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Tuesday, March 5, 2019

Council annexes 138 acres adjoining Midway Station and warehouse tract; rezoning process will resume

Mayor Grayson Vandegrift named Debra Shockley Midway's
Citizen of the Year for her many civic contributions. See below.
By Korrie Harris and Chadwick George
University of Kentucky School of Journalism and Media

The Midway City Council voted Monday night to annex the 138-acre tract behind Midway Station, setting up its possible rezoning to industrial use.

The council also heard a proposal for new rules at the Midway Cemetery, saw the Citizen of the Year named, and received an offer for a small piece of land that could become a gateway to the city.

Annexation: City officials wanted to annex the property of Homer Michael Freeny Jr. before it was rezoned, to give the council final say in the rezoning. Otherwise, the Woodford County Fiscal Court would have had the say-so.

The council voted 5-1 to pass the annexation ordinance. Council Member Logan Nance said in an email that he voted no because "I often have members of the community tell me how much they value the agricultural land and natural beauty surrounding Midway, and fear that it will go away."

Logan Nance
Nance said he understands the perspectives of other members but "felt I would not be properly representing the people who elected me if I voted yes, since this annexation assures further industrial development beyond Midway Station."

Now the Planning Commission will hear the rezoning request by the Woodford County Economic Development Authority, which has an option on the property and owns Midway Station.

The commission was supposed to hear the request in November, but action was delayed at the request of the city so it could annex the property first.

If approved, the rezoning would create an industrial area reaching from Interstate 64 to the Brown-Forman whiskey warehouses along South Elkhorn Creek, the county line. (The concrete warehouses are being built under a conditional-use permit in an agricultural zone on the presumption that whiskey is an agricultural product.)

“It finishes off what’s already laying sandwiched between two users,” Vandegrift said. Referring to the annexation, he said, “I guarantee you if we don’t do this it’s gonna get developed and we’re gonna lose all that revenue.” The land is in Midway's urban services area in the comprehensive plan.

If the land available at Midway Station sells for its estimated value, the EDA could be short of paying Midway the $600,000 it owes on natural-gas and water lines built on the property.

“The only way they’re really gonna be able to pay us back is if they can sell land,” Vandegrift said. “There’s not gonna be enough in Midway Station to pay us back.”
The annexed area is effectively two tracts joined by a small strip. For a larger version of the plat, click on it.
Council Member Kaye Nita Gallagher noted that the city would soon resume paying interest on the Midway Station mortgage, now that a private developer has terminated his option on the land. Referring to Freeny and the EDA, she asked, “What kind of competition are they going to give us?”

Soper said that under the option agreement with Freeney, the EDA can’t exercise its option for any tract that is less than 40 acres. He said the largest tract he can put together in Midway Station with the existing lots together is around 25 acres.

“Fortunately, Mr. Freeney is very good to work with,” Soper said. “He understands what Midway’s goals are. He’ll work with us.” Vandegrift suggested that Freeney's lawyer come to the next meeting.

Freeny owns land next to the creek that is not being annexed. Council Member Sara Hicks asked if Freeny could “grant us some small acreage . . . where canoes and kayaks can get on the creek.”

EDA Chair John Soper said Freeny has agreed to grant a separate tract for access to the creek for canoeing and other recreational activities, with access through Midway Station or the tract being annexed. Soper said he and surveyor Tim Thompson are looking at two possible access points.

Cemetery changes: The council received a report from Council Member Sara Hicks, chair of the cemetery committee, proposing changes to the ordinances regarding fees and care of plots.

Hicks proposed that 100 years after burial, if the city can’t find family members to continue upkeep, then the city would take care of that grave.

Hicks also said a $200 to $300 refundable fee could be added to the price of grave plots to guarantee that graves will be marked. Hicks said the family would have a year to place a marker and get a refund of the fee. If no marker is put down, the city would use that money to buy a small brass marker.

Council Member John Holloway said it would be simpler to raise the plot price, which at $600 is the same as in Versailles but much less than the $1,700 charged in Georgetown. He said the current fee does not cover the cost of labor for city workers who open and close graves.

Nance asked if there is a friends-of-the-cemetery organization that could take donations to help with the already unmarked graves. Hicks said the Midway Woman’s Club had such a fund, “but when they got into financial trouble, they had to use that fund to keep from shutting down.”

Vandegrift said he would ask Phil Moloney, the city attorney, to put the proposed amendments into ordinance form and send them to the committee.

Citizen of the Year: At the start of the meeting, Vandergrift gave Debra Shockley the Midway Citizen of the Year award for 2018. He read a proclamation noting her longtime civic involvement and recent contributions. “Debra took on many responsibilities in the community in 2018, including serving as president of Midway Renaissance,” he said. “Debra steered the highly successful Midsummer Nights in Midway series, and was the architect for its new street layout, which greatly improved the event."

Vandegrift also noted that Shockley “coordinated volunteers to staff Midway City Hall for each downtown event, to provide public restrooms and a visitors’ welcome center to the many attendees of Midway events.” He concluded, to applause from the audience, “Debra’s positive attitude, civic engagement, and efforts to bring people together is positively infectious to those around her.”

Gateway offered: Vandegrift gave the council a letter from Helen Rentch offering to donate a small tract at the intersection of Leestown Road and Midway Road (US 421 and 62), on the north side of a wet-weather stream, "to make the entrance to the city appealing."

The property has been mentioned as a possible site for a larger welcome sign for visitors, a trailhead for a planned trail from Lexington to Frankfort, and a permanent home for "Old Smoky," the steam engine that RJ Corman Railroad Co. has occasionally brought to Midway. "It is a logical option, since we are a railroad town," Rentch wrote. Vandegrift said the Cemetery and City Property Committee would consider the offer.

High-speed internet: Vandegrift said he met Monday with MetroNet, a company that provides high-speed internet service to homes and businesses via fiber-optic cable and thinks it can serve all or almost all of Midway. "Their lowest speed . . . is Spectrum's highest speed, basically," he said, adding that he will work on a franchise agreement with the company. He said it is in the process of doing such an agreement with Versailles and has signed a contract to serve Woodford County Schools.

March 16 event: The council approved making the St. Patrick’s Parade on March 16 a civic event. This will allow specially licensed vendors and restaurants in town to set up along the street and sell beer, wine and liquor, and allow customers to drink from open containers.

Bonds for Transy: The council approved a resolution to issue $10 million in municipal bonds for Transylvania University’s new recreation center.

Joe Lakofka, a representative of Kentucky Bond Development Corp., said in order for a bank to provide financing, the bonds need to be “bank qualified” and each Kentucky city is allowed to issue $10 million a year in bank-qualified bonds. Lexington nonprofits often use the allocations of smaller cities to get lower interest rates; there is no liability to the cites, Lakofka and Vandegrift said.

Nance asked what the city gets out of the deal. Vandegrift said, “I always looked at is as good will and kind of expanding Midway’s reach a little bit. And you never need to know when you’re going to need to call a favor in.”

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