Music Thank you. I'll call to order the Lexington Fayette Urban County Council meeting for January 18th, 2024, and we do have a quorum. So I'll ask our clerk to please call the roll. Council member Plumman? Here. Council member Reynolds? Here. Council member Savigny? Here. Council member Sheehan? Here. Council member Worley? Yes, ma'am. Vice Mayor Wu? Yes. Council member Fred Brown? Here. Council member James Brown? Here. Council member Ellinger? Yes, ma'am. Council member Elliott Baxter? Yes, ma'am. Council member Fogle? Yes. Councilmember Gray? Present. Councilmember Legree? Here. Councilmember Lynch? Present. And Councilmember Minares? Here. Thank you. All right, thank you. We have a quorum and I'd like to welcome to the podium Judge John Tackett, our 22nd Judicial District, Division 5 judge. And he's going to offer our invocation. Thank you so much. Of course. Would bow your head in prayer. Dear God, as we gather today, in reflection of Dr. Martin Luther King, Jr., days after his celebration, we seek wisdom, compassion, and unity. Let us be of the same spirit as Savannah Peters, a bright young student from Morton Middle School, who in her award-winning essay, read Monday morning, expressed, unity is the foundation of community connection and without unity we have no community. Ms. Peters reminded us all that to benefit to become unified is not to eliminate our differences but to learn to celebrate those differences while also discovering how those differences may bring people together. We pray that this city council will come together to act in a unified manner to serve all of Lexington's people. We hope their actions reflect the values of justice and equality befit the dream Dr. King so passionately shared. Guide this council to build a city that embraces diversity, provides earnest assistance to the least of these, and works towards a future where all voices are heard. Amen. Amen. Thank you very much, Judge Tackett. Thank you. Thank you. All right, we have minutes from November 28th, Zone Change Public Hearing, and December 5th, 2023, and December 7th, 2023, Council Members, Council Meetings. So I'll entertain this motion to approve, and we have a second from Council Member Sevigny. Are there any questions about any of those minutes? All right, all those in favor say aye. Aye. Anyone opposed? All right, that motion passes and I'll ask our clerk when she's ready to go ahead with first reading of ordinances. Item 1, an ordinance changing the zone from a highway service business B3 zone and a single family residential R1B zone to a medium density residential R4 zone for 5.24 net, 7.71 gross acres for property located 2200 Old Paris Road and 2324 Paris Pike, Joyland Crossing, LLC, Councilor District 12. item 2. An ordinance changing the zone from a professional office P1 zone to a neighborhood business B1 zone for 0.613 O net 1.04 gross acres for property located at 1617 Clay's Mill Road, Clear Optics LLC Council District 10. Item 3. An ordinance changing the zone from a mixed low density residential R2 zone to a neighborhood business B1 zone for 0.15 net 0.176 gross acres for property located at 760 and 762 Florence Avenue, Black Soil, Our Better Nature, LLC, Council District 2. Item 4. An ordinance changing the zone from an agricultural urban AU zone to a plain neighborhood residential R3 zone for 13.075 net, 15.479 gross acres for property located at 5447 Tate Creek Road, Turner Management, LLC, Council District 12. item five an ordinance in the zone for a medium density residential r4 for zoned for a downtown frame business b2a zone for 2.143 net 2.63 gross acres for property located at 201 207 209 211 215 221 225 227 231 and 235 east maxwell street and 245 247 and 251 stone avenue stravroff land and and Development Incorporated Council District 3. Item 6. In ordinance amending certain of the budget, the Lixin Fair Urban County Government to provide funds for general fund reallocation projects and appropriating and reappropriating funds, Schedule Number 33, Item 7. In ordinance amending certain of the budget, the Lixin Fair Urban County Government for appropriations in various projects from American Rescue Plan Act, ARPA, State and Local Recovery Funds and General Fund Capital Project Funds and appropriating and reappropriating funds, Schedule Number 31, Item 8. In ordinance amending certain of the budget, the Lexington Fair Urban County Government to reflect current requirements for municipal expenditures and appropriating re-pubing funds fiscal year 2024, Schedule number 30, item 9. An ordinance amending starting the budgets of the Lexington Fair Urban County Government to reflect current requirements for funds in the amount of $15,092.66 to provide funds for council capital projects and the divisions of parks and recreation and traffic engineering and appropriating re-pubing funds, Schedule number 32, item 10. An ordinance amending the authorized strength by abolishing one classified civil service position of administrative specialists, grade 516, and creating one classified position, civil service position of police intelligence specialist, grade 515 and all in the division of police effective upon passage of council item 11. an ordinance admitting the authorized strength by abolishing one unclassified civil service position of social services coordinator grade 520e and creating one classified