Let's go ahead and call a meeting to order, if we could. Is there anyone here who wishes to address issues that are on today's agenda? Anyone who wishes to comment to the council? Seeing none, we'll move along. We do have a docket to approve today. Do I hear a motion? So moved. Co- Councilmember Crosby's moved to approve the docket. Councilmember Beard has seconded that motion. Any discussion? Councilmember Blues. Is it appropriate to, for a motion to, uh, place a, an item on the docket? It is. Then I shall do so now. Thank you. A motion is to place on the docket a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit an application to the Kentucky Infrastructure Authority, KIA, and to provide any additional information requested in connection with this application in the amount of $14,600,000 for low-interest loans to facilitate the Lower Cane, Lower Cane Run Pump Station, an Expansion Area 1 project. So moved. Second. Have a motion and second to amend the docket by adding that, uh, resolution. Is there any discussion? All in favor then, please say aye. Aye. All opposed, no. Motion carries. Any further discussion? Councilmember James. I'm sorry. I'll pick up the list. Go, go- Thank you. Oh, Councilman Lane, is he marked as well? That's all right. Okay. Um, I also have, um, an addition to the docket. Uh, um, this is based on the vote we had last week for the Lyric Theatre. I move that a budget amendment for the Lyric Theatre Project in the amount of six million in the fiscal year 2009 Bond Projects Fund be added to the July 7th, 2009 council meeting docket for first reading. This budget amendment provides funds for the construction-related expenses for the Lyric Theatre Project. Thank you. Do I hear a second? Second. Have a second by Councilmember Lane. Any discussion? All then in favor of amending the docket to add that item, please indicate by saying aye. Aye. Opposed, no. Motion carries. Councilmember Lane. Thank you, Mayor. Uh, I move a budget amendment to provide funds for open purchase orders in fiscal year 2009, selected by the Division of Purchasing, for rolling over into fiscal year '10 budget, be added to the July 7, 2009 council meeting docket, first reading. This budget amendment provides funds for purchase orders that were either specifically approved by council, contain claims accounts, or are for ongoing construction or professional services projects. So moved. Second. Have a motion by Councilmember Lane, second by Councilmember Beard to amend the docket as indicated. Any discussion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Anything further? Then we're ready to vote on the motion to approve the docket as now amended. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. We have the June 30 summary to approve. Do I hear a motion? So moved. And a second? Second. Have a motion by Councilmember, uh, Blues, second by Councilmember Hinson to approve the June 30 summary. Any discussion? All in favor then, please say aye. Aye. Opposed, no. The motion carries. We have some budget amendments today. Do I hear a motion to approve them? Moved. Have a motion by Councilmember Stennet, second by Councilmember Hinson to approve the budget amendments. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. We're now down to the new business items. Floor is open for a motion. So moved. Councilmember Blue- uh, Beard has, uh, moved approval of the new business items. Councilmember Lane has seconded that motion. Any discussion? All then in favor, please say aye. Aye. Opposed, no. Motion carries. Takes us down now to our presentations. The first, uh, will come from Intergovernmental Committee. Councilmember James. Thank you, Mayor. Um, the Special Intergovernmental Committee, um- ... summary is included in your packet, pages 25 through 26. Just a brief overview, there were no motions that came from this committee meeting. W- the issue that we discussed was the Downtown Development Authority, um, better known as DDA, and Harold Tate was there, um, as well as David Barbary with our Department of Law. And we talked about the ordinance that, um, spelled out the duties and powers of th- the DDA, um, and just went over kind of authority and what that actually meant, what their responsibilities were, how they operated. Conversation evolved, um, to several things. Um, there were council members that chimed in related to, um, what DDA's role is, what it's perceived as being, what it could be, how it's evolved over time. Um, we found out that DDA is 100% funded by Irving County government funds, so there was discussion related to, could there be additional funding streams available. And Harold Tate did present to us that his board, the DDA board, is looking at alternative funding options for the DDA. Um, we talked about the, the name of Downtown Development Authority and the fact that with it signifying downtown, um, did that mean, with it saying Downtown Development Authority, did that mean that they, their authority is only over the downtown area? And it was made clear to us that the DDA actually has authority over everything within the urban service boundary. So we talked about the effect of, um, that name and maybe potential name changes would be necessary, or looking at boundaries. Um, we talked about the connection between Downtown Development Authority and economic development, and had some conversations back and forth related to whether community development and economic development were related, and what exactly was the role of DDA, and needed some help, kinda talked about that we needed some help, um, to clarify that role. Um, overall, it seemed that there was a thought that, um, f- former council, councils, um, and maybe even administrations, um, had a different role or view of DDA as currently, that downtown was not necessarily highlighted, and, but th- that, that the downtown Lexington has now kind of risen up as a, um, pressing theme, um, for many issues related to economic development or community development or, um, anything. And th- that, that we need to, that it's been highlighted more so than in the past, and that, um, Harold Tate identified that the DDA board did recognize that, and that they were gonna be having some more discussions related to their boundaries, their roles, their funding and such. So overall, it was a very, um, um, I don't know, expressive conversation. I think we talked a lot about what our feelings were about DDA. We also had had an earlier meeting related to economic development, I think was it that same day? The Economic Development Task Force. So I think it was, um, pretty, it was a pretty involved discussion. We got a lot of things out, um, and, um, where we do, we all kind of said we appreciate and acknowledge the role of DDA, um, but we do feel like that the role needs to be clarified, boundaries, name, just putting it out there of what they are, what they do to our citizens and to us so that we understand. So there were no motions. That's all that we really talked about, Mayor, but I'd be happy to answer any questions, or council members can refer to pages 25 through 26 for more information. Thank you. Thanks. Any questions for Council Member James? Thank you very much. I'll now welcome to the podium Joan Beck, our, um, citizen's advocate, to, uh, make a special introduction. Good afternoon, ladies and gentlemen. Um, we've had a lovely guest with us today, and I've been enjoying visiting with Richard Corney, who is the local government assistant ombudsman for the District of York in the United Kingdom. I met Mr. Corney first a couple of years ago at, uh, a training conference in Iowa, and it was very interesting then, and also, um, today in our conversations to learn about, um, how different governments can be, but how similar the people are who they serve. So even though our structures are very different, it's been a, a very enlightening discussion that we've had today. Mr. Corney brought with him a copy of their annual report for '07, '08 and, um, along with some other documents that I would be happy to share with you if, uh, if any of you would care to, um, read about the kind of work that they do there. But, um, I would, at this time, invite you to welcome Mr. Corney to our city, and, uh, hope that he will continue to enjoy his stay here. Mr. Corney. Mr. Mayor, members, uh, thank you very much indeed for the invitation today. I don't really suppose that Miss Beck imagined when she said to me at that conference, "If you're ever in our area, make sure you look me up," but here I am. Um, just a little bit of history. Um, the local government ombudsman scheme in our country, um, has three ombudsmen, one in London, one in the city of Coventry in our midlands, and one in the very ancient and very beautiful city of York, uh, where I live and work. And from our office, we have oversight of the whole of the north of England, um, s- several million people, and a great number of city, district, and county authorities. We're actually the second oldest, uh, scheme in the country. The oldest is the Parliamentary Ombudsman, who is responsible for state functions, wha- what I guess you would call federal functions. Uh, that was founded in 1973. We came into being by Act of Parliament in the following year, in 1974, and we've been around ever since and hopefully for a little while longer. Our, uh, purpose, as laid down by statute, is to investigate complaints from members of the public, and that's a wide definition which includes corporate bodies as well as individuals, about what we call maladministration by local authorities. That term is used in the legislation. It's nowhere defined in the legislation, but basically, we're not an appeal body to tell elected members how to do their jobs. That's what they're elected for. It's what you're elected for. We're there just to make sure that all the proper procedures are followed, uh, and that everything that should be taken into account in a decision is taken into account. And in the last full year, uh, for which we have figures, 2007, 2008, nationally, we had something in the region of 17,000, 17 and a half thousand complaints. We're funded by national government through a department of national government, and we answer to Parliament. We place our annual report before Parliament every year. But there is no day-to-day interference by national government in what we do, uh, and therefore we can fairly claim, I think, to be pretty independent. Our jurisdiction is wide and