CITY COUNCIL 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)
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.
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.
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.
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)
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Wayne Beer