civil service position of social social services coordinator grade 520e all in the division of community and resident services effective upon passage of council item 12. an ordinance admitting section 414a2 of the code of ordinances of the lake sanfair urban county government to clarify the definition of vicious dog as including any dog that has bitten a human being or animal excluding wildlife without provocation item 13. in order submitting the authorized strength by creating one classified position of administrative specialist principal grade 520 and in the department of housing advocacy and community development effective upon passage of council item 14. in order submitting the authorized strength by creating one classified civil service position of attorney grade 526e in the in the department of law effective upon passage of council item 15. an ordinance admitting the authorized strength by creating two unclassified positions of overdose prevention project coordinator grade 519 and creating one unclassified position appears to support specialist grade 516 and all in the division of fire and emergency services effective upon passage of council in item 16. an ordinance admitting the authorized strength by creating one unclassified position of administrative specialist grade 516 in the office of the mayor effective upon passage of council thank you thank you very much are there any walk-ons council are there any motions to suspend the rules and give second reading all right i see none so before we go to first reading of resolutions council member reynolds has a motion thank you on behalf of the administration I move to remove from tonight's docket item 26, legislature number 41 through 24 under resolutions first reading, and that is about Tiger Grant funds. Is there a second? Second. I think I heard Council Member Savigny. Do you all have any questions? All right, all those in favor say aye. Aye. Is anyone opposed? All right, that motion passes. Thank you very much. And now it's time for first reading of resolutions. Item 1. A resolution ratifying the permanent classified civil service appointments of Wendy Dixon, customer account specialist, grade 512N, 18.164 hourly in the division of Lexco, effective December 26, 2023. Ashley Lindsay, revenue compliance analyst, grade 518N, 25.039 hourly in the division of revenue, effective January 3, 2024. Jeffrey Springer, the skills trade worker, grade 5, 15 and 21.04, eight hourly in the division of streets and roads effective December 12, 2023. Christopher Garnett, equipment operator senior, grade 515 and 23.504 hourly in the division of streets and roads effective December 5, 2023. Edward Bass, Jr., public service worker senior, grade 5, 10 and 17.199 hourly in the division of streets and roads effective December 12, 2023. Marlon Santiago Algorand, public service worker senior, grade 5, 10 and 18.361 hourly in the individual streets and roads effective November 15, 2023, Kirby Caldwell, public service worker, grade 508, and 16.381 hourly individual waste management effective December 5, 2023, Dacabee Burnett resource recovery operator, grade 515N, 22.364 hourly individual waste management effective December 12, 2023, Troy McDermott, public service worker, grade 508, and 16.660 hourly individual waste management effective December 12, 2023, Tyrell Sparks, public service worker, grade 508N, 16.443 hourly individual waste management effective December 5, 2023, Joseph Bond Public Service Worker, Grade 508 and 17.325 hourly in the division of waste management effective December 12, 2023. Tyrus Day, resource recovery operator, Grade 515 and 21.627 hourly in the division of waste management effective December 5, 2023. Eric Todd, code enforcement, officer Grade 517 and 24.578 hourly in the division of code enforcement effective November 15, 2023. Alicia Lyle, Human Resources Generalist, Grade 524E, 2927.44 biweekly in the division of human resources effective December 19, 2023. Elizabeth Thompson, Administrator, Grade 518 and 28.092, Hourly in the Division of Aging and Disability Services, Effective October 24, 2023, Lauren Breeding, Social Services Worker, Grade 516E, 3958.58, Bi-weekly, in the Division of Family Services, Effective December 5, 2023, Cecil Thomas, Custodial Worker, Grade 506N, 15.986, Hourly in the Division of Facilities and Fleet Management, Effective December 20, 2023, Hunter Jones, Public Service Worker, Grade 508N, 16.143, Hourly in the Division of Facilities and Fleet Management, of january 10 2024 and justin shelton fleet parts specialist grade 5 12 and 19.599 hourly in the division of facilities and fleet management effective uh january 17 2024 and ratifying the permits foreign appointments of cody mcgowan police sergeant grade 315 and 41.300 hourly in the division of police effective december 5 2023 and meredith taylor police lieutenant grade 317 e 4278.10 bi-weekly in the division of police effective december 5 2023 item 2. A resolution amending resolution number 307, 2023 to authorize and direct the mayor on behalf of the government to execute an agreement with the TAPCO view of robotics for road weather information system modems at a cost of $10,100. Item 3. A resolution authorizing mayor on behalf of the government to execute statement of work number 7 with the cooperative personnel services DBA CPSHR consulting for fire captains and fire