covers most local authority functions and is about to be widened still further to include issues like social care provided by private corporations, which is gonna be a big challenge for us, and it's also going to include internal matters in schools, which at the moment is outside our jurisdiction. That's gonna be another huge area for us. And we do that with about 30 investigators in each of the three offices, uh, who are managed, but in turn by Assistant Ombudsmen, of whom I'm one. I'm often asked, "What powers do you have?" Uh, well, they're quite considerable, uh, if we need them, and thankfully, we very rarely do. We actually have the powers of the High Court of Justice. We can, through the High Court, issue a subpoena if we need to, and happily, the threat is usually quite sufficient, and it is a criminal offense in our country to obstruct the investigation by an ombudsman. Again, I don't think we've sent anybody away for it yet, but the power is there if we need it. Um, we a- make recommendations to local authorities, and we don't make enforceable findings. Some people might think that's a weakness. Our view is that it actually promotes good relations with the authorities over whom we have oversight, and well over 95% of our formal recommendations are followed by those authorities, and a great number more that are informal, uh, are also followed. The end of the day, we issue investigation reports, which are formal documents, and they're public, but they don't identify the name, uh, of the person who has made the complaint. Uh, those are sometimes picked up by the media, uh, and Joan was kind enough to bring my attention to, uh, an investigation that coincidentally I actually did, which is being picked up by the national press this week back home. So sometimes we, uh, we make a big splash. A lot of our stuff, of course, is much lower key. We also have a duty, as I said at the beginning, to promote good governance in local authorities, so we issue special reports on particular themes, uh, which are made available to authorities for guidance on how to approach particular issues which have proved problematic for us over the years. Uh, and that is seen as helpful. Uh, we also, as I explained to Jane, to, uh, Joan before this meeting, uh, provide training to local authorities on how to handle complaints, both the frontline staff, uh, and for senior officers who might be involved in the determination investigation of complaints. That training is very well received by authorities, and we're happy to say, uh, has produced actually a falloff nationally of complaints to us, which, uh, uh, is good news for us, we think. We also, uh, produce s- s-, um, specialist material for children and young people, uh, which is a developing area for us, particularly in relation to children and young people in public care, who sometimes, I'm afraid, in our country, get a pretty raw deal, uh, both in the way they're cared for and the education that's provided for them. Uh, and that's certainly a growing area for us and something that we're very happy to get into. It's been a real privilege for me to meet with Joan while I've been here to discuss the way we go about our jobs, uh, and the way it looks on the ground. There are a lot of differences, as you probably gathered from what I've said, uh, but there are also a lot of similarities, a lot of things that we recognize, and a lot of stuff that the way you run your city authorities here is really basically very similar to what I'm familiar with back home. It's just that you have more sunshine. Mr. Mayor, members, thank you very much indeed. Thank you. Thank you again for your, for your attention and for welcoming our guest to your city. Thank you. Enjoy your stay. Thank you. It's, uh, now a pleasure to welcome some of our friends from Bluegrass Pride to the podium. Um, looks like Amy Sonier is going to be the, uh, spokesperson today. Our usual push for litter is in March, but July seems to work just as well too. We had the mayor out yesterday with ash cans. Um, Bluegrass Pride, as many of you know, serves 18 counties in central Kentucky, and we, our mission is to provide resources to educate and empower the citizens to do better things towards their environment. A lot of what we do is education, but I think that sometimes we also have to do a little something heavier than education. And so what we've been doing in the last, well, in May, throughout an entire month, is we held a competition between the code enforcement and law enforcement officers in all of our 18 counties, uh, in central Kentucky to cite litter law violators. We believe that increasing enforcement of litter laws will result in a cleaner and more beautiful environment. And today, out of all of the 18 counties, we are pleased to present the James E. Bickford Award, named after one of Pride's founders, to Michael Parker of the, of LFUCG's Division of Code Enforcement. Mr. Parker issued 366 citations for litter violations in a one-month period from May, uh, from April 15th to May 15th. Um, he beat, by far, all of the other law enforcement people in all of the 18 counties. Um, Bluegrass Pride would like to thank him for his efforts to protect his community. We have Lauren Bennett from our office, from Bluegrass Pride's office, uh, and, to present the award to Mr. Parker. Mr. Parker, thank you so much for all that you did to enforce local laws. Thank you very much. I appreciate it. Thank you. Thank you all. Bluegrass Pride has been a great partner for LFUCG on a number of, uh, litter reduction efforts and we appreciate very much you being here today. Mr. King, you wanna step forward and bring our final presentation today? Thank you, Mayor and Council, in particular Council Member Stennett, for inviting us here today to, uh, have this opportunity to present the highlights of a packet of proposed changes to the zoning ordinance. And I understand that calling them proposed changes may be a, a little out of date. I understand that you all suspended the rules and gave these second reading at your last meeting, so they are, um, actually enacted changes, and that excites us very much and we thank you for that as well. Um, these are a packet of changes to the zoning ordinance recommended by the Planning Commission and others, that recommend a wide gamut of provisions in our local codes that run from relatively mundane, nuts and bolts types of requirements of the zoning ordinance that drive, uh, development in our community, to providing increased opportunities for mixed use and redevelopment of a lot of sites in the community, and providing incentives for affordable housing, and a whole lot more of, uh, of activities in between those. So, we've kinda set the stage here. You know we've made proposals for all these various changes that you're going to hear more about. They're really being made to support the big policy picture goals, that of using and reusing our urban service area land, which is finite and valuable, better than we have in the past, so that we can preserve our rural land and facilitate the development of an exciting and vibrant urban core. That's what this is all about, and these kinds of small changes make those. And as you ponder that for a minute, you have a slide montage of a recent redevelopment going from basically what was, to what was thought about, and what is now, just as an example of the kinds of things that we are trying to accomplish with these text amendments. So why are we doing this now? This is a continuation of a process. This isn't the starting point. It's another way station. Back in the early 2000s, the Urban County Council, and a lot of other folks recommitted and made a major emphasis towards refill and in-development. In 19,000 or 2002, we did the largest, uh, changes in the zoning ordinance for 20 years to support that, and more importantly, we made a commitment to the community to learn from the participants, to learn from experience, and learn from best practices and new efforts what we need to do. And we did ano- another series of changes in 2005, and we are here in 2009 with another series of changes. These were informed by those, uh, efforts that I described a minute ago, and also by a lot of renewed effort that we had with new stakeholders, such as our Infill and Redevelopment Steering Committee and a major taskforce process that it sponsored and undertook and made a lot of recommendations, our recent non-residential infill and redevelopment study, and a whole realm of smart growth planning principles that helped inform the changes that, uh, you have now enacted. Um, and my last comment before I turn the podium over is that this job is not over. This will continue, and we have already begun work on round four and expect before too long we will back to you with more ways to improve our infill and redevelopment regulatory regime. At this point, I'm going to turn the podium over, first to Jimmy Emmons, and then also to Tracy Wade from our staff, who will try to give you an overview of the highlights of these regulatory changes that you enacted. Thank you. Thank you, Chris. I'm gonna talk a little bit about mixed use first. Um, that's the most efficient thing that we can do with our urban service area land. Uh, we've had our mixed use zones since 2000, the original, uh, residential infill and redevelopment study. However, those mixed use zones were limited to just, uh, being located inside New Circle Road, uh, located along our major arterial roads, and, and essentially lands that were already commercial in nature. ... uh, the proposed amendments will expand the use, uh, the locational criteria of a mixed-use zone so that it could be requested for the entire urban service area, and also in the medium density and the high density residential land uses. What this, uh, essentially accomplishes is that we are doubling the available locations that a mixed-use zone could be requested in throughout our community. But we're not just, um, opening up where we can ask for it, uh, mixed-use zones, we're also improving those zones. For our more intense mixed-use zones, uh, along our arterial roads, we're making it easier, uh, we've increased the height along the arterial roads, we've decreased the setbacks. But it's not just the more intense ones. We also took a look at our MU-1, which is our smallest, um, mixed-use zone, uh, making it easier to request a mixed-use zone. We've added tree canopy requirements to all of our mixed-uses, and