that if it, if we had changed orders and it comes in over that, then we are held liable for all the money over the, um, 800,000 with the 200,000, so any other additional costs would be borne by the city, correct? There would be no more match money that we could get? That is correct. But the estimate also includes a 20% contingency, so there is some room built in to the estimate to cover unforeseen circumstances. I've heard this June 30th deadline. Is that a, a solid deadline, or is that something that... I've been told by other people that it could be moved back, too. Is that something that we have to? Because I feel like tonight really is our first debate that we've had on this topic. We, we had it tabled. It got first, put on for first reading, had, didn't have any discussion, and now here we are talking about it, and then we're gonna vote on it in, probably in the next hour or two. And we had one meeting in, back in November for some of the neighbors, but we never had a follow-up, and for the council, this is really the first time to ask questions about this issue, so is June 30th, is that a, a deadline that we have to meet? That is our own deadline that we're doing it because of the, the funding. So we won't lose the funding if it's not done by June 30th? From the, the state, no. Th- the state has a different deadline. It's- Because I think we've been all told that this is a June 30th deadline that is, is- It's a self-imposed- ... a line in the sand, this must be done at this point. I- it's just a self-imposed deadline by the LFUCG. Just another issue that has been brought up, when we look at the scope of it, is there a possibility, 'cause we've talked about both sides, but I think we've had people who have been more willing to look at the east side of Tates Creek of sidewalks and maybe not the west side, because the west side requires a lot more, um, issues with it than probably the east side of, um, Tates Creek. Is that a potential on this grant? It is a potential, but we are promoting putting the sidewalk on both sides for safety issues, uh, best practices, um, so... And I guess my last question, I'm running out of time, being a biker, and I've always thought that biking, you're supposed to follow the rules of the road, and I didn't think I was supposed to ride on the sidewalk, and I, I, I'm confused on this. Is this for, is this a bike and, and walking path, a pedestrian, or is this just a pedestrian? Because I, I, I'm getting hit with a lot of emails from my biking friends saying, "How can you not be for this?" And I look at, um, bike paths as what you're supposed to be biking on and not on sidewalks, and I guess my, how I've always determined what a, for a, a sidewalk is supposed to be for a 12-year-old and, and younger, or maybe in the downtown area, and that, and that's how I've always thought. Is that, is that correct, or am I wrong in that assumption? The laws say that you can ride on sidewalks outside the central business district. We don't recommend it. We're not gonna mark it as a bike facility. It is a sidewalk. It's for pedestrians. But an individual child, adult, can ride on the sidewalk. But we're, we're, we're taking this as a pedestrian sidewalk, not as a biking sidewalk, right? Exactly. Yes. Thank you. Council member Feigl. Thank you, Mayor. I know that many of you are aware that, that I've not been behind this project, and I would just like to say to you that I wish that I could please every one of you. That would be the best of both worlds. But I can't, and we have to make hard choices when we sit up here, and I don't like doing it any more than, you know, you're gonna like my decision, many of you. But all that we've talked about tonight is sidewalks versus no sidewalks. We haven't talked about the real issue that, that I'm the most concerned about, and that is the budgetary issue. We recently went through a very grueling process to come with, come up with our budget for next year. We haven't even completed the cycle yet, and yet we get word last week from, um, from our finance department that the projections for next year's revenues that they gave us in March are no longer accurate. They've revised our revenues for next year down. We know that this past year, we have had firefighters working just numerous hours of overtime, and this council has sat here and told the fire department, "We can't afford the overtime." ... and the firefighters say, or the fire chief says, "But we have to man the stations at minimal levels." So where do we get the money for the firefighters that we need to provide the level of safety that you expect? In addition, I hear from, from people throughout my district, and I know, uh, councilmen, Councilmember Lawless does too, about all of the properties that are being neglected and are causing neighborhoods to be, um, deteriorated and affecting the quality of life in other, for other people who live in those streets. And they constantly want us to send out the code enforcement officers. We had two code enforcement officers' positions that didn't, we didn't even fill this year because we didn't have the money. We also have people calling us all the time saying, "We have speeding traffic through our neighborhoods." And we can put up all the speed limit signs in the world, but unless you've got somebody out there enforcing those speed limits, they really don't do a lot of good. So we need more police officers and, uh, you know, I like sidewalks too, but w- but as a council member, I have to take all of these needs into accounting. I have to take all of the needs of the entire city in, and