CITY COUNCIL MEETING
MONDAY, JUNE 26, 2000
Mayor Dan Bishop called the Regular June 26, 2000 City Council Meeting to order in the City Council Chambers at 7:30 p.m.
City Manager Kirk Davis
Item 3. on the Agenda. Pledge of Allegiance.
Mayor Dan Bishop led the Pledge of Allegiance to the Flag in which all joined
Item 4. on the Agenda. Approval of Minutes.
Councilman Anita Newsom moved to approve the Regular Monday, June 12, 2000 City Council Meeting Minutes as submitted. Councilman Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Item 4a. on the Agenda. PROCLAMATION: recognizing Helen Midkiff, for her contributions to the beautification of Gladstone for more than four decades through the planting and nurturing of over 400 varieties of roses at her residence at 72nd & N Cherry Lane.
In presenting the framed proclamation to Mrs. Midkiff, Mayor Bishop referred to a Kansas City Star article about her that told of the optimism she finds in her roses as evidenced by a sign in her garden which reads "I can complain because rosebushes have thorns, or rejoice because thorn bushes have roses".
Item 4b. on the Agenda. PROCLAMATION: designating Tuesday, June 27, 2000 as "JIM BEATTY RECOGNITION DAY" in Gladstone, Missouri, in tribute to retiring Gladstone Public Safety Sergeant James Beatty's thirty-two years of service to the City of Gladstone, Missouri.
Mayor Dan Bishop said this proclamation is presented with great pleasure and sadness. He noted Sergeant Beatty was the recipient of the KMBC TV 9 Metropolitan Chief's Association Bronze Award of Valor in 1988 and has continually earned the respect of Gladstone residents, fellow officers and employees, city officials, and area law enforcement agencies.
The Mayor said he had occasion to go on several Public Safety ride-a-longs since coming on the Council and can tell us that Sergeant Beatty's fellow officers certainly respect him and say that he is as fine a man as you could ever hope to meet and is one individual who none of them would mind taking correction from in any matter of morals or advice in any way because he is a man who walks the walk. The Mayor said his retirement is a loss to the Public Safety Department and the City but we thank Sergeant Beatty for all he has done.
Sergeant Jim Beatty thanked the Mayor and Council and said he has thoroughly enjoyed working for the citizens of Gladstone for the past thirty-two years. He said he has enjoyed most of his assignments which have been enlightening, right up to the delivery of City Council packets. He wished his fellow officers the same enjoyment he experienced and the hope that the Lord will watch over them.
Item 5. on the Agenda. CONSENT AGENDA.
Following the Clerk's reading, Councilman Anita Newsom moved to approve the Consent Agenda as listed. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
CONSENT AGENDA DETAIL:
Councilman Anita Newsom moved to adopt RESOLUTION NO. R-00-52, authorizing execution of a contract with the Larkin Group in the amount of $189,000.00 authorized from the Combined Waterworks & Sewerage System Fund for the design of the Water Treatment Plant & Water Supply Improvements Project. (Project #0113) Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved to adopt RESOLUTION NO. R-00-53, authorizing execution of Change Order #4 in the amount of $44,880.00 to the contract with Burns & McDonnell Engineers for Inspection and Administration of the 72nd Street Reconstruction Project authorized from the Transportation Sales Tax Fund. (Project #9417) Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved to adopt RESOLUTION NO. R-00-54, authorizing the City Manager to make application under the Local Landmark Parks Program of the Department of Natural Resources for a grant-in-aid for renovation of Happy Rock West Park. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved to adopt RESOLUTION NO. R-00-55, affirming and ratifying the actions of the City Manager and City Counselor relating to the purchase of certain real property within the City of Gladstone, accepting the deed transferring such property to the City and directing the City Clerk to file such deed with the Clay County Recorder of Deeds. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved to adopt RESOLUTION NO. R-00-56, authorizing execution of a contract with Kansas City Area Transportation Authority to provide public transportation serving Gladstone residents for the period July 1, 2000 through June 30, 2001 for a total Gladstone Local Share not to exceed $17, 133.00 from the Transportation Sales Tax Fund. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved for APPROVAL OF ANNUAL LIQUOR LICENSE RENEWALS: Kwik Shoppe, 7603-05 N Oak; Firehouse North, 6948 N Oak, Applebee's Neighborhood Grill & Bar, 6069 Antioch Road, Gladstone Bowl, 300 NW 72nd Street. . Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Newsom, Bishop. (3-0)
Councilman Anita Newsom moved for APPROVAL OF FINANCIAL REPORTS for the month of May, 2000. Councilman Shirley Smith seconded. The vote: All aye" - Smith, Newsom, Bishop. (3-0)
Item 6. on the Agenda. Communications from the Audience.
