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Sunday, April 13, 2014

Planning Commission recommends City Council zone part of Midway Station industrial again; approval expected

By Kristen Sekinger and Al Cross
University of Kentucky School of Journalism and Telecommunications

The Woodford County Planning and Zoning Commission has recommended rezoning part of Midway Station back to industrial, signaling that the failed industrial park might generate hundreds of jobs after all.

Dennis Anderson, developer of Midway Station and the former Weems property across Interstate 64, said before Thursday evening’s meeting that the success of the Shell convenience store and the planned McDonald’s restaurant in the Green Gables development will carry over to Midway Station.

“The Shell station was a big success,” he said, and “McDonald’s is the biggest dollar money” among restaurant chains. He said more than half of the Shell store’s business comes from the interstate. The commission also approved a final development plan for Green Gables and plat for McDonald's.
Area to be rezoned industrial is outlined in purple. Residential zones are yellow. (Click on image for larger version)
Anderson is requesting that 43.5 acres on the north side of Midway Station now zoned residential be changed to light industrial. The commission’s recommendation goes to the city council, which is expected to approve it, since outgoing Mayor Tom Bozarth and the two council members running to succeed him have indicated that they support the idea of turning some of the residential tracts into job-creating properties.

Anderson’s request is at the behest of the Woodford County Economic Development Authority, which owns the property and has prospective industrial buyers for the land, perhaps a supplier for the Toyota plant at Georgetown.

Anderson’s attorney, Dick Murphy, noted that the county’s comprehensive plan, adopted in 2011, calls for an increase in manufacturing jobs. “We think it will be a great benefit to the community,” Murphy said.

Multiple strategies for developing the property have failed. After the county and city borrowed millions to buy and develop the property, only four lots were sold and only three very small industries located there.

In 2007, rezoning of the property was approved for relocation of Bluegrass Stockyards from Lexington, but the company dropped the idea when it became apparent that a court challenge from opponents of the plan would delay it for years.

In 2008, burdened by debt payments on property that had generated little income, EDA and the city contracted with Anderson to create an integrated community, which included commercial and  residential zones and recreational areas. The property was rezoned again, but the recession stalled development.

“A lot of things have happened since 2008,” Murphy said. “Timing is everything. We brought that zone change to you just three months before the economy started collapsing.” He added, “Dennis, to his credit, has kept up his agreements with the Economic Development Authority and has extended those and have invested very substantial money in this property.”

In 2011, Anderson signed an agreement to buy Midway Station, under which pays the taxes on the property as well as the interest on the county and city’s debt. Later in 2011, the commission and the local governments adopted the new comprehensive plan that has as one of its goals an increase in industrial employment, which declined during the recession.

In aisle seats at commission meeting: Bozarth, Anderson, Soper
The land to be rezoned is the northernmost portion of Midway Station, and is adjacent to a tract where the small industries are located. Planning Director Pattie Wilson said there would be 54.2 acres of light industrial land if rezoned. Wilson said in the meeting that no specific users for the property “have been identified at this time.”

She also noted that traffic to and from the industrial section will have a separate entrance from the commercial and residential section. “The economics have changed,” she said, “and it appears that it would be more beneficial for the community and the property to have an area for large-lot industrial users.”

Tom Guilfoil, owner of a small industry in Midway Station, asked if the new industry or industries would have to follow the strict design standards that he had to in the first phase of development. No one answered his question, but EDA Chairman John Soper said after the meeting that those standards were repealed by the 2011 plan.

Two commission members expressed reservations about industrial zoning next to residential, but Soper told the commission, “This is probably going to be a showplace for that corporation. They’re going to want to fit in and be a positive to the community and not a detriment,” he said. “This will be a place where the people live, they work, shop, and that will contribute to the life in Midway… I think we can fit all of this together and make a unique place.”

He also said, “When we looked at the quality of the applicants and who we are talking to and what they build, I think we are satisfied.,Whoever is going to come to Woodford County is going to make a unique substantial investment because of the quality of life here and the quality of our workforce.”

Soper said Anderson is sacrificing long-term profit to convert the residential area to industrial: “He has been a great partner through this whole thing. … We’ve got obligations to the banks we need to meet, We’ve got obligations to the taxpayers that we need to meet. This is the big opportunity that we have to satisfy all of those.”

Craig McAnelly, EDA’s executive director, indicated what sort of industry might be coming. “It fits in with the automotive industry that is expanding,” he said.

