MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY APRIL 26, 2004
PRESENT: Mayor
Wayne Beer
Mayor
Pro Tem Carol Rudi
Councilman Joe Evans
City Manager Kirk Davis
Assistant City Manager Scott
Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Les Smith
Mayor Wayne Beer opened the Regular April 26, 2004,
City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Wayne Beer led the Pledge of Allegiance, in
which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR APRIL 12, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular
April 12, 2004, City Council Meeting Minutes as presented. Councilman Joe Evans seconded the
motion. The vote: All “aye” Councilman Joe Evans, Councilman
Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 4a. on the Agenda. Mayor Wayne Beer made brief comments before reading a proclamation recognizing and supporting the “Northland Ethnic Festival”, which was held April 17, 2004, at Park Hill High School.
Mayor Beer stated he has been involved in construction in one form or another all of his life, and he feels the efforts toward recognizing diversity as being similar to mixing and pouring concrete. Every component of concrete is just a single element, whether it is sand or cement. They are of no consequence until they are mixed together. Once mixed, then they become a monolithic whole. If any one of the components is missing, then there is a weakened structure. Diversity is something in our society that is of extreme importance.
Mayor Beer invited Michael Hernandez, Northland Ethnic Festival Planning Committee Chairman, to step forward to accept the proclamation, and explained this proclamation was presented to Mr. Hernandez at Park Hill High School during the Northland Ethnic Festival. Mayor Beer invited Mr. Hernandez to attend tonight’s City Council meeting, so this event could be recognized. Mayor Beer stated not only is the Northland Ethnic Festival pertinent to Gladstone residents, but he is a member of the Northland Diversity Council, which is one of the sponsors of the Northland Ethnic Festival, and was once a Board member and Vice President of this organization.
Item 4b. on the Agenda. SPECIAL RECOGNITION AND OATH OF OFFICE to Gladstone Emergency Management Agency (GEMA) volunteers.
Mayor Beer invited Fire Marshall and Emergency Management Director Chuck Duddy to comment on the services GEMA volunteers provide to the community. Mr. Duddy thanked the Mayor and City Council members for the opportunity to recognize GEMA members and to provide the Oath of Office to new members. Mr. Duddy stated he became the GEMA Director in October of 2003, and reported last year GEMA members responded to the May 4th tornado, various fire and police scenes, and different emergencies throughout the community. GEMA members also assisted at civic events sponsored by the City. Mr. Duddy stated last year there were seven GEMA members, who have volunteered countless hours in assisting the City.
Mr. Duddy reported two months ago it was decided to increase the GEMA staff, and as a result, membership is now 15 members strong. Mr. Duddy stated he would like to recognize the current members and conduct an Oath of Office for the new members. Mr. Duddy introduced the current members: Dennis Daly, Volunteer Coordinator; Marc Wachter, Assistant Volunteer Coordinator; Mike Webb; Becky Daly; and Marc Kamphefner. Mr. Duddy said some of these members have been with GEMA since it started in September 1990, and the others have been members for 3 years and more. New members present were: Carl Queisert; Janet McCloud; and Tim Kamphefner. Members not present at the Council meeting were: Jim Olshefski; David Sour; Wyman Horn; Karen Fraley; Jack Folsum; and Phil Snell.
Mr. Duddy stated GEMA volunteers will work the 15 event scheduled this year at Oak Grove Park.
Mayor Wayne Beer stated the GEMA volunteers are an extremely valuable part of the City organization and he and City Council members are very pleased they are able to donate so much time to the City. GEMA volunteers can always be counted on for assistance, and this is very much appreciated. Mayor Beer gave City pins to Mr. Duddy to distribute to all GEMA volunteers.
Mr. Duddy invited Carl Queisert; Janet McCloud; and Tim Kamphefner to step forward to receive the Oath of Office from City Clerk Cathy Swenson.
