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HomeMy WebLinkAboutCity/County Planning Board Minutes 03.08.1990 LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 68004 March 8, 1990 The Laurel-Yellowstone City-County Planning Board meeting of March 8, 1990, was brought to order at 7:00 p.m. with the following members present: John Hawley Smith, Chairman Roy Johnson, County Rep. Grace Edwards, County Rep. Clarence Foos, County Rep. Russell Bray, County Rep. Donna Kilpatrick, City Rep. Linda Dennis-Williams, City Rep. Members absent: Gerald Shay, Member at large Donald Gudgell, County Rep. Joe Bradley, City Rep. Chuck Dickerson, City Rep. Others present: Chuck Rodgers, 262 W. 13th • Cheryll Lund, City Secretary Martha Keepers, 1041 Montana Ave. Karen Gehrke, 411 Cedar Pat Summers, 12 5th Ave. Carolyn Whitehead, 308 Cedar Linda Kellogg, 918 E. 5th Michael Oakes, 411 Cottonwood Ray Willis, 1002 W. Marland Lane Arlen Tofsli, 105 E. 4th St. Mike Penske, Montana Highway Patrol, Billings Lawrence Demareis, 1022 6th Ave., Manager of Town Pump Laura Pelleteir, Town Pump Rep., Hardin 1 other (didn't sign in) Motion b Grace Edwards seconded by Donna Kilpatrick to approve the minutes of the January 11, 1990 meeting. Motion carried. Motion b Grace Edwards, seconded by Linda Dennis-Williams to approve the bill for Cal Cumin's services for $3,375 and the bill for Administrative services for $200. Motion carried. The Board received Chuck Dickerson's resignation effective March 15, 1990. Special Review - Calvary Baptist- #90-02 • Pastor Ray willis spoke on behalf of Calvary Baptist Church. He feels that there is definately a need in Laurel for another Day Care facility. They will be licensed through the State of Montana. They have already had health and fire inspections that they passed. They do need the approval of the Special Review before • the City will issue them a business license. They plan to have the Day Care in operation 5 days a week. They will employ 3-5 people and will have between 30-40 children. They are planning on having children under the age of 6. They have put up a fenced area on the south side of the church for the children to play in, and they plan to install playground equipment. They have no plans to add any buildings onto the church as they have adequate room on their 6 acres of land. A question is raised as to the ditch that runs through their property. Will the children be supervised around that area? Past Willis states that the children will be supervised and not allowed to play near the ditch. A suggestion is made by Roy Johnson to look into having the speed zone changed to 15 mph on 9th Street West. He feels that because that is the main road to the golf course they might have alot of heavy traffic going at high speeds. Pastor Willis states that he will check with the City on this matter. Children will not be picked up on the street as there is a large drive through area in the parking lot. Parents will . be picking up their children in the driveway. No written protests were received on this application. No inquiries were made to the City Engineer's office. No opposition was present. The Public Hearing was closed at 7:15 p.m.. Discussion. Motion b Grace Edwards, seconded by Linda Dennis-Williams to recommend approval to the City Council, and to recommend that there be no second public hearing. Motion carried. Special Review- Town Pump on-Premises-beer license #90-03 Laura Pelleteir spoke on behalf of the Town Pump. At this time there are 7 Town Pump stores in the State that have on-premise beer licenses. The customers that have been polled have stated that they like the convenience of being able to sit down for a meal and have a beer. Town Pump has had a good track record with their on-premise beer and haven't had any problems, to their knowledge. Laura states that over the years the Town Pump has added more and more conveniences for their customers. This is one more that they would like to have at their Laurel Town Pump. Page 2 City-County Planning Board meeting of March 8, 1990 • Town Pump feels that they are very strict in how they handle their beer sales. All employees are trained to card people under the age of 25. They are trained to card anyone that they think could possibly be underage, and their keeping their job depends on their judgement of age. If in doubt, they ask for I.D. A question is asked as to where the other 7 on-premise beer licenses are? Laura states that they are in Havre, Whitehall, Three Forks, Boulder, Conrad, Shelby and Dillon. Most of these locations are right off of the highway, with only 1 or 2 right in town. They cater to the truck and vehicle traffic. A question is raised as to how they would handle beer sales after 2:00 a.m. Laura states that they lock up the beer cases at 2:00 a.m., and they would not allow any beer sold in glasses after that time. A comment is made that people might come to the Town Pump to sit and drink beer only, not with a meal. Laura states that she doubts anyone would come to the Town Pump to sit and drink beer. She feels they could go to a local bar for that. A statement is made that the Town Pump has a reputation of selling beer to underage kids. Laura