HomeMy WebLinkAbout1996-03-18 Minutes, City Commission
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MINUTES
OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,
MONTANA
March
18, 1996
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. The Commission
of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, March 18, 1996, at 3:00 p.m.
Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Acting
City Manager
Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
Commissioner Stiff was
absent in compliance with Section 7-3-4322(2), M.C.A.
The meeting
was opened with the Pledge of Allegiance and a moment of silence.
None
of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - March 4 and March 11 , 1996
It was
moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
. minutes of the meetings of March 4 and March 11, 1996, be approved as submitted.
The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No,
none.
Conditional Use Permit - Gaston Enaineering for Town Pump, Inc. - allow
conversion of existina
4,200.sauare-foot space in Buttrey's Shoppinq Center into casino servin
a alcoholic beveraaes-
Buttrey's Tract of Kirk's 2nd Addition (1601 West Main Street)
(Z-9603)
This
was the time and place set for the decision on the Conditional Use Permit
requested by Gaston Engineering for Town Pump, Inc., under Application
No. Z-9603, to allow
conversion of an existing 4,200~square-foot space in Buttrey's Shopping
Center into a casino
serving alcoholic beverages. The subject site is more commonly known as
1601 West Main
. Street.
Included
in the Commissioners' packets was a letter from Gaston Engineering
requesting that this item be postponed to the April 8, 1996 Commission
meeting.
Acting
City Manager Brey reminded the Commissioners that the April 8 meeting is a
work session, and recommended that this item be tabled until the April
1 meeting.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission delay action on this conditional use permit until April 1, 1996, as requested by the
applicant. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck;
. those voting No, none.
Preliminary Dlat review. Morrison.Maierle for Golf Course Partners - Bridger Creek Subdivision.
Phases II and III . allow subdivision of 56.6 acres into 91 sinale-family lots and 1 condominium
lot - Dortion of tract in NWY4, Section 1. T1 S. R6E. MPM (both sides of Mcllhattan Road.
immediately south of City landfill) (P.9601)
This was the time and place set for review of the preliminary plat for Bridger Creek
Subdivision, Phases II and III, as requested by Morrison-Maierle for Golf Course Partners, under
Application No. P-9601, to allow 56.6 acres located in the Northwest one~Quarter of Section
1. Township 1 South, Range 6 East. Montana Principal Meridian, into 91 single-family lots and
1 condominium lot. The subject parcel is more commonly located along
both sides of
Mcllhattan Road, immediately south of the City landfill.
. Included in the Commissioners' packets was a letter from Morrison-Maierle, requesting
that action on this item be tabled for two weeks, to allow the applicants an opportunity to meet
with the Recreation and Parks Advisory Board and the Parks, Open Space and Trails Committee
to resolve the issue of trails.
Acting City Manager Brey stated that the Clerk of the Commission has also received
a letter from Morrison-Maierle, dated March 14, extending the review period for this preliminary
plat to April 15, 1996. He then recommended that the Commission
table action on this item
to April 1, per the applicant's request.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission delay action on this preliminary plat until April 1, 1996, as requested by the
applicant. The motion carried by the following Aye and No vote:
those voting Aye being
. Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck;
those voting No, none.
Reauest for classification of use. Der Section 18.06.060 of the Bozeman Municipal Code -
mobile oil and lube services
Included in the Commissioners' packets were copies of a letter from Mr. Dick Stefani,
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dated March 13, and a memo from Planning Director Epple, dated March 5, providing
background information on this request for classification of use.
Senior Planner Dave Skelton distributed copies of Chapter 18.50 of the zone code,
which sets the general building and development guidelines, to the Commissioners.
