Loading...
03-11-88 Parks Comm MinutesPARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT COMMITTEE MEETING OF 11 MARCH 1988 COUNCIL MEMBERS PRESENT: Chairwoman Marla Robinson Vice -Chairman Noel Furlong Jim Atkinson John Gunnerson OTHERS PRESENT: Mayor Ed Kennedy Craig Kerzman, Acting Building Official. Mike Baker, Parks Director The meeting was called to order by Chairwoman Marla Robinson at 4:05 p.m. with all. council members present. 1. Flathead Tennis Association-FTA: Presentation was made by Lil Laidlaw, Dave Grohusky and John Bailey. Mrs. Laidlaw stated the history of the FTA which is a non-profit organization started five years ago with 1.25 adult membership and 50 to 75 junior members. The association's desire is to co-ordinate with the Kalispell Golf Association and use the same grounds, build- ing an 8 court complex with fencing. They stated they were not 40 approaching the city for funding - it would come from another source. The positive benefits to the city and surrounding areas are as follows: a. It would provide much broader public usage with courts being well monitored and maintained. b. Take pressure off the surrounding courts as there are not enough courts at present. C. The courts would draw more recreational use of the facility from tourists into the Flathead Valley. d. Attract a different and wider segment of the community in the valley and the state to Kalispell for tournaments not now possible. The valley tennis community numbers approxi- mately 500 players. There is in excess of 50,000 valley population that utilize 32 courts. Kalispell has 15 public courts, Whitefish eight, Bigfork six and Columbia Fall.s has three. The courts would be utilized by the following: Junior School Tournaments sponsored by the FTA; Highschool. team teach- ing; City of Kalispell summer tennis programs; school children from the surrounding districts in the valley; FTA City Tournaments; Flathead Classic (state-wide draw); Promote participation in other State invitational.s; val.l.ey area residents (Whitefish, Columbia Falls, Biqfork and Kalispell. The four primary objectives in pursuit of the FTA goalare: a. Promote the creation of more and better court facilities includ- ing a tennis complex. b. To increase junior player development and sponsor junior programs. C. To sponsor and facilitate sponsorship of tennis tournaments. d. To act as a communication vehicle between all interested tennis groups and orgnizations. The use of the courts could also provide fee income from court usage fees, tournament rentals, season passes and hourly charges. There would be an economic benefit to the town from tournaments. It would be good to note that the Flathead Classic is now being held in Whitefish due to the lack of courts in Kalispell. John Bailey stated that in prior years Kalispell hosted what was called the Flathead Classic, a sponsored tennis tournament. At present, this has about the second biggest draw in Montana. Whitefish upgraded their courts and Kalispell's courts slipped a little -so we lost to Whitefish. John Bailey stated there are more players than facilities. The Volvo Classic would draw over 200 participants, state tournament, the MTA sanctioned tournament 225 participants, the local sanctioned flathead Classic is the second highest draw in the State of Montana. In Kalispell there are 15 public courts, only eight of them are usable in competition - 3 at Linderman, 2 at Northridge and 3 at the High School. The High School courts should be dropped after looking at them, and in lieu of the High School add Hawthorne. Even the usable courts have problems with footage and fences; there is not enough room for proper playing. John Bailey stated he does not mean to be critical., but the courts need upgrading. Chairwoman Robinson asked if any of the courts in town were upgradeable? John Bailey said there is some space available, but by the time you uproot the fences which are probably the major expense in doing it, he felt that the overall plan would be to build 8 courts together in one spot. Neighborhood courts and tournament playing courts are two different type of courts; the expense would not benefit upgrading these type of courts. There are about eight major state tournaments that they cannot compete for as there is no place to hold them. John Bailey stated the FTA's role is the catalyst, and feel- the Buffalo Hill area is a good place to build a complex. They are going to make a presentation to the Kalispell Golf Association as well, as let the City know what they need as an assocation. He said it was no secret • there has been open criticism of the city property being used only for golfers and felt it could be available also for the general public. -2- Jim Atkinson said he would like to encourage the PTA, and felt it would be very beneficialto the city. He offered suggestions that • they look at the golf'course plans and an alternate plan, gather some information with regard to the economic input these types, of tournaments would have for the city, (they noted they have the economic input), and look at some scenarios as to how it coul.d be funded. Councilman Furlong wanted the association to be aware that the Kalispell. Golf Association is in critical negotiation with the Friends of Lawrence Park, and felt they may already know of this. He suspected that the outcome of that negotiation would have a major impact on whether or not the land they are talking about would be available. No one knows how this will come out. Chairwoman Robinson stated that she agreed with Councilman Atkinson's suggestions. She would like to see the association get together