Special Council Meeting March 9,2009

Special Council Meeting Minutes

The Woodlawn Park City Council met on 03/09/09 at the Westport Road Church of Christ. Present were Mayor Tim Robertson, Council Members, Scott Horn, Sherry Hyde, George Langford, Christian Seidt, Greg Claypool and Doug Watson ,City Clerk Chana Elswick, Chief Jim Carter and Attorney Matt Carey.

The meeting began at 7:31 pm.

Mayor Robertson stated this special meeting had been called during the February regular Council Meeting. The Church was to provide a proposal to the City at the February Meeting. He stated he hoped everyone had had time to review the Church’s proposal and Attorney Matt Carey’s response. Tim stated the Council would review the Church’s proposal and Matt’s response notes and vote on each item separately. (Item numbers below do not correlate with section numbers in the agreement.)

Item 1. Church’s proposal states “Whereas, the Parties acknowledge that the eastern boundary of Kinloch touches Church property at a point along the southwestern boundary of the Church”
Matt’s response states to delete this portion in its entirety.
A roll call vote was taken to delete this portion in its entirety. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item was passed to be removed in its entirety.

Item 2. Church’s proposal states “Whereas the rolling steel gate is located within the right-of-way of Kinloch Road immediately adjacent to the southwestern boundary of the Church”
Matt’s response states to strike this portion and change to “is located on City property”,
Doug voted aye, Greg voted aye, Scott voted aye. There was a discussion and it was decided the item would be stricken and changed to Matt’s suggestion.

Item 3. Church’s proposal states “Whereas, by this agreement the Parties desire to resolve their differences for so long as the Church or a successor church is located at 4500 Westport Road”
Matt’s response states to change the wording to “for so long as the Church is owned and operated as the Westport Road Church of Christ”.
A roll call vote was taken. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item was passed to be changed.

Item 4. Church’s proposal states “ Sundays from 8:00am until 2:00 pm: however in the event the times of Sunday services change in the future the Church may unilaterally change this time provided that the gate shall not be open longer than six (6) hours,”
Matt’s response states this was not discussed in prior meetings. Council discussed allowing the gate to be open from 8:00am to 2:00 pm.
A roll call vote was taken. Doug voted no, Greg voted no, Scott voted aye, George voted aye, Sherry voted no, Christian voted aye. Tim stated since there was a tie vote, he would cast a vote. Tim voted aye and the item to allow the gate to be open from 8:00am to 2:00 pm on Sundays was passed.

Item 5. Church’s proposal states Wednesday from 5:00pm until 9:00pm: however, in the event time for Wednesday evening services change in the future the Church may unilaterally change this time period provided that the gate shall not be open longer than four (4) hours”
Matt’s response states this was not discussed at the January 19 meeting and no need has been articulated for the gate to be opened during this time.
A roll call vote was taken, Doug voted no, Greg voted no, Scott voted no, George voted aye, Sherry voted no, Christian voted no. Majority voted and the item to allow the gate to be open on Wednesday was denied.

Item 6. The Church’s proposal states “Weddings, funerals and special events during which the Church parking lot is substantially full.”
Matt’s response states to change substantially full to 90% full. Council discussed who would make the determination, parking lot size, and approval by the Mayor to open the gate for a special event.
A roll call vote was taken. Doug voted aye, Greg voted no, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. Majority voted aye and the item to change the wording to 90% full and with approval by the Mayor to open the gate was passed.

Item 7. The Church’s proposal states “During the reconstruction of Westport Road by the Kentucky Transportation Cabinet, the gate may be open if the Church’s Westport Road entrance is substantially blocked”
Matt’s response states to change “substantially blocked” to “unusable”.
A roll call vote was taken. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item to change substantially blocked to unusable was passed.

Item 8. The Church’s proposal states “ For so long as this Agreement is in effect and except to the extent provided for in this Agreement, the City agrees that it shall not take 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’
Matt’s response states to change the section to read “For so long as the Church is not in breach of this Agreement and except…”
A roll call vote was taken. Doug voted aye, Greg did not vote, but asked to make a note to possibly return to the item, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. Majority voted aye and the item to change to the wording was passed.