feels that yes at one time they had a "problem child" working for the Town Pump that probably did sell beer to younger kids. But, that person hasn't been employed with them fcr a long time. She is confident that her present employees do not sell beer to underage kids. Laura also states that they have gotten stricter over the last year on carding people. They do have a crowd of kids that hang out around the building, but their employees try to keep them from loitering. Town Pump does not sell to intoxicated people, or to anyone that they suspect is buying beer for underage kids. They also reserve the right to refuse service to anyone. They do not plan to add on or remodel for their restaurant. All people that buy beer with their food will not be allowed to leave the premises with the opened container. Lawrence Demereis, manager of the Laurel Town Pump spoke. He feels that his employees handle the beer sales well. He states that one of his cashiers recently refused to sell beer to a 25 year old person because he was accompanied by an underage person. He also states that all of his employee's know that • they would lose their jobs if they sell to underage kids. And, he is sure that none of them would take the chance of that. Mr. Demereis has been manager of the Laurel store since November of 1990. He came here from the East Coast because of the better 41 environment for his own children. He has been in management for 25 years. Opposition Karen Gehrke, 411 Cedar Ave., spoke in opposition. She has a grandson who lives 17 miles out of town. He comes to the Town Pump to meet his friends, and she has it on good authority that beer is available to underage kids. She feels that Laurel does not need another place in which to sell beer. She feels also that kids of all ages are around Town Pump and they do not need to be around alcohol. A gentlemen (didn't sign name) spoke in opposition of Town Pump. He agrees with what Mrs. Gehrke said. Mike Penske (not sure if this is a correct pronunciation of his name- he didn't sign in), Montana Highway Patrol, spoke in opposition of the Town Pump. He doesn't like the idea of drinking and driving. The Highway Patrolmen are stretched thin in this area already and they do not need one more place selling alcohol to contribute to their problems. This is the first state in which he has ever arrested truck drivers for D.U.I. He also suggested that the Board question the Laurel Police Department if they want to get a first hand testimony of the problems associated with Town Pump and underage kids drinking. Linda Kellogg, 918 E. 5th Street, is an employee at the Town Pump. She is concerned that the underage kids that hang out at the Town Pump will have better access to getting beer. And, she also feels that the Laurel Police Department can't handle anymore problems that this would create. Ray Willis, 1002 W. Maryland, has several concerns with the on-premise beer license. He counted approximately 17 places that sell alcohol in the City. He feels we don't need another one to contribute to the problem. As a Pastor he counsels many people with problems because of the result of alcohol abuse. These problems usually carry over into the family unit. He is also concerned because of the rumors he has heard that the Town Pump is getting this license so they can legally have Poker machines. He feels the.Town Pump on-premise beer license will only contribute to alcohol and gambling problems. Arlen Tofslie, Pastor of Grace Bible Church, spoke in opposition. He is a reformed alcoholic. He feels that alcoholics take advantage of any place that sells beer. He is concerned that these people will be drinking and driving. He spends alot of time, as a Pastor, counseling people with alcohol and gambling problems. He would like to spend more time encouraging people instead of picking up the broken pieces of people's lives because of alcohol and drug abuse. Page 3 City-County Planning Board meeting of March 8, 1990 Michael Oakes, 411 Cottonwood, is a local youth Pastor speaking in opposition. He could fill the back of the Council Chambers will underage kids that buy beer at the Town Pump. And, the bars and beer selling establishments don't care who they sell the beer to, as long as they make a profit. He questions the strictness of their policy when checking identification. He feels that allaaing the on-premises beer license would be contributing to the already large problem of drinking kids. Arlen Tofslie, Pastor of Grace Bible Church, states that he attended a meeting where the School District representatives said the biggest problems in the Laurel Middle School and High School alcohol and drug related. One letter of protest was received from Mr. William Siegal, who owns the property directly to the west of the Town Pump. Public Hearing was closed. John Smith, Chairman, reminds everyone to read the recommendations of Cal and Joe concerning these two Special Reviews. John also states that as a Board they are hear to review only the Zoning issues involved. Discussion. Grace Edwards states that the Zoning Commission is suppose to base its decision on the appropriate land useage. we can deny, delay, or put special conditions on the