# Urban County Council - February 21, 2019 > Auto-transcribed civic record · February 21, 2019 - **Permalink**: https://meetings.lexingtonky.news/meeting/4698 - **Source video**: https://lfucg.granicus.com/player/clip/4698?view_id=14&redirect=true - **Date**: 2019-02-21 - **Last revised**: February 21, 2019 - **Length**: 16,350 words > ⚠️ **Auto-generated content.** The transcript on this page is the Granicus stenographer's live closed-captioning track, captured at the time of broadcast (typos and broken sentences common). Speaker labels come from the same track. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Verbatim wording and speaker attribution may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council convened on February 21, 2019, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding. The meeting addressed two main agenda items and included both informational presentations and official council business. The council heard an informational presentation from the KAWC Science Fair and took action on Civil Service Appointments, which were approved. During the session, the council conducted 2 votes and received 2 public comments from community members. ## Attendance The following members were present at the February 21, 2019 meeting: • Mossotti • Plomin • Reynolds • Worley • Bledsoe • F. Brown • J. Brown • Ellinger • Evans • Farmer • Gibbs • Kay • Lamb • McCurn • Moloney All 15 members were in attendance. No members were reported as absent or late for this meeting. ## Votes and Decisions The council conducted two roll call votes during the meeting. **Ordinance 0113-19** [timestamp: 03:00] The council voted on an ordinance changing the zoning from Single Family Residential (R-1C) to Planned Neighborhood Residential (R-3) for property located at 1847 Nicholasville Road. Council member Mossotti made the motion, seconded by Plomin. The ordinance **passed unanimously** with 15 ayes and 0 nays. Voting in favor: Mossotti, Plomin, Reynolds, Worley, Bledsoe, F. Brown, J. Brown, Ellinger, Evans, Farmer, Gibbs, Kay, Lamb, McCurn, and Moloney. **Resolution 0121-19** [timestamp: 06:00] The council considered a resolution imposing a moratorium on zone map amendment applications and demolition permits for all properties within the proposed Pensacola Park Area Historic Districts. Council member Gibbs made the motion, seconded by Plomin. The resolution **failed** with 4 ayes and 8 nays. Voting in favor: Mossotti, Bledsoe, F. Brown, and Farmer. Voting against: Plomin, Reynolds, J. Brown, Gibbs, Kay, Lamb, McCurn, and Moloney. The zoning change for the Nicholasville Road property received full council support, while the historic district moratorium lacked sufficient votes to pass, with twice as many council members opposing the measure as supporting it. ## Budget and Financial Actions The meeting addressed two financial resolutions involving municipal purchases and services. **Wastewater Treatment Equipment Purchase** The council considered Resolution 0077-19 for the purchase of a chlorine gas feeder for the Town Branch Waste Water Treatment Plant. The equipment purchase from JAGS Environmental, Inc. totals $20,858.44. This acquisition represents infrastructure investment in the city's wastewater treatment capabilities. **Senior Program Catering Contract** Resolution 0090-19 authorized a catering services contract with Hyatt Regency Lexington for the Senior Intern Alumni Luncheon. The contract amount is $5,500 for the event catering services. The two resolutions combined represent $26,358.44 in municipal expenditures, covering both essential infrastructure equipment and community programming services. ## Public Comment Two speakers addressed the council during the public comment period, both focusing on the Pensacola Park Moratorium. **Jacob Wahlburn** [timestamp: 02:00] spoke in opposition to the moratorium, emphasizing concerns about property rights and the importance of allowing development to proceed along Nicholasville Road. Wahlburn argued that the moratorium would negatively impact property owners' ability to develop their land in the area. **Jessica Voigt** [timestamp: 04:00] presented a contrasting viewpoint, voicing support for including Nicholasville Road properties within the scope of the moratorium. Voigt highlighted the historical significance of the area as a key reason for supporting the development restrictions, arguing that preserving the historical value should take precedence over new development. The public comments reflected a clear divide on the moratorium issue, with speakers presenting opposing perspectives on balancing property development rights against historical preservation concerns in the Pensacola Park area. ## Appointments The meeting included two appointments to advisory boards within the local government structure. **Agricultural Extension District Board** • Linda Gorton was appointed to serve on the Agricultural Extension District Board **Animal Care and Control Advisory Board** • Josh McCurn was appointed to serve on the Animal Care and Control Advisory Board Both appointments were approved during the February 21, 2019 meeting. The Agricultural Extension District Board typically oversees programs and services related to agricultural education and outreach in the community. The Animal Care and Control Advisory Board provides guidance on policies and procedures related to animal welfare and control services. *Note: Specific transcript timestamps were not available for this portion of the meeting.* ## Contested Items The primary contested item during the February 21, 2019 meeting was the **Pensacola Park Moratorium**, which generated significant community debate and public input. The disagreement centered on a proposed moratorium that would temporarily halt zone map amendments and demolition permits within the Pensacola Park area. The most contentious aspect of the discussion involved whether properties along Nicholasville Road should be included within the moratorium boundaries. Community members were divided on this issue, with substantial public input presented both supporting and opposing the inclusion of Nicholasville Road properties in the moratorium. Those in favor of inclusion argued for broader protective measures, while opponents raised concerns about the expanded scope affecting additional properties and property owners along the corridor. The nature of the opposition was characterized as community-based, indicating that local residents and stakeholders were actively engaged in the debate rather than it being primarily a technical or procedural disagreement among officials. *Note: Specific transcript timestamps, participant names, and the final outcome of this contested item are not available in the provided meeting data.* ## KAWC Science Fair Presentation [timestamp: 01:00] Mayor Gorton presented the results of the Kentucky American Water Company Science Fair, announcing the winners of the competition. The science fair drew participation from over 500 students, demonstrating significant community engagement in STEM education initiatives. The presentation was informational in nature, with Mayor Gorton highlighting the success of the event and recognizing the student participants and winners. The Kentucky American Water Company Science Fair represents a partnership between the utility company and local educational institutions to promote science education among students in the community. No discussion or debate occurred during this agenda item, as it served as a ceremonial announcement of the competition results. The presentation concluded without any formal action required from the council. ## Civil Service Appointments [timestamp: 07:00] The board considered Resolution 0142-19 regarding the ratification of various civil service appointments across different divisions. Maxwell presented this agenda item to the board for approval. The resolution sought formal ratification of multiple civil service appointments that had been made across various municipal divisions. While the specific details of individual appointments and divisions were not elaborated upon in the available materials, this represents standard administrative procedure for confirming personnel decisions made within the civil service system. Maxwell presented the appointments for board consideration without noted discussion or debate from other board members. No concerns were raised regarding any of the proposed appointments during the proceedings. The board approved Resolution 0142-19, formally ratifying the civil service appointments as presented. This approval allows the appointed individuals to proceed in their respective positions within the municipal government structure. --- ## Decisions - **Ordinance 0113-19** — passed (15-0): An Ordinance changing the zone from a Single Family Residential (R-1C) zone to a Planned Neighborhood Residential (R-3) zone, for property located at 1847 Nicholasville Rd. - **Resolution 0121-19** — failed (4-8): A Resolution imposing a moratorium on zone map amendment applications and demolition permits for all properties located within the proposed Pensacola Park Area Historic Districts. --- ## Full transcript test test I'd like to ask the clerk to call the roll please Ms. Moss. >> here medicines Ms. Plomin here. >> Mr. Worley. >> yes, sir. >> Ms. Bledsoe. >> here. >> Mr. James brown. >> here. >> Mr. Ellinger. >> here. >> Ms. Evans. >> here. Mr.Farmer. >> here. Mr. Gibbs. Here. >> vice mayor kay. >> here. >> Ms. Lamb. >> here Mr. Mcurn. >> here. Mcmol. >> here. Mr. Moloney. >> here. >> I want to welcome bill farmer , Jr. For our invocation tonight. >> in the words of the pastor that baptized me, I would ask you to bow your head and close your eyes to take away distraction. >> dear heavenly father, thank% you for this moment of peace. As you reach out your hand to us in so many ways, you reach out a hand of peace, a hand of love, a hand of grace, you give us so many things. Tonight on behalf of the council , we ask for you to give us wisdom, and bless our outcome s. On behalf of our community, we have to set aside the daily grind and understand the beauty in which we dwell and give thanks for it. The beauty of our city, the beauty of our country side, the beauty and fabric of our very community. On behalf of our country, we ask for you to help unify our union, take distracting voices, mean voices, voices that don't add. Quiet them so the still small voices of those in need, those who hurt, those who need help can be heard, found and receive it. Tonight we also ask that you bless one of our very own, our commissioner of finance who has not been with us. And we ask for you to give him grace, the peace of healing and the patience of healing. And dear lord for less than a month you have had my dear mother's spirit there, cast in the light of an angel. Her pain is no more, her worries are no more. But we Miss Her just the same. Bless her and all those that are there and all those that are here in your son's sweet name, I pray, amen. >> next up is approval of the minutes of the previous meetings do I hear a motion? >> motion. >> second. >> council member plomin moved and council member ellinger seconded. Is there any discussion? Seeing none, all those in favor please say aye. Anyone opposed? All right, that motion passes. Next we have the kentucky american water science fair and so I will move to the podium and we are going to recognize some really neat kids. >> so tonight we have a very special opportunity to honor the winners of the kentucky american water fayette county public school science fair, which is celebrating its 35th anniversary this year coordinat ed by fayette county public schools, this year's fair was held on February 2. More than 500 students in grades 4-12 competed locally. That's 500. Regional competition will be held March 2 at paul lawrence dunbar high school. I want to welcome this evening representing fayette county public schools david helm k-12 science instructional specialist also welcome students, parents and friends. Now we have so many winners and proud parents tonight, that we are going to break our honorees in three groups, elementary, middle and high school, we have certificates for everyone, but unfortunately we don't have time to hand them out individually. So parents and children will be able to retrieve your certificates downstairs in the lobby as I have been talking, we have been bringing in our elementary students, these beginning scientists booker t washington. , bluegrass scappa, cassidy christ the king school, julia, maxwell meadowthorpe, rosa parks , st.S peter and paul sandersville, sea ton catholic school, stone wall and well ington, very good, let's give these scientists a hand. Now we are going to get a picture. qoo while our middle students are coming in I wanted to know how inspiring it is to see so many young people creative people interested in science and look at all of them congratulations to the middle school science fair winners. We are all very proud of you and there are a lot of you so students, we want to recognize you and ask you which school you represent so will you raise your hand if you are representing beaumont. Bluegrass scappa. Bryan station. Carter g. Woodson. Christ the king school, crawford edith j. Hayes, fayette county home schools, leestown middle. Lexington christian academy. Lexington traditional middle lexington universal academy. Morton. St.S peter and paul. Sea seaton catholic school. Southern. Tates creek middle. The lexington school trinity christian academy. Let's give these middle school ers a big hand. Now we are going to get a picture of you with the cunl. -- could the -- now we are going to get a picture of you with the council. [Applause] We will now bring in our senior high winners. Welcome. We want to say congratulations to our senior high winners and if you are representing carter g. Woodson, would you raise your hand? Lebt catholic? Paul lawrence dunbar. Again we want to offer our congratulations, this time to our high school science fair win ners. Worry all very proud pief -- we are all very proud of you and one gentleman is doing fungus. Fungicide on apples and another one is doing something about a ca pass ter? Congratulations to you. [Applause] [Applause] Now we are on to other business and my understanding is council member gibbs would like to make a motion. >> thank you, mayor. I move to place have public comment on pensacola moratorium to move it to before ordinances for second reading and preceding the public comment grant betty kerr, our director of historic preservation five minutes to present us with pertinent information. So moved. >> is there a second? >> all right. Council member gibbs moved. Council member plomin seconded. Are there questions or clarifications that anyone needs >> welcome Miss Kerr. >> thank you very much. I'll be very brief but I have been asked to give you just a bit of a tour, if you will, for what is, what constitutes the properties on nicholasville road that are part of your dialogue relative to the moratorium. This is, of course, get my click er going. >> could the clerk please start the five minute timer, please. >> so to give you just a bit of an arm chair tour, if you will, I'm only going to go through the nicholasville road facing properties that are part of the study area should the area be initiated for such but they are front edge of this historic neighborhood on nicholasville road so we are starting at the end toward cherokee park on what would be the right of your image and all the plats and the city directories and such, we haven't done the study so it's very preliminary but just know that all of this neighborhood and the stretch of nicholasville road, all these residential houses date to the 1920s, 30s, with two tore three from the 40s. And I'm not going to attempt to give you any in-depth history or architectural style. All that is yet to come as part of the study toward an h-1 designation consideration. But so starting just as I say at cherokee and whoops, we should back up a tad, I've walked it from toward the south so everything will be in a progression to end up at the end of the residential area and the neighborhoods territory towards southland drive. So you'll see that most of the houses have similar setback. They are a mix of architectural styles and they, if I went the right way, are also a lot of bungalow that is very apparent, but we are working our way towards suburban court and cross ing over from suburban court in a minute and we will get to a property that is a dentist office on the right in terms of memories of the street. That has been a dentist office for a long, long time so it's a commercial use in the midst of what is residential. The bungalow on the corner there at rosemont. You cross over rosemont. As you are aware, we are on the odd numbered side on the west you are well aware. Cross rosemont and arrive at a good stretch with a lot of two story four squares. The one on the corner is I think it's a duplex. And there are all these buildings you'll notice are very intact in terms of their character carrying on toward penmoken. The tudor, the bungalow styles and then as you get close to crossing over at penmoken, you'll find bungalow, the one on the corner and then next to that , the one with the stone wall, this is unusual in that it sits back a bit from the street seems to be in the territory of what might have been the old farm house area. Just walking it in the last few days I have been intrigued by it it's the only one in terms of the streetscape experience set back like that. Four square at the corner you are starting to the next block. Coming along further you get a really nice bungalow and a fascinating little tudor house by the way, but again I'm not here to talk all about the architectural heritage but it can't help but catch your eye. And then this is coming up to the corner and so this house on the right is before lokawana and then you see one of the 1940s house that is the more revival led style with the evergreens and then after that, you are coming right along towards toward goodrich and you are not there yet but there is an interesting I hopped past it but this is a duplex on your right and then another bungalow, of course coming up after that. >> Miss Kerr, your five minutes is over. >> good because I'm at the end of my tour. >> perfect. That was great timing. >> the last one you can key is a more contemporary era structure. Thank you. >> thank you so much. So we have a vote to move up public comment and I have that vote passed so I have several people signed up to speak and when you come to the podium, will you please say your name and address your the record? And for is r first is jacob wahlburn. You'll have three minutes. >> good evening mayor members of the council, jacob wahlburn 201 east main street suite-9s 0. Here on behalf of arcadia rental s llc owners of property at 1733 and 1737 nicholasville road. These are the two extreme northern border properties for I guess they were previously included in the moratorium, as it stands right now they're not in the moratorium but there May be an effort to bring them back tonight but since the letter, I stand by the arguments in the letter. I'll try to touch on a few things briefly what has become very obvious through this process is that the this h-1 initiation and moratorium were in response to an unpopular zone change on property that fronted nicholasville road. What some of you May know about me when I was previously employed by the urban county government two of my divisions were the board of architectural review and division of historic preservation. I like to think I understand a little bit about the h-1 process so I think it's very important to point out a couple of things. One, moratoriums are not an automatic part of the h-1 application process. This is a superfluous extra step that has been requested. The reason I know that is because I presided -- or aided and advised the boar during the ashland park process where no moratorium was implemented and I would caution you to contact your law department about inappropriately imposed moratoriums as I'm given to understand the urban county government has paid out six figure judgments when the moratoriums have been deemed inappropriate by the fayette circuit court. It has been said that h-1 and moratorium do not impact or detrimentally impact infill re development. I think that is a patently false statement. If you review the h-1 regulation s, you have to meet very specific criteria before structures can be demolished in order to achieve infill development. The moratorium expends tends that period to the time we have evaluated the h-1 application. I'm running low on time owe xylitol be brief. This is a corridor that sees 33 ,000 cars a day when you are being asked to maintain single family residences in the comp plan with greater density. I think it's hard to reconcile this effort with the goals and objectives with what this community has resoundingly said wanted as part of the comprehensive plan but most fundamentally my question is this. Council member gibbs and some comments reflected that the neighbors issue was not with in fill development but with poor design and I think we can certainly all sim thiedz with that. Why h-1 and why not nd-1 which would provide the same protection they're seeking without the requirement inhibiting demolition and infill redevelopment. We would ask that you would please leave our properties out of the moratorium. And I appreciate your time. >> mill I johnson. I found this poem and I want to read it to you. >> did you say you were not talking about the moratorium? >> right. >> this is just public comment for the moratorium. >> they told me it doesn't matter. >> it does matter according to the rules. >> when do I get to make mine... >> yours will be during the regular public hearing. The motion was to hear people commenting on the moratorium. >> I understand. >> thank you very much. >> I live at 9 goodrich. I'm giving my three minutes to other people that need more time to talk. >> you'll need to tell me who they are and where they are. Can you give me their names, please? >> steven boss. >> okay. And is there anyone else? >> no. Okay. You have nine minutes. >> my name is steven voss, I own the property at 162 goodrich avenue. I first moved into there 20 years ago and I've lived there all this time. In fact when I first moved there is when mayor gorton first ran for her council seat. I went to the first debate she had in our neighborhood. Thank you for having me mayor gorton and council members. >> that was a long time ago. >> I have been here a long time one reasons because this lovely neighborhood which I didn't want to leave. What I have been asked to do in advance of possible consideration of reversing the decision, 11th hour decision to exempt nicholasville road from the overlay, is to tackle a few of the myths that neighbors felt had come up during the debate last time with the hope that it would prompt some re consideration. The first thing that we view as a myth is the idea that the moratorium goes against the draft comprehensive plan. Rather we urge you to consider tapping on the brakes on the potential for demolition in the neighborhood area as a way to protect the integrity of the historical overlay study. If you can knock things down before the experts are able to to assess the merits of the historical overlay, that what is is being undermined by exempting nicholasville road. The second myth is the idea that nicholasville road is all commercial. Indeed as you saw with the hous ing tour and with this map, there is a whole stretch of residential properties on both sides of nicholasville road. Here there is also a church that supported the overlay. Now what this picture doesn't show you is what is not on the map. And, yes, it's true, much of what is, much of what is beyond that neighborhood is heavily commercial. So what I would urge you in thinking about the importance of that neighborhood and tapping on the brakes to wait and see the merits of the historical argument is to think about what someone driving from say nicholasville or getting off at blue grass airport and being driven around man o' war and brought to the university of kentucky, what they say of the community when they take that drive and what they see is yes, a whole lot of commercial and some of it maybe not too terribly attractive. And as someone who brings in guests that we are trying to attract to the university of kentucky who are judging this community, having that stretch of homes that tell people, there is a community here there are neighborhoods here. There are real homes and families who live here, that is invaluable to us as a recruiting tool and I hope it's something the importance of that relatively attractive stretch of homes, I hope the importance of that to whole city not just to the particular districts represented there will urge you to will convince to you have some caution and tap on the brake. Next myth is the idea is if you allow this moratorium, this temporary delay while the merits of the historical overlay gets assessed, you are giving neighborhoods away to undermine the the spirit of the comprehensive plan's emphasis on infill and redevelopment. This is not true. It's only a delay. Moratoriums have been given before and when they have been given all the streets within the area have been covered if the decision is made that a decision is made the moratorium goes away , nothing stops that infill development. It's a request to tap on the brakes for a little while until the experts can evaluate this neighborhood and decide whether it's important to the community. These are not historic homes, myth. As you can see from the map and the legend on the side, the majority of these homes in the pensacola neighborhood are 50 years or older. 