major promotional processes for the Division of Fire and Emergency Services at a cost to see $149,250. Item 4. A resolution authorizing Director Mayor on behalf of the government to execute a memorandum of agreement with Kentucky Solar Energy Society Incorporated for Professional Services related to the Solarized Luxembourg program for the Division of Environmental Services at no cost to the Urban County Government. Item 5. A resolution authorizing Director Mayor on behalf of the government to execute a partial release of easement releasing a portion of sanitary sewer easement on property located at 2401 Richmond Road. Item 6. A resolution authorizing the mayor on behalf of the governor to execute certificates of consideration and other necessary documents and to accept deeds from owners of record for property interest needed for the plain view trunk sewer project and remedial measures project required by consent to create a cost to exceed $18,600. Item 7. a resolution authorizing director mayor behalf of the county government to execute a contract with fiat county public schools for preschool education related services for the 2023-2024 academic school year for the family care center at no cost to the urban county government item 8. a resolution authorizing and directly on behalf of the county government to execute a release of claims agreement with sergeant paul hogan for the care of retired canine ness item 9. a resolution authorizing the mayor on behalf of the government to execute a license agreement with the lexington center corporation to host an annual kitty caper spring recital at the lexington opera house at no cost to the urban county government item 10. a resolution authorizing the mayor on behalf of the urban county government next year an agreement awarded class a neighborhood incentive grant to friends of wolf run incorporated for storm water quality quality project that cost not received fifty three thousand twenty dollars item 11. a resolution authorizing the division of police to purchase integrated ballistic identification system safeguard warranty and protection plan from forensic technology incorporated sole source provider and authorizing mayor on behalf of the mechanic of next year in any necessary agreement with forensic technology incorporated related to the procurement at a cost not to exceed nineteen thousand seven hundred and sixty seven Item 12. A resolution authorizing mayor on behalf of the mechanical government to execute an agreement awarding Class A neighborhood incentive grant to Sunny Slope Farms Homeowners Association Incorporated for a stormwater quality project at a cost not received $54,450. Item 13. A resolution authorizing mayor on behalf of the mechanical government to execute an agreement awarding Class B infrastructure incentive grant to fit county public schools for stormwater quality projects at a cost not received $70,660. Item 14. A resolution authorizing mayor on behalf of the mechanical government to accept a $500 grant from the Kentucky American Water, American Waters Fighting Firefighting Support Grant program for purchase of personal protective equipment for the division of fire and emergency services to the exception which does not obligate the urban county government to the expenditure of funds and authorizing mayor to transfer adequate funds within the grant budget item 15. a resolution authorizing director mayor on behalf of everybody going to accept a grant from the kentucky energy and environmental cabinet in the amount of 164 664.46 for the continuation of the litter abatement grant funding program for fayette county for calendar year 2024 the exception which does not obligate the urban county government to the expenditure of funds and authorizing mayor to execute any necessary agreement with the Kentucky Energy Environment Cabinet related to this grant and further authorizing mayor to transfer any current funds within the grant budget. Item 16. A resolution authorizing and direct the mayor on behalf of Urban County Government to accept an award from the Bluegrass Area Agency on Aging and Independent Living for $6,360.88 in federal funds under the Title 3B of the American Rescue Plan Act for the Lexington Senior Center, the extent to which does not obligate the Urban County Government to the expenditure funds and authorizing mayor to execute any necessary any any agreement related to these funds and authorizing mayor to transfer undercover funds from the grant budget item 17. a resolution amending resolution 486 2023 to reflect a grant to reflect a grant award from the lake san fay county health department of 469 418 dollars in federal funds including 38 176 enhanced 740 american rescue plan act funds and 51 635 and 741 mch grant funds and 241 734 in commonwealth the Kentucky funds for a total of $711,150 for the Home Network Project, also known as Kentucky Health Access Nurturing Development Services, hands for the Family Care Center for FY2024, the exception of which does not obligate the urban county government to the expenditure funds and authorizing the transfer of the grant budget, item 18. A religion authorizing the director of the mayor on behalf of the urban county government to accept an additional award from the Lexington County Health Department of $78,000 in grant funds and the maternal, infant, and early childhood home visiting program