we've defined our mixed-use zones in the definitions portion of the zoning ordinance. And a lot of people don't realize, but the mixed-use zones are not the only zones that it's capable to do a mixed-use development in. Uh, we have also taken a look at our P-1 and our B-1 zones, and we have made them easier to, um, to promote mixed-uses in those existing zones. And we have also, for the first time, uh, added residential uses to our B-6P zone, which is our planned shopping center zone, so that hopefully, as our shopping centers age and they evolve into new shopping centers, that they will be able to, uh, fairly easily do a mixed-use development in those shopping centers. And now I'm gonna switch focus off of mixed-use into some of the more miscellaneous provisions that are in there. Uh, the first one, mixed-income housing, this is one that, um, what we are essentially doing is providing incentives for an affordable housing product. Uh, that product would be, uh, in the form of incentives for apartments or condominiums that the developers would provide. Our target audience in this case would be, uh, people that are between the median income and 80% of the median income, because at 80% median income, people will be able to qualify for federal assistance for affordable housing. In the, uh, and there are already bonus, and how those bonuses will work, there are already provisions in the zoning ordinance to where you can have some, uh, 10% more floor area, uh, larger development if you had extra open space over the minimum requirement. The same thing will be for a mixed-income unit. If you're providing mixed-income units as a part of your development, you can get 10% more, uh, floor area in a, in a larger development. But if you hit the jackpot and you provide both additional open space over the requirement and the mixed-income units, you can have up to a 25% more development on your site through the floor area. Uh, s- some of the things that we've titled clarifications and minor changes to the ordinance, just wanted to say that some of these minor changes actually have big effects on the ground. Uh, I'll go through those real quick. The first one being, uh, such as driveways. Inside the, the urban service area, driveways, uh, in your front yard can essentially be 50% of your front l- yard width. However, inside the infill and redevelopment area, it could only be half that at 25% of your width. That regulation worked well for a while, uh, especially for mid-blocks. But what we found was that our corner lots with a very large amount of frontage, 25% of that can still allow very large driveways, which essentially could become de facto parking lots. We are changing the regulations now so that the driveway width can be no more than ten feet inside the infill and redevelopment area, and you would have to get back to a parking area, which would be behind the building line. Few other changes, I'll go through these real quick. We're clarifying our townhouse definitions to make it, uh, easier to use in our R1-T zones. Uh, we're making provisions for sidewalks in the downtown area so that they would, uh, follow the recommendations of the newly adopted downtowns Streetscape Master Plan. I practiced saying that. Uh, we're increasing fence heights along alleys. Um, we're making it easier to subdivide properties in the R2 zone. The planning commission also, at their meeting, um, uh, voted to increase the height in the R2 zones from 28 feet to 35 feet. And one of the provisions that we're doing is for commercial infill and redevelopment. At, in the past eight or nine years, most of the, uh, most of the focus for our infill and redevelopment has been on residential. And we've taken a r- and we've taken a hard look at some of our commercial standards in, for that. And inside the infill and redevelopment area, if you have either, uh, redevelopment or, or filling in a vacant site, uh, those new buildings will have to be in line with the existing buildings that are already in the neighborhood, thereby insuring more compatibility with those neighborhoods as those properties redevelop. With that, I believe I wanna turn it over now to Miss Wade, who will talk about parking reductions and finish up our presentation. Thank you, Jimmy. Uh, the next major component of the text amendments that the planning commission forwarded, uh, have to do with parking reductions. ... in a typical -- we just wanna note, in a typical suburban development, parking can utilize up to 50 and sometimes in the neighborhood of 60% of our, of our land. So parking reductions are an important way to more efficiently use our land. And, um, one of the first changes was we looked at restaurant parking, and for the business zones, it has become clear that outdoor seating doesn't need the same parking that the indoor seating does. So the, the Planning Commission and the staff had recommended, uh, altering that to half the required, nor- normally required for indoor seating. And then in the mixed-use zones to require no parking for outdoor seating. Other changes involved with the mixed-use zones themselves made, um, the parking calculations much easier and simpler for both developers and building inspection to use. Another change is to, um, have on-street parking be counted towards the required parking in the mixed-use zones. And then the third change there would be for mixed-income units, as Mr. Inman's described, there would be no parking required. So that would be another incentive to provide mixed-income units in a development. Article 16 of the zoning ordinance involves, um, or speaks directly to general parking regulations. Two major changes there were to expand, um, where available parking reductions are allowed. Currently, bicycle racks are allowed to count towards your required parking that allows a fif- 5% reduction. That is remaining in the ordinance, but a new section to allow a reduction for proximity of a development to a s- transit stop or shelter, combined for the bicycle parking and transit stop or shelter, there would be a maximum 50 per- 15% reduction for a development. Other restrictions for that is it would only be allowed inside the infill and redevelopment area, and only in certain zones. We also, or the Planning Commission also forwarded changes to increase the flexibility of joint parking areas. The last change regarding parking reductions is to allow the Board of Adjustment to have the authority, again, to grant a variance to the minimum-required parking. The Board of Adjustment last had this ability over 25 years ago, and it was abused to some extent. We hope that this change will actually, uh, kind of focus where they can allow those, or where they can grant those variances to just inside the infill and redevelopment area, and only up to a 50% reduction of the otherwise-requirediring parking. Just a few of the benefits of the parking reductions, certainly reducing storm water runoff is at the top of the list, and also just using our land in a more efficient manner. The last major change to the text of the zoning ordinance related to the infill and redevelopment actually, uh, affects not just the IR area, but the whole urban county. And it involves Article 29, which is our Neighborhood Character Design Overlay Zone. Currently, the ND-1 zone is applicable only to residential neighborhoods or areas. And these changes will allow for non-residential or commercial areas to have an ND-1 overlay as well. And a, um, non-residential ND-1 would have the ability to either define a new character or retain the existing character. Two other small changes to the ND-1 zone would t- be declared by that the, uh, neighborhood is not the applicant, but actually just a requesting party. And then second, to delete a requirement for significant neighborhood support, and I would just note that the Planning Commission did adopt a bylaws change that helps the commission to assess both support and opposition prior to initiating a zone change, and that's the postcard mailing that we're now doing. And then the last major change to the ND-1 zone is to add three other, uh, new design standards to the existing 15, which will bring us to a total of 18. And those are for accessory dwelling units, floor area ratios, and signs to be regulated through ND-1. And I would just ... Obviously, the council's already adopted these changes, but the Planning Commission did recommend approval of all of them, and our staff is, is available to answer any specific questions that you might have. Thank you. Thank you very much, several coun- council members have indicated a desire to speak. I think Council Member Lane is from the last time around. I have you on my list, but that was from the last time around. So Council Member Stennet. Thank you, Mayor, and thank you all for bringing this, this presentation to us, that we, we passed actually last week, just so everyone knows exactly, you know, what's happening with our boundaries. The, the question I wanna make sure we emphasize is, on the infill and redevelopment boundary, the 19, I think, 63 boundary, does this redefining that to the urban service boundary so that the whole city is included? No, it does not. The regulatory infill and redevelopment boundary, basically because of statutory limitations is still, I believe, 1934- 1934. ... Sanborn map urbanized area boundary. However, what's very important is that the Infill and Redevelopment Steering Committee felt very strongly that we should advance principles of smart infill and, and redevelopment out to all the urban service area. And therefore, that is why, uh, supportive of putting mixed-use then all the way, not just inside New Circle Road, but all the way out, things of that nature. So what do we use the, the 1934 boundary for today? Do we still utilize it? Yes. We ... It allows us more flexibility in lot sizes and some other restrictions, recognizing the fact that the zoning, in those cases, was retrofitted on existing condition. ... and we've had good success with the provisions that we put into place in 2002 with those. We tweaked them a little bit here with, with some of these, uh, but, uh, but that still stays in play and still helps out those areas. But i- in terms of just talking about infield redevelopment, we realize the opportunity that hopefully you, you, there'll be some other changes come that we have the whole county to look at. We have a lot of vacant properties- Exactly. ... now in the suburban areas, and, um, there's opportunities there as well. Exactly. And that's exactly what, part of what this text amendment does and some of the other things that we'll be working on in the future. Very good. Thank you, sir. Thank you, Mayor. Council member Blues. Thank you, Mayor. Uh, Chris, or whoever else, uh, i- in the delegation would like to respond to this, I know that in the, uh, the, the original proposed amendment included a component on the accessory dwelling units, and that the Planning Commission, uh, postponed that, uh, uh, that component indefinitely. And I, um, my question is, where do we go from here on, um, you know, on that segment? 