April 2009 Council Meeting Minutes

April 2009 Minutes

The Woodlawn Park City Council met on April 20 2009, at Woodlawn Park City Hall. Present were Mayor Tim Robertson, Attorney Matt Carey, , Council Members, Scott Horn, Sherry Hyde, George Langford, Greg Claypool, and Doug Watson, Treasurer Charlie Veeneman and City Clerk Chana Elswick. Council member Christian Seidt and Chief Jim Carter were absent.

The meeting began at 7:31 pm.

Mayor Tim Robertson asked if any guests would like to approach the Council. Linda Ledford of 4406 Kinloch Road stated she had called and emailed Council. She was surprised that the Church was using Kinloch as an entrance. She thought they wanted to use Ambridge, but had been blocked by Council. She did not like the lack of communication from the Council and the Church. She explained that Kinloch was a gathering place in the neighborhood and there were 7 children on the block. She presented a petition signed by the residents of the 4400 block of Kinloch stating they want the gate to be kept close, except for emergency access only. Ed O’Neill stated he read about the Church in the newspaper. He is concerned about the gate. He came to express his concerns. He stated the gate had been opened recently and does not see the need for it to be open. He wants the street to be a dead end. A resident at 4409 Kinloch is upset with the process. The landscape architect for the Church wanted to erect screening on his property. The hearings times had been rescheduled to times he could not attend. He stated he bought the home because he thought it was a dead end street. He wants the street to be kept closed. Greg asked if the gate encroached in his property when it was open. The resident stated it did encroach on his property. He stated his survey shows it is on his property and opens into his yard. Greg asked if he was moving the gate off his property. The resident stated not yet. Tim stated that Kinloch is not a dead end street. A resident stated it did have a sign years ago. Linda Ledford stated she had spoken with Artis and he said the gate was opened for preschool traffic because parents could not get to their children. She stated she had seen construction trucks on Kinloch. George stated he had opened the gate to allow the truck to turn around. A resident stated his primary concern was the gate being open for certain circumstances then it will be opened arbitrarily, and the City be told afterwards. A resident stated that preschool traffic had been let out onto Ambridge.

The council reviewed the minutes for the March 16, 2009 Council Meeting. Sherry made a motion to accept the minutes for the meeting. Doug seconded the motion. . All voted aye and the minutes were accepted. The council reviewed the minutes for the March 9, 2009 Special Council Meeting. Sherry made a motion to accept the minutes for the meeting. Doug seconded the motion. . All voted aye and the minutes were accepted.


Charlie Veeneman gave the Treasurer’s report. He stated the City is ¾ of the way through the year. Rental license have 5 left to collect, 2 are from the prior year, and 3 are for the current year. He stated the City is over the budgeted amount of insurance tax collected, with 1 more quarter to collect. He stated that the trash collection was being charged at the wrong rate. It will be within the budgeted amount. He stated there were $5,482.00 of FEMA expenses in March with a ytd total of $7,582.00. He expects this to be reimbursed. Greg asked why FEMA was listed as an expense, and not as anticipated revenue. Charlie explained the accounting behind the listings. He stated ytd expenses are over the anticipated revenue, but the City should have a balanced budget. He stated the City has the prior year carryover and the unused road fund money. He explained how to amend the budget if items go over, and might need to amend the budget if this happens. Doug made a motion to accept the Treasurer’s Report. George seconded the motion. All voted aye and the report was accepted.
Greg made a motion to allow a resident to ask a question about the report. Tim stated the resident should not have a copy until it is approved by the Council. Resident declined to ask his question.
Charlie stated there are 5 delinquent taxes for the current year, 2 for the prior year and 1 for the year before that. He has sent a certified letter to the one that owes for 2007 and 2008. He received the response that they got the letter on 04/01/09. He stated there is not a lien on this property. Matt stated it would be more economical to include this year and last year in the lien. They owe a little over $1,000.00 with fees and penalties. Matt stated his fees are recoverable, due to the ordinance. Matt asked if the letter included a deadline for payment. Charlie thinks there is not a deadline in the letter. He will check and he asked if the letter does not mention a lien should he send another. Greg stated to forward a copy of the letter to Matt and let him decide what to do. Charlie stated that 7 rental licenses are delinquent for $2,400.00; 4 for 2009, 2 for 2008 and 1 for 2007. Fernandez owes $650.00. There is 1 business license owed for 2008. He stated Truitt Ford is helping with the FEMA application. He wants Council to approve Charlie as their agent. Chana read a resolution to allow Charlie to be the agent for the City for FEMA applications. A roll call vote was taken, Greg aye, Sherry aye, George aye, Scott aye, Doug aye. The resolution was passed. This will be filed with Frankfort.
Kim Taylor gave the Auditor’s report for year ending 06/30/2007. Charlie explained the information he had given to the auditor, Platt and Associates. Kim Taylor stated the report is based on governmental auditing standards. She gave Council members copies of the Auditor’s Report and reviewed it with them. She stated the report was the auditor’s opinion of the City’s financial statements and presents fairly the financial position of the City. She stated based on internal controls and their testing, nothing is materially incorrect. She explained each page of the report to the Council. There was a discussion of line items and classifications were explained. Charlie discussed unexpected expenditures and how to budget for them and to amend the budget; if needed .She stated that going forward they will have to be an in-depth review of internal controls and compliance. She will give their feedback in future reports. Charlie stated that the City was ok in internal controls and had 1 instance of an overage in compliance.

