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REQUEST: <br />DOGWOOD FESTIVAL <br /> <br /> Mr. Leon Bowen, Director of the Dogwood Festival, requested use <br /> of McIntire Park for the Dogwood Festival from April 16th through <br /> <br /> April 28th and asked that fees be waivewd. <br /> <br /> Mr. O'Connell stated that conditions such as adequate insurance <br /> must be met by the Dogwood Festival. <br /> <br /> On motion by Mrs. Gleason, seconded by Mr. Barnes, the Dogwood <br /> Festival was unanimously granted use of McIntire Park from April 16th <br /> through April 28th and fees were waived. <br /> <br />APPEAL: Mr. Buck stated that he would abstain from discussion on this <br /> PLANNING COMMISSION <br /> ACTION RE: item due to a potential conflict of interest and Vice-Mayor Gleason <br /> CHERRY AVE. <br /> CHRISTIAN CHURCH would preside. <br /> SITE PLAN <br /> Mr. Wiley briefed Council on the chronology of the Cherry Avenue <br /> <br /> Christian Church site plan. In the spring of 1984 the church was <br /> expanding their parking lot and was found to be without a site plan. <br /> In August of 1984 the Planning Commission approved a site plan which <br /> included two alternatives for the church: 1) move the toe of the <br /> slope on the church property back from the stream five feet or 2) <br /> put in rip rap on the lower part of the slope down to the floor of <br /> the stream. In January of 1985 the church requested that the Planning <br /> Commission reconsider their decision as the rip rap was very expensive. <br /> The Planning Commission reconsidered the site plan requirement but <br /> did not modify their decision. The church elected to appeal the <br /> decision to the City Council. Mr. Wiley added that while he felt the <br /> church had acted in good faith, they had to date failed to comply <br /> with the Planning Commission's site plan requirements. <br /> <br /> Mr. Barnes questioned what the standard of review should be for <br /> the appeal. <br /> <br /> Mr. Wiley replied that Council should evaluate the reasonableness <br /> of the Planning Commission's decision. <br /> <br /> Mr. George Gilliam, an attorney representing the Cherry Avenue <br /> Christian Church, stated that the church had not behaved perfectly but <br /> that conflicting advice had been received from the church's engineers <br /> and the City on the necessity of the rip rap. Mr. Gilliam stated that <br /> Mr. John Berberich, Director of Public Works, had stated that he felt <br /> no rip rap was necessary; Mr. Satyendra Huja, Director of Community <br /> Development, had stated that he felt rip rap of approximately 70 to <br /> 100 feet would be necessary; and the Planning Commission had required <br /> 240 feet of rip rap. Mr. Gilliam stated that an estimate of $40,000 <br /> to $50,000 for the rip rap required by the Planning Commission had <br /> been obtained and the church felt that would be a financial hardship <br /> for questionable work. Mr. Gilliam stated that the church was willing <br /> to enter into an agreement with the City whereby the integrity of the <br /> stream bank would be guaranteed by posting a performance bond. Mr. <br /> Gilliam added that while the Planning Commission had required the <br /> ri~ rap to prevent damage to the stream bank, he felt the requirement <br /> was unreasonable. <br /> <br /> On a question by Mr. Barnes, Mr. Gitliam stated that no other <br /> rip rap estimates had been received. <br /> <br /> Mrs. Gleason questioned why the church initially agreed to the <br /> <br /> <br />