He
. reminded the Commission that under this application, they are being asked to determine
whether mobile oil and lube services may be addressed under the home occupation section of
the code. He noted that, when classifying a particular use, the City Commission
must find:
"1. That the use is the same as one or more uses permitted in the district
wherein it is proposed to be located or,
2. That the use is so similar to one or more uses permitted in the district
wherein it is proposed to be located as to be interpreted as the same, so long
as:
a. The use
and its operation are compatible with the
uses permitted in the district wherein the use is proposed to
be located,
b. The use
will not cause substantial injury to values of
property in the neighborhood or district wherein it is proposed
to be located, and
. c. Neither
the intent of this title nor the intent of the
district will be abrogated by such classification."
The Senior Planner further reminded the Commission that, under the code:
"If a specific use is not listed and cannot be interpreted to be the same, or so
similar so as to be interpreted the same, as a listed permitted or conditional
use, the use shall not be allowed. However, a zoning
code amendment may
be submitted for review and approval pursuant to the requirements of this title
to allow such use as a listed permitted or conditional use."
Senior Planner Skelton reviewed the three questions contained in the Planning
Director's memo, which include: whether this use should be
considered the same as other
permitted accessory type uses in residential districts, whether they should be considered the
same as other permitted uses in commercial districts, and whether some type of conditions of
approval should be established.
The Senior Planner noted that, as a result of the discussion at last week's work
. session, it appears some type of regulatory standard or restriction may be desirable if this use
is to be allowed in residential neighborhoods. He suggested that if the Commission wishes to
pursue that alternative, it would be best addressed under Chapter 18.50 of the zone code. He
indicated that Planning staff has discussed the possibility of addressing this item as a
conditional use; however, they are uncomfortable with the fact that a conditional use permit
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is site specific and, under this proposal, the site for which the permit was received would not
be the site upon which the activity is taking place. He
indicated that if the Commission
determines this use is not the same as or similar to one or more uses proposed within the
district, then it may choose to pursue the zone code amendment process. He stated that if that
. is the Commission's decision then, in the interim, staff could allow the mobile oil and lube
services under a temporary use permit while the amendment is being processed.
Senior Planner Skelton noted that Mr. Stefani is present at this meeting
and had his
mobile lube vehicle available for inspection outside City Hall just prior to the meeting. He noted
that if all units used for this type of business were internal mobile units like Mr. Stefani's, then
many of the environmental concerns raised would be addressed. He cautioned, however, that
other businesses may choose to use open trailers with drums on them; and that type of unit
would only raise more environmental concerns.
Commissioner Frost noted that, even if this type of use is allowed as a
home
occupation, bulk storage is inappropriate in a residential area. He characterized this as a use
that should be allowed; however, he feels some additional code provisions are needed.
. City Attorney Luwe reminded the Commission of the process to be followed
in acting
on this application. He noted that the Commission must first determine if this use is the same
as, or so similar as to be interpreted the same as, one or more uses permitted in the district;
and in this instance, the request is to determine that mobile oil and lube services are the same
as a home occupation. He stated if the determination is made that
it is not, then the
Commission could direct staff to proceed with a zone code amendment to address the use, if
they feel it is an appropriate use within city limits.
Mr. Dick Stefani, 508 North Sweetgrass Avenue, compared his proposed mobile
oil and
lube service to a contractor, who only does paperwork out of his home but does not actually
do any construction at that location. He forwarded his position
that mobile oil and lube
services should not be compared to auto repair, because it is actually auto maintenance.
He
. recognized the concerns which have been expressed about bulk storage, stating he agrees with
those Commissioners who feel the storage should be located in an industrial area, although not
necessarily in a mini warehouse.
Mr. Stefani stated he feels that anyone who does this type of work should
use the
proper type of equipment; and he feels that using the type of vehicle which he has is the best
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alternative available at the present time.
He noted that there is very little chance of
contamination, particularly from spillage.
Mr. Stefani noted that, as a result of last week's discussion, he contacted
First West
Insurance about the possibility of obtaining liability insurance, with
the City named as an
. additional insured, for this type of operation. He noted that the minimum
insurance premium
for an EPA contamination policy is $5,000 per year; and they would probably
not accept a
small business of this type.