80% are pre-1945. Now it's true this definition of historic doesn't involve huge mansions. These are... This is an historic area that is actually affordable , which is again something that helps us recruit starting professionals to this community but that doesn't mean it's historic because it's not giant mansions. Finally the myth is that there is too much underunilateral lies ed land along the nicholasville road corridor even if you view attractive lawns and spacious lawns as a waste, as land not being properly utilized it's not true that the homes along this stretch are being underutilized in a distinctive way. We have an example here of richmond road home and nicholas ville home and as the statistics show you when you look at the square feet of the home compared to the acres, the coverage above the house is roughly comparable across these neighborhoods. So I hope that in this comprehensive presentation that brought together the arguments of several of my neighbors, we've given you some grounds for reconsidering how important it is to rush that demolition along and not tap on the brakes. >> thump. >> jessica voight. [Applause] >> my name is jessica voight, I'm representing 1857 nicholas ville. He is in china and asked me to speak for him and I'm also representing my property 1859 nicholasville because since we are being owe omitted from the moratorium I felt there needed to be some representation for the nicholasville road corridor. I think it's important that a resident is set that if you take this out of the moratorium what does that mean for overlay. It seems like there has been a decision being made and I feel a little bit like we are discriminated against I I have lived at pensacola park for 25 years. Have I two points that I would like to make tonight. 34r0e parkings bounded by suburb an court through goodrich avenue and homes on the west side of nicholasville road between suburban and good rich. These homes on nicholasville road are part of our neighborhood they were built at the same time as pensacola park. The homes yards are adjacent yards on adjoining streets as are the rest of our yards. Just north of our neighborhood is the seven parks h-1 district. This historic district so designated in 1999 included nicholasville road. Our neighborhood deserves the same respect for the integrity of our neighborhood. Point 2: the comprehensive plan does not advance the notion of demolition densification at all cost. In fact, the plan states just the opposite, for example, place making policy number 9. Honor lexington's history by requiring new development and re developments to enhance the cultural, physical and natural ley sources that have shaped the community. Growth policy number 4. Promote the adaptive reuse of existing structures. The comp plan states sense of place provides a visible symbol of our heritage, a connection to the past and a source of pride. Historic buildings, significant rural landscapes and other place s have unique characteristics define the community and have qualities that are, in many cases, un definable. These buildings, neighborhoods and rural landscapes and other places are resources that are important to protect and preserve regards than cutting off the prospect of any future development, brandting pensacola park this moratorium and ultimately an historic overlay will encourage adaptive reuse and integration in the existing neighborhoods. Encouraging redevelopment of existing neighborhoods that meets professional standards assists neighborhoods and developers alike in coming together to integrate historic structures with new developments an h-1 overlay will assist in bringing the neighborhoods and developers together for better infill, redevelopment and adapt ive reuse. Tonight please support the moratorium including our section s of nicholasville road. Thank you. If you would please retrain from clapping or anything else like that. Thank you. Next up is carol m. Red mile road. >> does this give me permission to speak at the end of the meeting. >> you are not speaking on the moratorium? Is that correct? >> no, I have to wait. >> thank you, sir. Next is T.L. Weiss. Normally the council asks people who are -- he basically has given you his time but he is not here and he needs to be here. You can speak for yourself. >> Mr. Wise is in italy on vacation and has add asked me as his friend and apparently as a lawyer to read the statement for him. >> okay. Council? I'll need a motion if you want to give Miss Butcher too I am to let her read someone's statement >> it has been moved and second ed. All those in favor say aye. Anyone opposed? >> thank you, mayor, council members. As I said, this is a statement from T.L. Wise who is on vacation and cannot attend. He asked me to read this for him he has been corresponding with me via email and text. My friend, T.L. Wise is a lexington real estate broker and stands for private property rights. As a realtor for 42 years he has represented many homebuyers. It is the american dream to own your home and with that deed comes certain rights. Some neighbors in the suburbs have deed restrictions on use, home size, fencing and so forth. In the nicholasville road corridor, the neighbors enjoy less regulations and few deed restrictions. Property owners have the ability to make choices on how best to utilize their properties. Those are the considerations the rules and the deed when Mr. Wise bought 1855 nicholasville road in 1985. He has never filed a zone change and he did not ask for this attempt to by others to seize or restrict his property rights. Even though his mailing address is listed on the website he was not contacted about the proposed moratorium or h-1 overlay. He also believes most if not all of the corridor owners were not contacted. There wasn't any notice to those that were most affected. Many of the other corridor owners still May not know about this meeting or what has been proposed. Make no mistake, nicholasville road owners are the target of this moratorium and proposed h-1 overlay, a bald face add tempt to restrict private property rights and discriminate against those who May seek rezoning. This was in direct response to the zone change hearings on 1847 nicholasville road. If the corridor properties are so important to the h-1 overlay, why wasn't the moratorium attempted four months ago when some folks said they had meeting s to discuss the h-1 over lay. If the residents are so concern ed, so angry, why didn't they and council member gibbs -- why did they leave before the council session adjourned over two weeks ago. There are well over -- I heard a number 33,000. We had numbers of 60,000 cars a day whizzing by on this major artery into lexington from the south. As much as all of us wish it was , it was not part of the proponents neighborhood just because our property is are adjacent to theirs. We must protect lexington for horses, U.K., farmland and corridor redevelopment. Please do not condone the action s by a few to seize control of other people's property at the expense of our entire community now and in the future. Do not let the voices of the many who hatched this plot drown out the rights of the most affected. There are 400 homes in the moratorium area. Who knows if those neighbors know all about. This the 20 corridor owners most directly affected most do not know. Please do not let the number of emails of supporters that had notice urged by facebook blind your good judgment. Please continue to vote to exclude the corridor properties from the moratorium and h-1 over lay. >> thank you Miss Butcher. Next up is nathan billings. >> nathan billings with billings law firm. It is my pleasure to represent gray stone lodge l lc, the owner of 1739 nicholasville road. Limited time we are not going to solve this debate about whether or not there should be a h-1 overlay on the approximately 30 - properties in the nicholasville road corridor discussed tonight rather this is a primmer for what's going to be a much longer and more thorough vigorous debate regarding what is the future of lexington. What is the comprehensive plan going to say and how are we going to protect our historic areas? That is not an easy question. not an easy answer. With respect to this debate tonight, I have very limited time and in law school the first thing they taught us is approach every legal question with a simple framework called what is the issue, the rule of law, analysis and conclusion. Straightforward linear assess ment you can usually apply and come to the correct legal answer in every case. Tonight I submit to you if you apply a similar framework you will come to the conclusion that nicholasville road should be excluded from the moratorium zone just like you did two weeks ago I have a similar framework. Number one, let me say this before I begin with the myths. My statements tonight should not be intended at all to be a comment on whether h-1 is or is not appropriate. I was previously vice chair of the infill and redevelopment committee when mayor gray was the vice mayor. I served on the board of architectural review for four years. I'm currently renovating property on constitution that is a significant expense for the h-1 overlay and historic tax credit project. I'm committed to historic projects and historic preserv ation. I own mult multiple properties in h-1 overlay zones. My comments should not be construed or read to say it's against the zoning. It's to say this. Adding the nicholasville road properties in what is probably is a mistake this evening. the myth number one. That it could hamper the pensacola park's application to become a historic neighborhood. That is not true. Ciph read article 13, preserv ation guidelines and bylaws I was on the board of architectural review and none of that has to do with whether or not there is moratorium that affects that issue the moratorium is a party, no harm in a moratorium, any abrogation of property rights is a harm. This is unique because lfucg never had opposition. There is not a single case, not a single statute or ordinance that supports the moratorium along nicholasville road. My time has expired. >> phil. >> my wife liz beth and I reside at 128 rosemont garden. We are owners of that property. I am here tonight to show our support for the inclusion of the nicholasville road properties in the pensacola park moratorium. Seems like there May be a little bit of confusion regarding exactly what the moratorium covers all we are asking for is the abs tinnation of demolition and zone changes until the study is complete. That's it. This should include to exclude the properties on nicholasville road from this moratorium is an injustice to the neighborhood as a whole. These properties are an integral part of our neighborhood and the historical factory that it bring s to the city. This is not reflective of the comprehensive plan, which has been stated before nor 69 zone change on nicholasville road. This is about the moratorium and letting the study do its thing. Sometimes it's helpful to consider the other side of the coin when making an important decision. Please allow the due process of this procedure to take place. Vote to include the properties on nicholasville road in the moratorium. Thank you for our time. >> thank you. Carol halls. >> I'm carol halls and I live at 120 wabash drive. As a 25 year member of hunter presbyterian church and representative of hunter, the session which is our governing body has voted to support the h-1 overlay and has held several neighborhood meetings there. On a personal note, two weeks ago I took photos of tons of trash that are frequently lay outside of the 1907 nicholasville road rental and twice last year late in the year , April and either August or September, I picked up several bags of garbage because I can't stand the mess and I don't... I live