for the Home Network Project, also known as Kentucky Health Access Nurturing Development Services, hands for the Family Care Center for FY2024, the extent of which does not obligate the urban county government to the expenditure of funds and authorizing mayor to transfer adequate funds in the grant budget, item 19. A resolution of authorizing and directing mayor on behalf of urban county government to execute and submit a grant application to the Kentucky Division of Water, which seeks $150,000 in common with the Kentucky funds under the 2024 section 319H grant program for the West Haikman Watershed Project for the Division of Environmental Services to provide any additional information requested in connection with this grant application and to accept this grant if awarded, the extent of which obligates the urban county government to the expenditure of 100 000 as a local match and authorizing mayor to train for undercover fund within the grant budget item 20. a resolution authorizing and directing my behalf of the county government to execute professional services agreement with kayla keeping bethany logden angela wallace megan maxim kristen beers and maria and marinda beasley as sexual assault nurse examiners to provide on call forensic examinations and services under the sexual assault nurse examiner program for for fiscal year 2024, Ida Costa received $68,136.72, item 21. It was an authorizing and directly on behalf of the mechanic government to execute an agreement with an interpersonal frequency pursuant to RFP number 36, 2023, for services to allocate and provide ongoing maintenance and support for secure and resilient cloud infrastructure for hosting Lexington Fair or mechanic government's public website, Ida Costa not to receive $167,950 in fiscal year 2025, and further authorizing the mayor to execute any document related to any future renewals of such agreement subject to sufficient funds being appropriated in future fiscal years, item 22. In relation to authorizing on behalf of the governor to execute an agreement with the love to ride for professional services for the Lexington area MPO to increase bicycling in Lexington and to cost up to see $29,695.723. In relation to authorizing on behalf of the governor to execute an agreement and accept a grant of $103,367.98 in federal funds from the Kentucky Department of Military Affairs Division of Emergency Management under the FY2024 Emergency Management Assistance Program for the Division of Emergency Management in order to support emergency preparedness activities in Fayette County, the system which obligates our government to the expenditure of $125,000 as a local match, and authorizing mayor to transfer undergrant funds within the grant budget, item 24. It was in authorizing the Division of E-9-1 to purchase access to the database of phone numbers from iConnective LLC, a sole source provider and authorizing mayor on behalf of the government to execute any necessary agreement with iConnective LLC related to the procurement a cost not received six thousand dollars item 25 a resolution authorizing mayor on behalf of beginning government to accept an award of medicaid settlement funds in the amount of 141 789.58 from the lexian fiat county health department for the fy20 home network program also known as kentucky health access nurturing development services hands at the family care center and further authorizing the mayor to execute any necessary documents related to the acceptance of these funds item 27 a resolution authorizing directly on behalf of the county government to execute an amendment to the agreement with the University of Kentucky Research Foundation, UKRF, for the provision of evaluation services for the barrier-free re-entry and recovery initiative under the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration for the Consolidated Appropriations Act 2022 to extend the period of performance to September 29, 2024 and increase the contract price by an amount not to exceed $29,346. And 28, a resolution changing the property street names of 2038 Altamont Court to 2035 Altamont Court and changing the street name and property address number of 2368 Professional Height Drive to 126 East Lauer Lane and 2350 Winchester Road to 2501 Sir Barton Way, all effective 30 days from passage, item 29. A resolution authorizing the division of engineering to purchase construction phase support for town branch improvement project from Strand Associates Incorporated, a sole search provider, and authorizing the mayor on behalf of every county government to get an necessary agreement with Strand Associates Incorporated related to the procurement at a cost to receive $100,000. Item 30. A resolution authorizing the mayor on behalf of every county government to execute an agreement with Atlantic Emergency Solutions for purchase of one new Pierce Enforcer Aerial Truck at a cost to receive $1,512,563. and item 31, a resolution authorizing and direct the mayor on behalf of the Army County Government to execute an extension agreement with Securus Technologies, LLC, FKA, Securus Technologies Incorporated for telephone and tablet services for the inmate population at the Division of Community Corrections effective through March 31, 2024 at no cost to the Army County Government. Thank you. Thank you very much. Are there any walk-ons, council members? All