Chana Elswick gave the Clerk’s report. She stated the newsletter had been mailed, but there was problem with the addresses and some had been returned. She has remailed those. She will give the website numbers at the next meeting.

Chief Jim Carter was absent. He will give his report next month. Tim stated there were squatters in the detention basin. An officer form the 8th division will pass the info onto the 5th division. George stated the tent was gone. Officer Tom David stated to call the State if they are on the right of way. Tim stated Bob Heaton was in attendance. Chief Carter has asked to reduce his hours. Bob and Jim will be sharing the hours.

Council Focus
Fences and Building Permits Doug Watson stated 6882 Green Meadow Circle has requested a fence permit. It meets ordinance and he has granted the permit. Doug stated he requested a permit to modify his fence at 4405 Alicent Ct. Mayor Robertson reviewed and approved the request. 801 Stivers has not scheduled a meeting for a fence permit. Scott asked about the garage at the end of Green Meadow Circle. Doug stated they have applied for a permit.
Emergency Preparedness George Langford stated that in February, a resident on Wingate asked about drainage via the website. He called MSD. Alan Winchell, an inspector, is to meet with George and walk the area. He checked the storm debris from the expressway to Kroger, along the train track. Most of the limbs are in the easement. He asked if the City is responsible for them. Tim stated the City cleans that area. TLD has not removed the privacy fence from the berm. George stated he will put information about an Emergency Preparedness Fair, on the website. It is being put on by the Church of Jesus Christ of the Latter day Saints from 12-4 at Male High School.
Communication Tim stated Chana had already told about the newsletters.
Public Relations Tim stated the spring yard sale is May 9th. Mike Brown stated he had an ad in the newspaper, and flyer boxes will be put out. The deadline to sign up is 04/23/09. 26 have signed up so far. Chana stated large junk pickup will be 05/11/09.
Streets and Signs Scott Horn stated there was no action on City Hall Improvement Committee, and the signature entrance signs. He is still gathering sign information. He thinks the City needs more “no outlet” signs at the end of Walser. He has information about Kinloch that he will discuss later. Tim wants an email sent to Hall construction for a pipe for the lighting.
Grounds Greg Claypool stated he had talked with someone from the Highway Department about Mr. Bates driveway and it will be removed . He stated the was not much mowing work to do.
Welcome Christian Seidt was not present.

New Business The police force had been previously discussed.

Old Business Westport Road Church of Christ: Matt stated that Council had held a special meeting last month. He had met with Glenn Price with the Church. He conveyed the Council’s recommendations to the Church. He stated there are approximately 6 items the Church wanted to discuss. Matt sent a markup draft to the Council.
Matt reviewed the following changes he has proposed.

WHEREAS, by this Agreement the Parties desire to resolve their differences for so long as the Church or a successor church is owned and operated as by the Westport Road Church of Christ, Inc. and is located at 4500 Westport Road; He suggested this change this because the Church could change their name. He suggested to change “as” to “by”.

Wednesdays. The Church acknowledges that at the time of execution of this Agreement it has no need for the gate to be opened at any time on Wednesdays. In the future the Church may determine it is necessary to open the gate at one or more times on Wednesdays; thus, the parties agree that the Church may request the City to allow the gate to be opened on Wednesdays, and upon such request, the City shall consider whether to grant the request to open the gate. Matt stated this states the Church might come to the City in the future to ask permission to open the gate. Matt stated this is absolutely harmless.

Weddings, funerals and special events. Weddings, funerals and special events (e.g., seminars, gospel meetings or other activities typically occurring at a church) during which the Church parking lot is substantially ninety (90%) eighty (80%) percent full. For any occurrence under this Subsection 1.C the Church shall notify the City at least twenty-four (24) hours prior to the wedding, funeral or special event, advising the City of the day and scheduled time of the upcoming wedding, funeral or special event; the notice shall state that in the event the parking lot is substantially ninety (90%) eighty (80%) percent full the gate may be opened by the Church for vehicles to use Kinloch Road. A church official or a person assigned by the Church to count parking spaces must verify in writing that during the wedding, funeral or special event there were 44 or fewer parking spaces vacant in the Church parking lot at the time of counting. Such notice shall be given to:
(i) the Mayor of the City via email at an email address to be provided by the City; and

(ii) the Chief of Police of the City via email at an email address to be provided by the City
Matt stated that the Church asked for 80%.He stated the Church does not hold many weddings and funerals.