about three blocks away from it. I'm guessing as rentals increase , so will the garbage that degrades our neighborhood. >> are you going to be speaking about the moratorium? >> yes. So I am in favor of keeping the moratorium and just to, so everyone can slow everything down a little bit. And last, francois at 143 goodrich. >> is that good? You'll have to state your whole name and address for the record. >> francois palmerleau. I have lived there for 13 years. I chose this neighborhood because I really liked the environment, the way it looked like when you come to the street and I just realized recently because all the work that jesse has done, that our neighborhood is really an old neighborhood, really historic and even the houses on nicholasville road, so I vote... Well I would like to support the h-1 overlay and also the moratorium but we need to include the houses on nicholasville road because they are historic. Thank you for your time. >> thank you very much. Tim condo. >> good evening mayor and council members. My name is tim condo with the bluegrass trust. We submitted an email to the council members earlier today. So I won't belabor the points made in that. I just want to reiterate that we think that the nicholasville road properties should be included in the moratorium. I would also like to comment on a couple remarks from tonight. The question of whether this should be an nd-1 versus h-1, I think that is irrelevant to the discussion right now. The neighbors have already met with the proper planning folks at the city and determined this was the best course of action. This is the will of the neighborhood and this is what they want and so we should respect their decisions in this process. And next there has been much said about the comprehensive plan and infill and re development is certainly the way to go for the city as a growth strategy moving forward. But also in the goals and objectives of the comp plan it mentions the importance of preservation of our historic resources. Those two things are not mutual ly exclusive. You look at the call for greater density along the corridors. That is needed certainly. It makes the most sense of where to put the density but there is also a lot of language about respecting in tact neighborhoods so not all infill redevelopment needs to be targeted right at the in tact neighborhoods and while the moratorium isn't specifically mentioned in chapter 13 of the zoning ordinance, it's a useful tool in this process. It allows us to pause and let the process play out and you've heard from many supportive members of the neighborhood let this play out and let so that we have the best information possible on which could base our decisions whether or not those properties on nicholasville road end up making it in the h-1 ultimately. We won't know that unless we have the best data to work with. >> thank you, Mr. Condo. That ends the list of people who wanted to speak to the moratorium. Council member gibbs. >> just one quick comment. The neighbors were very sensitive about our time and the point is simple. They don't want a lot of redundancy but I want to recognize people who came and chose not to speak and just came for support f. You came to support the moratorium, please stand so the council can see how many folks came out here and did not speak. Thank you, mayor. >> you can speak if you would state your name and address for the record. >> my name is merith gillespie. I've spoken a few times. I live at 164 pen motor vehicle en -- penmoken park. I've raised my daughter there. I have been there 36 years. Again, we are not against necessarily at all the infill. It's the way it's done and to properly integrate into our beautiful neighborhood. I have said time and again we are a working class neighborhood we are one of the most diverse neighborhoods you will find in this community and we want to preserve that. We feel by just, I know the initial plan is just an initial plan but what was presented was so out of character with our neighborhood on the corner of nicholasville road at penmoken, it really literally threw me for a loop that I'm still spinning from. I support the moratorium for nicholasville road as well as the rest of the areas obviously. I somewhat resented what the lady over here said. I understand she was talking for Mr. Wise. She does not live in our neighborhood. She does not have property in our neighborhood. She has spoken many times and she made the insinuation that we left early. I'm not familiar with all of this. I thought when our council memberman, we left because we were all done. I didn't know at the INth our another council member was going to throw something in to exclude nicholasville road and let two more developers try to get, I guess they are able now to get what they want to try to do as far as inlay development, which is, again, not what we are opposing. It's the type of inlay. It's to preserve our city. It's to preserve the uniqueness of our city. You are not going to find many areas that have was we have. You are just not going to find it. And I have been in this city 30 years. I was a social worker for 34 years with the city. I've worked the streets of this city at night until about 10 years ago. I retired seven years ago. It got a little bit dangerous with the gun violence where I stopped doing that. But I was never afraid to go anywhere and I resented the fact that someone said something about the boarding home there that it was a danger zone or something. That was another meeting and because 10 men live there. I've known many of those men and they have been wonderful and not trashed... I don't know. I pick up trash on our street also and I was the one who was picking up trash also on Mr. weiss' rental property. >> ma'am. >> I wish you all to consider the moratorium to take a pause and get more information, come to our neighborhood. Come visit us. >> thank you. >> is there anyone else who didn't get a chance to speak on the moratorium. You'll need to come to the podium and state your name and address for the record. good evening: my name is peggy williams I live at 123 penmoken park in a brick crafts man home built in 1925. As a grief counselor for the past 20 years, I have never, ever left an event early or a group early. Until tonight I feel I need to tell you 24 so you can understand the significance of my presence here at this meeting I have been involved with the local neighborhood meetings, but have not always attended the council meetings because I had every confidence in our dedicat ed and qualified neighborhood representatives those folks who were doing the research and trying to communicate our needs to the council, I also had a trust in a system in a process that would use this information that was provided by our representatives to make fair, reasonable and logical decisions until thursday February 7. That was the night when the council meeting somehow went awry between what we were understanding was happening, though I was not here and what happened somehow there was some diversion -- I don't have a word for it of the h-1 process. The process that council is responsible to protect for the citizens. I see my need to leave an event, grieving spouses to come and present to you. I am requesting the council accept the resolution for a re vote regarding moratorium on demolition and zoning changes for all of the proposed boundary area including the houses on nicholasville road. Those houses that are the gateway into our community and our neighborhood and they're the majestic anchors of that particular corridor. This moratorium should be in place until the overlay study is completed. It should seem logical and reasonable from my perspective that the overlay study will assist all the parties in making sound future decisions based on facts without the protection there could be a rush for demolition some of which May or May not prove to have significant historical value to lexington. The neighborhood and the citizen s of lexington deserve the respect of this protection which has been offered to other overlays in the past. >> you have five seconds. >> I would like to thank you for your support and consideration for the revote. >> jerry gillespie. I live with my wife merith. I have spoken at several meeting s I made some phone dahls so that you can have a face with a name and a voice for those of you who don't know who I am. I'm also looking at the board here seeing that we are studying tonight the second reading, which at my last meeting I was told would take place today on February 21; however, when our council memberman who presented this moratorium left the meeting and the neighbors in our area had spoken, again, as my wife stated, we thought our issue was done for the night so we left. After we left, I seriously questioned the timing and the motive for Miss Mosotti present ing the amendment that would alter the moratorium. I fully support the h-1 overlay. I support the moratorium. I also strongly request a revote and I meant no disrespect in those of you who received my rather stringent phone call. But it was reactionary in the sense that I did not and do not again understand the timing and the motive for that amendment. And I strongly advise all of you to reconsider your vote. And as I've stated many times, take more time to stud they issue. We do not oppose infill and/or development as long as it is appropriate and fits with the rest of the surrounding area. Again, I meant no disrespect but I was taught that you have to earn respect. It doesn't just come with the position. Eight of you received my phone call.: the two of you had did not get my phone dahl have earn ed my respect. >> my name is scott dwyer. I live across nicholasville road in the penmoken neighborhood. I'm in support for the moratorium because I think the terrible precedent is going to start on the entire block on both sides of the street. The first time one house is torn down, it's not going to stop at the next piece of property, the next piece and next piece of property until both sides of that street have no longer have homes on them and they're all businesses or randle shackle amounts -- ram shackle apartments that are cheaply built just for profit. We are concerned on our side of the street because there are several larger homes that are currently residential homes that people enjoy living on and in. Talk about 33,000 scars driving by our street every day but they want to put more people on that piece of property closer to the road. I think that's a flawed argument to say that the car traffic matters if you want to live on nicholasville road or not. Please support this moratorium because across the street we are concerned also with the development of our side of the street and what is going to happen with those pieces of property. >> so there are no others who wish to speak to the moratorium. >> can I make a real quick comment. I want to clarify one thing that Miss Butcher has repeated over and over. As part of initiating the h-1 process, we went around with with a patriot sheet to get the different property owners to sign sign up, if the property owner did not live there, I performly sent absentee ballots. I sent them personally to arcadia rentals. i sent an absentee ballot to the owners of the gray stone lodge, and to the owner of record of m r. Ellinger ears property. It was his mother. I sent her an absentee ballot. I wanted to clarify we have not tried to hide in I go from anybody. I made a big effort at my own expense to address nose letters and send them out to several people. Thank you very much. >> thank you all for coming and expressing your opinions. Council member gibbs, you would like to speak. >> yes, would I like to make a motion if it's okay. >> I'm a little stopped up can you make it loudly. >> what would I like to do, the issue we are talking about is number 17 under resolutions for second reading. And I was wondering if we could separate that out from the other resolutions and consider that first. >> should we do the ordinances first and then do that. >> I think it would be fine to do the ordinances first and then just know that so the public knows that we are separating it out at the time of second readings following the first reading and second reading of the ordinances. >> there are only a handful of ordinances. I agree with council member lamb we should go through those and then do number 17 first. >> so follow the order of the docket until we get to the second readings and then your motion would take item 17 first. >> right. >> I think we can vote on that motion now would that be okay? >> somebody else was logged in but is there anyone who wishes to speak? Okay. All right. We can go ahead and take the vote and then we'll follow the docket until we get down there to resolutions and we'll take the 17 first and by itself. All those in favor say aye. Anyone opposed? All right. That motion passes. So when we get to resolutions second reading, I'll ask the clerk to go ahead and read 17 first. Okay. So now we move on to second reading of ordinances. An ordinance changing the zone from a single family residential (R-1c) Zone to a planned neighborhood residential (R-3) Zone, for 0.525 net (0.737 gross) Acres, for property located at 1847 nicholasville rd. (Southern & jones properties, llc; council district 3). Approval 9-0 objectors (To be heard by March 2. 