Item 5. on the Agenda. CONSENT AGENDA
Following the
Clerk’s reading , Councilman Bill Cross moved to accept the Consent Agenda as
presented. Councilman Joe Evans
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Councilman
Bill Cross moved to adopt RESOLUTION NO. R-04-28, authorizing acceptance
of work under contract with Mid-America Sign Contractors, Inc. for the
Gladstone Master Signage Plan; and authorizing final payment in the amount of
$9,990.64 for Project 026010. Councilman
Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman
Bill Cross moved to adopt RESOLUTION NO. R-04-29, authorizing Change
Order No. 2 in the amount of $22,609.27 to the contract with Pyramid Excavation
& Construction, Inc. for the 59th Terrace Drainage Improvements Project
0209. Councilman Joe Evans seconded. The vote:
All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem
Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman
Bill Cross moved to adopt RESOLUTION NO. R-04-30, accepting a Permanent
Easement from 64th and N. Oak-Gladstone, L.L.C. in conjunction with the
Walgreens Store at NE 64th Street and North Oak Trafficway. Councilman Joe Evans seconded. The vote:
All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem
Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman
Bill Cross moved to adopt RESOLUTION NO. R-04-31, authorizing execution
of a contract with Larkin Excavating, Inc. in the total amount not to exceed
$415,314.02 for the reconstruction of North Main Street; Project 025015. Councilman Joe Evans seconded. The vote:
All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem
Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman
Bill Cross moved to APPROVE A LIMITED ONE-DAY LIQUOR LICENSE for the
Assistance League of Kansas City, 6101 North Chestnut, for an event on April
30, 2004. Hours: 7:00 PM - 10:00
PM. Managing Officer: Ms. Geraldine Rhodes. Councilman
Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
REGULAR AGENDA
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
LeRoy Gunselman, 5700 North Main, stated he was representing
the residents of Englewood Vista, who would like a stoplight installed at
Englewood and North Main.
Mayor Beer stated he would like to mention that
communications from the audience are limited to five minutes, and because of
the Sunshine Law, anything stated from the audience may be brought to the
attention of City Council as information only.
City Council is not permitted to take any type of action or discussion
until the issue is publicly advertised or posted for an upcoming meeting.
Mayor Beer advised Mr. Gunselman that City Staff
would investigate his request and have an answer at a later date.
Jan Delamano, Department of Conservation, 66 NE 61st
Street, stated
he was present at the meeting as an agency representative. The Department of Conservation has been
assisting on a project at Twin Lakes, which gets into a larger issue of
utilizing native plants and landscaping, and how they fit into the City’s Weed
Ordinance. Mr. Delamano thought he was
proceeding properly on the Twin Lakes project by having a formal landscape plan
for the project and consensus of the local residents. Mr. Delamano stated he does not understand
City operation, but wanted to bring this to the City’s attention. Mr. Dalamano provided the formal management
plan for Twin Lakes. This project has
been in the works for about a year. Mr.
Delamano’s job with the Department of Conservation is as a private land
conservationist, and he works with private land owners in developing
conservation management plans for their property.
The Department of Conservation was asked to provide
a management plan for the Twin Lakes Homeowners Association to address
stormwater management, erosion, nuisance, geese, and other improvements to the
property. A total comprehensive
management plan has been developed, and the driving force behind the design has
been landscape quality. Mr. Delamano
said he found out today there may be some objection from the City to planting
native plants where they have recommended on five acres at the Twin Lakes
site. A short native grass prairie is
proposed with lots of wild flowers, which would cut down on maintenance
requirements. This would save the
Homeowners Association a lot of money, and in the Department of Conservation’s
opinion, would be a quality landscaping improvement for the property. There currently exists typical fescue
bluegrass lawn on steep thin soiled slopes that are eroding rapidly. The Department developed an alternative that
they feel will be an improvement, and questions if there is a need for a
variance or official sanction from the City.
Mayor Beer stated the issue of native plants has
increased in importance in the last ten years, and has raised the question in
his mind as to whether they violate the City’s Weed Ordinance.
Mr. Delamano asked with whom he should work with in
the City.
Mayor Beer introduced Assistant Manager Scott
Wingerson and stated City codes fall under Mr. Wingerson. Mayor Beer suggested working with Mr. Wingerson
on this issue.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans had no comments at this
time.
Councilman Bill Cross had no comments at this
time.