For so long as this Agreement is in effect the Church is not in substantial breach of this Agreement and except to the extent provided for in this Agreement, the City agrees that it shall not take any legal action to close the Church’s access to Kinloch Road, or otherwise take any action to physically close access by the Church to Kinloch Road. “Substantial breach” shall mean that the gate has been opened on three or more separate occasions on days and times not permitted by this Agreement. “Substantial breach” shall not be deemed to occur if the gate has been opened or closed within 15 minutes of the time when the gate is permitted to be opened pursuant to this Agreement. If the Church has breached the Agreement otherwise the City shall notify the Church of such breach and the Church shall have five (5) days to cure such breach; and if the Church cures the breach it will not be deemed a substantial breach.
Matt stated the Church would like the City amend the wording.

Church shall contribute $________ annually as its pro-rata share of the upkeep of Kinloch Road and Walser Road.
Matt asked the Church to come up with a number.

The Church shall furnish one key to the gate (each) to the Mayor and Police Chief of the City of Watterson Park.


The Church agrees to maintain, at the expense of the Church, the rolling steel gate at the Kinloch Road access point in excellent working condition, and as may be necessary from time to time without changing the character or dimensions thereof. The City hereby grants an easement to the Church for the purpose of maintaining the gate as required by this Paragraph.
Matt stated they may want to improve the look of the gate and will have to ask permission to have the authority to do so., He stated they may want to add a pedestrian or bike path around the gate.

For so long as this Agreement is in effect the Church agrees that it shall not take any steps to obtain have no access to Ambridge Circle from Church property.
Matt stated this could mean direct access when the agreement is terminated. Matt stated that if the agreement was terminated, the Church could have access to Ambridge, Kinloch or both. His changes will state that if Kinloch access is granted, no access to Ambridge will be granted for the duration of the agreement.

Upon request from the City, the Church shall install an asphalt speed hump on Kinloch Road at a location to be determined by the City between the gate and Walser Avenue. The speed hump may not be asphalt. Upon a 60 day written notice from the City, the Church shall install the speed hump. Composition and location shall be agreed upon by both parties.

Termination of the agreement. This agreement shall remain in full force and effect pursuant to the terms hereof. However either party may terminate this agreement with 30 days notice of either party.

Tim asked if there was any legal right from keeping them from opening the gate and using Kinloch Road. Matt said they are operating under a temporary agreement right now and they have the right to access. It is a City street and there has been no historical access to it.
Greg stated this had been going on a long time and he would like to propose a motion. He stated they have not demonstrated a need for a second entrance. He stated that through a third party, Jennifer Osborne has said Metro doesn’t require them to have one. Greg proposed a motion to decease dealing with this issue with the Church and enforce an access point and gate for fire support and MSD only. He stated he wanted to make a motion to curtail discussion with Glen and the Church and revert back to use by fire and MSD and not open except fop road construction activities blocking the road. He wants the gate to only be open in t he event they can’t have access and Sundays, as originally discussed. Greg discussed his reason to have the motion. Greg made a motion to curtail the discussion with the Church, the gate only open during construction until such time as they need the access. Tim stated he thinks the City is close to an agreement with the Church. Greg made a motion to curtail the discussion with the Church to use the City’s private roads. He stated that Metro says they don’t need a second entrance. He stated this information is hearsay from somebody else. He wants to suspend the agreement, accepting to the previous approvals. Matt suggested the City revisit Mr. Price with the document approved by Council at the special meeting and tell them to take it or leave it with the original document. Greg stated the special meeting was to approve the language, and the provisions. Matt stated it was never conveyed to the Church that the proposal was a take it or leave it, but was a process to obtain an agreement. A resident asked to speak. Tim stated that guests had already been given a chance to speak and this was a meeting of the Council. Greg made a motion to rollback the non use provisions of Kinloch except for emergency vehicles, except for non usage of their entrance during construction and on Sundays. Tim asked if he was sustaining the agreement. Greg proposed to suspend it. He asked Tim if he was going to ask for a second on his motion. Doug seconded the motion. A roll call vote was taken: Sherry yes, George nay, Scott abstain, Doug yes. George stated they are dealing with the Church who are good neighbors since 1957. He stated other Churches in the area have more than 1 entrance. He stated he kind of agrees with the motion. Tim stated the motion was passed to suspend the agreement at this time. He stated the Church has spent a lot of money to communicate progress to the City. He stated they did have plans to demo on Ambridge Circle, but he does not know what they will do now.
A resident stated the Church has not demonstrated the need for the gate to be open. A resident expressed concern that they were not informed. Time reviewed how minutes are posted for residents review.

Tim adjourned the meeting at 9:25 pm.



Respectfully submitted,

Chana R. Elswick
City Clerk