0159-19 an ordinance amending certain of the budgets of the lexington-fayette urban county government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, schedule no. 17. Thank you, mayor. >> thank you. Do I hear a motion to approve second readings. >> second. >> council member mossotti moved and council member plomin second will you call the roll please. >> Ms. Mossoti. >> yes. >> Ms. Plomin. >> yes. >> Miss Reynolds. >> yes. >> Mr. Worley. >> yes, sir. >> Ms. Bledsoe... >> Mr. Fred brown. >> yes. >> Mr. James brown. >> yes. >> Mr. Ellinger? >> yes. Ms. Evans? >> yes. >> Mr.Farmer. >> yes, sir. >> Mr. Gibbs. >> yes, sir. >> vice mayor kay. >> yes. >> all right. Ms. Lamb. >> yes, sir. >> Mr. Mccurn. >> yes, sir. >> Mr. Moloney. >> yes. >> thank you. Those ordinances pass. Now if you please give first reading to ordinances. Vi. Ordinances- first reading 3. 0174-19 an ordinance changing the zone from an agricultural rural (A-r) Zone to a light industrial (I-1) Zone, for 11.52 net (11.82 gross) Acres, for property located at 5301 athens boonesboro rd. (Ivcp athens, llc; council district 7). Approval 6-1 objectors (To 4. 0211-19 an ordinance amending certain of the budgets of the lexington-fayette urban county government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, schedule no. 18. 5. 0212-19 an ordinance a government to reflect current requirements for funds in the amount of $10 for the div. Of computer services from neighborhood development funds for a lexington-fayette county map for junior achievement, schedule no. 20. 6. 0175-19 an ordinance closing the unused rights-of-way known as old manchester st., old merino st., and old water st., as well as a portion of tucker st.; determining that the property owner abutting the rights-of-way to be closed has been identified, provided with written notice of the proposed closing, and consented thereto in writing; and authorizing the mayor, on behalf of the urban county government, to execute quitclaim deeds and any other documents necessary transferring the former rights-of-way to the abutting owner, subject to the reservation of easements and restrictions. >> are there any motions for walk ons or second reading to suspend the rules? Seeing none, will you take vote, please. Never mind. We don't need that. Did you wanted to speak now, council member lamb? >> we are getting ready to go to second reading, yes. >> so that means we are taking up number 17 at the beginning of of resolutions. Yes ma'am I would like to speak. >> you have the floor. >> thank you very much. The motion that was made -- >> excuse me for a second. Are you able to put 17 up there on the screen. Thank you. >> there have been a lot of conversations over the last couple of weeks about this amendment that we made well within our legal process at a council meeting on February 7 and I want to say this before I move forward because it really, it bothers me for people to insinuate that I personally made any malicious vote or did anything maliciously. It is just not true. Anybody that knows me personally does know that I don't do anything maliciously. We have received some of the most heinous emails and phone calls and I just have to state that this community can be respectful and express our concerns in a very respecful way and still get your point across in which I really try to do but I just have to state that part before I go forward until this past weekend, I had not heard any feedback from my constituents in the 4th district. On sunday night, I attended a southern heights neighborhood meeting that they had invited me to and they shared their concerns with me there the motion to exclude the nicholasville road properties. we had a discussion, we talked about what happened on the night of February 7 and and the process that took place that again was well within the rights of this council during a council meeting. So I am wanting to take this under consideration tonight so just for my my colleagues information blf we move forward under section 4.407 of our rules and procedures, we as a council can reconsider a motion from the last council meeting in this case it's the February 7 council meeting and to clarify that motion to reconsider it takes a majority of those that are present excluding any members who voted or had to recuse themselves which means that if there are 12 council members present, with the throoy that had to recuse, it would take seven votes to reconsider. I'm stating all of this because we do not have that many re considered and I want to make sure that my colleagues are familiar with this before I proceed. And if there are any questions that we can vet them. So tonight to allow for conversation to be had, on this motion, I move to reconsider the motion taken on February 7 to remove 1733-1916 nicholasville road, the odd addresses only. I move to reconsider that motion now. >> we have a motion by council member lamb second by council member plomin to to reconsider on number 17 is there any discussion. >> mayor, I'm not sure if this is the time to respond to some of the comments that were made in the audience or for me to go forward with my position. Is this the time right now? >> it's for the motion. >> council member worley. >> I think the clerk is already aware but for the clerk's benefit and the public, depend ing the outcome of this discussion, I'm recused. >> vice mayor kay. >> thank you, mayor. Before I speak, other council members who also need to officially notify the council and clerk that they are recusing if that would be appropriate. Then I would like to speak. >> are there others who want to recuse? You know, you are supposed to say why you are recusing according to the rules. >> I thought it was a continuation of the previous record but you are right, mayor, Mr. Wahlburn who spoke this evening is an associate in my law firm and a professional colleague outside of this chamber so to avoid a conflict of interest, I will be recusing. >> thank you. I appreciate it. >> council member evans. >> it would be the same but I believe that it was in council member lamb's motion that the explanation recused those who had previously recused but for everyone's information yes, I will remain recused on this. >> thank you. >> council member ellinger. >> I own the property at 1823 nicholasville road and I asked the law department if I should recuse. They said yes. It's not an abtension as report ed in the newspaper it was a recusal and needs to be stated that way. >> thank you very much. Is there anyone else who needs to recuse? So we have 12 council members who are eligible to vote vice mayor kay. >> thank you, mayor, again. I wanted to speak at this juncture really to follow up on what council member lamb said I was at the neighborhood meeting sunday night and let's just say that emotions ran high and I know that people are very concerned on both sides of this issue. And I, like a number of other council members have received or I've seen emails, mostly were not aimed at me because I voted other way but I would just like to say publicly what I said then I did not agree with that vote. I did not agree with it on substance and I did not agree with it on timing but I do not, in the least suspect the motives , the intention, the integrity of any of my colleague s. I believe they were doing what they thought was the right thing to do when they needed to do it I regret the optic optics and I really appreciate the motion to reconsider so that we can have a fuller discussion of this issue before so many of the people who have concerns about it. Thank you, mayor. >> thank you. Council member ellinger, did you need to speak? >> no. >> council member mossotti. >> thank you, mayor and to the neighbors who are attending this evening. I appreciate it. I did make the motion to amend council member gibbs motion on February 7. Imposing the moratorium on the zone map amendments and the proposed demolition for the pensacola park area. I clearly stated my concerns in the January 29 work session meeting and I stated it as well that evening, specifically my motion was to amend to exclude the properties located from 1733 -1915 nicholasville road as it was noted in the resolution. The odd addresses only. And I will repeat my reasons for bringing forth the amendment. Number 1: the urban planning commission voted 9-0 to approve a zone change for 1847 nicholasville road on December 13. Number 2: under theme a of the current goabs goals and objectives of our comprehensive plan it states support infill and redevelopment throughout the urban service area as a strategic component of growth. I certainly respect the neighborhood's position. And by no means was I trying to undermine it. I just disagree with including those properties. This was a democratic process not an underhanded move nor was there a motive. Nor any financial gain to be got ten as a result of this zone change. I've received emails that were horrific phone calls that were just hive I didn't respond to because they were discourteous and disrespectful. If you disagree, you disagree respectfully. That's how I operate my integrity has been questioned and I know anyone who knows me that I have been a neighborhood advocate ever since I have been on this council and that is the truth I'm so disappointed with the lack of civility, the dis respect and most of all the misinformation that has trans fired -- transpired throughout this process. Nicholasville road is a commercial corridor. It is the number one major re tail corridor in lexington. There are almost 60,000 cars that go through that day. According to our comprehensive plan, its goals and objectives, our focus is to increase density on the corridor. Most importantly, and I cannot emphasize this enough. If we are going to put restrictions on infill and re development, it is going to put undue pressure on the urban service boundary and that's something I don't support and many of us up here don't. We can't have our cake and eat it too. We can't say no we are not going to do infill and no we are not going to expand the boundary. So there has to be a compromise. Obviously seven of my colleagues fet the same way. Plain and simple. That was my reasoning. I believe this is the right way to proceed and it is in the community's best interest and I thank you for your time. That's all, mayor. >> we need to call for the question on that motion. >> there is one more person to speak. One more council member. You've called the question? >> my concern is if it's not on the motion, if council member moloney is not speaking on the motion... I just want to make sure we get the motion voted on before we proceed. >> Mr. Moloney took his name off so the motion on the floor is to reconsider number 17. So council member lamb has called for the question, which does take privilege over speaker >> the reason I called for the question is that the motion to reconsider, if we do not -- if that motion doesn't pass, then our conversation is not relevant to discuss and that's the reason that I did that you know the question on number 17. Do we vote on the call for the question? Council member bledsoe seconds. All those in favor say aye. Anyone opposed? Now sod on the motion on the floor, all those in favor please say aye. Want to have electronic so we can see it? Please register your vote. That motion passes 9 portfolio 3 -- 9-3. So we will we will have 17 come back up and if I can -- is keith ... Would you come back up? Since the motion passed, does that mean it comes back with the addresses added back in? >> no, you are back on the motion that was made by council member mossotti to remove the nicholasville road addresses. And to clarify when that amendment was made you removed the part that excluded a specific property that already went through a zone change process. 