with the Golf Course and get something formal, where, when, how to make it pay for itself, who will. maintain it, etc., then come back to the city council for evaluation. John Bailey noted there are some grants available which require the city to match or pledge the land, whoever has the legal- authority. Although they would not ask for out-of-pocket dollars, they may ask for land. Councilman Gunnerson stated he was in favor of this also. • Councilman Furlong asked if the association has looked at other city lands? Mrs. Laidlaw said the location and upkeep was not in keeping with what they had in mind when studying the other city locations. LI The tennis association representatives thanked the committee members for their time. 2. Kalispell Medical Arts Zone Change: David Greer from the Flathead Regional Development Office stated that at the last council meeting a public hearing was held and no vote was taken as to what they wanted to do with the zone change. What needs to be done at some council meeting is a vote to either approve or deny the zone change request. The zone change request is from RA-1 to an RA-3. Glen Neier, City Attorney had earlier indicated that he had a little bit of difficul.ty with some of the uses allowed in an RA-3 zone; motels as conditional uses and banking facilities. They had decided to temper down the uses thatare allowed in an RA-3 zone with a subsequent text amendment that would eliminate banks as a permitted use, and allow drive -up banking facilities as a conditional use; and eliminate motels altogether as a permitted use in an RA-3 zone. The Planning Board did act on that this week and sent the recommendation to you which is in your mail. box now. -3- David Greer said that they could have a public meeting on April 4th if we have time to send out the notices. There needs to be a vote • on the zone change itself because the public hearing has already been held. Once an ordinance has been passed for that purpose, it is a 30 day first and second reading - so it takes another 30 days before it can go into effect. The trouble with this is the zone is in conformance with the compre- hensive plan, the master plan. That is an appropriate zone for that area. They have the right to ask for that zone, and there is not really a basis for denial.. It is possible to change the zone to RA-3, but with the subsequent change we can tone down that zone so it is more compatible with the hospital area. Councilman Gunnerson asked David Greer - is it not also that the zoning request in that area is bringing it into compliance with what is already in existence up there today? David Greer stated no. The reason they are asking for the zone change request is because they wanted a drive-in banking facility associated with the pharmacy. The pharmacy is allowed in the existing zone of RA-1. They would also need a text amendment to allow a pharmacy in that zoning classification with the change to the RA-3 zone. The entire hospital area is now RA-1 (Residential Apartment). It allows medical facilities when they are adjacent to a hospital. This would be for the Medical Arts facility only, just that section of land. Chairwoman Robinson asked what happens if we approve the zone change . and the text amendment is not accepted by the council? David Greer stated there is a chance that you could have a motel up there as a conditional use. The Medical. Arts facility only has room within the little grassy area for future expansion, so a motel will not happen. He noted that if you were to talk with any of the medical profession up there, they would not be against a motel on the hill, but they would need a zone change to accommodate that, so at a later date, if they came in and asked for an RA-3, motels would have already been eliminated from that use in that district. However, none of them have the land to do this. Anyone at anytime can ask for that RA-3 zone, because it is in conformance with the master plan. The council can always recommend against it, but if the major state law says that zoning has to be in conformance with the master plan, a lawyer could get up and argue that the map says the hospital area is medical -professional.. This zone RA-3 is a medical professional zone. If they really wanted to squeeze you on it, they could. Councilman Atkinson said that he would not like to set a precedence so that someone could put an RA-3 zone anywhere. Motion: Council. Atkinson moved a recommendation be made to the council for a text change of RA-3 zoning for the Medical Arts and at • the same time moved that the location up there next to the hospital be changed to an RA-3 zone given that the text change passes. Councilman Furlong seconded it with discussion to follow. Councilman Furlong stated in light of the traffic situation, he is con- cerned who will be using that facility, the general public or for people who live there? Increased traffic and parking are a concern. He stated if he understands where it is going, the pharmacy is going to be built in the current parking lot. The medical community mostly, have been the ones complaining about the lack of parking. Councilman Gunnerson stated he has the same concerns Councilman Furlong has. There is a very serious traffic problem there right now that is going to have to be addressed. To create something for the Northridge area and for them to be able to go across the street rather than go downtown - I am not for it. I am for the pharmacy but not the savings and loan. Councilman Atkinson agreed with Councilman Gunnerson. He noted David Greer had mentioned something about the passing -the -buck as far as the traffic flow