Mayor Pro Tem Carol Rudi stated she had the privilege
of attending the Ethnic Festival last weekend, and it was a very well-run
event. Mayor Pro Tem Rudi encouraged all
to attend the event next year. Mayor Pro
Tem Rudi continued by saying GEMA is a very important part of the City’s Public
Safety Department and thanked them for their many hours of public service to
the City.
Mayor Wayne Beer stated GEMA volunteers provide an extremely
valuable service to the citizens of Gladstone.
They are not only at routine events, such as Gladfest and Bluesfest, but
at emergency situations as well. Mayor
Beer thanked GEMA members for their valuable contribution to the City.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported the Spring Brush
Disposal is 8:00 AM to 5:00 PM, April 30th through May 2nd
at the Public Works Facility. There was
a very good turn out for the Spring Beautification, with 82 dumpsters hauled
away. This equates to approximately 311
tons of debris. Many people volunteered
their time and worked hard over the weekend to make this a successful
event. City Manager Davis stated they
all did a good job.
City Manager Davis reported the City received a
$34,000 grant to help pay for the cost of expanding the Happy Rock trail. This grant came from the Department of Natural
Resources.
Mayor Beer stated he volunteered at the Spring
Beautification Event, from 10:00 AM to 12:00 Noon on Sunday. Although it may not be expected to have many
people at that time of day on a Sunday, the line of people was constant. Deffenbaugh provided trash service, and there
was a constant exchange of dumpsters as they became full. This was a very successful event.
Councilman Bill Cross asked when funds may be
expended from the $34,000 grant.
City Manager Davis replied funds may be expended
immediately.
Item 9. on the Agenda. PUBLIC HEARING for consideration of a request to rezone from R-1,
Residential to CP-O Commercial Planned Non-Retail, at property generally
described as 1900 NE Englewood Road.
Applicant: Creative Arts
Academy. Owner: Englewood Baptist Church. (File #1223).
Mayor Beer opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by a presentation by the Applicant and finally comments from those in Favor and those Opposed.
Staff Presentation
Lynn McClure, Economic Development
Administrator began by saying the
applicant, Pam Raisher, with Creative Arts Academy, is currently a tenant at
Antioch Shopping Center, and has been there for 27 years, and in the Northland
since 1972.
Mr. McClure pointed out the aerial photo included in
Council members’ packets, and noted the parcel to be discussed is on the far
east of the Englewood Baptist Church location.
The intersections that might be pertinent are North Woodland Avenue and
Englewood Road. The approximate
dimensions of the new parcel are 450 feet by 225 feet. The parcel of interest includes the gym, the
education rooms, the Fellowship Hall, and the adjacent green space. Mr. McClure reported Ms. Raisher has requested
a rezoning of this location from R-1 to CP-O, and a Special Use Permit to allow
operation of a dance and gymnastic school.
The Planning Commission voted 0-12 in regard to the rezoning, and 9-3 in
regard to the 15 year Special Use Permit.
Mr. McClure stated he wished to bring attention to
some of the recommended conditions for the Special Use Permit. Mr. McClure pointed out Condition No. 8.,
regarding the negotiation of a purchase contract or agreement for shared
parking in perpetuity; Condition No. 9., regarding parking requirements in
accordance with the City’s Parking Ordinances, which also states the applicant
and the Church shall coordinate event schedules in an effort to avoid parking
issues; No. 10., regarding the applicant working with surrounding neighbors to
ensure a level of residential privacy; and No. 11., regarding signage at this
location, which shall be on the owner occupied property only. Mr. McClure pointed out Conditions No. 12.,
13., and 14., which deal with the parking arrangement, the entry from Englewood
Road, as well as a privacy fence or buffer from the residents on the north side
of the property, and the parking lot that is shown on the aerial map. Mr. McClure stated the applicant would
discuss these conditions in her presentation.
Applicant Presentation
Pam Raisher, Owner and Director of Creative Arts
Academy, stated
she has been the owner and director of Creative Arts Academy since 1971. In 1974 she opened a branch in Gladstone, and
in 1977 moved to Antioch Shopping Center.
Antioch Shopping Center was sold over a year ago, and since that time
Ms. Raisher has been actively pursuing space that would house her 15,000 square
foot school. Ms. Raisher pointed out
Creative Arts Academy is a children’s business, and she shared with City
Council members a flyer regarding the academy.