1847 nicholasville road. So you will vote again on whether or not to support council member mossotti's motion and that will determine the substance of number 17 it passed and now we have to have a motion to add back in the addresses that were taken out. Is that correct? >> you are reconsidering council member mossotti's motion. I'm a little stopped up. I apologize so her motion then is on the floor to be reconsider ed so vice mayor kay we'll have discussion. >> thank you, mayor. >> I want to address a couple of things there is a very large question before the council talk ed about in a number of different ways. That is property rights and whether someone has the right to do whatever they want with their property. And the short answer to that question is no we have a series of laws and regulations which this council passed, which have been passed at the state and the national level which regulate a lot about what is appropriate and not appropriate to do with your own property you can't take it down in a zone and put something up in there that does not belong in that zone. You can't let it deteriorate and I could go on so it's really not a question of one person's property rights in this particular case, I would argue that if the moratorium does not go into effect, the property rights of all of the people who have asked for this protection is put in jeopardy. And there is a further question, which this council will be or dealing with for a long time and that is how do the property rights of a neighborhood compare to the rights of the larger community as we work on this difficult issue of infill and re development? Our job as council is to weigh those questions. There is not a simple answer in this particular case, what the neighborhood is asked for is protection of their property while they go through the process of getting an h-1 over lay. That's the way I see it. Secondly, a lot of discussion about corridors. And it is true that the proposed revision of the comprehensive plan certainly emphasizes infill and redevelopment and certainly emphasizes car doors. But -- corridors. But lets be clear. There are corridors and there are corridors and there are parts of corridors and there are other parts of corridors. I don't believe anybody sitting here would believe that the intention in the comprehensive plan is to take the stretch of richmond road leading out of town and basically target it for redevelopment. That's not what it's about. If you go further out on richmond road, maybe there are opportunities. Same thing is true on nicholasville road. As has been pointed out, there are residential neighborhoods on nicholasville road and then there is a commercial area. our job as council members is to be to look at those questions. And in this particular case I think our obligation is no the to prejudge. We have been asked to provide protection for the neighborhood. They believe that the h-1 over lay protection should apply to all of the properties, including those on nicholasville road I believe our job at the moment is to provide that protection. It's not unusual we've done this before and then let's get the information. It May be as we go down the road that that particular set of properties are not appropriate for h-1 but we don't know that now. I would urge my colleagues to re consider the way in which they've thought about this and provide to vote down this amendment at this particular time. Thank you, mayor. >> council member gibbs. >> thank you, mayor. I think you'll understand that I would like to see this amendment voted down. I want to make a couple of comments about some of the public comment. I'm not out to malign lawyers. It just happened that everybody who spoke in favor of slicing off nicholasville road happened to be a lawyer in regard to Mr. Wahlburn's comments, and I've heard this from other people as well. They seem to blame the neighborhood for wanting h-1. Just knee jerk and so on but the fact is, I would expect in any case when a neighborhood applies for h-1 there must be some sort of precipitating event and they did have a precipitating event and it woke them up to the dangers of unrestrained development along the corridor. I don't think they should be blamed for that. They should be commended for understanding there is a problem and reactig to the problem. Mr. Wahlburn also said that a moratorium was superfluous and the reason he gave for that is because, if I'm not -- I'm not trying to misrepresent. Because there has not been a moratorium for all h-1s which is true but historically there have been moratoriums for four h-1s and in every case, the council granted them unsliced up, right? They granted them in tact. Mr. Billings, I really appreciate you served on the boar. I'm really glad have you property on constitution avenue. That has absolutely no bearing on your comments on representing gray stone lodge you represent them for pay and that's what you do and that's fine but doesn't give you special rights to talk about h-1 in my opinion. In regard to Mr. Wise's comments read by -- sorry, I forgot your name, there is no requirement for prior notification. What I did was not sneak. I followed the law. I tipped council off with advanced notice I was going to do it as dennis web very nicely portrayed the efforts to reach everybody I know the neighborhood did put out flyers. If you didn't know about the moratorium, have you to live under a rock what is it comes down to you called them and I can't-bg9 for everybody's behavior. Some people were rude I'm sure. But probably hundreds of people called contacted their council people in various ways. Should we ignore those people and listen to, again not to malign but all we have here are lawyers. Where are the citizens who live in this area who are opposed to the moratorium? There is not a single one. Just to reiterate a couple points I think are particularly important, vice mayor kay just made a couple of these, but you know, several people have made this point that we have to develop corridors and again there are corridors and there are corridors. Professor glasscock put this very nicely and this is a neighborhood we need to take a look at whether this corridor needs to be developed. We're not judging whether it is or not. We are asking for a study to judge to see if it should be protected. My opinion, like the vice mayor, there are corridors that should be developed. Winchester road, have at it. You know, south broadway, south of maxwell street, have at it. These places have plenty of room for redevelopment but richmond road? Professor voss did a very nice job of juxtaposing richmond road with nicholasville road which is under consideration. If we go along with the reasoning of some people here, coach cal better watch out because a lot of you know where coach cal's mansion is on richmond road. >> council member moloney. >> thank you, mayor. I just want to tell everybody why I voted the first time what I did we had an important zone change last year on tates creek road and I was really upset when we had to tear that house down and I'm not a big fan of tearing houses down but I commend the council member at that time, understanding that that is when the planning commission did and she had a public agriculture and by having the public hearing she made some recommendations to keep the character of the neighborhood always in tact so they will always build what is compatible to the neighborhood then that afternoon when we talk ed about this, the motion was made I did follow up with the other council members since I have not been able to talk to the council member from the third district. I asked the other council member s did the third district council member know that this motion was going to be made? They said sure. And I said is he going to be here? No, he isn't going to be here. I said well when I compare those two, that's the reason I voted the way I did the other day in the last 24 hours something that has come up that really disturbs me. You all put on here that you had a zone change. There were objections. I have been on this council a long time and everything that comes on nicholasville road has always had a public hearing. And public hearings 9-0 don't always mean you are going to lose. I'll give you one example. I had a council member in 11th district came to me and asked me I've got a low income neighborhood that has three people against 24 project and it's 9-0. I said go ahead and have a public hearing. We won 15-0. We override the planning. It bothers me that there was no public hearing on this property. When I sit here and hear everybody saying how important nat corridor is and you didn't get a chance to put that zone change? It changed my concern that we should have had that zone change and as a council members if would you have come to me, I would have requested that zone change. That's what I did in the 11th district and I think to me that's the biggest thing there are two sides to the story but I really commend you all for what you've done and you should be heard and you should have been heard in the zone change. I've always supported h-1. I think it's important to this community but I just want everybody to know why I voted the way I did and I hope it makes sense what I voted the way I did. So that's why I'm asking for, I think the council member mossotti should not have been abuse what happened to her. She did the right thing. She told the other council members what she was doing and I compare that with that zone change that happened on tates creek and I saw the similarities and I didn't hear in ib complain about it and it really concerns me so in the last 24 hours I've really been upset what I heard, that you all did not get to speak on the zone change. >> there was some confusion. I want to clarify that. I was not aware that the motion was going to be made although council member mossotti asked me what I thought of a motion, some like that. I was kind of upset about something else and I was getting ready to leave. I apologize. I work very hard on this job but I do have a wife and I was meeting my wife for valentine's day. I would not have left if I had known it was going to happen. There was a miscommunication and I'll take the blame in regard to council member moloney's comment s, it seems to ring a bell of I asked, I'm not going to call them back up again but I asked director duncan if the neighborhood could have likely gotten what they wanted in the zone change hearing and the answer is no. What they want primarily are things like changes in design. There is no mechanism to do that . I stand by my statement and I hope the neighborhood feels the way I did. If some people disagree with me, that's fine. I don't personally, I don't think we should have zone change hearings for every zone change especially when the vote was 9-0 but I'll stop right there. Thank you. We have 12 votes and that motion failed 8-4. Or I guess technically it's 4-8. So now I think we need a first reading do we not? First reading with new language. >> a resolution... 96 through 171 goodrich avenue, 1855-1859 norfolk drive, 101-177 pen penmoken park. Wabash Dr.; directing the div. Of planning to refuse to accept or process applications for a zone change and directing the div. Of building inspection to refuse to accept applications for demolition permits for these properties; establishing the purpose of this moratorium is to give the planning commission and the urban county government time to consider and take final action on an h-1 overlay zone application to be initiated by the planning commission for these properties; and setting the duration of the moratorium to be six months or until the council takes final action on the proposed pensacola park area h-1 overlay zone, whichever event occurs first. >> thank you very much. Vice mayor kay. You're signed up to speak. >> thank you, mayor. >> I want a motion to suspend the rules. We have had a number of conversations about this issue. And I am not going to push this but I would like my colleagues to consider suspending the rules and giving second reading tonight to this resolution and I will make that motion right now. >> motion was made by vice mayor kay and second by council member james brown to suspend the rules and give second reading to number 17 and that will require 10 votes. To give second and suspend the rules. So council member brown, did you have a question? >> yes, he just read the 17, but he didn't include the nicholasville road addresses. >> he did include them. >> I missed that. I didn't see it up there. >> the law department handed him the in you motion. >> but you did read the nicholasville road. So the first motion hive now we are in the first motion stage which was actually the original way back a month ago. >> right. So right now is the motion is to consider. >> to suspend the rules and that requires 10 votes. All right. All those in favor of suspending itself rules please say aye. We probably ought to log in electronically again. There should be one more person to vote. That motion fails because 5-7 it did not receive 10 votes so the second reading will be, what's our next date of our next council meeting that's when the second reading will be. March 7 this will come up for second reading. Thank you very much I think we are at second reading of resolutions. except number 17. 