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HomeMy WebLinkAbout1985-11-04 433 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 4, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 4, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of October 28, 1985, were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for discussion. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A reminder that next week's Commission meeting will be held on Tuesday, November 12, due to Veteran's Day, in accordance with Commission policy established at the regular meeting of April 5, 1982. (2) A letter from Representative Pat Williams concerning a House bill relating to the Garcia decision. (3) A letter from Senator John Melcher concerning the Durenberger amendment concerning proposed cuts in the Federal Revenue Sharing program. (4) A' letter from Archie Alexander, 8777 Sypes Canyon Road, concerning interrupted service on his HBO antenna through the Bozeman Cable Television office. Commissioner Vant Hull indicated that she feels Mr. Alexander should be given a response. I Following a brief discussion, Mayor Weaver asked Commissioner Mathre to draft a letter of response. The Commission further concurred that a discussion on franchising of cable television should be conducted prior to the end of the year; and the Mayor requested that the item be placed on next week's agenda. Items to be discussed include (1) whether cable television should be franchised; (2) how much the franchise fee should be; (3) how the revenues from the franchise fee should be spent; and (4) the contents of the franchise agreement. (5) The City Manager indicated that this week's NLC Nation's Cities Weekly requests that Commissioners communicate with their legislators concerning the stormwater permits, which wi II be required under the Clean Water Act. Following discussion, the Commissioners concurred they feel that waterways and fisheries must be protected; but they are concerned about the costs which may be associated with the permit system and the two-year time frame in which all permits must be received. Mayor Weaver then asked Commissioner Anderson to draft a letter to the legislators, for all Commissioners to sign, expressing the City's concerns about this program, requesting further information, and requesting federal assistance in funding this program. (6) The City Manager indicated that he will be attending a meeting in Helena on Wednesday concerning the pooled self-insurance program. He noted that a trust agreement has been drafted and reviewed by several City Attorneys and is now ready for consideration by the committee. (7) The City Manager stated that he and Di rector of Publ ic Service Dick Holmes wi II I meet with the Park County Commissioners on Thursday to see the incinerator and discuss the possibility of hauling some of Bozeman's garbage to Livingston. He noted this item was discussed about three years ago, but no action was taken at that time. City Manager Wysocki then noted that the County is currently working with DNRC on possible expansion of the existing landfill at Logan; and the City has previously indicated an interest in developing a joint site with the County. 11-04-85 43'+ Items. II License - Nester Corporation dba Mikels Place and I treet - one VI eo draw It was moved by Commissioner Mathre. seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Recess - 4:25 p.m. Mayor Weaver decla red a recess at 4: 25 p. m ., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearing - Conditional This was the time and place set for the public hearing on the Conditional Use Permit requested by Sunrise Investments, Inc., doing business as Ziebart Appearance and Protection I Service, for Junior W. and Elizabeth Tschache and Charlie Rush, et ai, to allow an automotive appearance and protection service on Tract 18, Gordon Mandeville State School Section Sub- division. This site is more commonly known as 2312 North Seventh Avenue. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He indicated that the subject site is just north of the Starlite Drive-In and was previously utilized as the Premier Homes mobile home sales lot. He noted the subject 4.5-acre site is located in an M-l- T, Commercial--Light Manufacturing with a Transitional Overlay, District. The Assistant Planner then indicated that the applicant proposes to use an existing building on the site for his business. The Assistant Planner then indicated that automotive service and repair shops are a permitted use in the M-l district, but the "TII requires a conditional use permit. He noted three items must be considered under the IITII designation: (1) buffering for adjacent proper- ties not zoned M-l or M-2; (2) signs, which must be appropriate and not illuminate adjacent properties; and (3) access to central sewer faci Iities. He indicated that the applicant proposes one self-illuminated and transluscent sign, which would not shine on adjacent properties. Assistant Planner Skelton indicated there are three other existing buildings on the site; and the applicant must either go through the Planned Unit Development process or