put them in some perspective as we go through the budget process and nowhere in this budget did I see any additional funds for this project. If somebody could guarantee me that a million dollars would be sufficient to build that project, I might feel better about it, but nobody has been able to say, "Yes, this is gonna build the project and we're not gonna come back to the council and ask for more money." Because when they do, when they come back to ask mor- for more money, and they invariably do even with change orders. Those are common with every project, but right now we don't even know what the cost of this project is gonna be because we haven't done any kind of a design. We don't know what kind of extenuating circumstances that we're going to encounter and how much this is gonna cost us. I wanna see, I wanna see a final figure before I can get behind this project. This is not about Tates Creek. I would feel the same way if this was on Nicholasville Road or on Richmond Road or any- anywhere else. I wanna see the bottom line before I say, "Yes, let's take the money." Because I don't know what I'm committing to by voting for this. I could be committing to another half million dollars or another quarter of a million dollars. Who knows what that number is? So before I can support this, I have to be able to put this in perspective with all the other needs of this city. And so I can't support this project even though I'm very supportive of sidewalks. So this is not about sidewalks. This is about being fiscally responsible and making the most w- out of the taxpayers' money that I can do. Thank you very much. Thank you. Councilmember Beard. Thank you, Mayor. You stole a lot of my thunder, I'm afraid. Um, not you mayor. Cheryl, Fi- Co- Councilmember Feigl. Um, I've kind of been at the, the, the front of the opposition, I guess, since, uh, last fall and, um, I guess that's why I get quoted by the newspapers so much in the last few days. Um, I'll repeat though, I don't remember exactly when I said that, uh, I never see anybody walking on Tates Creek Pike. Uh, so I can't pin down wh- when that was, but I'll say it again right now. I never see anybody walking on Tates Creek Pike. End of story. Um, this process that we've gone through, uh, is what has failed. Th- the process was never properly handled. The people who were most, uh, affected by these sidewalks were marginalized. The effrontery to... I wanna be the person... I wanna see Kentucky Utilities' re- reaction to moving 119 power poles, and it, it's on their nickel. And the gentleman that spoke a little earlier, uh, was right. It's, it's, it's maybe on their nickel initially, but it'll be on our, subsequently it will be on our nickel because we'll have to pay for it. They just go to the PSC and get a rate increase. Um, Councilmember Feigl mentioned code, code enforcement being strapped. They weren't strapped when the signs went up on Tates Creek Pike, however. Um, the signs went up Monday and, um, by the time you and I got out there, uh, they'd been taken down and, um, some of them were in the right of way without a doubt. Many of them were not in the right of way, but the, uh, residents were told that didn't make any difference. They were told to take them all. Um, w- why and how that happened, I don't know. I intend to find out at some point, but, um... Things of that sort and the, uh, high-handed treatment of my constituents, uh, is not acceptable. Doesn't have a darn thing to do with health, doesn't have a darn thing to do with exercise, it doesn't have a darn thing to do with walkability. All of those things are definitely needed and required and I support them. But this just isn't the way you run a railroad. And Keith, let me ask you a question if I might. Keith Lovin? At, um, Emmanuel Baptist, near the end, we got to talking about right of way, and you said at one point that the right of way narrowed in some spots to eight feet. And if you put a six-foot sidewalk in a eight-foot right of way, uh, y- your elbows are gonna hang out over the curb. Is that a concern or are we gonna have to, uh, are we gonna have to encroach on some of these people's, uh, uh, property to, to get more right of way to make this a s- make this a safe situation? Depending on what the situation is. I mean, I, I do agree that it is a constrained width, but, um, there are things that you can do. You could approach the property owner to find out if we could get additional right of way. Yes. Uh- We've got sidewalks right on Versailles Road, right next to the curb. I mean, you can build the sidewalk next to the curb. It's not ideal, but it's doable. But do you s- do you think the property owners who, uh, have been treated the way they've been treated are going to want to cooperate in helping you, uh, build your sidewalks? Um, probably not the ones here. I can... Well, I can almost guarantee you that's the case. We have until October, that's the state deadline. They also said, "If you want another year, we'd probably give it to you." So there is no drop dead date that we were told some several weeks ago, anyway. Um, that's all part of this process that's failed, is the communication and what has been communicated and, uh, what hasn't. I've got five seconds. Thank you Oh. And I'm sure you're gonna ring the bell. Um, I guess that's enough for right now. Thank you all very much, and thank all of you all for coming. Thank you. Council Member Blues. Thank you, Mayor. Uh, it's been suggested that this is not about sidewalks, it's about taxpayers' money. Actually, it's about sidewalks and it's about taxpayers' money. Uh, and