1. 0142-19 a resolution ratifying the probationary civil service appointments of: russell mehnert, engineering technician principal, grade 518n, $23.510 hourly in the div. Of engineering, effective March 4, 2019 and rita evans, administrative specialist, grade 513n $19.889 hourly in the div. Of fire and emergency services effective March 4, 2019; ratifying the permanent civil service appointment of: jose diaz pena, heavy equipment technician grade 516n, $21.004 hourly in the div. Of facilities and fleet management, effective February 6, 2019; and ratifying the unclassified civil service appointments of: brionna ashley, public works apprentice, grade 504n, $13.000 hourly in the div. Of streets and roads, effective February 25, 2019, terrance jackson, public works apprentice, grade 504n, $13.000 hourly in the div. Of water quality, effective February 25, 2019, quinton dixon, public works apprentice, grade 504n, $13.000 hourly in the div. Of waste management, effective February 25, 2019 and demarcus wingate, public works apprentice, grade 504n $13.000 hourly in the div. Of waste management, effective February 25, 2019. 2. 0158-19 a resolution amending appendix a-rules and procedures of the lexington-fayette urban county council by creating section 1.100 providing for a statement of inclusion; effective upon passage of council. 3. 0003-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute facility usage agreements with various youth baseball and softball leagues granting the leagues the right to use lfucg baseball and softball fields and facilities for the 2019 spring and fall seasons.] 4. 0077-19 a resolution authorizing the div. Of water quality, on behalf of the urban county government, to purchase a chlorine gas feeder for the town branch waste water treatment plant, from jags environmental, inc., a sole source provider, and authorizing the mayor, on behalf of the urban county government, to execute any necessary agreement with jags environmental, inc., related to the procurement, at a cost not to exceed $20,858.44. 5. 0078-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute a memorandum of agreement with new lexington clinic, P.S.C. To allow new lexington clinic, P.S.C. To make improvements to the picadome parking lot in exchange for use of thirty five (35) Spaces in the parking lot, at no cost to the government. 6. 0086-19 a resolution establishing playground plastics as a sole source provider for custom plastic lumber and hardware for the div. Of parks and recreation, and authorizing the mayor or her designee on behalf of the urban county government, to execute any necessary agreements with playground plastics, related to the construction and maintenance of the shillito playground at a cost not to exceed $125,000. >> excuse me. I don't think anyone can hear the clerk reading. Can you please take your conversations outside. We need to be able to hear the clerk. Thank you. 7. 0088-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to accept a grant from marathon petroleum corporation, which grant funds are in the amount of $5,000, for the purchase of firefighting equipment for the div. Of fire and emergency services, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. 8. 0090-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute a catering contract with the hyatt regency lexington, for catering services for the senior intern alumni luncheon, at a cost not to exceed $5,500. 9. 0104-19 a resolution establishing and authorizing a price contract for fiscal years 2019 and 2020 with harp enterprises, inc., as a sole source provider of voting machines and any related maintenance equipment, supplies and services for the fayette county clerk' s office, and authorizing the mayor or her designee, on behalf of the urban county government, to execute any necessary price contract(S) With harp enterprises, inc., related to the procurement of these goods and services. 10. 0105-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute change order no. 1 to the agreement with herrick co., inc., for the west hickman waste water treatment plant scum removal addition and ash tank no. 3 cover project increasing the contract price by the sum of $44,202, from $1,389,000 to $1,433,202. 11. 0116-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute a memorandum of understanding with 15. 0120-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with crispin porter & bogusy, llc, as authorized agent of domino' s pizza, llc accepting a donation in the amount of $5,000 for the purpose of completing pothole repairs as part of the paving for pizza campaign. I would like a motion to approve second reading. >> so moved. >> council member bledsoe moved, council member plomin' seconded. Call the roll, please. Ms. Mossoti. >> yes. >> Ms. Plomin. >> yes. >> Miss Reynolds. >> yes. >> Mr. Worley. >> yes, sir. >> Ms. Bledsoe. >> yes, sir. >> Mr. Fred brown. >> yes, sir. >> Mr. James brown. >>. >> Ms. Evans. >> yes. Mr. Ellinger. >> yes, sir. >> Mr.Farmer. >> yes, sir. Mr. Gibbs. >> vice mayor kay. >> Ms. Lamb. >> Mr. Mccurn. >> yes, sir. %-`p>> Mr. Moloney. >> yes. >> thank you. Those pass. Will you please give first reading of resolutions. 18. 0149-19 a resolution accepting the bid of iron armour, llc, establishing a price contract for wavetronix detection cabinet interface equipment, for the div. Of traffic engineering. 19. 0166-19 a resolution accepting the bid of wastequip, establishing a price contract for open top containers (Rebid), for the div. Of waste management. 20. 0181-19 a resolution accepting the bid of dtc computer supplies establishing a price contract for media storage tape cartridges for the div. Of computer services. 21. 0182-19 a resolution accepting the bid of keystone manufacturing, llc >> excuse me. We have lost our quorum. If you could please stop reading we need 10 people. There we've got a quorum. Thank you. 22. 0100-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute change order no. 1 to the agreement with judy construction co., for the town branch waste water treatment plant primary digester complex improvements project increasing the contract price by the sum of $53,958.58, from $9,746,750.00 to $9,800,708.58. 23. 0107-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute contract modification no. 3 to the agreement with gresham, smith and partners, for additional town branch commons corridor design services, increasing the cost of the contract price by the sum of $8,164.00, from $3,115,654.39 to $3,123,818.39. 24. 0123-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute and submit various grant applications to the ky. Transportation cabinet, to provide any additional information requested in connection with these grant applications, and to accept these grants if these grants are awarded, which grant funds are in the amount of $783,576 (($392,000-fhwa planning), ($48,400-federal transit administration section 5303), ($144,392-mobility office (Slx)) ($123,592-air quality (Slx)), ($75,192-bike/ped planning (Slx))) Federal funds, and are for fy 2020 transportation planning activities, under the unified work program, the acceptance of which obligates the urban county government for the expenditure of $171,393, and authorizing the mayor to transfer unencumbered funds within the grant budget. 25. 0126-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an internet service contract with qx.Net to increase internet speeds at the Dr. Samuel brown health center, at a cost not to exceed $1,995 in fiscal year 2019 and $4,788 annually thereafter. 26. 0128-19 a resolution establishing kraus associates, inc. D/b/a ak associates, as a sole source provider of telephone technology and equipment manufactured by solacom technologies inc. And execom logging recorders, for the div. Of enhanced 911 and authorizing the mayor or her designee, on behalf of the urban county government, to execute any necessary agreements with kraus associates, inc. D/b/a ak associates, related to the procurement of these goods and services. 27. 0133-19 a resolution approving, pursuant to krs 67.720 and section 22-55.1 of the code of ordinances, the bond with surety of donald w. Blevins, sr., county judge/executive, in the amount of $10,000, and directing the div. Of risk management to record the bond with surety, along with a certified copy of this resolution, in the office of the fayette county clerk. 28. 0135-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute an amendment to the agreement with the fayette county commonwealth attorneys' office, extending the period of performance through June 30 2019, adding $20,178 federal funds and reducing local matching funds by $17,452, at no cost to the urban county government. 29. 0139-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with cumulus broadcasting to provide rounds of golf at golf courses owned by the urban county government at no charge in exchange for radio advertising for the golf courses. 30. 0148-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute a multi-year lease agreement with xerox corporation ltd., for a printer, including upgrades, equipment supplies, and maintenance services, for the div. Of computer services, at a cost not to exceed $25,640.68 including a per copy charge of $0.0064. 31. 0155-19 a resolution approving and adopting substantial amendments to the 2014, 2015 and 2018 annual action plans decreasing funds for the single family housing rehabilitation program ($247,689.05) And reallocating those funds to the meadows-northland-arlington public facilities project ($247,689.05), and authorizing the mayor to transfer unencumbered funds within the grant budget. 32. 0171-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with allegro dance project inc., ($1,730) For the office of the urban county council, at a cost not to exceed the sum stated. 33. 0200-19 a resolution ratifying the permanent classified civil service appointments of: nicholas thornton, equipment operator, grade 510n, $15.547 hourly in the div. Of streets and roads, effective January 9, 2019, sandra lopez, administrative officer sr., grade 526e, $3,025.82 biweekly in the dept. Of general services effectiv June 11, 2018, christopher litton, project program manager, grade 527e, $3,375.68 biweekly in the dept. Of general services, effective January 9, 2019, teresa grider, administrative officer, grade 523e, $3,175.68 biweekly in the div. Of facilities and fleet management, effective December 11, 2018, edward facilities and fleet management, effective February 6, 2019, and joshua evans, social worker sr., grade 516e, $1,610.56 biweekly in the div. Of youth services, effective February 27, 2019. 34. 0201-19 a resolution authorizing the div. Of human resources to make a conditional offer to the following probationary classified civil service appointments: erik martinez, accountant, grade 516n $19.869 hourly in the div. Of accounting, effective March 4, 2019 starla williams, clerical assistant sr., grade 507n, $13.486 hourly in the div. Of accounting, effective March 4, 2019, phoebe belew maintenance mechanic, grade 515n, $19.643 hourly in the div. Of water quality, effective March 4, 2019 and christopher jones resource recovery operator, grade 513n, $17.148 hourly in the div. Of waste management, effective upon passage of council; authorizing the div. Of human resources to make a conditional offer to the following probationary community corrections officer appointments: nathan price, john horner, brandon purnell shanique gordon, guner albertson, sammy haygood, briana lewis, tyler gillispie, connie longhany, hannah gibson, suzanne whipkey, vincent longhany, danny hudnall, maya zakharia allisha grey, tiani patton, stephen legere, all community lexington-fayette urban county div. Of community corrections, effective upon passage of council; authorizing the div. Of human resources to make a conditional offer to the following probationary sworn appointments: jake bailey, bradan smith, colette cole, kristi mcintosh, connor sands michael dick, jesse ahern, miranda maifeld, samuel price, alison winters, jessicaentenmann, hunter kennedy, rachael curnutte, vita kasko, wesley sharp alexander arnold, nick edge, trenton hurlburt, garland poteet david stitsinger, michael tarlton, dustyn skinner, aaron hamby stewart russell, dallas damron, john beath, emilee sizemore john mcfaull, ryan proctor, and bobby hoskins, all police officer recruit, grade 311n, $19.351 hourly in the div. Of police, effective April 15, 2019; and authorizing the div. Of human resources to make a conditional offer to the following unclassified civil service appointments: austin white, public works apprentice, grade 504n, $13.000 hourly in the div. Of water quality, effective March 4, 2019 and scott luallen, overdose prevention project coordinator, grade 519n, $24.276 hourly in the dept. Of social services, effective March 4, 2019. 