right. Are there any suspensions to give second reading? No? All right. Next up, if I could have a motion please to approve communications from the mayor. So moved. Thank you, Councilmember Fogel, second Councilmember Gray. Are there any questions? All right, all those in favor, please say aye. Aye. Is anyone opposed? All right, that motion passes. Next, you have communications from the mayor, which are the price contracts. If I could have a motion, please. So moved. Vice Mayor Wu moved. Council Member Plumman seconded. Are there questions? All those in favor, please say aye. Aye. Anyone opposed? All right, that motion passes. Next, Council Members, you have a few pages of information for information only, and those are positions and that brings us to disciplines and we do have a fire discipline so chief jason wells will lead us through that welcome chief thank you mayor good evening i have one discipline for you this evening on friday october 13th 2023 an internal allegation was made that firefighter jonathan taylor 49880 violated udg 1.11 late tardy awol at the conclusion of the investigation the employee met with me and accepted a written reprimand this is firefighter taylor's first documented offense of udg 1.11 and stems from the failure to report on time to an overtime assignment firefighter taylor has been employed with us since october of 2012. thank you council member reynolds moved council member baxter seconded council members do you have any questions for the chief all right all those in favor of approval say aye is anyone opposed all right that motion passes thank Thank you, Chief. All right. And that brings us to announcements. Council members, do you have any announcements? Log in, please. I thought maybe you did them all on Tuesday. Council member Lynch. Couldn't resist. Thank you, Mayor. I just wanted to lift up that January is National Human Trafficking Prevention Month. just to encourage everyone in our community, if you see something, please say something. Just to share my story regarding human trafficking. One evening I was at the nail shop getting my nails done, and a young woman who looked to be maybe in high school age came into the nail shop and was trying to ask people to buy a calendar. And she looked, it was raining that day, she didn't have a raincoat on, She didn't look like a teenager should look. And it was just weird for her to be out by herself, coming to, she was literally going door to door in that shopping center trying to sell these calendars. And so I got my nails done and I left. Then I went to go get some gas, the gas station that was very close by. And I saw her again and then I saw a few other young girls who looked to be teenagers as well. was still raining they did not have any raincoats on and they were all selling these calendars and they were approaching people at the gas station asking if they would sell these calendars the binders that they had were completely identical and it's something in me just said this is not right something's going on here and so it looks like labor trafficking to me and I just kind of drove around the complex after I got my gas and saw other young girls with that same binder approaching shoppers as they are going in and out of the grocery store asking them if they wanted to buy a calendar so then I knew this is labor trafficking so I called the 1-800 number the national number and it was very easy the person answered the phone asked me some specific questions about what I saw what I witnessed what time of day where so they can contact our local authorities and initiate an investigation. So I encourage everyone, when you're out and you see something, especially children, if you feel like it could be a human trafficking situation, a labor trafficking situation, just make the call. Don't hesitate, just make the call. If something in your gut is really bothering you about what you're seeing, just make the call. Be that good Samaritan because you're going to save a life more than likely. So the number, if you don't have it, is 1-888-373-7888. Human trafficking happens every day in our states, in our community, and it's not going to stop if we're not vigilant and be willing to speak up when we see it and notice it. Thank you, ma'am. Thank you. Anyone else have an announcement? All right, I see none. So that brings us to public comment. We have several people signed up. and the way this will work is that when i call your name you'll come to the podium over here and for the record you need to restate your name and your council district and then you'll have three minutes a buzzer will go off to let you know your time is up so first up we have bob reilly followed by wes rowe just so you know how to queue up welcome my name is bob riley i want to thank you for the opportunity to speak my business partner is a district 5 resident i do not live actually in lexington i work for riley oil company it's a family partnership we've been operating in fayette County for over 40 years. On behalf of Raleigh Oil Company, I respectfully request you vote no on the discriminatory provisions in the proposed amendment to ZODA 23. We operate three motor fueling locations in Lexington, and at the minimum, we want you to not take any action or vote no. Businesses like mine, significant tax revenues are an essential part of the Lexington and Fayette County critical