study. The council has no control. over this until. they turn items down. He was concerned about the traffic problem. David Greer stated they have considered what the council members are • saying. The RA-3 zone will not decrease traffic beyond an RA-1 zone. They evaluatedthe uses and medical facilities generate more traffic than any other use there is. If you eliminate the uses as they are proposing, there will. not be any more traffic -generation potential than there already is. Secondly, they are not proposing that drive- in facilities be allowed outright, we are suggesting that they be allowed as conditional uses which go to the Board of Adjustment -which will. put limitations on the use. The Board of Adjustment can put as many limitations on them as necessary, one drive-in lane, etc. • Councilman Furlong stated it appears this drive-in facility is not really a public one, but for the benefit of the medical arts community. He noted he would like to have one on his corner with the same kind of benefit. He asked if the Medical Arts Pharmacy would be closed in the building and moved outside with the drive-in facility? Mayor Kennedy confirmed this, yes. Councilman Furlong stated - then this would still be a private pharmacy, Councilman Gunnerson pointed out there would be a tremendous increase in traffic when the new retirement center goes in, and without a traffic design, he felt that it should remain the same as it is now. -5- Chairwoman Robinson stated in addition to that, nothing has been done to the highway speed on Highway 93, even though the Highway • Commission has met. The impact will be off Conway onto the high- way and back. She understood that they will be restudying that situation. Roll Call. Vote: The motion was denied for the Medical. Arts Zone change unanimously upon roll call vote. 3. Council -man Furlong made a motion the committee amend the agenda taking Item No. 2, Legion Baseball Lease under consideration next. Roll. call vote was unanimously in favor of the motion. Councilman Furlong stated there were representatives before us waiting to make their proposal and have been here since we started this meeting. He did not feel that they could review both the Golf Course Lease and the Legion Baseball Lease and do justice to both. Chairwoman Robinson agreed especially with not just having received them. Legion Baseball Lease: Bud Anderson and Dan Johns of the Kalispell American Legion Baseball Board of Directors made their presentation as follows. Bud Anderson stated last September after the new bal.lfield was put in they were asked by that Parks Committee to come up with a present- ation of a lease that would be acceptable to the city. At that time • he worked with Councilman Chuck Manning and they presented a lease. It is not professionally done and copied it basically from the Golf Association's Lease because the city had accepted theirs. There were a couple of meetings following that with Councilman Manning and it then came before the new council., and once again, they are presenting this lease to the city. They have met with Mike Baker, Parks Director and Glen Neier, City Attorney on Thursday and received their opinion and the opinion of a few others. Chairwoman Robinson stated they had not had a chance to review this and apologized to them, but would prefer to be able to go over it first. Bud Anderson said that they just learned of the meeting themselves. Chairwoman Robinson said the council is meeting Monday. Bud Anderson said that they were anxious to get this done as they start to practice indoors Monday. Councilman Gunnerson said that he went along with that but would like to hear Mike Baker's comments concerning the lease, even though they have not had a chance to review this lease. Councilman Furlong stated that the committee should cleanup the language of the lease and the amount of the lease. Dan Johns said the Lakers are only interested in that portion . of Begg Park south of South Meadow Drive. They are interested in as long of a lease that they can obtain; the golf course one is for five years. There is a substantial economic investment that has been made by the city for use as a baseball field, and they will. be looking at a continued investment themselves. They will be constructing dugouts as there are none and some grand- stands. They are in contact with the Athletic Director at the University in Missoula, and it appears that there are additional stands available. Mayor Ed Kennedy said that the City Attorney has rendered an opinion that the city cannot enter into a lease for five years if it is not related to the airport. That does not include a renewable type lease. Councilman Gunnerson asked Mike Baker what he read in the State Statute which refers to the five year park land use? Mike replied there is some discrepancy and Glen even admitted it, there is some clarification that needs to be made on the technicality of the five year lease whether it be non -park land or park land. He does not have that clarification as yet, and he did not know if Glen Meier was going to request that from the State Attorney's office. They cannot say that they will. bind this contract for 5 years until this clarification has been made. Councilman Furlong suggested a three year lease with annual. renewal. • The annual renewal. would begin after the three year period. The Boards change and this renewal would guarantee the property is being looked after. Cancelling a lease is not that easy. • Chairwoman Robinson stated she would not Like to renew al.1. of the City's leases annually. Most of the Boards, Committees have four year terms. If there is