'Cause I think it is a, you know, a pretty, a pretty important, uh, uh, proposal, uh, and I, I just wonder what, you know, what the next step will be- I, I agree. ... for, for the Division of Planning. Yeah, that was one that the Planning Commission could just not get the comfort level with that they were ready to bring legislation. This is, for those of you, it's another way of saying that term, granny flats, and other things like that, um, duplex-by-right. I've heard other descriptions of this kind of thing that would allow density and, and, and afford some opportunities. There were just a lot of issues with that in the Planning Commission's mind. It has not been set aside as a discussion item, or I should say, only set aside to continue the discussion. Um, we had all these other changes that we've been working on for over two years that had a broad degree of consensus we needed to go ahead and do. So, we made the decision to go ahead, leave that issue for more work, and go ahead and bring these forward. So, uh, the discussion's not stopped, and we will be back to you with a recommendation on the accessory dwelling units. Well, I appreciate that, and, and, and thank you for all the, the hard work that you did and, and for making a presentation to the Planning Commission that, that was, was extremely effective, and I'm glad that the, uh, that the dwelling unit, uh, accessory dwelling unit, uh, proposal is still, still in the hopper and, and in the works. Very much so. Thank you. Thank you, Mayor. Thank you. Council member Court. Thank you, Mayor. Um, thank you so much Chris, and, and staff . Um, I had a question on the affordable housing piece. Um... I know that, um... Well, I have two questions on that. How much, um... I know you had a lot of input from all over the community. Did you h- feel that you had pretty good input from neighborhoods in the development community on the affordable housing piece? I, I do think that we've had, uh, fairly good input on that. The, uh, and another thing that I wanted to kind of make clear is that this is not our overall affordable housing strategy. Right. This is just one element of that. Um, we started off, um, with looking at how affordable housing is done through community development. We've, uh, vetted this idea through the Infill and Redevelopment Steering Committee over the two-year process. Uh, we've gone to the neighborhood associations. It's, it's really a, um, a, a good provision to put in our ordinance. Okay, good. I, I think you brought up a good point. It's one piece. It is one piece. I, I, that at first, there was some confusion that this was our affordable housing strategy, this one incentive, and it is- Right. ... it is just one piece of that. Now, who do we... Ha- have we talked about on this mixed income, the housing bonus, uh, the five-year minimum, and one of the things is that LFUCG will monitor- Mm-hmm. ... this? Do we know who's gonna do the monitoring? Ultimately, uh, it would be worked out, uh, with the Division of Planning as the lead, uh, hopefully with, uh, help from our division of, uh, what, Department of Community Development, Building Inspection, kind of a joint effort. Okay. I, um, I, I hope that we, that this regulatory incentive, that we do see- Mm-hmm. ... uh, some of the mixed income housing coming forward from our developers. I do too. I do too. I had one more question, and it's on the, um, the parking. So , um, in the, in some of the materials we received, um, it referred to six different cities that implemented off-street parking reduction, and five of them viewed themselves as successful, and the sixth one did not. And I wondered, I was just curious if you... I, I think you didn't, it didn't identify which one did not view their, uh, theirs as a success, but do you know of any, um, situations of why this is not successful? I'm gonna, I'm gonna let Mr. Emmons address that. He- Oh, you're... Okay. I, I was just curious. I mean, it seems to me, it's intricately linked with mass transportation, bike and pedestrian friendliness, and infrastructure, so what do you, what do you know, Jimmy? It was a long time ago since I did that research- Okay. ... and I do not remember which city it was that was not... But I do remember, uh, in their particular, um, instance, I believe that the reason why they said is that they saw an increased neighborhood crowding. ... and that's why they didn't think that theirs was a success. The... And of course, that's something that was, uh, on our minds as we were doing this, and that's the reason why, uh, our, our provisions for counting on-street parking are fairly limited in scope, um, mostly for our mixed-use zones in particular. Do we have anything... I know we read a little bit about bike, bicycle- Mm-hmm. ... uh, facilities. And, um, do we have anything in our ordinances right now that if you're going to put in a certain number of, um, or a certain size of development, you're required to put in a certain number of bike, uh, bike racks, so to speak, bike places? On- only in the mixed-use zones. That's the only one? That's the only zone that has a inherent requirement at this time. But it, it was not... It was a one... Wasn't it a one-for-one? It's a, it's a fairly small- It's very small, right? ... a fairly small number. We are always trying to encourage. And in the development review process, uh, Kinsey Gleeson, our, uh, bike and pedestrian planner, uh, she looks at the plans every month and makes recommendations to, uh, further increase those goals. Did you look at all at, um, some cities have, uh, requirement... Well, I think it's more an incentive, if I recall. If you put in a certain number of bicycle places and you put in shower facilities, you get a, an incentive or a break. Do you... Are you familiar with any of that, or did you talk about that? It is... Uh, we didn't talk about it during the, uh, during the discussion of this text amendment. I have heard those revisions before, and- Mm-hmm. ... that could be one of the ideas that's brought up in Round 4. Thank you very much. Well, I think it's a, I think it's a great idea, particularly if a, if a business has, you know, a fair number of employees and wants to encourage biking- Mm-hmm. ... and walking to provide a shower facility, 'cause that's one of the complaints, is people ride a long way to work and then they're hot and sweaty or whatever. Um, but there are businesses that do that, and I, I'd like to see at least that incentive looked at for the future. That is a wonderful idea for- Okay. ... Round 4. Thank you very much. Council Member Lawless. Thank you. Uh, I have a couple of quick questions for you. When you were talking about the ND1 overlay and it said significant support and postcards- Yes. ... can you elaborate on exactly what that process will be like? Uh, the bylaws have been changed by the planning commission as of last month, and the process is before a, the planning commission or the council initiates a zone change, there would be a mailing of postcards and a letter describing what those ND1 restrictions are proposed to be to every property owner within the area. And then they would have an opportunity of two or three weeks to return the postcards to the planning staff. We would tally any responses and present that information to the planning commission or the council before either of those bodies were to initiate a zone change. I think the past issue was that individual property owners were not aware of the initiation, and if they had been, they w- may have spoken up earlier. Um, will the postcards be... One of the issues is recently, in one of my neighborhoods, postcards were sent out about a traffic issue, and it has a very large student housing population, so postcards were not returned, because for traffic it reads, "Resident," or, "Residents," rather than "property owners." So if the postcards are sent out and you don't get a lot back- Mm-hmm. ... but you have notified the neighbors, would they then be able to have some way to move forward, uh, to show significant support or significant lack of support? There's still an opportunity for a neighborhood to utilize, like, a petition form and bring that forward to demonstrate support. Uh, the postcards would still be mailed per the bylaws change. Sure. And, and I'm 100% supportive of that. Uh, I just wondered if there was another... You know, in some of these neighborhoods, you might not get 'em back, and would that be the only thing? So once the postcards went out, then there could be an opportunity for petitions? Absolutely. The, um, the postcards, it was an avenue for the- Notification. ... the government- Yes. ... to send out the notice and receive that information back rather than receive it solely from neighborhood-oriented - One per... Yeah. Um, great. And I assume those petitions would need to be notarized and... We... That's not something that we require, and I think that was one of the issues in previous hearings, is that the petitions are not reviewed or notarized or evaluated. They're taken at face value. And that led to a post- the postcard mailing- Right. ... being a... Well, if, if followup can be done with a petition, I strongly suggest that a requirement be made that they be notarized and that the signatures be somehow, um, confirm that they are, in fact, a resident of that. Um, the other thing I wanted to just put out there, and I talked a little bit to Mr. Crowe about this the other day, is, um, with... ... looking at, like over off of Elizabeth Street and Elizabeth Street net area, where large additions, usually vinyl boxes are being put on the back of houses and it's still happening. I don't... We really need to look at that, and I understand that it can be a hot button issue about putting additions on houses, but this is clearly an abuse of that, so