Her goal was to open a school that deals with creative arts, such as
dance, tumbling, cheerleading, drama, music, piano and so forth. Ms. Raisher said she is close to her goal in
that they offer dance, gymnastics, tumbling, cheerleading, pointe, jazz, and
adult classes. Music is something she
hopes to get into as the school expands.
Ms. Raisher stated she would very much like to be
back in Gladstone, and loved the time she was in Gladstone. Ms. Raisher thanked the Planning Commission
for their time, and stated Mr. McClure and Mr. Wingerson have been fabulous to
work with during this process. Ms.
Raisher stated she is requesting a zoning change. The Planning Commission felt strongly this is
not in the best interest of the City, and she understands if that is the
direction she must go. Ms. Raisher said
she had dealt with the minor conflicts with zoning that she was facing, and
stated she would like to discuss the solutions to these conflicts.
Ms. Raisher said the points Mr. McClure mentioned
regarding the parking have been resolved.
The Church will sell to Ms. Raisher a portion of the parking lot. This eliminates the problem of having
adequate parking and easy in and out access.
The Church and Ms. Raisher have agreed to erect a privacy fence to
provide a buffer between the church parking lot and the northern
neighbors. The access in and out of the
drive along Englewood Baptist Church was a concern in terms of traffic flow,
but it was never Ms. Raisher’s intent to use this as a main drive. This drive will be signed as Employee
Entrance only, and she will strongly suggest to her patrons to use the Woodland
entrance, which is a far better entrance for traffic. Ms. Raisher stated the reason she requested
the zoning change was to ensure the longevity of her business; she would like
to not to be out of business in 15 years.
If the zoning request is not approved, she would entertain approval of a
Special Use Permit, knowing that if it can be long term, there will be
restrictions and guidelines. Ms. Raisher
said she will be a very good neighbor.
People in Antioch Shopping Center certainly think she is a good neighbor. Ms. Raisher stated she hopes she has
addressed the issues raised by the Planning Commission. Ms. Raisher introduced John Ellis, a
representative of Englewood Baptist Church.
John Ellis, 5116 North Washington; Gladstone, stated he is the Chairman
of the Trustees of the Englewood Baptist Church. Mr. Ellis began by saying about three years
ago the church found themselves in a financial crunch. When deciding what to do, they found they had
a lot of land assets. They decided to go
forward with trying to sell part of their property to an appropriate
neighbor. Mr. Ellis said the church
searched and searched, and found Pam Raisher and the Creative Arts Academy as
not just the right neighbor, but the perfect neighbor for the church and the
surrounding neighborhood. Mr. Ellis
stated, on behalf of the church, they would like to see this happen, and would
like to have Ms. Raisher as a neighbor.
The church is willing to do anything reasonable to make this
happen.
Mr. Ellis shared a picture of the proposed white
fencing that is non-maintenance. There
would be approximately 300 feet of fencing to separate the parking lot from the
neighbors to the north. This will be a
beautiful addition to the neighborhood and the church. Mr. Ellis said the church uses the parking
lot on Sundays from 9:00 AM to 12:00 Noon.
On a good Sunday there may be 50 cars.
Generally there are only 20 to 30 cars, as the church is not that
large. On Wednesday night there may be
10 or 15 cars. The church does not
really use the parking lot that much, except for these two events. Mr. Ellis stated he does not see a conflict
is parking in terms of the church and Creative Arts Academy.
Mr. Ellis continued by saying the church currently
has a lease with the Northland Lutheran School Association, and that has not
been a problem as far as parking or traffic.
Mr. Ellis said he is not worried about the parking situation, as there
are plenty of parking spaces. Mr. Ellis
said he visited with Mrs. Norton, a neighbor to the north of the church, who
was delighted with the proposed fencing.
Mr. Ellis stated he feels this proposal is the right thing to do for the
City of Gladstone, Englewood Baptist Church, and for the neighborhood. Mr. Ellis pointed out there were 20 or so
people from the church supporting this proposal tonight. When the church voted on this proposal, it was
100 percent unanimous approval, which is unusual for a Baptist Church.