Jim Beam Brands considered the property for a distribution center that recently began construction on the Midway side of Frankfort. “The economy is bouncing back right now,” McAnelly said. “It’s not just automotive bouncing back, it’s everything.”

McAnelly said after the meeting that the property has three prospective buyers. He expressed confidence that any of them would build a plant that will be compatible with the surroundings. “When we looked at the quality of the applicants and what they build, I think we’re satisfied they can do that,” he said.

Commission member Jim Boggs said after the meeting that he was were surprised the rezoning drew no opposition. Perhaps partly joking, he said, “I guess they blew it on the stockyard.”

Friday, April 11, 2014

City Council to discuss budget at 9 a.m. Monday

The Midway City Council will hold a special meeting at 9 a.m. Monday at City Hall to begin discussing outgoing Mayor Tom Bozarth's proposed budget for the 2014-15 fiscal year, which begins July 1. A copy of the proposal, in a 1.2-mb PDF, is available by clicking here.

Thursday, April 10, 2014

Judge declines to seal suit against Midway College, says he would consider request for specific documents

By Bridget Slone
University of Kentucky School of Journalism and Telecommunications

A judge denied Midway College’s request Wednesday to seal public records of a lawsuit filed by seven former employees claiming breach of contract and age discrimination.

Leila O’Carra, an attorney for the college, had filed a motion asking the court to “seal the entire record in this case” in an attempt to prevent “sensitive” financial documents that could cause the college “significant harm” from being released to the public.

According to the lawsuit filed last month, the seven plaintiffs received letters from the college “on or around” Sept. 20, 2013, informing them that “due to alleged financial hardships” it was terminating its contracts on the grounds of lack of “available funding.”  

In the hearing at the Woodford County Courthouse, Circuit Judge Paul Isaacs, right, said the college’s motion to seal the entire record when the case “hasn’t even started” is “extreme.”

O’Carra argued that the legitimate public interest in the case is “minimal” since the dispute relates solely to the employment relationship between the college and the plaintiffs and there are no allegations implicating the public safety or health and, as a result, the judge should exercise the broad discretion that the law gives him to seal the entire record.

Isaacs said he was hesitant to do so because the same discretion would be sought by other businesses.

O’Carra replied that the college’s interests were “compelling” since it wants to seal financial information and because she does not “think the public interest,” in regards to these particular documents, “is affected.”

O’Carra also argued that the sealing of the records would be important in protecting those who are not parties in the suit.

 “You’re asking me to seal documents I haven’t seen,” said Isaacs, noting that he could not know if the documents present a privacy issue if he has not seen them.

Isaacs also said the college’s motion to seal the entire record suggests there “might be something embarrassing to the college” and that is why it wants to close it off from the public.

While Isaacs did overrule the motion, he also said he would “entertain the idea” of sealing specific documents within the case that contained sensitive financial information.

The plaintiffs Richard Berry, 61; Eric Bolland, 66; Stephen Clark, 65; Francis Fletcher, 61; former Lexington mayor Teresa Isaac, 58; Wendy Hoffman, 57; and Saleem Mirza, 52, allege that they did not seek employment anywhere else because they relied on the contracts presented to them in May 2013 and were never advised that those contracts would be terminated.

Midway College also filed a motion seeking dismissal of the plaintiffs’ “promissory estoppel/detrimental reliance” count of the lawsuit. The college argues that because the plaintiffs are also claiming breach of contract they cannot also claim promissory estoppel and “as a matter of law” it “must be dismissed.”

The college has also asked for more time to respond to the suit so that it can make its “response only to those claims that remain pending after the court rules on the motion to dismiss” the estoppel count.

Isaacs did not rule on this motion, but did imply that he agreed with the college’s argument and would dismiss the estoppel count.

UPDATE, July 3: Isaacs declined to dismiss the estoppel count, writing in an order filed July 1 that "Plaintiffs are persuasive in their distinction that their promissory-estoppel claim hinges not on the promise contained within their contracts, but in their extra-contractual discourse with their respective hiring authority." Isaacs also formally rejected the request to seal the record, but said the college could request that parts of material obtained in the discovery process, through subpoenas and depositions, be sealed. Isaacs also gave the college more time to reply to the lawsuit.

Wednesday, April 9, 2014

Zoning board votes 3-1 to allow McDonald's to have a 50-foot-tall sign on its lot in Green Gables development

The Golden Arches will tower over Midway.

The Woodford County Board of Zoning Adjustment voted 3-1 Monday night to allow McDonald's Corp. to erect a 50-foot-tall sign on the lot where it plans to build a restaurant, in the Green Gables development formerly known as the Weems property. The normal limit for an on-premise sign is 40 feet.