the minor subdivision process to amend the plat, separating the parcel and building under consideration in this request from the remainder of the existing tract. He indicated that the Planning Staff has encouraged the applicant to submit an amended plat; and that process is now underway. I The Assistant Planner then indicated that the Zoning Commission conducted its public hearing on this item and concurred in the Planning Staff's recommended conditions for approval, with a slight revis ion to Condition No.3. Mayor Weaver questioned the need to amend the plat or require the applicant to go through a Planned Unit Development process. Planning Director Steve Lere stated that an entire parcel and all of the buildings on that parcel must be considered during review of an application. He noted the original intent of that 11-04-85 435 requirement was to avoid evading the subdivision regulations and the review process. He indicated that the amended plat is a minor subdivision review which will be conducted in-house by the Planning Staff. Mr. Jim Woodley, President of Sunrise Investments, Inc., doing business as Ziebart Appearance and Protection Service, submitted to the Commission information folders on the Ziebart process. I Commissioner Anderson asked about toxic gases and waste disposal, including liquid wastes. Mr. Woodley stated there are no by-products from this process. He indicated a mineral spirit combined with a cleaner is utilized on the car when it comes in. That cleaner is then caught in a grease trap setup; and the mineral spirits will evaporate within 24 hours from that trap. He noted there are no liquid wastes involved. Commissioner Vant Hull noted there are quite a large number of parking spaces required for this business. She also asked how many cars could be in the building at one time. Mr. Woodley stated the number of parking spaces is based on the size of the building. He then indicated that the existing structure is larger than needed; however, it was the only empty building in Bozeman which would accommodate his needs. He stated that he could probably process as many as ten cars in one day; but he does not anticipate more than five cars per day. He then stated that all customer vehicles will be stored inside the building from the time they arrive until they are picked up. Commissioner Mathre noted there is a roll-up door on the east end of the building but no apparent way to get to it and asked if the applicant intends to use that door. Mr. Jim Woodley stated that there is a three-foot drop-off at the back door, noting it would probably serve as a loading dock for semi-trucks if they could gain access to that door. He stated he will insulate and close off that door during remodeling. Mayor Weaver asked the applicant if he understands all of the conditions recommended by the Planning Staff and the Zoning Commission. I Mr. Woodley indicated he does understand all of the conditions. He then noted that the property owner must file the amended plat, which has apparently been done. He stated he is simply leasing the building for his business. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. This was the time and place set for the public hearing on the Zone Code Amendment proposed by the Planning Staff to amend Sections 18.10.020,18.50.220 and 18.52.140 of the Bozeman Municipal Code to allow one-family mobile home units on foundations as a permitted use in the AS, Agricultural Suburban, District. Mayor Weaver opened the publi-c hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted that the Commis- sion approved a Zone Code Amendment in 1983 allowing mobile homes which meet compatibility criteria as a permitted use in the R-S, Residential--Suburban Country Estates; R-2-A, Residential- --Single-fami Iy, Medium-density; R-3, Residential--Medium-density; and R-4, Residential--Medium- density Apartments, Districts. That same amendment also allowed mobile homes meeting the compatibility criteria as a conditional use in the AS, Agricultural Suburban. District. The Planning Staff and the Zoning Commission have expressed concern about the differential treatment I between zoning districts; and their review of the minutes and other documents from the previous proceedings do not indicate any compelling reason to maintain the differentiation. The Assistant Planner further noted that only one request has been submitted for placement of a mobile home in an AS District; and the hearing on that request was recently tabled before the Zoning Commission. Commissioner Jordan asked if covenants prohibiting mobile homes would take precedence in an area if this Zone Code Amendment is adopted. The Assistant Planner indicated that the covenants would take precedence. Commissioner Mathre noted the intent when the previous Zone Code Amendment was 11-04-85 435 approved was that mobile homes meeting the compatibility criteria would be allowed in the AS District as a second residence on the property for farm labor. She noted this Amendment does not address that item. Assistant Planner Elkins stated the AS District does allow residences for farm labor as an accessory use. Commissioner Vant Hull asked if this Zone Code Amendment might result in abuse. The Assistant Planner noted that any mobile home must meet the compatibility criteria I which have been established before approval is given. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Code Amendment - Planning Staff - amend Sections 18.04 and 18.52.140 of the Bozeman Municipal Code to establish a definition for bars, taverns and cocktail lounqes and to aTIow restaurants servinq alcoholic beverages as a conditional use in the B-1. B-2 and B-3 Districts This was the time and place set for the public hearing on the Zone Code Amendment proposed by the Planning Staff to amend Sections 18.04 and 18.52.140 of the Bozeman Municipal Code to establish a definition for bars, taverns and cocktail lounges and to allow restaurants serving alcoholic beverages as a conditional use in the B-1, Neighborhood Business; B-2. Community Highway Business; and B-3, Central Business, Districts. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted that in 1984. the Commission approved a Zone Code Amendment to allow bars, taverns and cocktail lounges as a conditional use in the B-2 and B-3 Districts. No definition for bars, taverns and cocktail lounges was established at that time; and the Commission requested that one be brought back for cons ide ration . Also, concern was expressed about restaurants, which are permitted uses in the B-1, B-2 and B-3 Districts, being allowed to serve alcoholic beverages with their meals. The Assistant Planner indicated that under this Zone Code Amendment, restaurants would remain a permitted use in the B-1, B-2 and B-3 Districts; but any restaurant serving alcoholic I beverages would be a conditional use in those zoning districts. She noted an easy way to determine whether an establishment is functioning as a restaurant or as a bar would be to review the gross receipts and determine whether at least 50 percent of those monies were generated through the serving of food rather than alcoholic beverages. Assistant Planner Elkins then reviewed the proposed definition for bars, taverns and cocktai I lounges, as follows: "Bar (Tavern, Cocktail Lounge) IBar' means an establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food. II Commissioner Vant Hull expressed concern about the proposed determination of whether a facility is operating as a restaurant or as a bar, suggesting that it be changed so that if the sale of alcoholic beverages exceeds 30 percent of the total sales of food, the facility is no longer a restaurant. The Assistant Planner indicated that the percentages can be changed; however, the 50 percent can be much more easi Iy enforced. She then stated that she has worked with this definition and proposed formula for determination; and they have worked well. Assistant Planner Elkins then indicated that the Planning Staff's primary concern is to be sure that any sale of alcoholic beverages in the B-1 District is incidental to the serving of food, not a primary function. Commissioner Jordan suggested that the hours for serving of alcoholic beverages be tied to the hou rs for servi ng food. He noted that would avoid the possibility of a facility closing its dinner hour and then continuing to serve alcoholic beverages until bar closing time. I Mayor Weaver noted that a lot of successful restaurants make their profit margin on the bar and questioned whether the proposed definition will be adequate to address such items. Assistant Planner Elkins stated she feels the definition is adequate. She also indicated that restaurants are not usually located in the B-1 District; and bars want the additional traffic that a B-2 or B-3 District carries. Mayor Weaver then suggested that the Commission's intent be included in the definition of a "bar" as guidance to future decision makers and to the applicant. 11-04-85 437 Planning Director Steve Lere stated that in the B-1 District, if a Conditional Use Permit is granted and the use changes, the Conditional Use Permit will be lost. He further indicated that, under the Conditional Uses for Individual Zoning Districts section, the B-1 District could be revised to read "restaurants serving alcoholic beverages, where the serving of alcohol is incidental to the serving of food." Commissioner Mathre noted that the Commission has not reviewed restaurants in the past. I She noted that under this Zone Code Amendment, any restaurant serving alcoholic beverages or any bar would be reviewed through the conditional use process. Mrs. Gai I Sanchez, owner of the Casa Sanchez Restaurant, noted their restaurant is located in a B-1 District; and they have applied for a beer and wine license to complement their food service. She indicated that she feels it is important that the serving of alcoholic beverages in a restaurant located in a B-1 District be incidental to the serving of food. She then stated support for Commissioner Jordan's suggestion that the hours for serving of alcoholic beverages be tied to the hours of serving food in a restaurant located in the B-1 District. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission I 11-04-85