thank you and I look forward to hearing from you all and working with you on that. Thank you very much. Thank you. Thank you. Council member Feigl. Thank you, Mayor. Um, my question actually is about ND1 as well. So and, and, and actually Chris may have to answer this too, but back some time ago, we had a joint planning meeting with the planning commission, the planning committee, board of adjustments and, uh, architectural review board. One of the things we talked about relative to the ND1 is that it's a kind of a new animal for us, and I think our conversation was that where there really is no structured appeal process currently to the ND1. Um, and I know at that point at that meeting you were talking about the possibility of some, some changes being made and adding some kind of an appeal process to that, and I just wondered the status of that appeal process. That actually has been enacted by this body. Um, the process is to go to the planning commission and request a ND1 restriction change, which is viewed by our staff as, as really a modified zone change. Mm-hmm. It has a shorter, um, length of time and if the council approves an ND1 overlay and does not require someone to come back to change a restriction on their property, then it can just go to the planning commission for a change. Oh, and then we talked about that as a possibility, but with a zone change, and that would be a zone change. Yes. Uh, there are lots of legal requirements, um, lots of expense required, and I think that the thought was that we would do something to eliminate the, um, very expensive process for an individual homeowner to appeal that ND1, so does... Is that included? Yes, the, um, requirements for filing are, have been changed so that they are much more in line with what a variance, uh, requirements would be, and, um, the expense is also something that, uh, the staff is looking to alter through our schedule and filing fee, um, through the council. Would n- that would need to be changed through the council and reduce the fees for that. The other changes to the process have already been enacted. So the notification requirement? The notification requirement is, would still be in place. Still would be there? And that is something that variances require as well. Okay. Um, another question, does the, um, the peti- the postcard that you're going to send out to, to measure the support. Mm-hmm. Does that actually preclude the petition? Is that not necessary anymore? I don't think it precludes a petition. No, it doesn't. What we wanted to do, this came up both, uh, in the past in ND1 and H1 type petitions. Um, what we wanted to make sure is that before the process even started. Mm-hmm. Before the planning commission or the council has officially initiated the zone change to, to place an ND1 in place, that, that there will have been a notice to everybody. In the past, it's usually a neighborhood association approaching the planning commission and through petitions showing that they have significant support, and, and what we found is as things went on sometimes perhaps not everyone in the neighborhood felt that they had known or known just what was involved, and with the postcard whole process we hi- we'll have guaranteed that everyone will know before it started. And then of course we get into the full rezoning process where you can get into petitions, you'll have hearings, official formal public hearings, and ultimately this body would decide whether to put that, uh, overlay zone in place. We just think it will get the process off to a, a start where everyone is guaranteed that they will know about it, which I think is a great improvement in process. And, and one suggestion that I would make, and I don't know if it's possible, but to include on your postcard when you're sending that out to the neighborhoods, uh, information about the appeal process, because I know in one of the situations where they did do an ND1, some of the information was maybe, um, confusing to the people who signed petitions about the appeal process. Certainly. Uh, again, we can, we can do those kinds of things. Uh, we'll try to develop informational. Again though, ND1 is primarily neighborhood driven, so before they've even come to us with that point- Mm-hmm. ... we will have had conversations with the neighborhood association or the proponents or whoever, and will have given them a lot of information, we'll encourage them to have meetings. In a typical situation, I know for Chevy Chase we probably had staff folks out in 20 to 30 meetings, uh, with the neighborhood, uh, explaining those kinds of things, and again, anything we can do to get more information out there, we will take advantage of those opportunities. Okay. And does this mean that you will actually, the city might be initiating some of these overlays, or is it still going to be community driven? We still view this as being community driven, but again, the official initiation of a zone change under state law can only be done by the council, planning commission as a body, or by everyone that would be involved. I mean, you could have a case where if 100% of a certain area wanted to do it, they could file it themselves. But again, on these types of overlay zones, the typical cases- ... somebody or some group approaches the government to be the sponsor and the initiator. Okay. Thank you. You're very welcome. Thank you, Mayor. Thank you. Vice Mayor Gray. Uh, thank you, Mayor. Um, first off, I wanna acknowledge the, um, the heavy lifting and the work effort that has been undertaken by several members of the council who participated in the Infill and Redevelopment Committee that Chris referred to earlier. Uh, for the last two and a half years, uh, Council Member James, uh, recently Council Member Lawless has been active, involved in it. Council Member Blues, you've been, you've been there just like a Trojan. You've been there all along, haven't ya? Yes, you have. Dr. Stevens, Co- ... Dr. Stevens chaired the Infill and Redevelopment, um, taskforce for some time. Peggy, you've been. Have you been? No? Okay. Anyhow, I think it, um, the- the purpose of my comment is to illustrate context for this. Sometimes it does seem like, as the mayor and I were saying a minute ago, that- that, you know, it can seem like these are very arcane issues, and, um, and- and seems like we're down in the weeds sometimes, but, um, we also know that a lot of, um, the intersecting dots on this ... Last week, we were, we were in a economic development task force meeting. Council Member James was talking about how economic development is all of our responsibility. It represents all of our responsibilities, and it is central to so much. And, and likewise, this issue. If we lift up to 10,000 feet, and we look at this landscape that we are charged with responsibility for, and the way that it fits into our economic development strategies, we know that the rural landscape is a big part of our brand, and we know that preserving that rural landscape means creating an extraordinarily compelling and effective urban fabric, which has a lot to do with density. Stuff that nobody really, really wants to deal with often. You all have to address that. What was it somebody said? That we, we don't like density, and we ... What was Bill Lear's comment? We don't like density, and we, uh, don't like, uh, sprawl. Right. Um, one of the questions that I have, Chris, is in the Infill and Redevelopment Task Force work over the past two and a half years, the first year, the work ca- emerged with 106 recommendations. And out of th- how much does this represent? These rec- the, the, uh, text amendments. Of the 100, this is one of our, or two or three? How many does this really fit into? It fits into a number. It, it crosses over. And Jimmy had started the work on, on analyzing that, and I may turn the podium over to him. And he does have some statistics that I think, uh, that of the... He can jump up here and... You can do this, even though I'm the director, Jimmy. You can pull me and tell me I'm wrong. That, uh, of the priority one and twos that, uh, were addressed by that committee. Of the 100 and something recommendations, something like 56% or thereabouts were... Well, about 55% of the highest priority items, which was, uh, 59 of the 110 items were ones and twos. Uh, 54% of them are either... Or 55% of them are either complete or very far underway enough to where we can feel comfortable reporting those numbers to you. So we are making major strides in our infill and redevelopment. As Mr. Gray knows, we are, uh, we are, uh, currently working on reconstituting our Infill and Redevelopment Steering Committee to refocus our efforts to, to look at the, the next 100 and some items that we want to accomplish. Right. As far as these text amendments, as far as line items, you could really look at it as one big line item with a whole lot of sub items out of those 110. We had actually started this round three before that committee reconstituted itself, before the task force. And, and one of the line items was continue on with the round three text amendments. And again, uh, with what we learned from the, um, the task force work, we actually augmented, changed, modified, did those kinds of things in response. Thanks, Chris. I also wanna mention that, um, um, the work that the mayor, Joe Kelly have given, uh, Kevin Wenty some time to assist with this as, uh, one of the two project managers for the continuing initiative. The other being Jimmy. I thank you guys for that. Thank you, Mayor. Thank you. Council Member James. Thanks, Mayor. Chris, I just wanna let you know, now's time to celebrate. This is hugely significant. And I hope that when this past council, that you all understood how much work, and that your work was acknowledged. And I think it was unanimous by Planning Commission. I think it was unanimous by can- council. And this is huge. When you read through all this after involvement with the non-residential infill redevelopment, the housing market study, infill and redevelopment, the small area plans and knowing, and being on the council link for two years related to public works and planning, this is huge. And I know that you've been working for a long time to make some of these changes. So kudos to you. Celebrate, and, um, see this as extremely significant as we highlight everything in the rural areas. And that's our brand. Um, my brand is infill- ... and many other folks, their brand is infill and