infrastructure. We're very concerned about several proposed amendments to Zota 23 that will negatively affect our business because they specifically and unfairly target fueling locations like ours. These amendments will greatly limit the construction and offering of future gas stations and disincentivize growth without justification, rational basis, or consideration of cost benefit analysis for the public. A clear unintended consequence of these changes is the greater risk posed the Lexington residents during times of disruption and crisis to address, to assure diversity and redundancy of reliable fuel sources and convenient access to these needed fuel sources. Loca fueling locations from neighborhoods and major corridors they support will negatively impact traffic flows in all zones causing long lines at existing stations Likewise forcing citizens to drive further for refueling options will increase traffic volume overall ultimately the eventual absence of essential fueling locations in populated areas Will create fuel deserts in many parts of lexon faye county We've all seen the difficulty this week that electric vehicles are having in many parts of the country due to the cold weather. Buyer electric vehicle chargers specifically exempted throughout the proposed amendments. It is discriminatory to businesses like ours for government to encourage the use of one product type and prohibit another. We need diversity in our ability to power our vehicles and an equitable approach to offering products to customers that is inclusive of many fuel and energy types based on what the marketplace demands, not what the government mandates. Customers should be given the right to choose how and where they fuel their vehicles. We serve this community and help ensure our customers have reliable fuel sources and convenient access to that needed fuel. Without question, our business is adamantly opposed to these proposed changes and we believe they unfairly target our industry. We strongly urge the council to vote no on the proposed changes to this ordinance. It's a local small business and an important component to Lexington's critical infrastructure. Sir. We appreciate the council. Thank you very much. Thank you. Our buzzer didn't work. Next up is Wes Rowe, and Wes will be followed by Brian Clark. Welcome. Good evening. Appreciate the opportunity to speak for you. I, like Bob, am concerned about the ZODA 23 legislation. My name's Wes Raub, born and raised in Fayette County, I've lived here 45 years, and I work for E-Step Energy, an E-Step Friendly Shell, which has been a local company here in Lexington for over 50 years. We remit significant tax revenue to this community. We participate heavily in many, many charitable schools, organizations in this community. and we're very concerned about the limitations that zota 23 could put on our potential growth in the community which we care about deeply you know we own and operate chain of convenience stores five of them are in fayette county you know we provide services to customers many hours out of the day when the grocery stores aren't closed or the weather's inclement or covet hits you know we're still open we provide a backbone to many of our citizens patrons friends services to them. The Zota 23 legislation seems discriminatory and aimed at our industry. There seems to be some conflicts with some of the language in there about laws that we already have on the books. For example, the amplified audio ordinance in Zota 23 is in direct conflict with the fire code that exists in the state of Kentucky. Frankly, no one likes the microphones at convenience stores. We don't either. That's required by law. Another thing that just seems a little bit out of ordinary in this is why a thousand feet? Is a thousand feet, has that been through studies or is that just an arbitrary number that we've kind of assigned to this dealing? With all that being said, I strongly encourage the council to vote no or at least take no action and dig a little deeper into this provision before we enacted our community. And I'd like to yield the balance of my time to Brian Clark. All right, thank you. Brian will have a minute nine, I think, from the previous speaker. Okay, Brian Clark, welcome. And after Brian will be Carlisle Clark. And so you'll have, if I figure this right, four minutes and six seconds. Welcome. Thank you, Mayor. Thank you, Council Members, for the opportunity to speak tonight. I'm Brian Clark, Executive Director of the Kentucky Petroleum Marketers Association, and we're located headquartered here in Lexington and in District 10. KPMA supports more than 120 businesses with 2,000 jobs in Fayette and Lexington alone, providing approximately $171 million in taxes collected, and our member businesses are part of Lexington's critical infrastructure and are your constituents. You should be in receipt of formal comments on ZODA 23-6 that we send to each of you. I'm here tonight because there are significant concerns and potential legal impacts with the proposed amendments. KPMA hopes the information provided in our letter dated January 10th as new evidence demonstrates these amendments are not ready for primetime and action by this body. Formal comments contained in our letter supplement my comments here tonight as part of the record. Consumers value the right to choose where they eat, what they