a three year lease for example -there would be a partially new board or an entire new board or two or three members of a new board into that third year. Renewing the lease annually would not control. it that she could see. Councilman Gunnerson noted that with a short term lease a bank would be reluctant to lend money versus a five year lease. He felt the Kalispell. Lakers and the Legion Baseball. Association, have been doing this since he has been in town. They have appeared to manage their own resources and business extremely well, and feels they should con- tinue. The City of Kalispell is not in the baseball business, and if we have properties to lease, feel that they should lease it pro- vided in the most beneficial way that is possible to that entity and go from there. Chairman Robinson wanted the option to be able at the end of the lease to renegotiate it, not just an automatic roll-over, -7- Chairwoman Robinson asked when was the lease up and what was the charge? It was noted there never has been a lease and no charge. • Discussion was carried on about the other uses that may damage the field for playing baseball, and hoped that the city would not have other functions that would be detrimental considering their investment. They noted rain and then have someone use it for instance a Llama show, which has happened before. Then of course, the field would be unusable for baseball. Councilman Furlong noted Page 2 of the lease which allows the city to use the field also. Soccer in the outfield would be compatible. Dan Johns said they are not opposed to other uses, just felt they should be compatible. Bud Anderson stated it is a lot easier to get people to help them as far as donations and time and labor if they know that this is really basically leased by the American Legion Ballplayers. Councilman Furlong said he suggested $1,000.00 for the lease for reasons of liability. Dan Johns said they are covered through National American Legion Association for both medical loss and liability; usage for base- ball activities only. Councilman Furlong noted fire insurance lessor maintains it in the lease. Chairwoman Robinson said she does not feel - comfortable discussing what she has not read. • Councilman Furlong noted that it will. be used basically for a baseball field. The City of Kalispell will have expenses also, to mow the grass maintain roadways and pathways, fertilize and maintain sod, maintain areas outside the ball. field, approaches, drain and shut down water system for the winter. Labor and materials will enter into this for the city also. • Councilman Atkinson stated that he would like to table this item until the next meeting so that we will as a committee have an opportunity to read this proposed lease. Chairwoman Robinson asked Councilman Furlong since he had done more research on this than the rest, would he please get some figures on fire insurance? Chairwoman Robinson said that they should go ahead with their practice and so forth as there has never been a lease in the past and the Committee will read the lease in the meantime. The rest of the Commi- ttee agreed and will contact the Legion with the time and the date of the next meeting. Mike Baker asked the Legion to contact his office for any capital improvements. WE 4. Golf Course Lease: Chairwoman Robinson stated it was her understanding at the last meeting the golf course was discussed there was input from all of the council members present. That input was referred to the City Attorney who has prepared a draft. Councilman Atkinson noted there was no provision for civil. rights or equal rights. Item No. 4 contains a percentage of the amount of the lease. Councilman Furlong suggested an increase but not a percentage. Councilman Gunnerson stated he felt the golf course was operating well.. He noted some of the wording on page 2, 2-a, page 4, item 5 the wording is vague, item 6, 3rd line change wording lessor/lessee. Councilman Furlong stated winter sports should be included -those compatible with the golf course. Councilman Gunnerson noted No. 15, page 5 wording on legal. action, liability.should be changed. Councilman Furlong noted it is a "hold harmless clause." Councilman Gunnerson noted a change to No.17 also. Motion: Councilman Furlong made a motion the lease for the Kalispell Golf Association be $15,000.00 per year. Councilman Atkinson seconded • the motion. Councilman Furlong said that he disagrees with a percentage as it is so variable. He noted some of the monies should go for the use of improving Kalispell City Parks and Lands. Councilman Gunnerson felt that $5,000.00 per year was more than acceptable. The Kalispell Golf Association offers jobs for the people in the city, and the profit they receive goes back into the golf course for upkeep and maintenance, improvements. Vote: Roll. Call Vote on the Motion: Councilman Atkinson and Furlong in favor. Chairwoman Robinson and Councilman Gunnerson opposed. Motion Failed. Motion: Chairwoman Robinson moved that the Kalispell Golf Association lease be in the amount of $5,000.00 per year to include distribution - after dis rsement to cover insurance costs -the remainder to be used by the Parks Department for equipment replacement and depreciation. The motion was seconded by Councilman Gunnerson. Vote: Councilmen Gunnerson, Atkinson, Chairwoman Robinson all voting aye. Councilman Furlong abstained from voting. The lease will be referred to the City Attorney to change the wording. The meeting was adjourned by Chairwoman Robinson at 7:00 p.m. with the remaining agenda to be discussed at the next meeting. It was seconded by Councilman Atkinson. NC -9-