Councilman Bill Cross asked if the Lutheran School
will continue to rent space from the Englewood Baptist Church.
Mr. Ellis replied the church hopes they will
continue to rent space, but it looks like they will not be able to. The church would like the Lutheran School to
stay another year until their new school is built, but it looks as though that
may not happen. The Lutheran School uses
the facility during the day hours, from 7:00 AM to 4:00 PM, and would be gone
by the time Creative Arts Academy’s students would arrive in the evening.
Comments from those in Favor
Janet McKinney, 4122 North Campbell; Kansas City,
MO., stated
she has been a life long member of Englewood Baptist Church and is currently
serving on the Trustees Committee. Ms.
McKinney said she has a daughter who has been a student of the Creative Arts
Academy for 4 years, and her observation of Ms. Raisher’s business is that she
is extremely savvy in her ability to help children develop creatively at their
own pace. Ms. Raisher is also a smart
businesswoman, and is very good at combining the two abilities. A lot of Ms. Raisher’s business comes to her
by word of mouth. Ms. McKinney asked
this proposal not be considered as a business, but as a school. It is not like putting a restaurant or an Old
Navy store in the space. Ms. Raisher
plans to do some beautification to the buildings she hopes to occupy, so this
might not be as jarring as some people might think when they hear commercial
zoning.
Jim Butler, 4105 NE Shady Lane Drive; Gladstone, began by saying he serves on
a recreation committee and has facilitated a lot of activities at the
church. Mr. Butler said the Planning
Commission was concerned with the land usage, as far as the number of people
who would be on site. Mr. Ellis noted
some of the official activities occur from a church perspective on Sunday and
Wednesday night, but from a recreational perspective, the buildings have been
utilized on evenings for volleyball leagues, and other recreational
activities. Mr. Butler stated many have
been concerned about a dramatic increase in usage through the week, which might
create a disturbance for the neighbors.
Activities at the church are not just on Sunday and Wednesday nights;
there are other activities that occur throughout the week, so the land usage
would not be a dramatic change.
Comments from those in Opposition
Jean Greathouse, 1910 Englewood Road; Gladstone, stated she is not against
this proposal, but she does have some questions. Ms. Greathouse said she has lived in her
house for 48 years, and the area was farm field when she bought her house. One half of her yard borders the Englewood
Church property, and she is concerned with the commercial zoning, and the
possibility of a retail sales business moving in the property in the
future. Her property is to the east, and
she realizes the north area is getting fences, but her home is right next to
the church. The road on the east is used
a lot, and people park on the east side on the grassy area. Ms. Greathouse said she is concerned with the
east side and how this will affect her property.
Mayor Beer stated in terms of use of the driveway,
City staff’s recommendations are that this area would be used for Staff parking
only, and there would be no other general traffic on that road. In that respect, it probably will be less
intrusive than it is now.
Lee Shones, 1908 Englewood Road; Gladstone, stated she lives right next
door to Ms. Greathouse, and she sees the traffic going up and down to the
church all day long. Ms. Shones said it
is hard for her to understand how the church is going to divide its property
for the Creative Arts Academy, and how Gladstone can let a business move into
this property. Ms. Shones stated she
does not understand how Gladstone can allow a business to take over her back
yard. Ms. Shones said she felt if this
business moves in, her back yard will belong to the Performing Arts Academy,
and it can be turned into a parking lot in later years. Ms. Shones stated she felt the north parking
lot would not be big enough for this business, and Ms. Raisher would eventually
take the trees out of the north parking lot and turn that area into a parking
lot which is right next to Ms. Shones’s back yard. Ms. Shones said this business would bring her
home value down, and she has worked very hard to improve her home. People are going to wonder how there can be a
church with a dance studio located in it.
Ms. Shones stated she does not trust Englewood Baptist Church, and she
does not understand how the church can be divided, when part of the chapel
would be in the school building.
Dan Tanen, 4501 Sunnybrook Road; Kansas City, MO, stated he is Ms. Shones’s
son and he is concerned with the possibility of five years down the road, the
Creative Arts Academy might enlarge the parking lot, which would then be right
at his mother’s back yard. This would
affect her property values if she would wish to sell her property.