He noted that it is not possible to obtain the type of insurance
suggested by the Commission through the local insurance company.
He indicated that he
carries liability insurance and regular automobile insurance on his operation;
and, depending on
fault, they may cover the costs of cleaning up a spill.
Mr. Dick
Stefani addressed the issue of noise, noting that the generator and
compressor do not create an excessive amount of noise.
He indicated that most of the
Commissioners had an opportunity to listen to the system just prior to
the meeting.
Mr. Stefani concluded by encouraging the Commission to enact code restrictions
on
the type of units that will be allowed for this type of operation.
He noted that, even though
. the units are mobile, there are several safety factors built into the type of unit he has. He also
noted that, at annual review of the business license, the City could require
proof of insurance
and an inspection of the unit.
Mayor Stueck suggested it might be appropriate for the Fire Marshal to
conduct
inspection of the unit.
Responding to Commissioner Youngman, Mr. Stefani stated that he spent three
months
in Billings training on use of the mobile unit.
He stated there is no formal training or
certification process for mobile oil and lube services, although there
are manuals to show the
different operations that can be performed under these services.
He commented that on-
premise mechanics have no type of certification process, either.
Mr. Matt Robinson, attorney representing Mr. Pat Padon, stated he feels
it is important
. to differentiate the administrative portion of the business from the operational aspects of the
business. He noted that telephone calls could be received and billing could
be done from the
home, while storage of inventory and equipment would be more appropriate
away from the
residential area. He stated that Mr. Padon is storing his equipment and
inventory at Osterman's
Mini Warehouses at the present time, awaiting the Commission's decision.
He indicated that
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this is for economic reasons and, if the Commission approves the use, he will immediately take
the necessary steps to relocate his storage area.
Mr. Robinson stated his client's operation is different from Mr. Stefani's
because he
uses a vehicle and trailer. He indicated that the proper precautions
for waste storage have
. been implemented to minimize any problems.
He noted that, while Mr. Stefani's unit pumps
the fluids from the vehicle, Mr. Padon's operation uses the more fundamental draining from the
engine block into a receptacle.
Mr. Robinson
stated a mobile oil and lube service can alleviate some of the
environmental problems that currently exist, particularly when individuals change the oil in their
own vehicles and then dispose of the used oil in an unsafe manner, such as dumping it in the
alley. He concluded by encouraging the Commission to allow this type of
service in the
community, with the appropriate safeguards.
Responding to Mayor Stueck, Mr. Robinson stated that under current operations,
his
client transfers the waste oil from the receptacle into which the engine was drained into a
receptacle on the trailer. The waste oil is currently stored at Osterman's Mini Warehouse until
. the company from Great Falls comes to remove it.
Responding to Mayor Stueck, Senior Planner Skelton suggested it would be
appropriate
to permit storage of the vehicles and inventory for this type of operation in an M-1, Light
Manufacturing, or M-2, Manufacturing and Industrial, district, and possibly in the B-2,
Community Business, district as a conditional use.
Commissioner Frost stated he feels it would be appropriate to view this
type of use as
an accessory or home occupation. He forwarded his
concerns that the vehicle be inspected
to ensure that it meets minimum requirements for safety, and that proof of insurance be
provided. He noted that off-site storage seems to be appropriate; general safeguards must be
met in this type of operation; and environmental spillage should be reported to the City.
He
recognized that these issues must be addressed through a zone code amendment, and he feels
. it would be appropriate to issue a special use permit in the meantime.
Commissioner Youngman stated that, while she feels that this type of use
could be
viewed as a home-based occupation, it is important to establish some basic safety standards;
and that must be accomplished through a zone code amendment.
She noted that those
standards should address storage and safe operation while on site.
She indicated that, as a
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result of viewing Mr. Stefani's equipment, she is comfortable with the
noise level it will
generate.
Commissioner Rudberg stated she has no problem with administering the operation
out
of the home, as long as there is no on-site storage of oil.