drive, and where they fuel their vehicles. This proposed ordinance clearly seeks to limit where Lexington residents can buy gasoline throughout the city and the county for the future. We are opposed and disappointed that Lexington is considering prohibiting the construction of new retail fueling locations in Zone B1 and the new CN Zone. This is discriminatory. Further, it impedes the consumer's right to choose how to fuel their vehicles. We are concerned that fueling facilities constructed in Zone B3 will be required to space 1,000 feet apart, which is more than three football fields. This is excessive and without justification. In meetings with staff, statutory requirements were referenced when in fact none requiring a thousand feet exist. This raises the question, where are the traffic studies that demonstrate or support this requirement? We are concerned about prohibiting amplified outdoor audio in zones B3 and B6P. In fact, this is in conflict, as Wes said, with existing law and Kentucky code for all new fueling facilities which are required to have communication at the dispenser. In B3 and B6, the ordinance would limit the number of traditional vehicle fueling spots at fueling facilities. We believe this is clearly government overreach. Yet, EV chargers are specifically exempted from these rules. An owner is prohibited from building a convenience store that offers gasoline and traditional fuels to the public in B1, but the owner could build a store that is the same look, size, features with a sea of ev chargers without restrictions look at these two photos legally and aesthetically how can this body say that one is any different from the other these changes will result in unintended consequences and have negative effects on our community's critical infrastructure and in turn the driving public any action that limits the product offerings of one industry for the benefit of another constitutes government overreach and is discriminatory. The proposed amendments in Zota 23-6 specifically and unfairly target fueling locations in Lexington and Fayette County and will negatively impact these businesses, which are your constituents. As backbone businesses in this community, we want Lexington to grow, be successful, and be able to access federal dollars for improvements in our community. However, this body should identify and consider other ways to reduce carbon emissions that don't compromise critical infrastructure and or harmful essential small businesses. We don't want what is known as fuel or food deserts where a parent can't find bread or milk at late hours or a commuting worker a reliable way to fuel their vehicle. Lexington residents deserve the right to choose how to fuel their vehicles and your local businesses deserve better. We strongly urge the council to remove these provisions of concern from Zota 23 or vote no. On behalf of KPMA and our members, we appreciate the Council's consideration of these concerns and acknowledge an action to resolve them. Again, thank you for the opportunity to be acknowledged and speak for the record. Thank you. Next is Carlisle Clark, followed by Emma Curtis. Welcome. Thank you for allowing me to address the Council. My name is Carlisle Clark, and I reside in district 3 here in lexington i'm here to comment on the proposed zota 23 amendments i'm an administrative district supervisor for clark's pump and shop and my family owns john w clark oil company which is a large gas supplier in kentucky west virginia and ohio we currently operate eight stations in lexington and supply an additional six stations in lexington during the last 10 years we have continued to grow and develop in the lexington area in order to provide clean competitive and safe options for citizens to obtain fuel in the lexington market i think anyone who has visited our locations would agree they are clean friendly and convenient as a female resident all of these factors are very significant to me my grandfather originated this business as a small business in kentucky which has grown to a large enterprise and a driver of economic prosperity in the commonwealth he was never satisfied with gas stations which were not clean and friendly. We remain a family business dedicated to being the best that we can be. However, the Lexington ordinance is attacking our livelihood and attempts to threaten the jobs of the 850 employees of our organizations. Small business is the backbone of our economy and we cannot understand the attempts to limit our ability to do business and give back to our communities. In fact, our companies continuously donate and financially support Kentucky communities and their projects especially those benefiting children we are not the enemy we are the friend of lexington and our customers in the lexington area our companies believe this ordinance amendment will only increase driving time create congestion at existing gas stations and force citizens to travel further than they would have otherwise the amendments are arbitrary and unrelated to health education or welfare the population of lexington alone is approximately 43 times that of the number of reported electric vehicles in the entire state therefore it cannot improve the quality of life for citizens of lexington to prohibit and limit gasoline stations as the b3 amendments there are no similar restrictions and spacing on any other