redevelopment and what our inner city looks like, that nine square miles of that infill and redevelopment area, hugely significant to our city. And what you all have been able to do by getting this zone passed is to be able to highlight the significance of that. And kind of what we talked about when we passed the PDR, um, additional funding, was we've got to focus on infill zone. If we're gonna continue to preserve, we're gonna have to continue to highlight and make the infill area more significant, and bring it up to where it needs to be so that folks can develop it and it can be, um, a positive, not a black eye on our city, um, but a positive, shining star, um, of what our city can do. So I want to thank you for all the work that you and your staff has done. And, um, I know the hard work that it's been, and, um, you've educated me and, in turn, my citizens, and thank you very much for your work. You're very welcome and, and I, the re- the thanks go back to you folks. This council in the past few years has given more support to these kinds of things than we've ever had before, and, um, financial support, emotional support, issue support, and it's already been acknowledged and, and, and needs to be. And, and we'll continue on. We'll take a short celebration, then we'll get working more on round four, believe me. Thank you. Thanks very much. Anyone else have anything for Mr. King or the rest of the staff? All right, thank you very much for being here and for the good work, all of you. We're now ready for council reports, uh, first member on the list is Council Member Stennet. Thank you, Mayor. Just had, um, o- one quick question and I see Commissioner Webb just left. But it's traditional over, uh, the last three years is we've put the additional three million dollars of road resurfacing money in the budget that council while we're on break, just so all the council members know, 'cause last year a couple people held us up. But we need to be surveying our roads and getting our lists to Commissioner Webb, uh, prior to the, prior to the end of August so that we can get the resurfacing contract on our docket and bid as soon as possible so they can get started, at least some this fall and the rest in the spring. So if council members, just a friendly reminder, if you could work on the resurfacing list of needs in your area and get those ready to give to Commissioner Webb when we get back, I know that's gonna help his job tremendously in trying to get that, get that on the docket and getting the bid done. So that's all I have, Mayor. It will indeed help. Thanks for- Thank you. ... bringing that up. Council Member Beard. Thank you, Mayor. Um, I would like to move, uh, approval of the 1st-2010 FY 2010 NDF list. Second. I have a motion by Council Member Beard, second by Council Member Lane to approve the NDF. Any discussion? All in favor, please say aye. Oppose, no. Motion carries. Thank you, Mayor. Council Member Feigel. Thank you, Mayor. Um, I just wanted to, to, um, recognize the Ashland Neighborhood Association for winning the best neighborhood association entry into our Fourth of July parade. Um, I kn- there for a while, uh, we had heard from constituents around the county that they wanted, um, you know, more variety in our parade. And so as an effort to do that, we were able to scrap together a little bit of a prize for them. And, um, so I think that was very helpful. We had three different neighborhood associations in the parade, and I'd like to, to acknowledge all of them, uh, but also to acknowledge that, um, Ashland Park, which is, or Ashland Neighborhood Association in the, the Fifth District did win that, uh, $1,000. So I, I just wanted to recognize them. Thank you. Thank you. Council Member Blues. Thank you, Mayor. Um, many of you, uh, perhaps read Tom Eblen's article in Sunday's, uh, Sunday's newspaper on, on the First Baptist Church, a historic, uh, a ch- historic church over 100 years old on West Main Street just across from the civic center. Uh, this is a magnificent, uh, historic building with, uh, uh, a vaulted, uh, sanctuary all in, uh, in chestnut wood. Uh, this is a facility that needs to be preserved. It's a part of historic Lexington. It's also a building in need of significant repair, uh, and as a church, it has a very small congregation. Uh, this is a, this is a building that, that is, uh, a prime candidate for creative adaptive reuse. Uh, I know that the Western Suburb Neighborhood Association, the pastor and his congregation are, uh, se-searching for ways to, uh, the ways to, to, uh, to rehabilitate the, uh, the facility. And I would say to all of you out there, uh, who may have read, uh, Mr. Eblen's article, uh, and have an interest and ideas and are serious about preserving some of the iconic buildings of our, of our downtown, uh, please get involved in this, uh, in this project. It really is a, a, a, a magnificent, uh, uh, edifice, and one that we really don't want to l- to lose. I can give you much more information about this. If you are interested, please feel free to give me a call at 258-3217, 258-3217, or 425-2276, 425-2276. Uh, this i- this can be a community effort to save, to preserve, to, uh, uh, to recreate, uh, this his- historic building. Also, with reference to, uh, to July the 4th, I want to congratulate and thank all those, uh, in, in city government who made the day possible, from the mayor's office, the divisions of police and fire, from Parks and Recreation, from Streets and Roads, from Waste Management and Engineering, all who did their part to make it one of the greatest days downtown. I also wanna thank the person or persons responsible for informing 3,800, uh, participants in the, in, in the Bluegrass 10,000 that the race started at 7:30 AM, but didn't tell me . Uh, and, and you know, it's not entirely uncommon for, for a runner to start a race but not to finish it. I think I have the unique distinction of having finished a race without starting it. And so I, I, as I was, I was, uh, as I was running down Richmond Road ... Well, running is perhaps, uh, a bit of hyperbole there- ... poetic license, I ran into an old F- UK colleague and friend, and I told him, uh, what had happened. And he said, "You know, Tom, this is a race for people who read." And so I shall take that lesson to, uh, to heart, and I do wanna notify the, the, the, the five runners in my age group, that's 39 to 44- ... uh, who, who officially, uh, finished behind me, that they can all move up one notch. Thank you, Mayor. Thank you very much. Uh, Council Member Lawless. Thank you, Mayor. Um, if I'd known that we could run it that way, Tom, I would've joined ya . Um, first of all, I'd like to announce that tomorrow at 2:00 PM in council chambers, the Courthouse Area Design Review Board will be holding a meeting to, um, at the request of, um, Center Point, uh, to extend their permit or their permission from the BADRB. Um, it would expire this coming November 10th, and they are asking, um, that it be extended now instead of in November, uh, for one year, so for those of you that are interested in that. The other thing, I wanted to ... There were several of the South Limestone merchants that wanted to be here today and couldn't for m- a variety of reasons, um, business-related, um, and I said that I would speak some on their behalf, um, 'cause I don't know how much discussion we'll have when we vote this afternoon on whether or not to accept the bid for the South Limestone streetscape. Again, I wanna say that I'm extremely supportive of the streetscape projects, um, and the South Limestone folks that I've talked to also have been very supportive of the concept of the street st- scape projects. Their concern, however, has been, um, a lack of transparency, um, a lack of prep work for the project. Um, they still have not had any contact from the city since the June 3rd meeting that they received notice that there was gonna be a meeting to assess, um, utility, um, needs that they might have without telling 'em any further information. Um, so they still don't know where it's gonna start, when it's gonna start, how it's gonna be done. They do know that the, the bid has sections in it. They're concerned about other street closures and what traffic issues that'll bring up, um, and also very concerned, of course, about what's gonna happen to them financially, but I'd like to express my concerns about the expense of the project, um, the prep work for the project, um, engineering, et cetera, um, parking ideas, traffic mapping, um, all that is, you know, after the bid goes out. I found out about it, as you probably know, from a constituent after the bid had already been put out and had no idea that it was, um, first on the list t- to start. Again, I wanna support the streetscape projects. I think they're wonderful, but I want us to do 'em carefully and with due diligence. Thank you. Thank you, Mayor. Thank you. Council Member Gordon. Thank you, Mayor. I just wanted to, uh, publicly congratulate, um, our 20 new firefighters. You and the vice mayor were there last week when they graduated, and it's always good to put new public safety folks on the street and in the buggies. Um, I also wanted publicly to thank, uh, two planning commission members who, whose terms expired and they've served all they can serve, uh, Neil Day and Randall Vaughan and the Planning Commission, to me, to my way of thinking, um, because they get, they do not get paid, and they serve many, many hours making really important decisions for our community, and so I just express my great thanks to both Neil and Randall for their service. Thank you. Well said. Uh, Council Member James. Thank you, Mayor. Council Members, you should have received a memo from me related to the Neighborhood Development Bond Fund Oversight Committee. Um, just a brief explanation to all watching, or anyone interested, the Neighborhood Development Bond Fund, um, was established back in 2004, and, um, over half of the council districts were able to be served by this fund. Seven out of 12 were able to be served. The initial purpose was investment in infrastructure and capital projects, um, those that showed a definable benefit. Um, they cannot benefit an individual person. Um, utilization of leverage of funds, um, partners in funding, and there had to be shown a non-continuous funding, um, element or component of the projects chosen. The intent of the projects would be to spur private investment, reduce crime, and