The meeting to order. Madam Clerk, would you call the roll, please? Ms. Crosby. Mr. Ellinger. Here. Ms. Figal. 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. Mr. Stennet. Yes, ma'am. Mr. Beard. Present. And Mr. Blues. Yes. Thank you. Thank you. We have a quorum. It's my pleasure to welcome to the podium this evening Council Member, uh, Linda Gordon's minister, Reverend Dan Hans, from the, uh, Second Presbyterian Church. Welcome. Would you all bow with me in prayer, please? Oh God, who guides and governs all life, we call upon your guidance for the governance of this portion of life we call Lexington, Fayette County. On the eve of the celebration of our nation's birth, a birth into freedom and self-governance, we're grateful for the freedom to possess and express differing views on common issues facing us. We're equally grateful for the opportunity to listen to and learn from each other as we seek what is best for all. Grant those who deliberate on this council the eyes to see and seize the moment, and never stop looking ahead to new possibilities and potential consequences beyond a moment. Grant those who debate in this chamber the ears to listen to voices whose concerns may have nowhere else to be heard, and voices that speak on behalf of those with no political voice of their own. Thank you, oh God, for these public servants gathered here this evening, who give of their time and energy for the life, liberty, and happiness of those of us who reside in Lexington, Fayette County. Give them your guidance now and into the future. Humbly and gratefully, we make this request through your amazing grace. Amen. Thank you very much. Madam Clerk, if you'd give, uh, second reading to the ordinances entitled A Second Reading, please. Ordinance number one. An ordinance submitting articles 1, 3, 4, 7, 8, 9, 12, 15, 16, 18, 22, 26, 28, and 29 of the zoning ordinance to clarify and modify regulations and the ... define infill and redevelopment area to expand the limits of mixed uses, change parking requirements, a- add accessory dwelling units, and increasing the flexibility of the design of the neighborhood character design overlay in D1 zone. Number two, an ordinance authorizing and directing the mayor on behalf of the Irvin County government to execute and submit a grant application to the US Department of Justice 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 $410,023 federal funds are for installation of wireless mesh network inside of New Circle Road for the Division of Police, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to FY 2010 schedule number 17, and authorizing the mayor to transfer and encumber funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $263,763, Commonwealth of Kentucky funds, are for police training incentive funds, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to FY 2010 schedule number 18, and authorizing the mayor to transfer and encumbered funds within the grant budget. Number four, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Commission on Fire Protection Personnel Standards and Education, which grant funds are in the amount of $1,875,159, Commonwealth of Kentucky funds for, are for training incentive funds for firefighters, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to schedule n- Pursuant to FY 2010 schedule number 19, and authorizing the mayor to transfer and encumbered funds within the grant budget. Number five, an ordinance ratifying the 2009 Division of Community Corrections Policy and Procedural Manual, and adopting it in lieu of the Polic- Policy and Procedure Manual adopted in ordinance number 219, 2007, which provides procedures for general management, public information, inmate information system and inmate records, budgeting and accounting, inmate accounts, commissary, staffing, disciplinary actions, sworn status, appearance, code of ethics, court proceedings, personnel records, physical fitness training requirements, off-duty employment, drug-free workplace policy, employee assistance program, tobacco-free, no-smoking de- designation, admissions commitment authority, inmate records, inmate searches, inmate property orientation, transfer and release, objective classification, security assessments, custody assessments, disciplinary segregation, administrative segregation, inmate sep- supervision, security procedures, inspections, searches, transportation of inmates, use of restraints, use of force, weapons, use of firearms, emergency procedures and operations, inmate healthcare, food service procedures, equipment maintenance, control and use of dangerous materials, sanitation, hygiene, inmate services unit, statement of inmate unit, uh, inmate rights, disciplinary offenses, hearing procedures, inmate grievance procedures, probation services unit, community alternative program goals, drug testing unit, and community service unit. Number f-- number six, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of payroll analyst, grade 115E in the Division of Accounting, and creating one position of payroll analyst, grade 115E in the Division of Human Resources, appropriating funds pursuant to FY2010 Schedule number 20 and transferring the incumbent. Number seven, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and reappropriating and reappropriating funds Schedule number 21. And, number eight, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $1,483,300 for the recycling center equipment purchase and appropriating and reappropriating funds Schedule number 22. Thank you. Is there a motion to approve those ordinances? Move to approve. Councilme- Second. Councilmember Meyers has moved to approve those ordinances. Councilmember McCord has seconded. Is there any discussion? See none, so we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madame Clerk, please call the roll. Miss Crosby is a- absent, okay. Mister Ellinger? Yes. Miss Feivel? Aye. Miss Gorton? Aye. Mister Gray? Yes. Miss Henson? Yes. Miss James? Yes. Mister Lane? Yes. Miss Lawless? Yes. Mister Martin? Yes. Mister McCord? Yes. Mister Meyers? Yes. Mister Stennett? Yes. Mister Beard? Aye. And Mister Blues? Yes. Thank you. Those ordinances are approved. Madame Clerk, if you would give by first reading to the ordinances entitled to first reading. Ordinance number nine. An ordinance creating article 4, sections 7-39 through 7-43 of the Code of Ordinances Lexington-Fayette Urban County Government to establish an abandoned urban property classification for the purpose of ad valorem taxation which rate is to be set by the Urban County Government at a rate which does not exceed the maximum rate allowable by law and which is based upon each 100 dollars of the January 1 assessment value of the property and providing for a determination of, uh, by the Vacant Property Review Commission of each pro- such property with a list to be provided to the Division of Revenue and the Office of the Fayette County Property Valuation Administrator by January 1 of each year, the removal of properties from the list upon a showing that the property no longer meets the criteria, and an annual notice for, of determination mailed to owners or other interested parties, an appeal within 30 days, and the Vacant Property Review Commission to establish policies and procedures in amending Section 12-82 of the Code of Ordinances to provide for fulfillment of duties by the Vacant Property Review Commission. Number 10, an ordinances s- amending se- subsection 18C-21 of the Code of Ordinances of the Lexington-Fayette Urban County Government to eliminate the registration requirement, amending Section 18C-3 of the Code of Ordinances to provide for the maintenance of insurance as required by law, amending subsection 18C-41 of the Code of Ordinances to ad- add that the ambulance service provider be appropriately authorized by the Commonwealth of Kentucky to provide service within Fayette County, repealing and deleting Section 18C-8 of the Code of Ordinances pertaining to permit registration in its entirety, amending Section 18C-9 to add Fayette County and the Kentucky Board of Emergency Medical Services or any other state agency tasked with regulating these services and renumbering the sections of Chapter 18C of the Code of Ordinances accordingly all effective upon date of passage. Number 11, an ordinance amending Section 21-52 of the Code of Ordinances abolishing one position of administrative officer Grade 118E and creating one position of human resources generalist, Grade 118E, all in the Division of Human Resources. Number 12, an ordinance creating Article 44 in Chapter 2 of the Code of Ordinances of the Lexington-Fayette Urban County Government to create the Corridors Commission. Number 13, an ordinance amending Section 21-25, 22-22, 22-5-2, 22-53, 22.- 22-53.2, and 23-28 of the Code of Ordinances providing 1% structure movement to the salary schedules applicable to classified civil service employees, unclassified civil service employees, including council staff and traffic school guards, and a 1% increase to the maximum of the pay range of program assistant part-time, providing that all classified and unclassified civil service employees, except seasonal employees in account 332 and Division of Parks and Recreation Employees in accounts 333 and 334, who receive a satisfactory score on their performance evaluation pursuant to Sections 21-29D and 22-26(5) of the Code of Ordinances shall receive a 1% pay increase, amending Section 23-32D of the Code of Ordinances modifying the existing step structure for the positions of Police Chief Grade 324E and Fire Chief Grade 324E, increasing the salary by 1% of one position, a friend of the court, grade 000, within the Office of the Circuit Judges, one position of ABC administrator, part-time, grade 000, within the Office of Alcohol Beverage Control, grade three, three positions of law clerk, part-time, grade 000, within the Department of Law, and three positions of skilled trades worker, part-time, grade 000, within the Division of Community Corrections, and adjusting the salary structure for all bargaining unit members in the Division of Community Corrections and fire majors in the Division of Fire and Emergency Services, all to become effective retroactive to June 22nd, 2009. Number 14, an ordinance relating to stormwater discharges from high-risk industrial and high-risk commercial facilities amending Subsections 16-1F2, 16-1F3, 16-1F9, 16-1F15, and 16-1F16 of the Code of Ordinances to redefine terms, creating Subsections 16-1F16 and Subsections 16-1F18 through 16-1F48 of the Code of Ordinances defining terms. Creating sub article C of article ten of chapter 16 of the Code of Ordinances, section 16-89 through 16-91 to ensure adequate control of stormwater where high-risk industrial and high-risk commercial facilities are located, requiring a high-risk industrial facility to submit a copy of its KD, KPDES permit and Stormwater Pollution Prevention Plan to the Division of Water Quality, requiring other division, other industrial