principal use type for zone b3 theoretically unlimited numbers of nightclubs or bars could be side by side in zone b3 but not gas stations we also believe that the proposed amendments violate the Commerce Clause by prohibiting gas stations in B1 zones while allowing EV charging facilities as an accessory use. Existing gas stations are prohibited from expanding the number of locations for refueling but may create new EV charging facilities. Lastly, Lexington's proposed zoning ordinance amendments will effectuate partial takings on potentially all automobile service stations in neighborhood business B1 zones. Landowners had a legitimate supported belief that they could own and operate a gasoline station and install as many pumps as permitted pursuance to the zoning ordinances in effect at the time that they purchased their property the proposed ordinance is arbitrary and clearly meant to affect the ability of gasoline station owners like my family to conduct their business and support the economy of kentucky and the city of lexington on behalf of my family's business and its employees i urge you to vote no on the proposed ordinance changes thank you very much next is emma curtis followed by katherine perkins Welcome. Thank you, Mayor. My name is Emma Curtis, and I live in the 4th Council District. I'll keep my comments brief. I would simply like to state for the record my gratitude for Councilmember Lynch and Councilmember Sevigny for their presence at our state capitol to testify on Senate Bill 25 and House Bill 18, two pieces of legislation that would impede this council's ability to enact policy at the local level on behalf of the people of Lexington. I was lucky enough to witness their thoughtful passionate and detailed testimonies firsthand both yesterday and this morning and for those who weren't present or watching the live stream committee hearings i highly encourage you to go to the ket website and watch their testimonies for yourselves you know it's not uncommon for some folks to hold the belief that our different levels of government local state and federal should operate entirely independently and out of conversation with each other the reality is that our different levels of government exist in conversation with each other regardless of whether the individuals who hold elected office at each level choose to actually partake in conversations with each other. When our elected officials do come to the table and engage with their counterparts in different legislative bodies, it only helps all involved better serve their constituents. Regardless of what course our state legislature decides to chart with these two pieces of legislation, Council Member Lynch, Council Member Savigny, thank you for leading by example and engaging in these conversations. That's all. Thank you. Thank you. Next is Catherine Perkins, followed by Patty Dross. Welcome. Sometimes they don't stick very well, do they? They don't stick well at all. My name is Catherine Perkins, District 12, District 6, and District 1. I live in 12, but I am Joyland Neighborhood Association's Vice President, and I wanted to first apologize to all of you for not acknowledging you properly yesterday. I get a little nervous sometimes. We can thank that horse that may have kicked me in the head, but may not have. It might have just stepped on me. But I want to thank you, Juan, for allowing me to speak yesterday and granting or voting to give us a public hearing. And thank you for the job that you do and for coming together to try and fix a lot of the issues in Lexington. And I just don't get a chance to tell you that. and I didn't know what this meeting was about, but I know I can't talk about what I want to talk about, so I'm going to talk about what a great job some of you are doing. And my emails to you, Council Member Fogel, bounce back. I don't know why. So if you block me, unblock me. I'm just saying. I try to include you, Hannah. Really, I do. Is it tfogle at lexingtonky.gov? No, I'm doing L-E, not E-L. Do we have a new communications person, Ray? We'll get that straight down. Okay. Well, and I don't know your aid, so I'll figure that out. But thank you very much for what you do. And also, I do say that I've been in contact with a gentleman who is trying to create a text amendment, and he's not getting any help to create one. And I feel that what he's asking for is very just, and that's for loudspeakers and lighting and all that to be allowed conditional use. next to his farm and it's keeping him up all hours of the night and things like that and so I think we need help some of us in the public to get things done properly but things like that to me should be automatically not allowed that we shouldn't as citizens have to worry about someone setting up a playing field building our next door to us and then drowning us out until all hours. Thank you. Thank you. Thank you very much. And I think, has the council taken up the noise ordinance yet? No. They are going to be talking about that. So thank you very much. Next is Patty Dross. I don't know if you have any of these available, they're watching these available, so I also thank you all, please. Okay. Thank you. I appreciate you. And that concludes our list of public comment. So I'll entertain a motion to adjourn. Thank you. All those in favor, say aye. We are adjourned. Stay safe out there. I'm sorry.