Mary Abbott, 5905 N Broadway, thanked the City Council for adoption of a good budget, and said we need firefighters and police cars, and we need to have the security that this budget allows us. She thanks the City Council very much.
Galen Neill, 6010 N. Wyandotte, said he has been asked by residents of the 59th Street - 61st Street Neighborhood Watch Group to deliver a letter tonight addressed to Mayor Dan Bishop , Councilman Bill Cross and Councilman Shirley Smith expressing gratitude for their foresight in approving the 2001 Gladstone City Budget, which provides the citizens of Gladstone with a new mobile radio unit, four new police patrol cars, and a new snow removal truck. These items help increase the safety and welfare of all residents of Gladstone. This budget also provides the hiring of two full time firefighters which is vital to the health and well being of every resident in Gladstone. Mr. Neill said the letter concludes with a thank you to Mayor Dan Bishop, Bill Cross and Shirley Smith and says we appreciate you and support you and is signed by residents of that area.
Item 7. on the Agenda. Communications from the City Council.
Councilman Shirley Smith reported she will attend an open house for the new Synergy House Thrift Store in the Gladstone Plaza Shopping Center on Wednesday, June 28th from 12:00 - 1:00 P.M. This organization has done great work through the years and she hopes this store is successful in bringing in money so they can to continue their good work.
Councilman Anita Newsom, expressed her appreciation to all those who participated in the success of the Blues Fest. The weather held and it was a well organized event.
Ms. Newsom reminded of the 4th of July Fireworks display in Oak Grove Park complete with band concert. She is cranking up two freezers of ice cream, as is Park Board Chair Freddie Nichols and all are invited to meet under the big tree for sampling.
Ms. Newsom said their has been a media focus the last few days in remembering the veterans of the Korean War which reminded her of the flag banners that are flown throughout Gladstone which were purchased during the Gulf Storm conflict. Individuals donated $40-60 at the time for each flag and with the passage of time, some need to be replaced. You get a great feeling of community when you see those flags as you come down the street, particularly at this time of year. She does not like to see a "shoddy" flag and would be happy to organize an effort to purchase replacements.
Mayor Dan Bishop commented that he was glad to see the reference in the Sun Newspaper about storm warning sirens. Gladstone has gotten a lot of attention in the new media. We have done a good job in Gladstone updating our storm siren system and do have coverage in all parts of Gladstone. It is a point of pride for us and he hopes citizens feel comfortable that the city is covered.
The Mayor also complimented the successful Blues Fest and the great weather we had for this two day event.
Item 8. on the Agenda. . Communications from the City Manager.
City Manager Kirk Davis reminded of the upcoming 4th of July fireworks display in Oak Grove Park, and the first Theatre in the Park Production this year of "Joseph and the Amazing Technicolor Dream Coat" July 7, 8 and 9th.
Mr. Davis also invited the City Council to attend the retirement luncheon for Sergeant Jim Beatty at 11:30 on Tuesday, June 27th in the Gladstone Council Chambers.
Item 9. On the Agenda. PUBLIC HEARING: on a request for rezoning from R-1 to CP-3, property located at the southeast corner of N. Oak and NE 68th Street. Applicant: Fuel Outlet #11, L.L.C. Owner: Judy Kendrick and Lorena Parr. (File #1125).
Mayor Dan Bishop opened the Public Hearing and explained the hearing process.
Applicant Dan Claassen, Wichita, Kansas, founder of Fuel Outlet, expressed his appreciation of Council's consideration of this rezoning request. He explained that Fuel Outlet is an unattended opportunity for citizens of the city to obtain unleaded and premium un-leaded gasoline. It is an un-attended station offering no other amenities other than those typically offered at a gas station as far as air for tires, windshield cleaner, and gasoline. There is no C- store, no building, and no attendant on site for the operation. The customer would simply drive up to the gas dispenser and put in cash or paper money, coin or credit card and receive authorization in the event of a credit card transaction, pump their gas and receive a receipt if they so desire. When they developed the system they started from the ground up for unattended fueling, This is not equipment that is available off the shelf for a fueling operation it is totally nationally certified equipment designed specifically for an unattended gasoline facility.
He said it has many features and has many parts about it that are not typical to a gas service station and just to drive home that point, when it went through the national registry for authorization for gas dispensers they had to rewrite a lot of the rule books because of the technology used for this type of equipment. It is enhanced with several safety features and operational features. In essence, it is the Cadillac of the line for the equipment used in the internal parts of the dispenser. For customer convenience there is an assistance phone on site offered twenty four hours a day, seven days a week, so that in the event that anyone has a difficult time or a question about the operation, they have access to trained personnel who can guide them through or take care of the question they may have. The technicians who travel around and take care of these facilities are certified by the company, they are not just clean up crew people. They have the ability to work on the equipment and have the parts and pieces necessary to keep the dispenser in operation on the service truck that makes the rounds. So that in the event that something goes wrong, or a customer has a problem, they can be dispatched instantly 24-hours a day to the facility and fix any problems they may have.