She also indicated support for
. requiring proof of insurance and inspection of the vehicle in conjunction
with renewal of the
annual business license. She forwarded her concern about using Osterman's
Mini Warehouses
for storage of equipment and supplies. She also expressed concern about
allowing the supplies
to ride around in drums on the back of a trailer, particularly given the
potential for spills if the
unit were involved in an accident. She suggested that the standards for
this type of operation
be written to alleviate those concerns.
Mayor Stueck stated general concurrence with the other Commissioners' comments,
stating he views this as an accessory use for which specific standards
must be developed. He
feels that the vehicle and storage of waste materials should be inspected
annually by the Fire
Marshal, prior to renewal of the business license; proof of insurance must
be provided; and
proof of a contract with an oil waste depository licensed to do business
in the State of
. Montana should be provided. He also suggested that on the liability insurance,
the City should
be listed as one of the parties to be notified in the event of cancellation.
He then stated that
a conversation with Mr. Jim Smith, First West Insurance, garnered the same
information as Mr.
Stefani previously reported.
Commissioner Frost suggested that waste disposal should include all types
of fluids,
not just oil.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
the
Commission determine that mobile oil and lube services are not the same,
or so similar as to
be interpreted the same, as home occupations in residential districts.
The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner
Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission authorize and direct staff to proceed with a zone code amendment
to allow mobile
oil and lube services within the city limits, subject so specific standards,
with the applicants
to bear the costs of public notification only. The motion carried by the
following Aye and No
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vote:
those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No being Commissioner Rudberg.
Discussion - FYI Items
. Acting
City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 )
Copy of letter from Downtown Bozeman Improvement District Board to the City
Manager, dated March 10, 1996, reporting on their organizational meeting
and seeking funding
for implementation of the urban renewal program.
(2)
Letter from Caren Couch, HRDC, dated March 7, requesting that a new legal
representative be appointed to the Community Affordable Housing Advisory
Board.
(3)
Invitation to attend the open house to be held at 4:00 p.m. on Thursday, March
21, at the new Mergenthaler facility on Griffin Drive.
(4)
Copy of a letter from Yellowstone Country to Racene Friede, the City's
representative on the board, dated March 12, reminding her that she has
missed the last three
. consecutive meetings.
(5)
Memo from County Commissioner Phil Olson, dated March 7, forwarding a
draft request for proposals for a co-composting feasibility study.
(6)
Minutes from the Montana Transportation Commission meeting held in Helena
on February 7 and 8, 1996.
(7)
Agenda for the County Commission meeting which was held at 1 :30 p.m. on
Tuesday, March 12, at the Courthouse.
(8)
Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, March 19, at the Courthouse.
(9)
Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, March 19, in the Commission Room.
. (10)
Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, March 19, in the Commission Room.
(11 )
Acting City Manager Brey reported that the City received five responses to a
request for proposals for handheld ticket writers; and staff is currently
analyzing them. He
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indicated that within the next two or three weeks, interviews should be
completed and a final
selection made.
(12)
Commissioner Youngman commented on the editorial in the Bozeman Daily
Chronicle last week pertaining to housing and building applications. She
noted that, from the
. beginning, the housing task force recommended that special needs housing
be included as a
priority, with low-income housing being provided for the handicapped as
well as the able-bodied
and able-minded. She further noted that the next budgetary process will
not occur until after
the Commission has acted on the applications currently under consideration.
(13)
Commissioner Rudberg asked that staff proceed with the steps necessary to
enact a moratorium on casinos as quickly as possible, to allow the Commission
an opportunity
to look at the zone code requirements for this type of use.
The City Attorney indicated that, under State statutes, the Commission
may establish
a moratorium to provide time to review its code provisions and enact adequate
safeguards and
regulatory procedures.
Commissioner Youngman forwarded her support for the proposal.
. (14)
Mayor Stueck submitted the following. (1) Attended a Chamber of Commerce
function and the grand opening of Simms last week.