enable commercial development. Um, the, over the past five years, I guess, a long time, um, this committee has been able to do projects related to handicap ramps, sidewalk accessibility, um, crosswalks, bike lanes, um, uh, repairs, and, and removal of trees and such at, uh, African American Cemetery Number Two. Um, traffic, um, traffic needs or traffic, um, speed humps, um, other corridor improvements, um, park improvements. Um, an amazing bus shelter, um, which combines, you know, transit and art, uh, neighborhood revitalization, um, and a lot of other positive things in communities. So, um, at the end of, here we are, two and a half years later from me beginning on this committee, and we're able to finally report, Vice Mayor, that the work of the Neighborhood Development Bond Fund Oversight Committee is complete. Um, and we would ask that you dissolve the committee, as, um, the work is done. Thank you. Thank you. Vice Mayor Gray. Thank you, Mayor. And, uh, thank you, Council Member James. We'll do just that. I don't know what kind of official act of dissolution is required, but we'll figure it out. I think you're, yeah, I think you're supposed to hit the gavel or something. Hey, there we go. Um, first off, I, uh, uh, big ditto and punctuation and exclamation marks to what Council Member, uh, Blues had to say about the Ju- July 4th celebration. It was a fun day for everybody. Uh, I really had trouble with it 'cause I had two chili dogs, and that was it for the rest of the day. Uh, but it was great, even in the rain. Um, second thing I wanted to report is simply that I promised you all last week in our Economic Development Task Force meeting that I would get the minutes out before the break, and they are here. I'll pass 'em around. Um, and I, I do say, however, Mr. Stennet, I heard you over there. I, I heard you over there. I did say in here, these are unfiltered, unscrebbed raw notes from last Thursday's meeting. All right? But it does talk about a little bit of a path forward. Also talk about, mention that, um, we, we discussed at that meeting forming a small work group. Um, and I'm just saying, anybody who wants to help with that, please let me know. We'll get together the week of the 27th, July 27th. Uh, yes, that is while we're on break, but maybe we can collect a few hearty souls for that meeting. And we'll take a stab at drafting a purpose statement for the, um, for what we're examining now. Uh, the issues, um, confirm a current list of issues and questions and recommend next steps to the full Economic Development Task Force, including when to meet and how often. Um, so I'll just pass this around. Thank you, Mayor. Thank you. Council Member Martin. Thank you, Mayor. I have a cackle of announcements today. The, uh, Beaumont Residential Association is meeting this evening at 6:30 PM at the Beaumont Clubhouse. Also, this Sunday, as every Sunday, the, uh, Farmer's Market convenes on Southland Drive on Sunday from 10, 10:00 AM to 2:00 PM at Sloan's Market. Also, this evening at 7:00 PM, the Southland Jamboree continues with, uh, tonight's band is the Blue Ties of Grass. Come out for some great bluegrass music and great food and drink and company. On Sunday, July 12th at 2:30 PM, the Hillandale Neighborhood Association is meeting at the Hillandale Park at 2351 Maplewood Drive, and that's open to all residents of the Hillandale n- neighborhood. On Monday, July 13 at 7:00 PM, 7:30 PM, the Palomar Hills Association Board will meet at their clubhouse, and again, it's open to all homeowners. And finally, on Tuesday, July 14th at 10:00 AM, the Southland Asso- Association Board, uh, will meet at the Bank of the Bluegrass building on Southland Drive, and that is open to members. Thank you, Mayor. Thank you. Does any other member of the council wish to report? All right. Mayor, just- Council Member- Yeah, this is just a- Vice Chair Gray. Just a footnote to the earlier comments about Economic Development Task Force. We are meeting, the Committee of the Whole, next meeting is scheduled for August 11th after the break at the Arboretum, right? At Council, at, uh, Council Member Gordon's, uh, suggestion. That's already set. Now, I know there'll be some... There'll probably be some moaning and groaning about this, y'all. Just think about it, okay? That if we could start earlier than 11 o'clock, maybe 9:00 or 10:00, we could probably pick up on some of the stuff that we worked through in that good free flow of conversation last Thursday. We could pick up on that and carry it through and maybe co- That's what I was thinking. So, what, what do I hear? Do I hear a vote for- You're hearing me say 10, not 9 . 10, okay. Is that... Oh, let's, let's, we try for 10 o'clock? I see some n- some nods. All right. Whoever can get there, let's try it. Thank you, Mayor. Thank you. Um, I do have a mayor's report today. It's a fairly lengthy one, but a motion to approve that would be in order. Make a motion to approve. Thank you. I have a motion by Council Member Crosby, second by Council Member Lane, to approve the mayor's report. Any discussion? Council Member, uh, Henson. I do have one thing I need to take up, um, and it may be what you're getting ready to address, the Lextran board? Yeah. Um, I do need to modify that. As a matter of fact, I have a note here. There were, uh, two appointments recommended and what I would like to do is limit the report to only the reappointment of Chris Humphrey, uh, because I want to get back with you on a subsequent appointment. So, if you're okay with th- that modification. Yes, I am. And the second his as well. We will, we'll make that... I appreciate you flagging that for me. A- anything further? Council Member Feick. Um, thank you, Mayor. Um, I had looked through a lot of these, um, nominees and a question came to my mind, and I've asked some other council members about, is there a requirement that, um, people serving on our boards and commissions, uh, be residents of Fayette County? And apparently, there is nothing, uh, required at this point in time. But I would- Th- there are on some boards. It varies from board to board, but, uh, many do not have that requirement. You're correct. Um, well, I think that, uh, a couple of us had talked and we thought maybe that we would like to take a look at this in committee to see if it was something that, uh, that we needed to go back and take a look at. Sure. And so, I guess I would, uh, move that we place this, um, in, what, intergovernmental? To, to take a look at what the requirements are in terms of residency. Second. I think if you'll, if you could hold that motion for just a moment, we have one on the floor to approve the report and then, then we'll- Oh, I'm so sorry. ... we'll get that squared away. I ha- I was gonna, I was just trying to clarify if she was requesting that we hold the mayor's report and... Are you trying to replace the motion or, or are you wanting to hold up the report? Because there are- No, if, if we, if we approve the mayor's report- out of- ... as it is presented, there are some, um, nominees that are not residents. That is, that is correct. And so, um, I would like to take a look at that before we actually make those appointments. And I guess, so my amendment might be to hold, uh, the Lexington Center Corporation Board appointments until we can take a look at that. That would be my amendment. All right. So the motion is to amend the motion to approve by, um, referring, I guess, the matter of the membership requirements on the Lexington Center Board to the Intergovernmental Committee. Is that correct? That would be my motion. Can I just ask, em, I mean, we do have one council member on, on that, uh, list of appointments. I mean, can we not hold up the entire... Because clearly that council member is a Fayette County resident. I, I don't see why we should- That's true. ... hold up that appointment necessarily. Um... And I, I don't have a problem with that. I, I just basically didn't want to begin singling out people and so my motion was to cover the entire group rather than single out any individuals. So, um, if Council Member Stennet wants to, um, to serve on that board, I don't have a problem with that. Okay. But I... My a- my motion actually was to, um, to amend th- the motion on the table to refer the Lexington Center Corporation appointments to committee. The Intergovernmental Committee specifically. Right. Intergovernmental Committee. That would be my motion. Now, did I hear a second to that? I second. Okay, Council Member Gordon. I had a question. Was the... So are we going to... I would like to see us... We have been over a year without the council, the second council position filled. So I think we need to fill that immediately. So ca-... I would support moving the council position forward, the council nominee forward, if we could. So you're mo- moving to amend the amendment by, uh, submitting the approval- I will accept that as a friendly. All right. Yes. Thank you. I will accept that as a friendly amendment to mine. Thank you. Any further discussion on that amendment? Council Member Lawless. I was wondering, are we just gonna look at that board and commission, or do we wanna look at all of them and whether or not they need to be Fayette County residents? Well, I would assume that we would look at all of them, but as, over, um, looking over these nominations, I think that was the only board that had members, um, that, that had been nominated that weren't- ... residents of Fayette County. And I might be incorrect in that, but I think that's the only one where non-residents were being recommended. Okay. J- s- thank you. So the motion on the floor is to amend the Mayor's report by, um, excluding all the appointments to the Lexington Center Board, with exception of Council Member Stennet. Council Member Stennet. Mayor, I, I just, uh, w- want to address this issue. I mean, obviously, um, we probably need to take a look at it on several other boards too, but clearly there's two other people on this- ... th- that the Mayor's nominated under the current rules that are Lexing residents, based on their application. And I, I, you know, if we're gonna get down to the nitty-gritty, we need to call it as it is, and if there is someone who does not live in Fayette County, and that's what we're targeting, I would just, I, I would only vote in favor of holding up that one application, not, not the other two, because this board n- clearly needs it, clearly in the time of, of