recommendation so that the City Council can address the larger issues involved. She feels very uncomfortable with having what could be a bar in a gas station for obvious reasons. Roy Johnson feels that they don't meet the Zoning requirements because they don't have sidewalks installed. John Smith reminds us that most of the businesses in that area don't have sidewalks either. Grace Edwards states that according to Cal's recommendation we need to review the Ordinance that allows this kind of establish- ment. He states that Town Pump does meet the requirements and feels that there isn't anything the Board can do to stop it. But, the Board can do something about future businesses that want to do the same thing if an Ordinance is drafted. Grace Edwards feels that the City Council should have a second • Public Hearing to consider the larger issues brought out here tonight. Donna Kilpatrick agrees that it should be brought to the City Council for the larger issues that need to be addressed. Roy Johnson states that he is disappointed that no one from the City is present to give more information concerning this application. He feels that the Board should give it to the City Council so they can act on it. Off - street parking is discussed. It should be adequate for what the City requires. Grace Edwards asks if anyone on the Board feels they have a conflict of interest with this application. Clarence Foos states that he owns the Kwik -Way on the East side of town and he will abstain from voting. His store does not have an on- premise beer license and he doesn't think it ever will. Motion by Grace Edwards, seconded by Donna Kilpatrick that the Zoning Commission recommend approval of the Town Pump on- ptiV premise beer license to the City Council because it meets the 1 1"Q4 zoning requirements, and that the City Council hold a second �goPublic Hearing to consider the larger issues. Motion carried r r, J:z, 6 -0 with Clarence Foos abstaining. Pi; Motion by Donna Kilpatrick, seconded by Linda Dennis - I''' Williams to adjourn the meeting. Motion carried. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Cherytl Lund, Secretary t n CUMIN ASSOCIATES Bees Grand 59104 406 Box 45 -6144 March 6, 1990 Planning Board City of Laurel, Montana 59044 Dear Planning Board Members: The application for a children's day care by the Calvary Babtist Church falls under the Special Review powers of the Planning Board -- acting as the City's Zoning Commission - -as delineated in Section 17.88 of the Zon- ing Ordinance. Planning Board members need to specifically follow Sec- tion 17.88.040 subparagraph B of that ordinance as this application is reviewed. Day care centers are allowed in this zone; however, it is up to the Zoning Commission to determine -- partly through the public hearing and n protest process - -if an application conflicts with adjacent residential areas or other land uses (as per paragraph B(3)). The Zoning Commission may require fencing, screening, or other landscaping to mitigate possible adverse land use impact (keeping in mind the cost of such mitigation measures). The Commission also should evaluate street capacity, off - street parking, and access as per paragraph B(4). I do not see any pro- blems with this application from my pre - public hearing perspective. The Zoning Commission also needs to recommend to the City Council whether to hold an additional public hearing or not. Unless the Zoning Commission's public hearing turns up lots of controversy, I don't see the need of an additional hearing. The application from the Town Pump is reviewed under Section 17.88 also and, in addition, Section 17.80.010. (On the form, the applicant has requested a "zone change," but this is incorrect; this is also a Special Review.) This application falls under the City's Special Review authority because Town Pump is proposing to consume beer on -site; they already sell packaged beer for off -site consumption. As can be seen by reviewing the ordinance, this application meets the City's requirement guidelines. At first blush, I have some problems with establishments that sell gasoline also consuming beer on- site. This is just one aspect of an issue that we need to address in our Zoning Ordinance- -that of neighborhood quik -way -type establishments eventually turning into mini -malls offering something for everyone. This Town Pump, for example, in its most recent expansion went from selling food for off -site consumption to having sit -down eating facili- ties. We as a planning board need to decide if we want to more closely monitor these types of development. Since this applicant meets our present requirements, I do not see a way to prevent them from doing what they plan. However, maybe we should change our ordinance to prevent, in the future, on -site consumption of beer where gasoline is also sold. I think the City Council should also hold a public hearing on this application because I think the Council needs to be aware of the circumstances surrounding this issue and where it may lead to. Regarding the railroad frog shop: we need to have the railroad explain in detail what they will be doing on the site. We need to determine whether their planned operation fits into "railroad yard" or "Manufact- uring--Light Manufacturing" or "Machine Shop" activities allowed in Light Industrial Zoning (which is what the site is zoned) or whether -- because of excessive fumes, odors, smoke, noise, or dust- -their planned activity requires Heavy Industrial Zoning; this will require a zone change (which may not bother them if we move as fast as we can schedule it). I apologize for not being able to make this meeting. Sincer y, 4 C ,C� Ca Cumi , AICP Planning Advisor CC:ljn 0,1NGS Mat,. , • • Ht raten OFFICIAL SEAL ). 