McDonald's is also expected to rent space from the state to put
its golden-arches logo sign on the services sign in this photo.
Gust Mecera, a McDonald's representative from Columbus, Ohio, told the board that the sign needed to be 50 feet high to be visible from eastbound Interstate 64. The company expects most of the restaurant's business will come from the interstate.

Mecera provided the board several photographs of a dummy sign hung from a boom truck showing the visibility of the proposed height. The captions said that the sign would not be visible half a mile from the eastbound exit, but would be visible a quarter-mile from it. Photos of the westbound approach, from which the sign would be even more visible, did not indicate the distance from the westbound exit. For those photos, in a 4-mb PDF, click here.

Board Member Marjorie Evans of Versailles questioned whether the variance would set a precedent, but Board Chairman Tim Turney and Member Al Schooler of Midway said each request is judged independently and the board shouldn't base a decision of what might happen. Schooler moved to approve the variance and Evans voted against it.

The board's action is final. Variances do not have to be approved by the Planning Commission. McDonald's has not applied for a building permit, but its request for the sign variance, and the board's approval of it, appears to pave the way for the Golden Arches.

Developer Dennis Anderson of Anderson Communities said the variance was one of several things McDonald's wants before proceeding, but he said the negotiations are far enough along that an agreement between the two companies has been drafted.

This story will be expanded.

Friday, April 4, 2014

Brereton Jones says Albano won't run in Kentucky Derby

By Darius Owens
University of Kentucky School of Journalism and Telecommunications

Brereton Jones (Photo by Darius Owens)
Former Gov. Brereton Jones’ colt Albano placed fourth in the Louisiana Derby last weekend, picking up points for the Kentucky Derby, but Jones said this week that the young three-year-old is just not quite ready to run the big race.

“We could push him into the Derby, and he’s beaten several other horses who will be running in it.” Jones said in an interview at his Airdrie Stud farm west of Midway. “I could be making a mistake by not doing that, but I don’t think so.”

The decision was a mutual one between Jones and the horse’s trainer, Larry Jones (no relation), said the former governor. He holds a strong philosophy about rigorously training his racehorses and compares it to preparing athletes.

“If you want your son to be a good athlete … you let him go out and play with the guys who may be tougher than he is, he’ll get stronger, and he’ll become a better athlete. That’s the way with some of these horses.” Jones said. “It’s like if you look at a high school football player, you can see … if he’s going to be a real athlete or may need another year or two to reach his peak.”

Jones said the decision might have been different if Albano had placed in first or second in Louisiana. “He very well could have done that, but he was fouled.”

Albano was the fifth horse to pass the finish line, but because he was shoved going into the final turn, the stewards moved him up to fourth. That earned him 10 points toward qualifying for the Kentucky Derby, in the system Churchill Downs uses to limit the field to no more than 20 horses.

Fourth place was Albano’s lowest finish in six starts. He came into the race off a very close second-place finish in last month’s Risen Star Stakes, a 1 1/16-mile race. The Louisiana Derby, also at the Fair Grounds in New Orleans, is a mile and an eighth; the Kentucky Derby is a mile and a quarter.

Albano’s first race as a three-year-old was the LeComte Stakes, a mile and 70 yards at the Fair Grounds in January. He finished second by almost seven lengths to Vicar’s In Trouble – who won the Louisiana Derby, upsetting favorite Intense Holiday, who had beaten Albano by a nose in the Risen Star. In December, Albano won the six-furlong Sugar Bowl Stakes at the Fair Grounds.

Albano wins Sugar Bowl (Lou Hodges Photography/Fair Grounds)
Jones bred Albano, who won't actually turn 3 until next month. The horse is by Istan out of Pocho’s Dream Girl. His grandsire, Fortunate Prospect, was a top sprinter who won 13 races out of 39 starts and earned $439,875 during his lifetime.

Albano is one of four stakes horses Jones has named for employees of the Sea View Hotel in Bal Harbour, Fla., a popular vacation spot for horse people. Jones’ recently successful horse and Albano’s brother, Mark Valeski, is named for a pool attendant he met at the hotel as he got into the horse business 40 years ago.

He said that when he asked Valeski if he would mind having a horse named for  him,”You would have thought I asked if he wanted a million dollars for his birthday, he got so excited about that.” When the horse won the 2012 Peter Pan Stakes at New York’s Belmont Park, Jones said he gained new inspiration on how to give homage those he remembered from early in his horse career.

Jones said he thought, “If it means so much to Mark, it’s bound to mean a lot to the other people who work at Sea View, particularly the ones who aren’t working in the higher level jobs,” he said, as faint tears emerged from his eyes.

He said he asked a short-order cook named Albano if he could name a horse after him, and laughed remembering the answer: “He said … I was hoping you would ask, since you named one after Mark.”      

Airdrie Stud office (Photo by Darius Owens)
Jones, who will be 75 on June 27, has owned many racehorses through the years on his farm, three miles from Midway. He said the farm has 2,700 acres and employs 77 full-time workers.

Before and during his 1991-95 governorship, Jones was known almost exclusively as a breeder and syndicator. Since then, he has moved into more racing because of the money and the sensation that he gets. “I love the feelings you get from racing horses,” he said. “It’s a competitive situation, and it’s a way to really learn how to raise a good horse better than selling it to somebody else.”

Jones says Airdrie focuses on what’s good for the horses, not building fancy barns that might appeal to horse buyers, though he doesn't begrudge other farm owners for that. His model of rigorous training and keeping his horses outside, even in difficult weather, has worked wonders for him in the past, he said, and he plans on keeping it: “If you raise your horse to be a racehorse and not as a sales horse, I think you raise a better racehorse.”

Thursday, April 3, 2014

City to flush water mains April 14-18; will use stronger-smelling free chlorine April 7-21

The City of Midway will conduct its annual water main flushing Monday, April 14, through Friday, April 18, from 9 a.m. to 4 p.m. each day. Lines are flushed by simultaneously opening several fire hydrants in an area to create increased water flows, to clean the distribution system of any mineral deposits and sediment that may have built up in the mains.

As usual, the city says it will temporarily use free chlorine rather than chloramines to disinfect the system from April 7 through April 21. The water will still be safe to drink, but customers may notice a more significant smell of chlorine in the water. Customers who must dechlorinate their water, such as owners of dialysis units or aquariums, will not need to change dechlorination procedures.

During flushing, it is possible that discoloration of water may occur because of the increased flow from flushing the hydrants. The city says the water will clear up after it has run for a few minutes. If any discoloration occurs, users are advised to run the faucet until the water is clear before washing clothes or similar uses. For more information, call City Hall at 846-4413.

Tuesday, April 1, 2014

50 have signed up to attend Old Fashioned Beaten Biscuit Workshop at Christian Church Saturday afternoon

By Taylor Norberg
University of Kentucky School of Journalism and Telecommunications

Photo via Midway Christian Church website
If you’re interested in learning the art of making Southern-style beaten biscuits, this Saturday just might be your lucky day.

Weisenberger Mill, the Holly Hill Inn and the Midway Nursing Home Task Force are sponsoring an "Old Fashioned Beaten Biscuit Workshop" at the Midway Christian Church Fellowship Hall this Saturday from 2 to 4 p.m. 

Midway’s master beaten biscuit maker, Charles Logan, is conducting the workshop for all registered participants. The Rev. Heather McColl, pastor of the church, said Wednesday they have 50 registrants. plan on accepting 50 to 55 registrations and had 47 confirmed attendees as of 1:30 p.m. Tuesday.

Beaten biscuits are a classic Southern food that dates to the 19th Century. They are made a little differently than traditional biscuits and their name derives from the unique method in which they are made. Years ago in a time where yeast was scarce, the dough would literally be beaten with a hard object against a hard surface in order to make the dough rise.

“They would take a paddle and beat the dough and beat the air out of it,” Logan explains, “It’s practically the same recipe, the difference is, you try to get the air out of the dough.” The dough is originally made from flour, salt, sugar, lard and cold water.

Logan, a Midway native, says he first heard of beaten biscuits when he and his wife moved to their current home in Midway in 1951 and has been making them according to his recipe for about 25 years.
“The elderly couple next door would make them and sell them to folks around town,” Logan said. “Customers would come pick them up on Saturday mornings, and they would hand some out to our kids, and they really enjoyed them, so eventually we learned the recipe.” Logan has made his biscuits for local events such as bake sales and fundraisers.

For years Logan has been collecting Biscuit Brakes, the special machine used to make the biscuits, and he is thought to be one of the few remaining sources who know how to make the classic biscuit.

A table-top machine has been donated for the event and will be auctioned off in a silent auction on Saturday. Proceeds and donations will go to The Homeplace at Midway, the senior living community with nursing facilities that is under construction across Stephens Street from Midway College.

For more information or to register, call Midway Christian Church at 859-912-4102 or email office@midwaychristian.org.