Mr. Claassen said they went through the Planning Commission process and at the first session there were a couple of questions that the Commission had on the safety and viability and the approvals of the state, local or federal agencies including fire departments. They were able to work with staff to bring to their satisfaciton the fact that this has been done before and as close as Independence in Missouri, and that it is an approved and authorized business.
He said, at the second Planning Commission Meeting, a concern was addressed that in the event this went away as a gas station there was a fear that it would turn into what was described as a mini-used car lot, where a gas station is in operation and up and going for a period of time and goes out of service for whatever reason and then turned into a used car lot.
This lot is not the typical size for a convenience store, it does not need a parking lot it only needs a drive for ingress and egress to the gas dispensers, so the lot is not big enough in the event that would happen nor is there even a building associated with this. In the unlikely event that it would go away as a fuel outlet facility it just physically would not be possible to turn it into a used car lot.
Mr. Claassen said he understands the concerns of the City and would be more than pleased to offer a deed restriction associated with the property that would not allow it to be used ever as a used car lot.
Councilman Anita Newsom noted that it was said that service technicians are dispatched instantly. What is the response time?
Mr. Claassen responded that it is a ten-minute response time. 99.9 percent of the time it is just a question and that can be taken care of over the phone. Understand these dispensers are made up of mechanical equipment and although they put in good stuff, they do fail. So if something happens, such as someone does not get a receipt because the paper is jammed or a heavy snow and the paper is jammed, then they can log them in as needing a request and mail that off from their home office the following day. These are the type of issues they normally have associated with it. As far as safety concerns, he would mention that all the fuel lines, tank and under the dispenser, have the ability to catch any spill that may occur in a secondary contained housing. So anywhere in the fuel stream from storage to delivery, if there was a leak, alarms would go off and the facility would automatically shut down.
Ms. Newsom asked about gasoline spills on site. Mr. Claassen said they would respond no differently than a standard gas station in the event that happened, the Fire Department would be called. Although they carry equipment on board to clean up fuel spills, it is very customary to go ahead and dispatch the fire department.
In the unlikely event that someone would sever a hose or if a vandal would take a knife and slash a hose, at a standard gas station you could pump thousands of gallons of gas onto the tar mat; here, you will pump less than a tenth of a gallon,. The system will note the difference in the pressure on the hose and automatically shuts down. That is one of the safety aspects we have.
Councilman Shirley Smith asked if most of their other facilities are off of freeways. It seems to her that would be the ideal location because we are still kind of a bedroom community and she does not see anybody driving down N Oak at 3:00 A.M. who suddenly feels they have to have gasoline. To her the problem is not with what is proposed but simply location.
Mr. Claassen said they look at it as a neighborhood gas station. All but one of their locations are in neighborhoods. The only exception to that happens to be in Independence at the corner of 24 Highway and 291 Highway. The rest of them are right in the area with the potential customers, in the neighborhood where the customer lives. They aren't a convenience store, they are not the neighborhood grocery store, they are a specialty use retailer who offers fuel at a discount. Their customer typically is the one who says - "I just want to save some money, I don't need anybody there to watch me do it or there if I need assistance; or I don't want anybody to sell me a loaf of bread, I just want to come in and get my gas and get out as fast as I can, and save me as much money as you can." Those people exist from corner to corner of the city, so putting these facilities right in the middle of where they live is where they need to be to service their needs.
Councilman Shirley Smith asked if it would be inconvenient to have closing hours, or if it is better if they are open all the time.
Mr. Claassen said it is better if they are open all the time although traffic after 11:00 pm drops off. As far as being in the neighborhood, they have a big umbrella canopy which they designed specifically for a neighborhood. Research indicates that bright lights promote safety and is a marketer for more sales. They have that same amperage of light but they tucked it up under the canopy so that five feet up under the canopy is where these lights are. So there is no flooding of lights to the neighborhood, it is always directed down making them a good neighbor.
Staff Presentation: Director of Community Development Scott Wingerson said it is important to note that the facility in total includes a 24' x 68' canopy, the associated drives, a small service areas, a dumpster enclosure, a small pay phone, and the sign. The applicant requests a buffer zone variation at the southwest corner of the property. The City Code requires a 35' buffer and that buffer is slightly encroached upon.
Mr. Wingerson said there are three main concerns from the staff's perspective. The first is that the facility is proposed for a 24 hr. operation. The facility is un-manned, and directly adjoins residential property. Because there is no primary building and no staff management of the facility in terms of controlling noise and other activities on the property, the use of the site becomes very very intense.
The second concern relates to the current zoning of the property. It is currently zoned R-1 and the applicant requests rezoning to C-3 zoning. If approved, a C-3 classification would be directly adjacent to single family residentially zoned property and multi family residentially zones to the east.
Third concern is that the facility does not provide an enclosed structure. In this case the fueling island and canopy serve as the primary structure. Although it is allowed in a C-3 zone classification, the underlying zoning actually regulates the future land use. There are several examples of allowable land uses in a C-3 zoning classification. Mr. Wingerson said Mr. Claassen referenced used cars but there are other uses such as shop stores, yards for the retail rental of automobiles, trucks, boats, building supplies and lawn accessories, wholesale sale of automotive equipment, construction equipment and farm equipment. Services such as automobile repair and washing, farm machinery repair, general repair and fix-it shops, frozen foods including lockers, drive in theaters, swimming pools, bakeries, pop bottling and manufacturing type uses. All of those uses are also not necessarily required to be located within a primary enclosed structure.
Mr. Wingerson noted that the spirit of the request is truly innovative. The concept of an un-manned fueling facility is innovate and he is sure very very successful. However, this request is not in compliance with the Zoning Ordinance or the Comprehensive Plan. There were several options for the Planning Commission to consider. One was to approve the request as petitioned, one was to approve with conditions which are recommended in your ordinance; and finally, the Commission can recommend to deny the request. In this particular case, the staff recommended that the request be denied; the Planning Commission voted 8-0 unanimously to support that recommendation.
Mr. Wingerson invited questions.
Councilman Anita Newsom asked what the Comprehensive Plan shows for that corridor. Mr. Wingerson responded, general commercial in terms of land use, however the comprehensive plan talks about generally buffering C-3 uses with less intensity uses such as C-2, C-1, C-0 for transition.
Item 9a. on the Agenda. FIRST READING BILL 00-29, rezoning property located at the southeast corner of N. Oak and NE 68th Street from R-1 to CP-3. Applicant: Fuel Outlet #11, L.L.C. Owner: Judy Kendrick and Lorena Parr. (File #1125).
Councilman Anita Newsom moved to place Bill 00-29 on First Reading; Councilman Shirley Smith seconded.
Councilman Anita Newsom said she has strong mixed emotions about this proposal. She truly likes the innovative concept and thinks it is probably a service that we are looking forward to in the future throughout many parts of the community. Her greatest concern about this business is this particular proposed location. When you look at the whole plan, it is a corner that is carved out of a solid R-1 residential block. Residences that have been there for years and years and are still very strong viable residences. She would like to see a less intense commercial use there. She would like to see Mr. Claassen's business located someplace else in the community. She does not think this is the place for this particular business.
Councilman Shirley Smith said she concurs. She thinks it is a fine facility and is worthy of consideration but thinks it is the wrong place, and encourages the applicant to examine some other locations in the city perhaps farther down N Oak where it is more commercial or elsewhere. She agrees this is not the right spot.
Mayor Bishop noted that the Planning Commission is comprised of volunteers who are appointed by the City Council and serve for the good of the community They have regularly scheduled meetings all most as often as the regular Council Meetings, and they work hard and are conscientious and diligent. He will not say that we always follow the recommendations of the Planning Commission, but when you have a unanimous vote against a proposal, he has to consider that very strongly. He has reviewed the Planning Commission Meeting Minutes and based on the thought processes in what he read, and the views of his fellow Council members, he too is unable to support this proposal tonight.
Roll Call Vote on placing Bill 00-29 on First Reading; "Aye" - 0. "No" - Smith, Newsom, Bishop. (0-3) Mayor Bishop announced that this Bill has been defeated.
Item 9b. on the Agenda. FIRST READING BILL 00-30, approving a Site Plan in conjunction with a rezoning at 6779 N. Oak Trafficway. Applicant: Fuel Outlet #11, L.L.C. Owner: Judy Kendrick and Lorena Parr. (File #1125).
Mayor Bishop advised that due to denial of Bill 00-29 (Item 9a), this Site Plan Bill will not be introduced.
There were no communications from the News Media or further business to come before the June 26, 2000 Gladstone City Council Meeting, and Mayor Dan Bishop adjourned the Regular City Council Meeting.
Councilman Anita Newsom moved to adjourn to Closed Executive Session in the City Manager's Office for Litigation Discussion pursuant to Missouri Open Meeting Act Exemption610.021(2), as previously posted. Councilman Shirley Smith seconded the motion. The vote: All "aye" - Councilman Newsom, Councilman Smith, Mayor Bishop. (3-0)
Marilyn F. Ahnefeld, City Clerk