Item 9. The Church’s proposal states “This Agreement shall not bind a proposed successor in title to the Church property from asserting a legal right to utilize Kinloch road, nor shall it prevent the City from opposing such assertion.”
Matt’s response states to strike this sentence.
A roll call vote was taken. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item to strike the sentence was passed.

Item 10. The Church’s proposal states “This Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors, representatives, executors and assignees of the Parties”.
Matt explained that Item 9 and 10 were in opposition to each other. He suggested striking this portion entirely.
A roll call vote was taken. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item to remove the section was passed.

There was a discussion about additional suggestions. Tim asked if it should be a recordable instrument, signed by the Mayor and notarized and filed with Jefferson County Clerk’s Office. Matt stated after everyone agrees, he would kike the Council to authorize him to convey information to Glenn Price. When the Church agrees, the Council will vote to authorize the Mayor to sign the agreement on behalf of the City. Matt stated the Special Meeting was to get a consensus to give a reply and then send it to the Church.

There was a discussion to defray costs by considering an annual fee paid by the Church. Tim suggested adding that to the agreement and determines how to assess the amount. Christian asked if 1/7th of the City’s road maintenance was a good amount. Scott stated this would be hard to determine. Greg stated he was concerned about “what does this buy them”. Tim stated the Church would be bound by the agreement. Christian stated the Church did mention they would assist with a traffic light at Walser. George stated that by assessing the Church money, it could open up a lawsuit. Christian asked that construction traffic on Kinloch be restricted. George asked how the gate came about. Tim stated that in the past the Church did not want residents on their lot and the City did want them parking on the street. Sherry stated she thought Christian had a good idea.

There was a proposal to add the cost of road maintenance to the agreement. There was a discussion on how to come up with the amount of the fee. Scott stated he would try to come up with a formula. A roll call vote was taken to add a road maintenance fee to the agreement. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item will be added to the agreement. Tim will work with Matt to come up with an amount for road maintenance.

Matt stated he would suggest adding “For so long as this Agreement is in effect, the Church agrees that it shall not take any steps to obtain access to Ambridge Circle from Church property”.
A roll call vote was taken. Doug voted aye, Greg voted aye, Scott voted aye, George voted aye, Sherry voted aye, Christian voted aye. All voted aye and the item to be added to the agreement was passed.

Greg stated he was concerned about future maintenance of the gate, since it is on City property. He would like to authorize the Church to maintain it as it is. Chris asked if the Church was going to tell people not to park on City streets, and the notification should be at their expense.

There was a discussion about reckless driving and unsafe situations and if the Church could be held responsible. Greg wants the Church to be held responsible. Matt stated the Church could not be held responsible for reckless driving, the driver would be held responsible. Tim asked if the agreement could include something to allow the City to rescind the agreement. Matt stated he could add Woodlawn Park reserves the right to rescind the agreement, but unsafe driving is not a good reason to rescind. Sherry asked to consider a stop sign coming out of the Church lot. Scott suggested placing a speed bump at the gate, on City property. Greg stated he thinks there should be an escape clause if this puts any City residents in peril. Matt will review this suggestion. Tim asked if there should be a term to the agreement. Matt stated he does not agree with a term for the agreement. Matt asked about placing no parking signs. Tim would like the Church to provide the signs and place on their side of the gate and a speed bump on the Kinloch side of the gate. Tim stated the Council will watch for the draft from Matt. Matt will meet with Glenn Price and let the City know the outcome.

Matt asked if the Council was agreeable to Item #4 to open the gate from 8:00am-2:00pm. He stated the agreement says the Church can unilaterally change the time period if times of service changes. He suggested to strike that portion and add an end time of 2:00pm. A roll call vote was taken to strike the wording and add a 2:00pm end time to the agreement. All voted aye and the item will be added to the agreement

Mayor Tim Robertson adjourned the meeting at 8:19 pm.




Respectfully submitted,

Chana R. Elswick
City Clerk