what they're dealing with, with the upcoming new arena, there, there needs to be guidance there. And there are two people on there that, that are Fayette County residents that need to go ahead and move forward one way or another. So I will vote against this. Council Member Blues. I also w- will not support this motion. I think that the nominations were from the Mayor, were made in good faith under th- the current rules, and they should go forward. I have no problem with reviewing of th- the question of whether members of our boards and commissions should be residents of Fayette County, but, uh, for the, for the present roster presented here, uh, I'm in favor of going forward. An- and so I won't support this amendment. Thank you, Mayor. Thank you. Uh, Council Member Lane. Yeah, uh, I, I sort of agree that we should go forward with the nominations too. I, I think there may be some of the boards, and I think it would be a good thing to review that it would be appropriate to have some people outside of Fayette County, because that particular board may be serving, or the board's, uh, organization may be serving more than just Fayette County, and it might be good to have representation of a few board members from outside of Fayette County. Uh, Council Member Gordon. I'm actually on the list to speak about a different issue about the Mayor's report- Very well. ... after it's voted on. All right, any further discussion on Council Member Feigl's amendment? Can you repeat the motion? Heard. Yeah, the motion on the floor is to amend the Mayor's report by, uh, excluding from those boards and commissions that are being approved, the nominations to the Lexington Center Board other than Council Member Stennet. So as it stands now, Council Member Stennet's nomination would be approved if this resolu- this amendment is approved. Uh, the others would be held. Uh, Council Member James. I, I'm, uh, apologize, I don't have my Mayor's report in front of me, but Council Member Feigl, would you be willing to support the nominations if they reside in Fayette County? If are there- Abs- absolutely. I, yeah. I mean, I don't have a problem with that. I just didn't want to single out anybody. So I, I mean, I would, I would support an amendment that just pulled the non-Fayette County resident at this point, if that were so offered. Um, I will offer that, if you will... As a friendly amendment. All right. So as it now stands, the only aspect of the Mayor's report that would not be approved under this amendment would be the individual who doesn't reside in Fayette County, Mr. Robinson. All right. Any further discussion? Those in favor of the amendment by Council Member Feigl, please indicate by saying aye. Opposed, no. No. Motion, motion fails. Um... Can we get an electronic vote on that? W- we can. Th- those in favor of, uh, Council Member Feigl's motion, please indicate voting aye electronically. Those opposed, vote nay electronically. I don't think everybody has voted yet. Okay, there we go. Here w- here we go. Did you reset it? It, it has been reset. ... only Chris (inaudible 00:07:55). Okay. The motion fails by a vote of eight to five. Yeah, Council Member Gordon, did you have another matter that you wished to address? Uh, yes. Okay. Um, did we just approve the Mayor's report? No, we, we- Oh, well that needs to go first . Okay. Then those in favor of approving the Mayor's report, please- Question. Council Member Crosby. Do we make, I don't know if this may be a question or ... Is this regarding a confirmation? Yes, I thought after this we need to talk about- Do we have to do it after the Mayor's report, or after we approve it? It would. Okay. Okay. I'll let the nom- mine will be after we vote. Okay. But I'll let you do it. Any further discussion? Those in favor then of approving the Mayor's report, please indicate by voting aye electronically. Those opposed vote nay electronically. And the motion carries. Thank you. Council Member Gordon. Thank you, Mayor. Um, we have Board of Adjustment and Planning Commission appointees, so, um, if I recall, we need to approve them by 60 days- Right. ... by the end of August. Is that correct? Correct. Or, yes. 60 days, whatever that amounts to. So, um, I, we do need to hold a confirmation hearing, and I was going to propose, um, two dates, either ... I hate to even say August 13th before the council meeting, 'cause we have a zone change. However, that would allow us to put 'em on the docket and approve them before the end of August, if ... Vice Mayor, would that- ... at 4:00, that many of us are on. Okay, so that apparently won't work. Well, what time were you proposing for the confirmation meeting? I, I was thinking of, um, let's see, we've got several people, I guess. We have several, so... Well, I think the ARRA commission meeting should be through by 5:30 or so, so if you'd- Maybe that 5:30 might work. Would that work, Vice Mayor? On what date? On- 13th? August 13th. How many? Do you want- What's the number? To be on the council? There's two? There's three. Yeah. I think one for, for awards. That sounds like it's been decided, so. Yeah. And then two for the planning commission. Does everybody know about it? We have to do this. There are three people. So- There are three people. Thirty minutes each. So what time did you s- say, Linda? Well, um- 5:30? In, or, or, um, one of them's a, one of them's a reappointment, which might not take as long, maybe it will. 5:30 or 6:00. Okay. Suits the 6:00. What suits everyone? All right. 6:00 on the 13th. I'm hearing lots of 6:00. 6:00. Does that work? That work. Okay. I think I'm hearing 6:00. So yeah, so the motion is to schedule- The motion, I move that the council hold its confirmation hearing of Board of Adjustment appointees and Planning Commission appointees on August 13th at 6:00 in the fifth floor council, I mean, the fifth floor, you know, conference room. Conference room. Second. I have a motion and second to schedule a confirmation hearing for the Board of Adjustment and Planning Commission members on August 13th at 6:00 PM in the fifth floor conference room. Any discussion? Council Member James. Yes, it's not necessarily related to the date, but for new council members as well as some that may need to be refreshed for the confirmation process, can we have our council administrator forward to us the rules, what exactly our purpose is, and anything that's on record as far as what the council role is, related to confirmations? Thank you, Rebecca. Thanks, Mayor. Thank you. Any further discussion? Those then in favor of scheduling the confirmation hearing at, uh, 6:00 PM on the fifth floor, please indicate by saying, on the 13th of August, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you. Um, let me just add one, one final note. Um, I thought the 4th of July fest- festival went about as well as it possibly could have gone, given the weather, uh, that we had to deal with on Saturday. Um, but we had a record number of pies in the pie contest on, uh, Wednesday. We had a remarkable crowd downtown for Thursday Night Live on Thursday. Uh, the police estimated a crowd of 13,000 for the Patriotic Concert on, um, on Friday evening. We had a record number of runners, including, I think, the one who finished but did not start, on the, on Saturday morning in the Bluegrass 10,000. Thank you, Dr. Blues. And a record number of entrants in the parade, and all of that was done, um, uh, with the help of a, a lot of folks. Penny Ebel deserves a lot of credit for a job very well done, but she had a lot of help from police, fire, streets and roads, uh, solid waste, parks, and undoubtedly, several other divisions. And I just wanted to say thanks to all of them for a job very, very well done. Is there any public comment on issues not on our agenda today? Council Member Lane. I was, uh, just reviewing the Picnic at the Park's commission, and where you appointed Council Member Cheryl Feigl to the board, and the term is not specified on this, uh- It's nine. It's nine. It's nine. I'm sorry. Forgot that. Yeah. They're, they're appointed for an indefinite term as members of the council. Oh, okay, good. All right, congratulations. I think we're ready to move into, uh, closed session. Council Member Blues. Thank you, Mayor. I move that we go into closed session, pursuant to KRS 61.8101(c) to discuss pending litigation involving the Lexington-Fayette Urban County Government, pursuant to KRS 61.8101to discuss the acquisition of real property. An open discussion would likely affect the value of the specific piece of property that may be acquired. And pursuant to KRS 61.8101to discuss the proposed security plan for the fifth floor, so moved. Second. Have a motion by Council Member Blues and a second by Council Member Gordon for us to go into closed session on, uh, for the reasons specified. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you. Loud enough. Thank you. We got it loud enough. Uh. Probably would too. The floor is open for a motion to return to open session. So moved. Second. I have a motion by Council Member Blues and a second by Council Member Ellinger that we return to open session. Any discussion? All in favor say aye. Aye. Opposed, no. The motion carries. We have one matter to take care of. I think it is appropriate for the, uh, council to move to place on the docket an item, uh, for tonight's meeting authorizing the execution of an option. Thank you, Mayor. I move to place on the docket for the Tuesday, July 7th, 2009 council meeting, the resolution authorizing the mayor to execute an option to purchase agreement... An option to purchase agreement with Hudson Circ II, LLC, for property located at 1975 Russell Cave Mount Pike, so moved. Do I hear a second? Second. Council Member Blues has, uh, moved to add that item to the docket. Council Member Crosby has... Or Council Member James has seconded that motion. Any discussion? All in favor, please say aye. Aye. Oppose, no. The motion carries. Is there any further business? Do I hear a motion to adjourn the c- work session? So moved. I have a motion from Council Member Lane to adjourn, a second by Council Member Martin. Any, um... It's non-debatable, so all in favor of adjourning, please say aye. Aye. Oppose, no. The motion carries. Uh, it is now a little after, uh, six o'clock. Are we ready to roll ahead, or do we need five minutes to- Let's go. Let's roll then. Let's roll. All right. Mayor? Can you hold one moment and let us switch out? I can.