facilities to submit a Stormwater Pollution Prevention Plan to the division and specifying requirements thereof, requiring submission of monitoring programs results to the division and allowing the div- urban county government to require monitoring programs as part of the Stormwater Pollution Prevention Plan, requiring high-risk commercial facilities to develop a Stormwater pro- poli- pollution prevention plan within 90 days of notice with, by the division specifying the requirements thereof, and authorizing the urban county government to require monitoring programs as part of the Stormwater Pollution Prevention Plan, authorizing the urban county government to develop general permits for industrial and commercial facilities that are not required to be covered under the KPDES permit, authorizing the division to require best management practices or stormwater controls for any industrial, commercial, or institutional activity, operation, or facility that may op- that may con- contribute to pollution of stormwater, creating sub article D of article ten of chapter 16 of the Code of Ordinances, sections 16-92 that, through 16-98 relating to illicit connections and illicit discharges, prohibiting illicit discharges to the MS4 with certain exceptions prohibiting illicit connections to the MS4, authorizing the suspension of access to the MS4 when such action is necessary to stop the dis- to stop a discharge which presents or may present an imminent and substantial danger to the environment or persons to the, or to the MS4, requiring remedial plans to eliminate an illicit connection or illicit discharge, requiring persons to maintain water courses free of pollution, contamination and unreasonable obstruction and requiring notification to the Division of Release of Materials which are resulting in, or may result in, illicit discharges. Number 15, an ordinance relating to solid waste collection, solid waste disposal, sanitary sewers and stormwater amending sections 16-1C and 16-1G of the Code of Ordinances defining terms, amending section 16-2 of the Code of Ordinances to replace the Commissioner of Public Works with the Commissioner of Environmental Quality, repealing sections 16-3.1 and 16-3.2 of the Code of Ordinances, amending section 16-4 of the Code of Ordinances to replace the Commissioner of Public Works with the Commissioner of Environmental Quality, replace the Director of Solid Waste with the Director of Waste Management, and clarify enforcement actions, amending section 16-4.1 of the Code of Ordinances to replace the Director of Solid Waste with the Director of Waste Management, to provide that dumpsters or screening placed without a permit shall, shall be removed within 48 hours unless a permit is immediately obtained, setting the fee for such permit at 100 dollars, providing that no permitted dumpsters shall be removed without notifying the Division of Waste Management at least 48 hours before, and clarifying enforcement actions, amending section 16-8 of the Code of Ordinances to clarify enforcement actions, amending section 16-10 of the Code of Ordinances to replace the Director of Solid Waste with the Director of Wre- Waste Management, com, replace the Commission of, Commissioner of Public Works with the Commissioner of Environmental Quality, and clarify enforcement actions, repealing section 16-18 through 16-28, inclusive of, of the Code of Ordinances, recreating section 16-18 and 16-19 of the Code of Ordinances to require persons disposing of or managing solid waste within Fayette County to obtain required permits and comply with permit terms, amending section 16-40 of the Code of Ordinances to clarify enforcement actions, amending section 16-44 of the Code of Ordinances related to grease and oil interceptors to add requirements that a site mi- map, design documents, and as-built drawings be submitted to the Division of Water Quality, clarify permit provisions and transfer approval authority to the Division of Water Quality, amending section 16-44. 1 of the Code of Ordinances relating to special grease and oil interceptors to replace the Division of Sanitary Sewers with the Division of Water Quality and clarify enforcement actions, amending section 16-46 of the Code of Ordinances to replace the Director of Sanitary Sewers with the Director of Water Quality, and clarifying the enforcement actions, amending section 16-49 of the Code of Ordinances to replace the Director of Sanitary Sewers with the Director of Water Quality, repealing section 16-73, 16-74, and 16-75 of the Code of Ordinances, amending section 16-74.1 of the Code of Ordinances by renumbering it as section 16-94.1, creating article 12 of chapter 16 of the Code of Ordinances relating to civil fines and enforcement to provide enforcement response action of informal notice, notice of violations, several citations and administrative orders, including an order to appear before the Director of Waste Management or Water Quality, a compliance order or a cease and desist order providing specific requirements for issuance of notices of violation and providing that a NOV shall proceed issuance of a civil cit- citation except in cases of serious threats to the public or environment, potential irreparable effects, or repeat offenders, providing specific requirements for issuance of civil ci- citations and providing a right to a hearing before the Environmental or Infra- Infrastructure Hearing Board if the citation is contested within seven days, providing for services, uh, service of NOVs, administrative orders, and citations by personnel service, personal service, or regular mail and providing for a copy to be sent to the property owner, providing that civil fines may be issued for failure to perform duties under a violation of chapter 16, providing that the maximum civil fine that be- ... may be imposed is $15,000 and each day in violation shall be a separate offense, providing the citation shall specify the amount of the fine, and that two-thirds of the fine specified will be imposed if the violator does not contest the citation and has compiled-- complied with applicable administrative orders, providing that persons who hold a permit under e- under Chapter 16 may be issued a stop-werk order for violation of the permit, or the revisions of Chapter 16 where there is a threat to the public or property, and providing for appeal to Fayette District Court, specifying the rights of appeal of ci- civil citations, and providing that failure to appeal such shall represent a determination that a violation has been committed, and finally adjudicated, providing for an appeal to Fayette District Court of decisions the administrative-- of the Administrative Hearing Boards, providing that violations-- violators shall become liable to the Irvin County Government for its expenses occasioned by the violation, and that violators should be responsible for repairing or restoring any facility, natural outlet, or stream that is damaged by the violation, providing that the Irvin County Government may pursue equitable root- leaf in court when necessary, and may abate the conditions and charge, the violation-- violator an administrative fee of $250 and the cost of abatement, providing that the authorized enforcement agency may enter on private property if necessary to evade a violation, providing for a filing of a lien of- for Irvin County Government costs, providing that the Irvin County Government may enter and inspect construction sites and facilities subject to regulation under Chapter 16 to determine compliance, providing that legal action may be instituted by the Irvin County Government for the recovery of penalties and costs, including attorney fees and court costs, providing that violations of Chapter 16 are a public nuisance, providing that knowing or wanting it, violators may be subjected to criminal prosecat- prosecution, providing that no building permit will be granted to a person adjudicated in violation of Chapter 16 unless an appropriate consent order and compliance schedule has been entered into with the Division of Environmental Policy, creating subsection 5-88I of the Code of Ordinances, providing that a contractor must certify that it has not been adjudicated in violation of Chapter 16 before being registered to act as a contractor within Fayette County, creating subsection 5-90E of the Code of Ordinances, providing that before renewal of registration, contractors must certify that all information provided remains accurate and creating subsection 5-98A6 of the Code of Ordinances, providing that the registration of a contractor may be suspended or revoked for violation of any provision of this Chapter 16. Number 16. An ordinance omitting Section 1410F of the Code of Ordinances to clarify citation authority for enforcement of Chapter 16 of the Code of Ordinances. Number 17. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice 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 $86,168 federal funds are for the Project Safe Neighborhoods Program for the U.S. Attorney's Office for the Eastern District of Kentucky, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and appropriating funds pursuant to Schedule Number 23, and authorizing the mayor to transfer and uncover funds within the grant budget. Number 18. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice 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 $1,394,105 federal funds under the 2009 Recovery Act Edward Byrne Memorial Justice Grant Assistance Program for the purchase and installation of various types of equipment for the Division of Police to establish a full-time, three-year civilian unclassified position for the Computer Information Systems Unit in the Division of Police, a full-time social worker unclassified position for the offender re-enter-- re-entry program at the Division of Community Corrections, an assistant prosecutor position in the Fayette County Commonwealth Attorney's Office, a gang coordinator position in the Fayette County Attorney's Office, and an extradition coordinator in the Fayette County Sheriff's Office, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, operating funds pursuant to Schedule Number 24, and authorizing the mayor to transfer funds- unencumbered funds within the grant budget. Number 19. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $15,000 federal funds are for participation in Blue Lights Across the Bluegrass for the Division of Police, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 25, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 20. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute a su- and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition, 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 $62,000 federal funds are for participation in the Childcare Food Program for the operation of the nutrition program at the Family Care Center in FY2010, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 26, and authorizing the mayor to transfer unencumbered funds within the grant budget. 21. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Department of Education 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 $35,500 in federal funds and Commonwealth of Kentucky funds, are for the L- National School Lunch Program 2010, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 27, and authorizing the mayor to transfer unencumbered funds within the grant budget. 22. An ordinance amending certain of the budgets of Lexington, Fayette, and Urban County Government to reflect current requirements for municipal expenditures and re-- appropriating and reappropriating funds, Schedule Number 28. Madam Clerk, if you'll hold for just a moment. I understand Council Member Lawless wishes to, uh, address item number 23. Thank you, Mayor. Um, item 23, um, deals with the South Limestone Streetscape, um, Project, um, whe- it's an ordinance accepting a bid from ATS Construction for 13 million, little over 13 million dollars. And, um, as an elected official, I feel like it's my job to make choices, um, there in the, that I think are in the best interest of the city. And I do that with gathering information from citizens, and hopefully, um, within the government. Um, before we move further with this, I wanna say I'm 100% in favor of our downtown streetscape projects. I think it's long time coming and really important. But before we vote on this next week, I need to know what choices w- we're making, what impact this is having, unintended and intended impact, um, by moving forward, forward with it at this time. And I have been trying to get those answers, and I hope maybe by next Tuesday, I will have them. But the question I have is, will this mean that we're choosing to do South Lime at the expense of doing Main and Vine and the Court, the Cheapside Park Pavilion and those kinds of i- improvements? Is it an either/or? How did this get to be the first priority? And I would just like some of those answers, and thank you, Mayor. If you'd like, we'll, uh, ask Coun- uh, Commissioner Webb to address that at this time. Commissioner Webb? It, it has been our intention from the very beginning of whenever we were awarded the design money to do all the phase one projects, those projects being South Limestone, uh, from Avenue of Champions down to Vine Street, Main Street from Bo- Broadway to Limestone, and Vine Street from Broadway to Limestone, in addition, Cheapside Park. Uh, there was funding in the capital plan, uh, the bonding plan, to do those projects based on the streetscape estimates, and those designs are in progress right now. Uh, potentially, construction could have been done at Cheapside Park as the first project. The, uh... However, whenever we got the money and sat down and looked at what was already programmed for Cheapside Park, we had almost a year's worth of activities already programmed there. So to do that construction this spring would have interrupted all those activities. So our plan is, I believe it's October 15th is the last scheduled activity on that site is to be ready to go with the contract as soon as that's over. Uh, construction on Main and Vine Street is dependent upon, uh, part of the streetscape design that included putting the road on a diet, narrowing, narrowing the lanes, having, uh, off-peak parking, and a floating bike lane on both Main and Vine. That required an extensive traffic study. That study was just completed. We sat down for the last time. This... We went through the study, found the bad intersections where the level of service had dropped off. We had our l- uh, the consultant went back and did some redesign. Didn't af- actually affect the streetscape, but it did affect some parking spaces. Uh, had that final meeting last week and came to consensus that it was ready to go. And, uh, Strand is setting up a meeting with, uh, District Seven to deliver that and explain, explain it. So we're on the way there. That has to be done before we can make any of those changes downtown and get encroachment permits because it's a state highway. We believe... We're... We, we believe that we're on a timeline which will allow us to bid those projects later this fall or winter and spring construction. Um, is part of the reason so much due diligence is being given to... Well, first of all, I want to compliment you and, and as always, Commissioner Webb, I, uh, so appreciate the work you do and have a great deal of respect for you. And so, uh, my question is, the funding that, um, seems to be we're looking at for the South Limestone, um, is somewhat... We're really not gonna know until October, maybe, on some of it if we're gonna have it. Is that correct? One, uh, one area that we believe we ha- have... We, we did receive the opportunity to put in for an ARRAKIA loan for infrastructure. Right. That was a $2.6 million loan, which that amount was based on all the green infrastructure, but not including any storm sewer. Mm-hmm. ... that was in those phase one projects. We, we have not received the letter yet, but we attended a meeting where it was voted on and, and the vote, we... it was voted in as a project that qualified for ARRA. What we don't have in hand is the letter that comes to you. However, if it can't be used, if that money can't be used on South Limestone, and Cheryl Taylor has called, and if it's available, we can use it for the storm sewer, which is great news- Mm-hmm. ... 'cause that offsets- Sure. ... a pretty good expense there. If it is a- if it is available, we can use it there. If it's not, we can still use it on Main and Vine during that construction. So there's a piece of money there. The sanitary sewer replacement is really not a part of the streetscape. Right. The sani- the sanitary sewer, it was based on taking, you know, camera in the sewer and seeing the condition. It's an old road with an old sewer, and it was found to be in poor condition than to do the type of, of streetscape, you, you wouldn't wanna leave that old sewer under the- Oh, absolutely. I agree 100%. ... or the old laterals. So, but that... the cost for the sewer will be covered by the sanitary sewer fund. So that cost is covered a good portion potentially of the storm sewer is covered or it could offset money that was designated for Main, Vine, and Cheapside to move forward to that project because it's being offset. We also are, were awarded $1,125,000, uh, in transportation ARRA money. That ha- that has not been confirmed yet. We are in the process. You have to qualify for that. One of the things, one of the steps we have to get by is the permitting of the floating bike lane plus, uh, we need to get a categoric exclusion, environmental exclusion in order to qualify to use that money. And that is in the works right now. We are working with District Seven with the streetscape project along with, I believe there's four other projects that we have that are ARRA money. All those projects have to go through that process- And for the- ... so that potentially offsets another million. For just the general public, you're speaking of some of the stimulus money. Yes, ma'am. That's- Okay. Both of those came through the president's stimulus package. Right. So we're hoping to use some of that stimulus money on this project? Yes. Uh, we went ahead and bid this project because we wanted to qualify. We, we went and met with the KIA folks and verified that we had included all the items that needed to be in your bid package for that. And, uh, that was done. We believe that South Lime will qualify, but if it doesn't, that money, when it's awarded, can be used downtown and offset that capital money that we would have used down there for that. And are... you are applying for some e- some of that stimulus money for the Main and Vine and Cheapside projects also. Is that correct? Cheapside doesn't qualify, uh- But Main and Vine? Main and Vine is the transportation million, 125,000, and the 2.6 would qualify for any s- any storm sewer work that we had to do down there or just the connections from the rain gardens into the storm sewer, that would qualify and the rain gardens their self. So if we don't get that money, um, which we may not if we don't have all the plans, et cetera, which is, I understand, a lot of the ex- this work on the design, et cetera, on Main and Vine have to do with qualifying for that stimulus money. If we do not get that money and we've already moved forward on the South Lime project, does that mean that we won't be able to have the money to do Main and Vine and Cheapside before the 2010 games? Because it seems to me that's the low-hanging fruit. That's the big bang for the buck as far as how much it's gonna cost, what the detail's gonna be, and what people are gonna see when they come to our community for the 2010 games. So you don't have to answer all these questions tonight, and you know I've been asking a lot of questions over the last couple weeks about this. Yes, ma'am. Um, and again, I hope that future projects before they're bid we know about so we don't get those calls. And again, I know you, that wasn't you, so, um, I appreciate it, and if you would get back to me and I think probably the other council members would like to know those question's answers, I'd really appreciate it. But the main, main question is, if we don't get the stimulus money and we choose to do South Lime, which will already be underway when we find out in October if we get the stimulus money, is that, does that mean we will have depleted the money we had put aside for our streetscape projects before 2010? And will that mean then that we will sacrifice doing Main, Vine, and Cheapside? Thank you. Thank you, Mayor. Thank you, Council. Uh, Vice Mayor Gray. Thank you, Mayor. Um, actually, Council Member Lawless has said it already really well, and we've learned not to try to duplicate. However, uh, the... it, it... I think it's worthwhile to mention in the context of this, this afternoon, the council, the committee as a whole, which is all the council, um, had an economic development task force meeting. And it was, um, it was a wonderfully free-flowing meeting, uh, brainstorming session that related to economic development. ... and at least for me, it was remarkable how often the urban context and the downtown and the vitality of the downtown came into the conversation, the linkages between that, between them. And the anxiety that we have expressed in the last three or four days has to do with this fear that this imagination that is represented by the Streetscape Project, the vitality that that can bring to our economy might be threatened, because we have a project here that is 50% or $4 million over the budget for it. Now, in, since Tuesday, I've had a couple conversations with, with Brian Marcum, our purchasing manager, with you, Mike, and the sense is from you guys that the estimate, the original estimate was too low for the storm and for the sanitary and for taking the utilities underground. I know for sure Harry's here, Ben's here, I know you guy ... I know that ATS will do a great job and if anybody can do this project, those guys can do it. I know that from experience and I commend them for that. There's a lot at stake here. Doing this one well and hanging with the rest of the project is what we're all talking about. And so I wanna say that, uh, I'm gonna be, I'm gonna be voting for this and also understand that there's the finish, the remaining detail work on the elevations, uh, the storm line is, that's being completed, so y- and there's some continuing negotiations underway on Price. That's right, on the engineering piece. Right. So and you're there, you're somewhat hopeful that there may be an improved price, which would be welcome, of course, by everybody. Thank you. Council member Lane. Thank you, Mayor. Uh, Commissioner, uh, thank you again. You've been working hard, I can tell. Thank you. Um, I just wanted to follow up with two quick questions and a comment. Uh, my first comment I had is- Sure. ... uh, I feel like the area near the courthouse is a red-hot area of our downtown. Uh, there was a major, uh, writeup about, uh, Dudley's Restaurant moving over on Short Street near the courthouse. And so I would like to make sure that we do have funding available to complete the work around the courthouse under any circumstances, and that we wouldn't be, if we have a overage on the cost for the limestone, it wouldn't come out of the budget over there. And then the, uh, that's my first question. And do you feel pretty sure we can complete that project without- Uh, the Chief said for project, yes. Okay. All right. I think it's important to just mention, if it's okay. Yield to the vice mayor, sir. Th- this is important, because the pictures that we have today include the pavilion, the glass pavilion, and Clete's plan ... The pictures include the pavilion, but the budget today does not include the glass pavilion. That's my understanding from Clete. So he's continuing to work on that, it's my understanding. And what Council Member Lane is saying is that the pictures and the imagination is what we are owning into, right? That's correct. And, uh, and I've, I've heard, uh, that there may be other sources of funding available on that, but I, I can't really speak to that at this time. Uh, the other, the other question I had about the limestone project is, um, I think it's absolutely critical that e- uh, each of the property owners, particularly the businesses along there, that we do everything possible to make sure their businesses are impacted as little as possible. And so and, and I feel even if the cost of the project is a little bit more expensive, but we can do a better job of taking care of the, uh, owners and the, and the businesses there that that's another thing we need to consider in the pricing. So I, too, uh, you know, will be supporting the motion this evening. Thank you, sir. Thank you. Council Member Feigl. Thank you, Mayor. Uh, Commissioner Webb, I, I had just one question. Um, I plan to support this project, but you said something that kinda piqued my interest, and that is that the sewer and storm water money will be used to put in the new sewer line. Yes, ma'am. Is that money coming from the new storm water fee that we have just assessed people? And my question really is, is this project going to preempt any of the work that we would've done in areas of town that are experiencing flooding in their homes? No, ma'am. The, uh, the sanitary sewer fee will pay for the sanitary sewer, as it does for all sewers that needs to b- need to be replaced. That's really not associated with flooding. That's sewer, sanitary sewer problems. The money that we, that, um, for the KIA was specific to this project. We made an application through, uh, the application process for the stimulus money- Hmm. ... specific to this based on the green infrastructure that would be part of this. And part of that, uh, you know, we're under the consent decree for how we manage our storm water and part of our designs include rain gardens that'll take water off the curb, so a minor, uh, a minor rain event would, would not go directly to the storm sewer. It will drain into these rain gardens and filter through the soil. ... which will be connected back to the storm sewer. So you're getting ... You may think of it as pre-treatment of the storm water. There'll be f- some filtering there. So the f- the items that were all associated with what we call green infrastructure were part of our application on the phase one projects. When ... After we were awarded, uh, awarded the- ... the low-interest loan, which has 50% forgiveness, uh, Commissioner Taylor contacted the Department of Water to, uh, inquire on whether we would be able to use it all on the South Lime project. I- Through those discussions, we believe now that it rather than use it over the entire project, we can use it on the South Lime project, because they consider a poor condition storm sewer as as big as an issue as free treatment of the water. So it didn't preempt any other project we had out there, and that money can't be used anywhere but in the streetscape. The application contains a map- Okay. ... that shows the limits. Okay. Thank you. That's it. Council Member Lawless. Thank you, Mayor. So, very specifically, if we do not get- ... the stimulus money awarded to us in October, if we move forward with this project, it does not mean that we will be sacrificing being able to do Main, Vine, and Cheapside? Are you speaking specifically of the transportation 1.1 million? Of it. That would be the October- Right. ... award? We'll ... I believe we'll know prior to that, that there's an obligation date for that money. Yes. Of December the 1st, I believe. Right. Has to be obligated for the transportation. Right. And we believe ... Oh, I'm sorry. I'm not answering your question. It's okay. It would leave us $1.1 million short of what we are today. I d- So this will already be ... We're, we're all, we will already be digging and committed to South Lime. Would we still be able to move forward within the budget and other decisions we have made about funding the streetscape if we don't get that stimulus money? Let me try to answer that question. Thank you. I am committed to trying to find the money necessary to finish phase one, period. Now, is that gonna come from transportation enhancement- ... funds, is it gonna come from private grants, is it gonna come through, uh, general obligation indebtedness? I don't know the answer to that as of July 2nd at 7:45pm Okay. But one way or the other, I'm committed to seeing all of the phase one projects completed. Uh, 2010? Sure. Okay. Yes. And- Our target date's July 1st. Yes. And over the course of the next couple of months, we'll be finalizing the financing plan for the subsequent stages of the phase one. And, um, we'll have some contingency planned for what happens if the DE grant does not materialize, but, um, I'm confident we'll find the funding necessary to make that happen. Okay. Well, that's what I wanted to know before I make a choice. All right. Thank you so much. Okay. Thank you. Anything ... Council Member McCord? I, I just wanna finish all this discussion by going back to something the Vice Mayor said that, in an earlier meeting, Mike, that, uh, we talked about what can the council do, what's our role? 'Cause sometimes we get off into, uh, other roles that, that aren't necessarily in our purview. And, and I think as a body, what we need to be looking at is what, what can we do to make this project happen. Uh, and I think that's coming right now from the discussion between, uh, uh, the administration and us in, in, in front of everybody. But, uh, I think that this body can hold, uh, our own divisions of government accountable and the utilities accountable for moving posthaste with great customer service. Uh, that is something that w- was ... Is it within our purview, uh, and, and, uh, we can certainly do that. But I would also say that it is incumbent upon us as individual citizens to, uh, frequent those places, to attend those places, bring other people who might not go there during this time to show that this council and this government is behind it. And so, you know, we asked, "Well, what can we do?" And what, uh, I think the Vice Mayor is saying is, that, you know, you definitely want this to succeed, so that people will have a comfort level as we go forward with, with other projects in this town. And so, um, from a policy body, we can pass this, move forward, and hold people accountable. But also, as individual citizens, uh, we can encourage our friends and the folks inside this government to, uh, to attend those places to show that w- we wanna, we wanna support this in every way possible. And that goes directly to economic development, which we've just been talking about, and, and maintaining the, the folks who have made a stake in this town and put their money at risk, uh, in business. And we're not here to put anybody out of business. So I encourage you, Mike, to, to continue to use whatever creativity, uh, that you can, and I appreciate all that's happening in downtown. And this is just the first one of these that we're gonna have, uh, and they're gonna grow in scope. And, and they're gonna ranch up in pressure as, uh, that clock ticks down from 490, 449 days, uh, as we get closer to zero, there's gonna be more pressure. Thank you. There's nothing further. We'll proceed. Madam Clerk. Ordinance Number 23, an ordinance accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction in the amount of $13,146,557.19 for the Lexington Streetscape Phase 1 Improvement, South Limestone Street for the Department of Public Works and Development. ... authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with LM Asphalt Partners Limited, doing business as ATS Construction, related to the bid and appropriating funds in the amount of $14,260,916, pursuant to schedule number 29. Hold on a second. That's definitely out of order. Number 24. Now we got it going. An ordinance authorizing and directing the mayor on behalf of the Irvin County government to accept a grant from the Kentucky Energy and Environment Cabinet, which grant funds are in the amount of $14,035 Commonwealth of Kentucky funds under the Kentucky Recycling and Household Hazardous Waste Gra- Grant Program are for the support of a partnership with Lexington Habitat for Humanity to establish a program to collect bulk and resell leftover latex based paint to generate revenue and reduce hazardous landfill bound waste, the acceptance of which obligates the Irvin County government for the expenditure of $4,678 as a local match to be provided in kind by Lexington Habitat for Humanity, appropriating funds pursuant to schedule number 30 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 25. An ordinance authorizing and directing the mayor on behalf of the Irvin County government to accept a grant from the Kentucky Energy and Environment Cab- Cabinet, which grant funds are in the amount of $113,154 Commonwealth of Kentucky Funds under the Kentucky Household Hazardous Waste Management Grant Program are for the support of a one day household hazardous waste recycling event, the acceptance of which obligates the Irvin County government for the expenditure of $29,481 as a local match, appropriating funds pursuant to schedule number 31 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 26, an ordinance amending cer- certain of the budgets of the Lexington-Fayette Urban County Government to reflect req- requirements for funds in the amount of $12,000 for animal control and appropriating and reappropriating funds schedule number 32. Thank you very much. If there are no motions will proceed. Councilmember Blues. Thank you, Mayor. I, uh, would like to move to suspend the rules so that we should give a second reading to number 12, and doing so would enable the administration to move forward on, uh, making appointments to the, uh -- I'm sorry, I lost most of what you said there for some reason or another. You said you moved to suspend the rules to give second reading to number 12? Number 12. All right. I have a motion and a second to suspend the rules to give second reading to item number 12. Uh, are there any other motions? Then, um, seeing none, we'll proceed to vote. Those in favor of giving second reading to item number 12, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 12. An ordinance creating Article 44 of Chapter Two of the Code of Ordinances of Lexington-Fayette Urban County Government to create the Corridors Commission. Sorry. Thank you. Is there a motion to approve? So moved. So moved. Councilmember Meyers has moved to approve. Councilmember Lane, I think, seconded that motion. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving, uh, ordinance number 12, please indicate by voting aye electronically. Those opposed vote nay electronically. Madam Clerk, please call the roll. Mr. Ellinger. Yes. Miss Feigel. Yes. Miss Gorton. Yes. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennit. Yes, ma'am. Mr. Beard. Aye. And Mr. Blues. Yes. Thank you. Thank you very much. That ordinance is approved. Madam Clerk, if you would give second reading to ordinances entitled a second reading. Resolution number one. We have, uh, uh, Councilmember Lane. Uh, at our, um, you know, earlier, our meeting earlier this week, uh, Shay Raybill was going to provide some financial information on the financing and operating cost for the Lyric, and I wondered if she could present that information at this time. Mike, could you put that on the overhead while you're at it? I think I might want Mike Webb to come up here. He does a nice job addressing the, uh, council. Mike still around? Just kidding. He's putting it up on the overhead. That was a little humor? That was a little humor. I'm trying to lighten the mood. Ha ha. All right. Uh, those numbers are up. Um, do you wanna just explain those numbers? And maybe they can blow up the, the numbers where you can see them better. Sure. The question, um, Councilmember Lane asked was, how much was this going to cost the government over a 20-year period. And so, uh, I'll c- I'll just... You should all have received this memo earlier today. Uh- Um, I'll go through a couple different scenarios. Assuming that Urban County Government bonds, sales bonds, municipal bonds for $6 million at a 20-year period, um, with a estimated debt service payment of 450,000 a year, over a 20-year period, that's gonna cost Urban County Government $9 million. That assumes that we do not refinance to a lower rate sometime along that 20-year period, and it also assumes that we actually sell $6 million in bonds as opposed to over the next six months, if we're able to come up with, um, any financing alternatives that might be able to lower the amount that Urban County Government would have to bond. But so a $6 million bond would ultimately cost Urban County Government $9 million over a 20-year period. Then if you see here, um, in the, the chart, it's a five-year, um, summary of the cost to Urban County Government. You see columns one, two, three, four, and five. Those represent the years. The rows, the first one is debt service payment, the second one is the operating we're recommending be given to the, uh, Lyric. You can see that it goes down from year one to five, and then the occu- occupancy subsidy, um, recommended to stay the same, but that could fluctuate as well. The bottom row is the total cost to Urban County Government each year. For example, year one, it would cost $744,510 approximately. Um, so, if you add all that up, in the first five years, Urban County Government, assuming these numbers stay the way they are, Urban County Government will have spent about $3.5 million in five years. Um, then after five years, it's on the second page of the memo, on the backside, it's really up to Urban County Government to decide how we wanna proceed. First, I mean, you can decide at any point budget year to budget year, but assuming you take the recommendation and the business plan for the first five years, year six onward, if Urban County Government decides to go with the fifth year, um, level, which is a $75,000 allocation to the Lyric plus the occupancy subsidy, um, and you do that until 20 years out, it will, the total cost will be about $13.6 million over a 20-year period from Urban County Government. If Urban County Government in year 6 through 20 decides not to give any more money to the Lyric other than to continue to pay the debt service on the building we own, the total cost to Urban County Government over a 20-year period would be about 10.3 million. I hope I summed that up in a concise way. That was good. Very good. All right, I wanted to follow up on that. The operating and occupancy cost estimates are in your, your business plan, but we're not approving those amounts this evening. We're only, uh, basically would be approving the construction of the building. That's correct. And the, I guess, the bond of 6 million has already been authorized to reimburse for the construction- Correct. ... of the building. So that's what we're voting on this evening. Right. Do you, um... There's something, I, I addressed a few issues I had concerns about at our last meeting. I just wanted to touch on a couple of those and see if you have any new input on that. The first question related to the cost, are you reasonably confident that within the budgets that you presented, the $6 million, that we'll, we'll be able to, um, have all the necessary funds to complete the, the Lyric without having to come back to council for more funding? The a- the construction in the 6 million? For the construction, right. Mm-hmm. I am confident with the, uh, 5% construction contingency that's in place there. Okay. All right, the other, uh, issue that I brought up the other night is the management of the Lyric and there needs to be a board of directors. And, you know, I was hoping that we would have the board before we approve the construction. That has been a concern that I've had. Have you been able to address that since our last meeting, and do you have a plan of how you wanna address the board, when you're gonna recruit it, and when you would have that completed? Well, there's been... I've heard several opinions from various council members and from other members of the work group, and I do not have a board to present to you today. The plan would be over the, uh, summer break to put together a board to bring back to the council for the council's approval, um, upon your return, assuming the council decides that they do indeed want to have the mayor appoint a board initially and have the council confirm it, and then it would roll over to be an independent board that would, um, make its own appointments. Okay. Well, do you have a contingency plan if you're unable to recruit the people we need on the board to operate the Lyric, too? What would be our plan then? I h- Well, first of all, I think it would be highly unlikely that we could not find good qualified people to serve on the board. I, I'm, I am absolutely confident we will be able to find good qualified people that everyone would be proud of to serve on the board. If we don't, Urban County Government, um, you know, I guess we could assume the management. We could do an RFP. We could find another management company that might be interested, just like the Kentucky Theater does. ... but I have no doubt whatsoever that we will be able to put together a board of professionals that will, uh, take on the Lyric and make it be what we all know it can be. All right, and my next question's on the parking. Uh, do you feel that we're gonna need any additional funding for putting in parking lots or have you got any new information on that since our last m- last meeting that we had? Um, I've got a little bit of additional... additional information. I, I feel fairly comfortable with the costs that were in the business plan. I can't say that they're 100% accurate, because I just can't make those predictions. Um, but one piece of information that's important, I did confirm with the University of Kentucky that the clinic lot, um, that they would be willing to let us use that in the evenings and weekends. I do not have anything in writing to show you today, but I have spoken with Bob Wiseman, I think many of you know Bob, and they would be very much willing to sit down and negotiate something where we'd probably pay a dollar a lease a year with them. Um, we are exploring some possibilities, I don't wanna say too much about this, but, um, with the Department of Environmental Quality, we are looking at doing some demonstration projects for pervious surface lots, and there might be some potential to partner with some local vendors and that might lower the cost a little bit as well. Okay. All right, and my, my last, uh, question, I'm, I'm not trying to grill you, but I think this is educational for the council is, with regard to the design of the building, I know that there's been some discussion about maybe making some modifications so that the mission that was refined during the workforce could be better addressed. Have you got any update on that? I might ask, um, Susan Hill, I'll try to address it, but, um, let me, let me try to address it. Some of the design elements had to do specifically with the theater space, the stage, um, and what types of performances could actually happen on the stage. As we all know, there is no fly space, so you're not gonna see Peter Pan flying over and you're not gonna have sets that change. The opera house can accommodate that. Um, but in conversations with Dr. McCorvey and Susan Hill, I think that they have... that they have talked about some adjustments that might add a little bit of additional room to the stage itself that would allow for more theatrical performances. And then there are the curtains, um, available where people can hide behind and make their entrances available. And then, depending on the cost we have, um, the mon- the funds we have left over, we could add, um, I don't know what the technical term is, some kind of... Can you help me with that? I'm gonna bring up the expert now. I've gone as far as I can. Dr. McCorvey and I had gone over very, uh, thoroughly the different kinds of performances that could access onto the stage and what is included in the project at this point. And one of his concerns was to be able to have more, uh, more multiple ways of accessing stage right, and on that side of the stage is where our wheelchair accessibility lift is. Um, I provided to him layouts to be able to switch that to the other side of the stage, which opens up that area. Um, there are also, because the catwalks we have, there are ways for us to be able to suspend additional drapes, uh, hard panels to be able to change, move the proscenium out, uh, to be able to add drapes so that more access can be made from that stage right. I think I'm covering everything so far. Uh, we feel that there... that, uh, all of those at this point are imminently doable. The change of the wheelchair lift to the other side of the stage does involve coordination of structure and electric and such now that we've bid the project, but we will be asking our contractor as soon as it's approved for us to move forward to take a look at that and see if there's any additional cost or whether it's more of a coordination issue. Okay. Thank you. Um, Ms. Raybold, that's pretty much covers my questions. I, you know, I just wanted you to address these, let the council be fully knowledgeable about all the, uh, things that are pending. And, you know, as I said, I have reservation about having too much pending and trying to rush forward and not having all the T's crossed and the I's dotted. Um, but there may be some other people that have questions, but that's all I have. Thank you very much. Council member Beard. Thank you, Mayor. Uh, Shai. Yes, sir. I'm sorry to do this to you, but I... I partially did Tuesday and I just wanna complete the, the picture, I guess. Um, the question as we discussed three months ago or so concerning a $6 million construction budget, $1 million that had been expended prior to this time over the past many years and 2.9 million, which surfaced about four hours before that meeting. And, um, then yesterday... or pardon me, Tuesday, I asked the question about what happened to the $2.9 million and... Nothing. And you... Actually, I, I just didn't feel like I got a, a complete answer. You mentioned a $25,000 projector, um, and that you would furnish with surplus and, uh, retired furniture from the city and things of that sort- I personally don't want this to be a second class operation because of the 2.9 million number. Now maybe it's not 2.9 million, maybe it's 1.9 million or maybe it's .9 million, but I know it isn't $25,000. Let's just put it that way and I'm just concerned what happened to the 2.9 million. Either we were wrong then or we're wrong now. One of the two and I'd just like to have that clarified. Well, let me begin by saying I did not put together that $8.9 million estimate several years ago. And one of the things I know that, and I don't have the document in front of me. One of the things I know is that the construction cost, I think they were, it was estimated to be more than six million on the sheet you saw. Mm-hmm. So we've been able to get a much better rate and with the help of Susan and the work group, we went through and made sure the numbers we were proposing were as accurate as possible. Some of the numbers that were included in that 8.9 or whatever the number may have been estimate, we made part of our bid such as the theater seating and the lighting and other components that were wrapped into the 5.5 million number. So without having that to go through line by line, I can't tell you exactly what's changed, but I'm very confident in the numbers we presented because we know what the construction cost is, we know what components are included and then we know what's not included and what those costs are, and that's about $150,000 additional cost for the equipment and foot up. And Susan, you may be able to, I don't know if you have anything else to add. There's no doubt that in receiving bids, the project benefited enormously, uh, from the current marketplace. That the numbers you're referring to not only were at a very high point in construction, but they also had an inflation factor in because the rate at which construction was inflating at that particular point in time. Mm-hmm. We had eight bids. They were highly competitive. We broke out numerous items to be at alternates and there was in, there was great interest, uh, in the local market in this project from both contractors and subs and the city benefited from remarkably excellent pricing. So essentially what you're saying was we were, we were wrong. We jointly, collectively were wrong then. Well, I'm just saying that the estimate was high and the estimate was reflective of a market that was, uh, expanding at that time and the market took a completely different direction and we really did benefit from that. Well, I just want to be sure we don't shortchange ourselves. There's no sense in spending $6 million and having a, uh, a half a loaf presented. Let's go ahead and do it right. And, uh, uh, it's been what, 16 years now? It depends on, uh, depends on who you ask. Well, I understand that, but, uh... Well, we certainly agree with you and, you know, um, even the, you know, various people who've spoken before you, and I remember Susan saying this before, this is not the cream of the crop building, you know. This is done very well, but it's not extravagant. Um, I can't get into the... you know, I don't want to get into the details of what was cut out, but one example, for exam- for instance, is, um, we were thinking about having an old-fashioned reel projector and that's over $100,000. We decided that wasn't necessary. We didn't want to compete with the Kentucky Theater and if you have that type of reel, the fire code requires stronger codes or regulations. We didn't need that, so there were a couple, there was also, I think, a freight elevator that we decided it, we did not need for the size of the building. We changed it to a service elevator. That saved another several tens of thousands of dollars. I'm sure, yeah. So that's how we reduced the cost of the actual building plus the, the great bids we got. Well, I know that like with the reel, uh, projector, you have to have two of them. That, that, that's the case because they... Right. You know, they flip-flop back and forth and somebody has to change the reels obviously. Well, I just wanted to be sure that, uh, we were on the, on the right course. Yes. Because I don't want somebody to come back and say, "See, you all made a mistake." And, uh... Well, this is the best effort we possibly could. I, I, nobody wants for anyone to come back years from now and say that so-and-so made a mistake and I don't want my name associated with something that was a mistake and I think that this project is as, is as good as it can be. It's going to be great and the numbers are as accurate as they can be given the fact that most of them are estimates. Well, I understand. Yeah. Something could change in- Right. ... materials or anything else and there'll be Monday morning quarterbacks, I'm sure. Right. But I just wanted to be sure we've done our best. Yes. A- a- as of tonight, because we're going to vote on it tonight. Yes, thank you. Thank you very much. Thank you, Mayor. Council Member Myers. Thank you, Mayor. Uh, thank you, Shea, for coming in this evening. I just have a, maybe one or two quick questions for you. And I know you're probably not going to have the answer for it, but on Tuesday you spoke about $4 million cash that we put in as a government to, um, downtown Lexi- Downtown Arts Center. Correct. Um... Do we know how much that building will cost us over a 20-year period, like we're looking at this building costing over a 20-year period? What do you mean, how much it will cost us? Did we bond any of the, any work there? We di- ... To my knowledge, we did not bond any of the work there, so there's no annual debt service payment associated. That was, uh, almost 10 years ago when the city was seeing much higher, uh, revenue coming in. And so we had the cash available. We did several projects cash. So it would, i- ... Basically, this project now, six million dollar bond, would be like if we did the downtown arts center 10 years ago, four million dollar bond. But we didn't. We paid cash. And if we've got six million to pay cash for The Lyric, we'll take it. But I don't think we do. Okay. Thank you. Council member Lawless. Thank you. Because this is the only opportunity I'm gonna have to speak on this, I think we've had a zillion questions and a ka- trillion answers over and over again, please let's get this read and vote on it. Thank the Lord. Council member Figal. Thank you, Mayor. Several weeks ago, um, an item came before this council in my district and it was a sidewalk issue. Doesn't sound like much compared to a theater, but it was, uh, a budget item which we really didn't know what the final cost would be. And I voted against that sidewalk, even though it was in my district, because we didn't know what implications that would have for the budget on an ongoing basis. We didn't have the choices right in front of us to make. And that concerns me. I know that this is a project that has been promised for many years by many councils, and I regret that they didn't have the courage to do this project when times were good. Unfortunately, they've waited until probably the worst economic time in my lifetime to hand this to us to make decisions. This project will cost the city $750,000 every year. This could preclude all other art spending, not to mention additional firefighters, police officers, uh, street resurfacing, and I have to take all those things into account. This is not a decision I make easily. I wi- I would like nothing better than to say yes to this vote, but strictly on a budgetary concerns, I can't do that. I would be delighted to do it on a phased in basis, so that we could pace our spending with our financial situation. But this plan that's before us tonight doesn't give us that option. We have to vote on it tonight, knowing that this could cost us three quarters of a million dollars every year for possibly 20 years. And for those concerns, I regret that I cannot support this issue, and I apologize to you for that, I apologize for the many years that you've had this promised to you, and unfortunately, I just feel like in these economic times, we have to all tighten our belts, and this is one of those things where I have to say, I can't promise that future councils will be able to manage a $750,000 line item on the budget without cutting necessary services to the city. So, I, I'm sorry that I can't support the project. Thank you. Does any other council member wish to address the matter? Mayor. Council member James. Can I ask that we have a separate vote for The Lyric? We can- Me too. ... and when we get to the, uh, closing, we'll entertain a motion to that effect. Madame Clerk. Resolution number one, a resolution accepting the bid of Denham-Blythe Company Incorporated in the amount of $5,560,322.66 for The Lyric Theatre renovation and addition for the Mayor's office and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Denham-Blythe Company Incorporated related to the bid. Number two, a resolution accepting the bid of Pedal Power Bike Shop Incorporated, establishing a price contract for leased bicycles for the Division of Police. Number three, a resolution accepting the bid of Pathmaster Incorporated, establishing a price contract for illuminated street signs for the Division of Traffic Engineering. Number four, a resolution accepting the bids of KLI Auto Parts, Republic Diesel, Powertrain of Kentucky, Fleet Pride Worldwide Equipment, and Applied Industrial Technologies Incorporated, establishing price contracts for filters for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Schroeder Construction in the amount of $356,416 for the pump station upgrade at Haley Pike Landfill for the Department of Environmental Quality, and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Schroeder Construction related to the bid. Number six, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one of the design services contract with CDP Engineers Incorporated for the Radcliff Road drainage project in order to meet the economic stimulus funding requirements for the Kentucky Infrastructure Authority, increasing the contract price by the sum of $8,000, from $43,500 to $51,500. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one of the contract with G&G Paving and Construction Incorporated for Valley Park parking renovation, increasing the contract price by the sum of $3,600, from $37,100 to $40,700. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute lease with MES Enterprises LLC for the lease of space for Project Synergy at a cost not to exceed $49,725. Number nine, a resolution amending section one of Resolution Number thir- 322-2008, which authorized and directed the mayor on behalf of the Urban County Government to execute an amendment to the agreement with the Georgetown Neighborhood Association, decreasing the allocation from $5,000 to $22,980 and reflecting a change in the use of the funds from sidewalk repair in ??? Park to ceiling tile installation in the community center at no additional cost to the Urban County Government. Number 10, 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 from the Edna Ray Kerns Estate for the property located at 463 Shawnee Avenue for Phase 3C of the Meadows North and Arlington Neighborhood Improvement Project, and authorize the payment in the amount of $100 plus usual and appropriate closing costs. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from the Kentucky Divisions of... Kentucky's Division of Emergency Management and the Jessamine County Emergency Management Agency of batteries, monitors, wristbands, and medical bags for use at the Division of Fire and Emergency Services and the Division of Emergency Nine- Management 911 at no cost to the Urban County Government. Number 12, a... a resolution amending Section 2C of the Resolution Number 350-2009 to change the reference to 372 Glen Arvin Avenue to thir- 372 1/2 Glen Arvin Avenue, effective retroactive to May 14, 2009. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the Plan Management Agreement and the Stop-Loss Policy with Humana Insurance Company for the administration of healthcare claims for the period of January 1, 2009 through December 31, 2009. Number 14, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the US Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $46,550 federal funds and are for the purchase of bulletproof vests for the Division of Police, the Division of Fire and Emergency Services, and the Fayette County Sheriff's Office. Number 15, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a statement of compliance with the Commonwealth of Kentucky Transportation Cabinet for bridge posting requirements. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two final to the contract with W. Rogers Company for the North Elkhorn Pump Station Project, increasing the contrac' price by the sum of $56,289.95 from $4,077,710 to $4,133,999.95. Number 17, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an engineering services agreement with Stantec Consulting Services Incorporated for sanitary sewer assessment groups two and three field activities at a cost not to exceed $599,200. Number 18, a resolution suspending the voting power of the Corridors Committee until such time as the Urban County Council by ordinance establishes the Corridors Commission. Number 19, a resolution adopting the Downtown Lexington Master Plan as a conceptual plan. Thank you, Madam Clerk. Uh, Council Member James, I think you said you wanted to make a motion to approve the LYRIC separately, so a motion to approve item number 20. Excuse me, uh, one. So moved. Second. Have a motion and second to approve item number one. Any further discussion on that issue? Those then in favor of approving item number one, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger. Miss Feigl. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. I have a point of order, Mayor. Are we voting to approve this item or mode... or voting to separate it? Voting to approve it. Okay. The only motion that was made was to approve item number one. Okay. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. And Mr. Blues. Yes. Thank you. Thank you very much. Let me, um, say to those of you who have worked very, very hard for many, many years, congratulations on job well done, and thank you for being here tonight. Uh, motion to approve items two through 19 would now be in order. Have a motion by Council Member Blues and a second by Council Member Meyers to approve items two through 19. Any discussion? Those in favor, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger. Miss, Miss Feigl. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. And Mr. Blues. Yes. Thank you. Thank you. Those resolutions are approved. Madam Clerk, if you would give first reading to the resolutions entitled to first reading. Resolution number 20, a resolution accepting the bid of ZKB Construction Services LLC in an amount of 17,350 dollars for the roof installation at Tates Creek Community Center for the Division of Parks and Recreation authorizing and directing the mayor on behalf of the Irvine County Government to execute an agreement with ZKB Construction Services LLC related to the bid. 21, a resolution accepting the bid of the Allen... of Allen Brothers Construction Incorporated in the amount of 19,200 dollars for roof replacement Jordan Building for the Division of Fire and Emergency Services. Number 22, a resolutions ratifying the probationary civil service appointments of Dan Detman, environmental compliance coordinator, grade 119E200289 28 biweekly in the Division of Environmental Policy effective July 6th, 2009. Gregory Schaffer, public service worker, grade 106N13.287 hourly in the Division of Water Quality effective July 6th, 2009. Approving leaves of absence for Pamela Moses, personnel record supervisor, grade 114EM, the Division of Police request 90-day council-approved leave without pay from June 17th, 2009 to September 14th, 2009. Ardona Angel, telecommunicator senior, grade 113N in the Division of Environmental Emergen- Emergent- Division of Emergency Management 911 request 90-day council-approved leave without pay from June 8th to June 28th, 2009 through September 25th, 2009. Approving the unclassified civil service appointments of Anthony Snowden, security officer, grade 106N11.161 hourly in the Department of General Services effective June 29, 2009. 23, a resolution authorizing and directing the mayor on be- the fire chief and the director, Division of Emergency Management 911 on behalf of the Irvine County Government and pursuant to KRS Chapter 3- 39F to execute a statement of affiliation pertaining to the establishment and designation of the Irvine County Government's Division of Fire and Emergency Services Special Operations Technical Rescue Team as the recognized rescue squad for Fayette County at no cost to the Irvine County Government. 24, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute an agreement with the Board of Trustees of the Lexington Public Library to provide a part-time staff position to serve as a community development coordinator at Gainesway Community Center at no cost to the Irvine County Government. 25, a resolution p- pursuant to Section 2116B of the Code of Ordinance approving the continuation of the acting assignment pay increase of greater than 10% for Mary Fister, Director of Accounting, who will also be serving as the Direct- Acting Director of Budgeting effective July 1, 2009. Number 26, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a site access, access agreement with ATC Associates, Inc. and Verizon South, Inc. for access to Shillito Park for limited subsurface investigation at no cost to the Irvine County Government. 27, a resolution authorizing and directing the mayor on behalf of the Irvine Government to execute an agreement with Kentucky American Water Company for the billing, accounting, and collecting of the water quality management fee at a cost not to exceed 36.23 cents per month for each account billed, to be adjusted by the CPI-U on July 1, 2011. 28, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute and submit a grant application to the Kentucky Division of Emergency Management and to provide any additional information requested in connection with this current application, which grant funds are in the amount of $775,968.75 federal funds. And $124,155 commonwealth of Kentucky funds under the Federal Emergency Management Agency's Hazard Mitigation Grant Program, and are for the acquisition and demolition of seven residential properties in the Fort Sumter Gale Drive area and the Parkside Chanden Cabot Drive area. Number 29, a resolution accepting the bid of Schroeder Construction Incorporated est- in the amount of $356,460 for the Haley Pike Landfill Leachate Pump Station upgrade for the Division of Waste Management and authorizing and directing the mayor on behalf of the Irvine County Government to execute a contract agreement with Schroeder Construction Incorporated related to the bid. Number 30, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a certificate of consideration and to accept the deed for the property located at 142 Northwood Drive from James and Pamela Hopkins for the Northwood Drive Stormwater Project and authorize the payment in the amount of $114,200 plus usual and appropriate closing costs. Number 31, a resolution accepting the bid of Bluegrass Pride Incorporated in the amount of $562,234 for the Environmental Public Education Program for the Department of Environmental Quality, and authorizing and directing the mayor on behalf of the Irvine County Government to execute an agreement with Bluegrass Pride Incorporated related to the bid. 32, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a mutual aid agreement with Lexington-Fayette Irvine County Airport Board for mutual aid at no cost to the Irvine County Government. Number 33, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to accept a ro- uh, Remotec Incorporated as a sole source provider of Andros Hazardous Duty robot systems, including radio systems related to upgrades, accessories, parts, training, refurbishments, and service. Number 34, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to accept a donation from Friends of Raven Run at 500,000 dollars for use at the construction of the new Raven Run Nature Sanctuary and Visitor Center at no cost to the Irvine County Government. Number 35, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute an authorization of CellCo Partnership for a site survey at Castlewood Park at no cost to the Irvine County Government. Number 36, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a purchase of service agreement with Urban League of Lexington Fayette County for supportive initiatives designed to enable African-Americans and disadvantaged citizens to achieve social and economic quality at a cost not to exceed $66,500. ... 37, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a purchase of service agreement with Road to Homeownership Incorporated for the provision of educational programs to economically disadvantaged and low- to moderate-income families at a cost not to exceed $32,060. And 38, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with the Lexington-Fayette Irvin County Human Rights Commission and for purchase of services for FY2010 at a cost not to exceed $180,500. Thank you, Madam Clerk. Are there any motions? Council Member McCord? Uh, thank you, Mayor. I'd like to, uh, ask that we suspend the rules and give second reading to number 26, 31. Oh, you have a motion? I'm sorry. Ther- there's a walk-on. Le- let me... Uh, I'm sorry, I got 26. Uh, there's a walk-on. I'm sorry. We'll entertain the walk-on. Council Member Stennett. Thank you, Mayor. I passed out a walk-on earlier. This is in regards to the Beverly Avenue sanitary sewer project that affects 40 homes in my district. So therefore, I move to place on the docket a resolution authorizing and directing the Department of Law to institute conde- condemnation proceedings in Fayette Circuit Court to obtain a permanent sanitary sewer and construction easements across the property located at 168 Beverly Avenue for the Beverly Avenue sanitary sewer project. So moved. Second. I have a motion and second to, uh, amend the docket to add the item just identified by Council Member, uh, Stennett. Any discussion? All in favor of adding that item to the docket for first reading, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Thank you, Mayor. Resolution number 39. A resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 168 Beverly Avenue for the Beverly Avenue sanitary sewer project. Now, Council Member McCord. Thank you, Mayor. Uh, I ask that we suspend the rules for number 26, 31, and 34, please. Um, is there a second? Second. I have a second by Council Member Ellinger. Are there any additions? Seeing none, we'll proceed to vote. Those in favor of suspending the rules for purposes of giving second reading to items number 26, 31, and 34, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Number 26, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a site access agreement with ATC Associates Incorporated and Vi- Verizon South Incorporated for access to Shillito Park for a limited subsurface investigation at no cost to the Irvin County government. Number 31, a resolution accepting the bid of Bluegrass Pride Incorporated in the amount of $562,234 for the Environmental Public Education Program for the Department of Environmental Quality and authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Bluegrass Pride Incorporated related to the bid. And number 34, a resolution authorizing and directing the mayor on behalf of the Irvin County government to accept a donation of, from Friends of Raven Run, of $500,000 for use at the construction of the new Raven Run Nature Sanctuary and Visitor Center at no cost to the Irvin County government. Thank you. Floor is open for non, for a motion to approve those three resolutions. Move to adopt. Council Member McCord has moved the adoption of those three resolutions. Council Member Stennett 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 oppose, vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger. Yes. Ms. Figal. Ms. Gorton. Yes. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. And Mr. Blues. Yes. Thank you. Thank you. Those resolutions are, uh, those resolutions are approved unanimously. Um, that takes us down to item seven on the agenda, which is announcements. Does any member have an announcement? Ma- Council Member James, and then Council Member Blues. Thank you, Mayor. Um, I did want... I passed around to council members, um, the notice of the East End Smart Shelter dedication on August the 2nd. That's on a Sunday. This is the art shelter, um, similar to the Art In Motion bus shelter, um, that was the bottle stop that was out on Versailles Road. This is a combination project of, um, a collaborative project between the Knight Foundation, Irvin County Government, Art In Motion, which is a nonprofit, a private firm that, that did their work at a reduced rate, um, and Lex Tran, who offered what they would normally give for the pad for their shelter. And, um, thanks to those five entities coming together, the picture that you see, um, is the shelter that is being built at this moment, um, at the corner of Elm and 3rd Street. It's pretty phenomenal, um, and I hope that you'll jo- join us on August the 2nd at three o'clock for this dedication, and, um, I think you'll enjoy it when you see it. Thank you. Thank you. Council Member Blues. Thank you, Mayor. Uh, I just want to, uh, to announce that, uh, on, uh, on Saturday, April the 2nd, uh... Council Member McCord and I will, will, uh, will both participate for the 29th straight year in the Blue Grass 10,000. Council Member McCord was 12 years old at that time. I was 15. Uh, and of course, I've, I have come in ahead of him every time. I, well, I, I try to be modest about, about this and- ... Council Member McCord, I, I think it's just gonna happen. Again, it's destiny, it's fate. And I wonder if any of our colleagues will be joining us on Saturday morning. If, if you- See you at the finish line. ... if I, if I, if I bring a wagon, will you pull me? I think that gives him too great a handicap. Thank you. Council Member McCord? Thank you, Mayor. I wanted to wish everybody a Happy Fourth of July, and, and, uh, certainly appreciate the, the freedoms that we have in this country. And, and as Council Member Blue said, you know, for the last, uh, number of years, we've, we've participated in, in Fourth of July activities. And it's not until you get on this side of, uh, government though, that you realize how many people, uh, on that particular day inside this government work, uh, exceedingly hard to make all that happen. So in advance of that, Mayor, I wanna thank you and all your staff, but all, all the folks from police and fire and, and public works, and, uh, the folks in streets and roads, everybody, uh, it is an inordinate amount of energy that, uh, that goes from dawn till, till dark. And, uh, a lot of those folks are unsung, and so I, I wanna say how much I appreciate all those folks, uh, personally. But I would ask that folks this year, uh, that are down there for whatever, uh, part of the festivities you partake in, recognize, uh, and, and possibly thank those LFUCG employees that are, are out there working. Because it is an exceedingly difficult day for them and their families and so forth. So I certainly appreciate it, Mayor, thank you in advance for all that your, your team does. That is very well-said, and, and I don't wanna try to improve upon it very much. A couple of things might be noteworthy additions. Uh, Penny Ebel has been leading the charge and has done a magnificent job, and I'm, I'm very pleased with the way things have shaped up to this point. Uh, so I wanna say thanks to her. Second, I would just elaborate by saying one of the nice things about this is it gives a lot of people in Urban County Government an opportunity to work together who don't normally work together. And that's a good thing for this organization, and, uh, I'm looking forward to the next couple of days. It will be fun. Council Member Martin? Thank you, Mayor. I wanna invite everybody, uh, to join the Lexington Singers and the Lexington Philharmonic, uh, Friday evening at 8:00 PM at Transylvania University. Uh, this is my first year singing with the Lexington Singers, and, uh, but I, I was on the, uh, Philharmonic Board for six years. This is gonna be a wonderful concert. Uh, the singers are led by Jeffrey Johnson and the Lexington Philharmonic are led by our new conductor, um, Scott Terrell. And so it's gonna be a terrific concert. Get there early to get a good seat, and we'll see you Friday night at 8:00 PM at Transylvania University. Thank you, Mayor. Thank, thank you. Three, three, three. It's like a song. Well, Mayor, I, I should interject that, um, Council Member Gordon and I are extremely disappointed we couldn't do the Thriller dance with everybody on the courthouse floor. We, we happen to have a dance floor here in front of- Thank you, Mayor. That would be out of order, I suppose. Um, anything further in the way of announcements? Very well. I understand we have a disciplinary matter. Commander Henderson? Good evening. Um, this is an agreement of conformity involving an allegation against one of our police officers. His name is Gary M. Thurman. Uh, he committed the offense of use of force in violation of Kentucky Revised Statute 95.450, and the Lexington Division of Police, uh, one of our general order 732H Section 1.23 Use of Force. The offense occurred the 29th of March 2009. Recommendation was made to Officer Thurman for four months suspension without pay. Uh, it was voluntary accepted by Officer Thurman and it's been presented to the council for approval. I have a motion by Council Member Myers and a second by Council Member Gordon to approve the recommended dis- discipline. Is there any discussion? All in favor then, please say aye. Aye. Oppose, no? Motion carries. Thank you, Commander. Are there any public comments? Seeing none, we'll entertain a motion to adjourn. So moved. Council Member Ellinger has moved to adjourn. Council Member Meyers has seconded the motion. All in favor, please say aye. Aye. All oppose, no? The motion carries.