it's about a process that has enabled this city to apply and successfully be awarded, if we accept it, a grant that in exchange for one part of taxpayers' money, we get four parts back from the federal government, $800,000 to $200,000. I think that's a responsible kind of investment of taxpayers' money for a public amenity through a public right of way. It's also been suggested, or at least implied, that if we don't accept this grant, we can do more about speeding through our neighborhoods, beefing up the fire department and police department and code enforcement. A government has to be able to do a number of things. Some things it can do more speedily, more readily, more efficiently than others. And as Council Member McCord has said, we c- we try to take advantage of opportunities when we get them to do good for the public. I firmly believe that the public good here is best served by a network of sidewalks that enable the connectivity, the exercise , the ability to get from one place to another safely. I also believe that we've engaged a process here that if we pass this, uh, this motion tonight, we move to a next step of, of design which involves the public and the public input. I don't like to hear talk about how, "Well, this public is not gonna be cooperative," because I do know that we have many projects in our, in our city where public and private entities work together to make compromises, to make adjustments, to , uh, to find a way. And that's what we're gonna be able to do here, where we can , where the public will meet with, with, with consultants, with designers, with planners, with engineers. And we're not gonna be moving telephone poles, we're gonna be moving sidewalks. That's what we're doing on Georgetown Street right now, not moving , not moving telephone poles, but moving sidewalks around them to provide greater access. ... that's what we're gonna be able to do. So on all those counts, and for all those reasons, I think this is a, a productive, healthy, civic-minded project. I support it, and I expect that many others of us will too. Thank you so much. Thank you. Uh, Council Member Gordon. Thank you, Mayor. Thank you all for coming tonight. Um, I appreciate your passion and your sticktuitiveness. Uh, this is a case where $200,000 of our tax dollars will fund a million dollars in sidewalks. Uh, this, the council, the Urban County Council, just for a refresher, has approved this four times. On February 7th, 2008, by a vote of 14 to nothing, the Urban County Council approved the application for the congestion mitigation air quality grant. On February 21st, 2008, by a vote of 11 to nothing, the council approved the transportation enhancement grant. On June the 26th, 2008, my anniversary, the council, by a margin of 14 to nothing, approved this as a part of the '09 budget. And on December 9th, 2008, by a vote of 13 to oh, we authorized that the sidewalk engineering, planning, and environmental evaluations be done, four times. This is about connectivity. If we truly want to be a community where we are bike and pedestrian-friendly, we have to build the infrastructure. It doesn't just happen by itself. We have to build it. At the meeting last year, which a number of us attended, where neighbors were invited, I spoke, and I expressed the concern, and I will say it again, that if this passes, which I believe it will, that we meet with each individual property owner. I'm looking at Keith. Because I know there are concerns about trees, and I know there are concerns about what's in, in the property. And I expect that from our LFUCG folks, as a respectful way to go about this. There are thousands of neighbors who don't live on Tates Creek Road, but who want to be able to walk safely on Tates Creek Road. You heard some of the neighborhoods represented here tonight. This road isn't just for people who live on it. It's for everybody. And I think this is a prime example of an issue which is for the good of the community, the greater good. All of us up here, all of the time, weigh individual requests and individual desires against the community good. This is for the community good, and I appreciate all of your opinions, and I am extremely supportive. Thank you. I want to, um, advise everybody on the council that, uh, Council Member Stennet told me that it's not just a one-time opportunity to speak. Everybody's entitled to speak twice. So I don't know if that's good news or bad news, but if any member of the council does wish to speak again, um, you're entitled to do so under the rules. Council Member Gordon? Mayor, I call the question. If you're moving the previous question to terminate debate, is that right? Yes. In a second that motion is non-debatable, it needs to be passed by two-thirds majority. All in favor of, uh, the motion to end debate, please indicate by saying, "Aye." Aye. Those no, motion carries. Um, that being the case, we're prepared to vote. Madam Clerk, if you would, um, arrange for us to, uh ... We're now ready to vote electronically. Those in favor of ordinance number seven, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Stennet. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. No. Mr. Allenger. No. Ms. Figel. No. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. And Mr. Meyers. Yes. Thank you very much. That ordinance is approved by a vote of eleven to four. Let me, uh, just thank all of you who came to be with us this evening. The debate was very, very good, both from the public comment perspective and from the council perspective, and we're grateful for that. We have a little more business to attend to. There are some communications from the mayor. Do I hear a motion that- Move approval. Have a motion by council member ... If, if you would please, uh, postpone your conversations until you leave the council chamber, because we do have a little more business to attend to. You're welcome to stay if, if you would like. Have a motion by Council Member, uh, Gordon, and a second by Council Member Stennet to approve the communications from the mayor. Any discussion? All in favor, please say, "Aye." Aye. All opposed, "No." The motion carries. We're now to, uh, the announcement section of the agenda, item 11. Does any council member have an, uh, an announcement? Council member James. Thank you, Mayor. Um, just a reminder, in case you didn't know, Juneteenth celebration is this upcoming Saturday. And, um, there'll be, believe it begins at 10 o'clock at the African American Cemetery Number Two, which is located on Seventh- Excuse me, just a moment. Let me, let me ask once again, if you wish to stay, we're glad to have you, but if you wish to converse, please step outside. All right, Council Member James. Thank you, Mayor. Thank you. Um, the Juneteenth celebration will be this Saturday. For anyone that's not familiar with Juneteenth, it's the celebration, um, as f- of freedom as, um, recognized by African Americans. African Americans got a, a later, um, a l- they were, it was, there was a delay in acknowledgement of, uh, the signing of the Emancipation Proclamation. And so, looking back, trying to remember when, um, they actually found out about their freedom, um, they recognize that around Juneteenth, somewhere in June, um, and that's at, celebrated in mid-June every year. I think we've celebrated that here locally for about three years, um, maybe longer. But this year, it will be in, um, in East End at African American Cemetery Number Two beg- beginning at about 10 o'clock. That's at Seventh Street, on Seventh Street, if anybody's, um, wondering where that is. And then there'll be a walk or a march up to William Wells Brown Community Center where there'll be an afternoon event with food and fun and, um, some authors of books and such and, um, just a lot of fellowship with each other in celebrating freedom for African Americans and for all people, really. Um, so please feel free to join us. Again, I think the African Amer- uh, at the cemetery begins at 10:00, and we'll be up at the William Wells Brown from 11:00 to 4:00 that day. Thanks, Mayor. Thank you. Any other announcements? Move for a vote. Pardon? Move for a vote. All right. Mass... Oh, yeah. In, uh, public, any further comment? I think we've already been through that, but we do have a police disciplinary matter. Chief, Chief Jackson. While Chief Jackson is coming to the microphone, let me just say to all of you, tonight, the debate has been superb. Both sides made their points very well. As I said, I thought the public comment was excellent. I know you all have had a difficult day. You've had a difficult month. A week. And, and it's been very tiring, but, uh, I, I thought everybody made their points very well tonight and you're to be congratulated for that. So thank you for a job well done. Chief, uh, we'll turn the microphone over to you. Thank you, Mayor. We've got a disciplinary matter we'd like to bring forward to the council and I'm gonna read, uh, an agreement of conformity. Lexington-Fayette Urban County Government Division of Police Agreement of Conformity with KRS95.450. An allegation has been made that Officer John J. Borre, employee number 44364, has committed the offense of not adhering to division policy in violation of KRS95.450 and the General Order 73-2H Section 1.35 Violating any rules of the division. In and on the 29th of March and the 3rd of April 2009, Officer Borre entered the West Sector Roll Call Facility on March the 29th, 2009 wearing a pocketknife clipped on the pocket of a Class A uniform pants in violation of division policy that states, "Common pocketknives may be carried by sworn personnel, but must, must be totally concealed within the pants pocket." Lieutenant Joseph Blakely addressed the issue at the time with Officer Borre who immediately placed the knife inside his pocket. On April the 3rd of 2009, Officer Borre was standing in the hallway of West Sector Roll Call Facility and upon seeing Lieutenant Blakely, the pocketknife off his pants and place it inside his pocket. Approximately 10 minutes later, Lieutenant Blakely once again observed Officer Borre in the same facility with the pocketknife clipped on the pants pocket. Lieutenant Blakely advised he walked over to the Officer Borre, Officer Borre and looked at him and at which time Officer Borre again removed the pocketknife and placed it down inside his pocket. Lieutenant Blakely advised he observed a pocketknife clipped on the outside of Officer Borre's pants pocket on three different occasions. Lieutenant Blakely believes Officer Borre was not adhering to division policy. And since this complaint was brought forward to the, uh, chief, Chief Met with Officer Borre and he signed a, a Letter of Conformity to accept 40 hours suspension without pay. Move to accept. Second it. Have a motion to accept the recommended discipline. Is there any discussion? All in favor, please say, "Aye." Aye. All opposed, "No." Motion carries. Thank you, Chief. Thank you, Mayor. Is there a motion we adjourn? Second. Have a motion by Council Member Ehlinger- . ... and a second by Council Member Gordon to adjourn. All in favor, please say, "Aye." Aye. Opposed, "No." The motion carries. Thank you. Have a seat.