04 4 CITY•C0UN1Y HEALTH DEPARTMENT • io` �T�1►E S � POST OFFICE BOX 35033 BILLINGS. MONTANA 59107 June 20, 1989 Montana State Department of Revenue Legal, Investigations Division Mitchell Building Helena, MT. 59620 REFERENCE TO: BEER /WINE LICENSE - ON PREMISE TOWN PUMP LAUREL, MT This office takes no exception to the application for an "0N PREMISE BEER /WINE" license to the above establishment. The facilities have been inspected by this office. Sincerely, Ted Kylander, R.S. TK /nk cc: Carol Patterson - State Department of Health Terry St. John - Department of Revenue Martha and Roy Bomka - Town Pump C 0 P. February 11, 1987 FEB 2 0 1987 Major Brands Dist. Imports, Inc. Town Pump 312 South 1st Laurel, MT 59044 RE: License No. 03- 999 - 9133 -303 TOWN PUMP - Laurel - Yellowstone County Dear Licensee: The Department of Revenue, Liquor Division, approves your request to begin construction of the addition to and /or remodeling of the above- described licensed premises. Approval upon completion of the addition and /or remodeling is subject to a favorable final inspection, compli- ance with the rules and regulations of the State Department of Health and Environmental Sciences and state or local building codes. The . existing premises can not be within six hundred (600) feet of and on the same street or avenue as a church or school. Please notify this office in writing at least two (2) weeks in advance of the date you wish to commence operation in the new area to allow time for inspection by our investigator. Sincerely, WilGI:\Al2 SIGNED Diana L. Koon License Bureau Chief Liquor Division cc: Investigation and Enforcement Division Building Codes Division c_....C-6unty Sanitarian Town Pump /'■ DLK /ps /dc A / �j� t•Nf T/�JI W • ...A.A..: 4t. CITY- COUNTY HEALTH DEPARTMENT n N6 SY POST OFFICE BOX 35033 BILLINGS. MONTANA 59107 January 24, 1990 State Department of Revenue c/o Diana Koon Liquor Division Helena, MT 59620 REFERENCE TO: NO. 03- 044- 9532 -101 TOWN PUMP OF LAUREL Dear Ms. Koon: I have discussed the problems described in my letter of January 18, 1990, with Celeste Davis of Town Pump, Inc., and have received a notice of correction procedures from Mr. Lee Terry for the Laurel Town Pump. I understand that there will be no need to make any construction modifications, rather single cans of beer will be served on premises in accordance with the license. Our office will continue to make regular, timely inspections of the Laurel Town Pump food service operations to insure compliance of the food codes. At this time, the Yellowstone City- County Health Department is satisfied that changes both short and long term have been resolved and that Town Pump will, by self- inspections, maintain a safe food handling program. If you have any questions, please call 256 -2757. Sincerely, Ted Kylander, R.S. TK /nk cc: Lee Terry - 600 S. Main - Butte City of Laurel LAUREL, MONTANA 59044 P.O. BOX 10 March 8, 1990 ATTORNEY PHONE: 628 -8791 DEPARTMENT Dr. John Smith, Chairman City- County Planning Board City of Laurel Laurel, Mt. 59044 Dear Dr. Smith: I will be unable to attend the Planning Board meeting on March 8, 1990. This letter will summarize the legal issues involved in the Special Review hearings scheduled for that date. The provisions of Section 17.88.040 of the Laurel Municipal Code govern Special Reviews. A copy of that section is attached. The Board should consider the items listed in subsection B(4). The Board should keep in mind that the review should be limited to zoning issues. Therefore, on zoning issues alone, as discussed in the letter from Cal Cumin, it would appear that the applications would be in conformity with our codes. However, the Board should also make a recommendation to the Council regarding a second public hearing. It may be adviseable to recommend a second hearing on the Town Pump application, so that the City Council may consider the larger issues involved. State law requires that all Planning Board actions be approved by a vote of a majority of all Planning Board members. Therefore, any motion to recommend approval or denial of a Special Review application can only pass if six members vote in favor of the motion. In cases where only six Board Members attend the hearing, a motion would have to be unanimously approved in order to be adopted. A five to one vote, or a four to two vote in favor of the motion would constitute a defeat of the motion. Sincerely, Joge h M. Bradley City Attorney JMB /cl encl. City of Laurel is an EEO Employer 17.88.030 F F. The Planning Director shall report his findings and conclusions in writing to the zoning commission, which report shall be a matter of public