35. 0208-19 a resolution expressing the lexington-fayette urban county government' s opposition to senate bill 163, relating to the acquisition of water or sewer utilities by investor-owned utilities. 36. 0094-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute a safe place site agreement with arbor youth services, inc., allowing the family care center to be designated as a safe place site, at a cost not to exceed $150. [Div. Of social services, ford] 37. 0160-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to accept a grant from the ky. Education fund for handicapped children, which grant funds are in the amount of $10,000 commonwealth of ky. Funds, are for therapeutic recreation activities and programs for disabled persons and the acceptance of which does not obligate the lexington-fayette urban county government for the expenditure of funds. 38. 0178-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement awarding a class a (Neighborhood) Incentive grant to friends of wolf run, inc., for stormwater quality projects, at a cost not to exceed $62,391.20. 39. 0179-19 a resolution authorizing and directing the mayor, on behalf of the urban county government, to execute supplemental agreement no. 2 with the ky. Transportation cabinet, for the acceptance of additional federal funds in the amount of $400,000 for the utilities phase for the brighton trail pedestrian bridge project, the acceptance of which obligates the urban county government for the expenditure of $100,000 as a local match. 40. 0180-19 a resolution authorizing the mayor, on behalf of the urban county governmnt, to execute an agreement with professional recovery consultants, inc. (Awarded pursuant to rfp 35-2018-debt collection services), and any other necessary documents, for performance of debt collection and related services, at a cost based upon a seventeen and eighty-five one hundredths percent (17.85%) Contingency fee on amounts collected. 41. 0190-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with tuskegee airmen, inc. ($750), for the office of the urban county council, at a cost not to exceed the sum stated. 42. 0163-19 a resolution amending section 2.102 of appendix a-rules and procedures of the lexington-fayette urban county council to require that chairpersons and vice-chairpersons of standing committees attend parliamentarian training within a year of being selected, as organized by the council office; effective upon passage of council. Are there any motions for walk ons? >> try to sign in mayor. Thank you, vice mayor. I move for second reading on numbers 32. >> walks on. I don't think there are any. Okay. Then motions for second reading. >> just eager to get the second readings. Motion for second reading number s 32 and 41. The ndfs so moved. >> motion and second. Discussion on the motion? All those in favor say aye. Motion carries. >> thank you, vice mayor. Move to have a second reading on number 21 motion and second. Any discussion on the motion? any opposed. Motion carries. >> I want to spend the rules for item number 34 on behalf of the administration to move some of the personnel hires more quickly >> second. Please say aye. Any opposed? That motion carries. I see no one else signed up for second reading so Madam Clerk. 21. 0182-19 a resolution accepting the bid of keystone manufacturing, llc establishing a price contract for eru rifles, for the div. Of police. 32. 0171-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with allegro dance project inc., ($1,730) For the office of the urban county council, at a cost not to exceed the sum stated. 34. 0201-19 a resolution authorizing the div. Of human resources to make a conditional offer to the following probationary classified civil service appointments: erik martinez, accountant, grade 516n $19.869 hourly in the div. Of accounting, effective March 4, 2019 starla williams, clerical assistant sr., grade 507n, $13.486 hourly in the div. Of accounting, effective March 4, 2019, phoebe belew maintenance mechanic, grade 515n, $19.643 hourly in the div. Of water quality, effective March 4, 2019 and christopher jones resource recovery operator, grade 513n, $17.148 hourly in the div. Of waste management, effective upon passage of council; authorizing the div. Of human resources to make a conditional offer to the following probationary community corrections officer appointments: nathan price, john horner, brandon purnell shanique gordon, guner albertson, sammy haygood, briana lewis, tyler gillispie, connie longhany, hannah gibson, suzanne whipkey, vincent longhany, danny hudnall, maya zakharia allisha grey, tiani patton, stephen legere, all community lexington-fayette urban county government page 9 urban county council docket February 21, 2019 corrections officer recruit, grade 110n, $15.384 hourly in the div. Of community corrections, effective upon passage of council; authorizing the div. Of human resources to make a conditional offer to the following probationary sworn appointments: jake bailey, bradan smith, colette cole, kristi mcintosh, connor sands michael dick, jesse ahern, miranda maifeld, samuel price, alison winters, jessica entenmann, brynne adams, taylor merideth hunter kennedy, rachael curnutte, vita kasko, wesley sharp alexander arnold, nick edge, trenton hurlburt, garland poteet david stitsinger, michael tarlton, dustyn skinner, aaron hamby stewart russell, dallas damron, john beath, emilee sizemore john mcfaull, ryan proctor, and bobby hoskins, all police officer recruit, grade 311n, $19.351 hourly in the div. Of police, effective April 15, 2019; and authorizing the div. Of human resources to make a conditional offer to the following unclassified civil service appointments: austin white, public works apprentice, grade 504n, $13.000 hourly in the div. Of water quality, effective March 4, 2019 and scott luallen, overdose prevention project coordinator, grade 519n, $24.276 hourly in the dept. Of social services, effective March 4, 2019. 35. 0208-19 a resolution expressing the lexington-fayette urban county government' s opposition to senate bill 163, relating to the acquisition of water or sewer utilities by investor-owned utilities. 41. 0190-19 a resolution authorizing the mayor, on behalf of the urban county government, to execute an agreement with tuskegee airmen, inc. ($750), for the office of the urban county council, at a cost not to exceed the sum stated. 42. 0163-19 a resolution amending section 2.102 of motion to approve. >> second. Madam Clerk please call the roll ms. Mossoti. >> yes. >> Ms. Plomin. >> yes. >> Miss Reynolds. >> yes. >> Mr. Worley. >> yes ma'am. >> Ms. Bledsoe. >> yes. >> Mr. Fred brown. (Inaudible). >> Mr. James brown. (Inaudible) >> Mr. Ellinger? >> yes ma'am. >> Ms. Evans. >> yes. >> Mr.Farmer. >> yes ma'am. >> Mr. Gibbs. >> yes. >> vice mayor kay. >> yes. >> Ms. Lamb. >> Mr. Mccurn. >> yes ma'am. >> Mr. Moloney. Thank you, that vote reflects passage of the motion. Allows us to move to communications from the mayor. Information only. Next would be we do have discipline issue. >> good evening. The discipline before you is on wednesday December 52018 allegation was made that sergeant daniel flesher violated general order 197302 j disciplinary procedures. Operational rule at fault collisions. At the conclusion of the investigation, the employee met with chief lawrence weathers has accepted a written reprimand and two weeks of home fleet suspension. recommendation discipline has been approved by the public safety commissioner ken armstrong. >> move to accept. >> motion and second. Any discussion on the motion? Motion carries. >> vice mayor unless I missed you have some communications from the mayor that you all need to vote on number 9. >> you all have some communications from the mayor that you need to vote on under number 9 on your docket. >> move approval. >> second. Motion an second. Any discussion on the motion? All those in favor please say aye. Opposed? Motion carries. Thank you. That brings us to announcements anybody have an announcement? Seeing none that allows us to move to public comments and we have two people who had signed up previously first would be lil ly miller johnson. >> good evening mayor gorton and vice mayor kay and all members of the council I'm going to read a poem and then address some things. This is black history month and I'm not -- I'm giving a little thing to myself, my birthday is in the in excouple of days. And so I want to make sure that I address stuff that really needs to be addresses first of all the poem is look at the people. Look at the people looking back at you. Did you see the real people smiling just for you? maybe I would like to be a people just like you. But I can see that people don't really look at me and you. Look at the people looking back at you do they see what you see? Every place you look sometimes there are people looking back at you when you run a red light or turn a corner, even though some people keep looking at you, I keep wondering am I the people or are you? And what I came up with is I also took constitution 101 and we the people of the united states in order to form a more perfect union established justice, ensured domestic tranquility, provide for the common defense promote the general welfare and secure the blessings of liberty to ourselves and our prosperity. The constitution, this preamble sets everything for the rest of the constitution and everything that the amendments and everything under the constitution comes from this pre amble I want to stress the first amendment and I implore you to look it up. And also the 14th amendment. These are very important amendments for peoples rights and ability to move around in the community how can you belong unless you accept each other. And see what we are the people. We are the people. And we have long since lived off of leaders like martin luther king, mahatma gandhi, malcolm x, these leaders gave us a footprint to follow and that is what their legacy is. They left us a way to deal and work with each other. >> Miss Johnson. >> and by standing in the gap, we want to look, I guess. >> your time has expired. If you could wrap it up, that would be fine. >> I want to you look into your heart, it's in your heart, what comes, what is in your heart comes out of your mouth and that's how you look at me and every other person. Just for the grace of God there goes I. Thank you. >> carol. Name aaddress please. There niez to be letter lextran bus service that would provide transportation to the transit center. There are no buses in operation the closest bus stop going downtown is on versailles road or south broadway. That takes approximately 15 or 20 minutes to walk from where I live. There are a lot of college students and working class people who live on red mile road and need to have reliable transportation. When classes at the university of kentucky are not in session, it's harder for people to travel to the downtown area. I am a U.K. Healthcare volunteer worker and depend on lextran bus service and need to have access to my job in the downtown and the downtown area. Always I'm a veteran of the united states navy and have appointments at the V.A. Medical center leestown division. Now the lextran has stopped service to leestown road for red mile road, it is harder for me to travel. Basically there needs to be adequate bus service all year round on red mile road in order for people to have access to the% downtown area. 24 would help students in and