(2) Welcomed the Daughters of the
American Revolution.
(3) Announced that the next "Leap of Faith" meeting has been
rescheduled for 7:00 p.m on Wednesday, March 27, at the Museum of the Rockies
due to a
conflict with a fundraiser for Big Brothers and Big Sisters on March 28.
(4) Asked the
Commissioners to review and comment on four draft letters prior to leaving
the meeting.
(15)
City Attorney Luwe announced that his son is a member of the Odyssey of the
Mind team from Morning Star School that will be attending the world competition
in May. He
noted that three teams from the Gallatin Valley will be competing; and
the other two teams are
from Manhattan Christian.
. Consent Items
Acting City Manager Brey presented to the Commission the following Consent
Items.
Commission Resolut
ion No. 3107
- authorizing and directing the City
Manaaer
and Administrative Services Director to sian documents on
behalf
of City relatina to federal disaster assistance
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COMMISSION RESOLUTION NO. 3107
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
ADMINISTRATIVE SERVICES DIRECTOR TO SIGN DOCUMENTS ON BEHALF
OFTHE CITY OF BOZEMAN RELATING TO FEDERAL DISASTER ASSISTANCE.
. Staff report - intent to annex 20.0 acres located in the E% of the W% of
the
E% of the SE%, Section 3, T2S. R5E, MPM
(north side of Durston
Road at Meaaher Avenue extended) (Doug Smith)
(A-960 1 )
Commission Resolution No. 3108 - intent to annex the E% of the W% of the
E% of
the SE%. Section 3. T2S. R5E. MPM (20.0 acres located alona
the north
side of Durston Road at Meagher Avenue extended): set
public
hearing for April 15, 1996
COMMISSION RESOLUTION NO. 3108
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA DECLARING IT TO BE THE INTENTION
OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Acknowledge receiPt of letter from the Board of Directors for the Bozeman
Senior
Social Center. dated March 6, reauestinQ extension of
Management
Aareement and use of adiacent City-owned land: refer
. to staff
for review and recommendation
Application for Beer and Wine License for Calendar Year 1996 - Jackpot East
Casino,
915 East Main Street: approval contingent upon receiPt of
State
License
Award bid - replacement for mainframe computer - Intearated Information
Solutions.
Inc., Missoula, Montana - in the bid amount of $79,968.00
Award bid - reconstruction of Highland Boulevard between Holly Drive and
Kagy
Boulevard - JTL Group, Inc.. Belarade, Montana - in the bid
amount
of $486,361.00
Proclamation - "Recoanizina the Big Sky Conference Championship Basketball
Team
Montana State University Bobcats" - March 1996
Reauest for modification of conditions of approval for Luck Lil's Casino,
2401
West
Main Street, to allow monument sign to be "multi-faced", with
an interior
anale between the two faces of 45 dearees rather than the
typical
"two-sided" sian (Z-9564)
Award bid for City's operating accounts for the period April 1, 1996 to
March
. 31, 1997
- American Bank per proposal submitted
Concur in Mayor's appointment of two additional non-votina members to
Downtown
Bozeman Improvement District Board (lOB)' with terms to
expire
on June 30, 1997 - Wayne Gibson and Steve Clawson
Application for Liauor License for Calendar Year 1996 - Spectator's Sports
Bar and
Grill, 19 Tai Lane (conversion from beer and wine to all
beveraae):
approval contingent upon receiPt of State License
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Buildina Inscection Division report for Februarv 1996
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that
the Commission approve the Consent Items as listed, and authorize and direct
the appropriate
. persons to complete the necessary actions. The motion carried by the following
Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg,
Commissioner
Frost and Mayor Stueck; those voting No, none.
Adjournment - 4:00 p.m.
There being no further business to come before the Commission at this time,
it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the
meeting be
adjourned.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck;
those voting No, none.
.
a L ~~<d~~
DON E. STUECK, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
.
03-18-96