Mayor Beer stated he believes the crux of Mr. Tanen
and Ms. Shones’s concern is that the Academy would convert some of the land on
the east of the property into a parking area.
If this is approved by the City Council tonight, it would be approved in
the form of an ordinance, which is a City law.
Ms. Raisher would not be permitted to make any changes in the property,
as this is a planned zoning question. If
Ms. Raisher violates any part of the plan, as presented tonight, she could
stand to lose her permit to operate her business.
Mayor Beer closed the Public Hearing.
Mayor Pro Tem Carol Rudi asked Mr. McClure if he would briefly explain how the Special Use Permit could be revoked.
Mr. McClure replied a Special Use Permit is approved
by ordinance, and the applicant must follow the conditions of the ordinance as
passed down by the Planning Commission and as approved by City Council. There are also certain issues with code
enforcement that could bring an application back for review, or cause the
Special Use Permit to be revoked.
Mayor Pro Tem Rudi stated there has been
conversation about the building being attached, and she did not understand
that.
Mayor Beer stated as more facts are being gathered,
he would reopen the Public Hearing.
Mayor Beer reopened the Public Hearing.
Mr. McClure
pointed out on the aerial photo the gym, fellowship hall, and educational
rooms. There is actually a separation
between the educational rooms and the church and church office. There is a separation between the gym and
fellowship hall, and Mr. McClure pointed out a small house that is used for
classes. Ms. Raisher is asking for a lot
split, which is how the church is selling a part of their property. It is a lot split, and there will not be
buildings split. Mr. McClure pointed out
on the aerial map the area Ms. Raisher wishes to buy.
Mayor
Beer asked if the retail part of this business would be minimal.
Mr. McClure replied the proposal is for very low
impact retail sales, and it is his understanding the sales would be for
specific clientele and not for customers coming off the street.
Ms. Raisher stated she has over 15,000 square feet
at the Antioch Shopping Center. Her
retail sales are strictly for the convenience of her students’ parents, and as
it will be for this proposed location, not open to the general public. If someone stops in at her Antioch business,
it is only because they have checked in the Yellow Pages. Ms. Raisher almost always refers them to the Dance Shoppe on Englewood
Road. Ms. Raisher said she does not
carry everything, she just stocks tap shoes, ballet shoes, and leotards.
Councilman Cross asked how many square feet this
proposed area would entail.
Ms. Raisher replied the proposed area would be
18,400 square feet with the education center, as well. Ms. Raisher said she would enjoy the Lutheran
School staying, and is trying to reconfigure her own business so they can stay
housed where they have been, if they so choose.
If they don’t choose to stay, then she will occupy the education center,
which would probably remain an education center with her tumbling classes and
so forth.
Councilman Cross asked what her business hours would
be.
Ms. Raisher replied the regular business hours are
10:00 AM to 2:00 PM, Monday through Thursday, and back each evening from 4:30
PM to 8:30 PM. There are limited classes
on Friday evening, which are usually the competitive dance students and the
competitive gym team. There might be 50
students for two or two and one half hours.
Saturday activities are limited, and there are no activities on Sunday,
which works out beautifully with the church.
Ms. Raisher did a study of her own clientele, and almost 80 percent of
her students are from Gladstone. She has
considered Liberty and Riverside. There
is not much left in Gladstone, anymore.
There are no gymnastic centers; everyone has moved. Dance studios are limited. Ms. Raisher said she would like to have her
business in Gladstone, and feels it would be good for the community.
Mayor Beer said one of the issues discussed with the
Planning Commission was parking lot leasing, and as he understands the
conversation tonight, that has gone away with Ms. Raisher’s purchase of the
parking lot.
Ms. Raisher replied yes.
Mayor Beer stated on Sunday and Wednesday nights,
with church activities, the church visitors might spill over onto Ms. Raisher’s
parking lot. Is there an issue with
that?
Ms. Raisher replied there is no problem at all. The church and she are very amicable to
sharing. The church and she will take
care of beautification and maintenance together. At Antioch Shopping Center she has 52 spaces
right in front of her business, and that is plenty, and although she is trying
to meet the standards of the City, she does not need 150 parking spaces. Ms. Raisher stated she has purchased 72
parking spaces.