record. (Ord. 662) 17.88.040 Zoning Commission Action The Zoning Commission shall review and take action upon each application in accordance with the provisions of this ordinance, and after a public hearing at which the application has been legally advertised. Each appli- cation shall be presented to the Zoning Commission by the planning director together with his findings and conclusions on the matter. A report of the commission's recommendation and the planning director's findings and conclusions shall be submitted to the City Council. A. The Zoning Commission shall make a recommendation to the City Council to: (1) Deny the application for amendment to the official map; (2) Grant the application for amendment to the official map; (3) Delay action on the application for a period not to exceed thirty (30) days; (4) Give reasons for the recommendation; (5) The recommendations of the Zoning Commission and the notice of public hearing before the City Council shall be pub- lished twice in a newspaper of general circulation in the jurisdictional area of the Laurel - Yellowstone City - County Planning Board at least 15 days prior to the hearing, delineating the time and place of that hearing. B. Before approving a Special Review use, the Zoning Commission shall find that the contemplated use(s): (1) Complies with all requirements of this section; (2) Is consistent with the objectives and purposes of this title and the Laurel Comprehensive Planning process. (3) Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects. 17.88.040 B (3) Rev `� . 17.88.040 B (4) (4) Further the Zoning Commission shall consider and may • impose modifications or conditions concerning, but not limited to the following: a. Street and road capacity b. Ingress and egress to adjoining streets c. Off- street parking d. Fencing, screening and landscaping e. Building bulk and location f. Usable open space g. Signs and lighting h. Noise, vibration, air pollution and similar environ- mental influences (Ord. 662) 17.88.050 City Council Action Before taking action on an application for Special Review, and after presentation of the Zoning Commission's report, the City Council may hold a public hearing on the application. The Zoning Commission may recommend to the Council whether to hold a public hearing or not. (Ord. No. 793; 1/85) 1 17.88.050 Rev. 2/20/85 0 LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 59044 WHEREAS, an application for Special Review was filed with the City of Laurel by Calvary Baptist on the 7th day of February 1990 , being designated as file no. 90-02 ; WHEREAS, the application's having been refered for hearing to the Laurel City County Planning Board pursuant to L.M.C. Section 1-7.88,040 ; WHEREAS, after due and legal notice of the said application and of the date and time for hearing thereon was given pursuant to law, hearing on the same was held before the Board at its regular meeting on the 8th day of March , 199 0; WHEREAS, after full consideration of the same by the Board at the said meeting, it was moved by Grace Edwards seconded by Tjucb l , to recommend approval of the said application, and the motion was passed/duftaoock by a vote of 7 in favor and 0 opposed (state law requiring that the concurrence of at least six Board Members is required to pass any motion). THEREFORE, the Laurel City County Planning Board hereby recommends to the Laurel City Council as follows: THAT APPLICATION NO. 90-02 BE: GRANTED, subject to the following special conditions: that Calvary Baptist get the applicable state licenses. DENIED Dated this 8th day of March 1990 . Chair 0 r LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 68044 WHEREAS, an application for SPECIAL REVIEW was filed with the City of Laurel by Major Brands Distributing, on the 16 th day of February 1990 , being designated as file no. 90-03 ; WHEREAS, the application's having been refered for hearing to the Laurel City County Planning Board pursuant to L.M.C. Section 17.88.040 WHEREAS, after due and legal notice of the said application and of the "date and time for hearing thereon was given pursuant to law, hearing on the same was held before the Board at its regular meeting on the 8th day of March , 199 0; WHEREAS, after full consideration of the same by the Board at the said meeting, it was moved by Grace Edwards seconded by Donna Kil trick , to recommend approval of the said application, and the motion was passed/deClocalmd by a vote of 6 in favor and 0 opposed&(state tlawerequiring that the concurrence of at least six Board Members is required to pass any motion). THEREFORE, the Laurel City County Planning Board hereby recommends to the Laurel City Council as follows: THAT APPLICATION NO. 90-03 BE: GRANTED, subject to the following special conditions: That the City Council hold a second public hearing to address some of the larger issues brought out by the public in the first public hearing. DENIED Dated this 8th day of March , 199 0 . Chai man March 7, 1990 Laurel City- County Planning Board I hereby submit my letter of resignation to the Laurel City- County Planning Board effective March 15, 1990. It has been a pleasure to serve on the Board. Sincerely, CHUCK DICKERSON, Alderman, Ward IV