Mayor Beer said another issue with the Planning
Commission was the traffic lights at night shining into the neighbor’s
windows. It appears that issue has been
addressed.
Ms. Raisher stated her intent is to paint the
building, put in new sidewalks and landscaping.
She cannot do this up front, but this is her plan and she will ensure
the lovely facility stays the way it is.
Mayor Beer stated both sides of the fence will look
the same, and the neighbors will not have to look at the wrong side of the
fence.
Ms. Raisher agreed that is correct.
Mayor Beer asked if anyone in the audience would
like to speak in Favor or Opposition of this proposal.
There
being none, Mayor Beer closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL 04-21, rezoning property from R-1,
Residential to CP-O, Commercial Planned Non-Retail at property generally
described as 1900 NE Englewood Road.
Applicant: Creative Arts Academy. Owner: Englewood Baptist Church. (File #1223).
Councilman Joe Evans moved to place Bill 04-21 on First Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First
Reading of Bill 04-21, Waive the Rule and place the Bill on Second and Final
Reading. Mayor Pro Tem Carol Rudi
seconded.
Mayor Pro Tem Rudi stated she does not feel this
property needs to be rezoned. The
Special Use Permit does not necessarily have to be rezoned, and she does not
feel a CP-O zoning belongs in this neighborhood. Councilman Rudi said she would be voting
against this Bill.
Mayor Beer explained if Bill 04-21 fails, it simply
means the property is not rezoned. Even
if the Bill were passed, it would be a CPO Planned, and would require a Special
Use Permit to operate a business on the property. If the rezoning is denied, Council can still
move on to Bill 04-22 and consider the Special Use Permit on the property as it
is now zoned, which is Residential.
Mayor Beer agreed with Councilman Rudi, in that he feels commercial
zoning in this area would be inappropriate use of the property. Mayor Beer does not have opposition to the
use of the property for the proposed purpose, except to put such a small spot
of Commercial in a Residential area, he believes would be intrusive in the
neighborhood, and in his opinion could drive down surrounding neighbors’
property values. Mayor Beer stated he
would be voting against this proposition.
The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the Second and Final Reading of Bill 04-21, and enact the Bill as Ordinance 3.913. Mayor Pro Tem Carol Rudi seconded.
Roll Call Vote: “Aye” – Councilman Bill Cross. “Naye” – Councilman Joe Evans, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Mayor Beer stated the rezoning request has failed and Council members will now consider Bill 04-22 as it appears on the agenda.
Item 9b. on the Agenda. FIRST READING BILL 04-22, granting a Special Use
Permit subject to certain conditions to Creative Arts Academy for purposes of
operating a Gymnastics Center in an R-1 Zone at 1900 NE Englewood Road. Applicant: Creative Arts Academy. Owner:
Englewood Baptist Church. (File #1223).
Mayor Pro Tem Carol Rudi moved to place Bill 04-22 on First Reading, with the amendment from a 15 year expiration date to a 2 year expiration date.
Mayor Beer stated there was no second to the motion, and asked if there was another motion to be brought forward.
Councilman Joe Evans moved to place Bill 04-22 on First Reading, with the conditions as noted with a 15 year Special Use Permit. Councilman Bill Cross seconded. The vote: “Aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Wayne Beer. “Naye” – Mayor Pro Tem Carol Rudi. (3-1). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First
Reading of Bill 04-22, Waive the Rule and place the Bill on Second and Final
Reading. Councilman Bill Cross
seconded. The vote: “Aye” – Councilman Joe Evans, Councilman Bill
Cross, Mayor Wayne Beer. “Naye” – Mayor
Pro Tem Carol Rudi. (3-1).
Mayor Beer stated as the option to Waive the Rule
requires a unanimous vote, the second reading of the Bill will be rescheduled
to the next City Council meeting. This
Bill will be on the May 10, 2004, City Council meeting agenda.
Item 10. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 11. on the Agenda. QUESTIONS FROM THE
NEWS MEDIA.
Item 12. on the Agenda. ADJOURNMENT.
Councilman
Bill Cross moved to adjourn the Regular April 26, 2004, City Council
meeting. Councilman Joe Evans
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer