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03-30-88 Parks Comm MinutesPARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT iCOMMITTEE MEETING OF 30 MARCH 1988 COUNCIL MEMBERS PRESENT: Chairwoman Marla Robinson Vice -Chairman Noel Furlong - (Absent) Jim Atkinson John Gunnerson OTHERS PRESENT: Glen Neier, City Attorney Craig Kerzman, Acting Building Official Mike Baker, Parks Director Roger Hopkins, Reporter -Daily Inter Lake The meeting was called to order by Chairwoman Marla Robinson at 4:03 p.m. with all council members present except Noel Furlong. Agenda Item No.l: Bruce Lutz from Architects Design Group requested the committee to reconsider their previous vote on the Kalispell Medical Arts Zone Change. He felt there had been a lack of input to the committee. Also representing the Kalispell. Medical Arts Zone Change were Steve Weber, M.D. , Wilson Higgs, M.D. and Chuck Mercord of First Federal Savings and Loan. Mr. Lutz noted Dr. Weber would like to Speak later. • Mr. Lutz stated they would like to present additional legitimate answers to the committee's concerns which were stated at the last meeting, and were not given an opportunity to do so earlier. He noted the Planning Board and the committee had reviewed this request, and felt the committee had not been informed of the 12 item criteria set forth by the State. He requested the committee to review this application again using the 12 item criteria and felt this would make a difference. Mr. Lutz asked David Greer, Planner, to please review for the committee's benefit, the entire process from the beginning up to the point where the committee considers this application, as the council members are new and may not have been informed of the procedure. David Greer stated for a zone change application, the Flathead Regional Develop- ment Office requires the applicant to come in and discuss it with the staff. They try to advise the applicant after reviewing the application. Steve Herbaly, Planning Director (also present) discussed this application with Bruce Lutz, and at that time Mr. Lutz indicated they wanted a free-standing pharmacy and possibly a drive-in teller combined. F.R.D.O. had a couple of options to con- sider, one a text amendment. This was discussed in January, 30 days before it went to the Planning Board. The text amendment would allow the existing use in the existing zone. David Greer advised against this because RA-1 zone is situated throughout the city limits, and the city might not want a drive-in bank facility in some of the predominantly residential areas. An RA-3 zone is a residential -professional zoning classification. He noted F.R.D.O. deter- mined the zoning classification was in conformance with the master plan. The master plan has that area labelled as medical -professional. e An application was submitted by Bruce Lutz and this application was sub- mitted and sent to the city staff and the various committees of the council for comment. F.R.D.O. tries to give the city staff 10 days to comment in writing; and as far as the city council, F.R.D.O. informs them there is an application pending, and the council does not as a rule reply unless there is a problem. F.R.D.O.'s job is to evaluate the application after receiving comments, and try to formulate a deci- sion as to whether it is a good proposal or not, and then inform the city council. Steve Herbaly noted that this is the time technical comments come in from the staff as far as Public Works is concerned if we are talking about utility extensions, hookups, etc., and this in turn is worked out before it goes to the Planning Board. David 'Greer said they normally set a deadline so that they can have a report written and to the Planning Board one week before the meeting. The Planning Board will then have a week to incorporate all of the find- ings of the staff report. He stated they have as a routine, been talking with the Building Department, so at least it is verbal in this respect. Craig Kerzman, Building Department noted at that point, there were no critical issues he was concerned with. The application's next step is the Staff writes a report, sends it to the Planning Board for review. The procedure for the staff report to be written (Statutes were handed to the committee) is by using the Montana Supreme Court's 12 items. This application did go to the Planning Board. • Steve Herbaly said Low vs. Missoula was the case that went to the court, and in issuing the court's findings they took the enabling legislation, and took those criteria and spelled them out in their findings, that the governing body shall evaluate the zone change in relationship to the comprehensive plan - using those 12 criteria. • David Greer noted there is some flexibility in reviewing the 12 items. The staff report was then sent to the city council with the recommendation from the planning board. The public hearing is held at the council meeting. F.R.D.O. set the date for the public hearing, and this was right at the time the committee's were changing. They had previously met with the Annexation Committee with Clare Hafferman as chairman, and the committee stated they would open it up to a vote at the council meeting. The hearing was completed at the council meeting, but no discussion was followed up at the annexation portion of the agenda. It is before this committee now, and that completes the history of this application up to the present. The real concern with the applicant is that the staff report and the 12 items should have been gone through. John Gunnerson.stated David Greer was at the meeting where the committee decided to suspend the zone change; and why was it not pointed out to the new committee then, what the procedure should have been? David Greer said that normally, the Annexation Committee goes to the attorney to draw up a resolution in support of the recommendation; and at this point, the Findings of Fact are made. -2- Bruce Lutz introduced Steve Weber, M.D. who is with the partnership. Steve Weber presented an overlay and the committee looked at it with dis- cussion following. The pharmacy was not meeting the growing needs of the medical community up there on the hill, so Dr. Weber stated -they looked at the feasibility for the drive-in pharmacy. Architects Design drew up the plans and they felt it did not really utilize the property appropriately. They looked at other options including a restaurant, home help care, etc. It was then suggested a convenience banking facility, walkup type, would serve the property and their needs very well. He said there are 518 employees at the hospital, 88 at Brendan House, Lutheran Home 156, Glacier Psychia- tric 41, Northwest Neurosurgical 31, 25 Second Wind and 50 doctor's offices. They talked with First Federal, Architects Design and found that a zoning change was needed. He said there did not seem to be a problem at the plan- ning meeting, but at the city council it was appropriately stated there is a traffic problem. He agreed there is and has been one. When they were turned down by the committee it was confusing when it had looked very favorable before. He thanked the committee for their time. Jim Atkinson asked Dr. Weber how the drive-in portion would work? Dr. Weber noted Architects Design has traffic flow patterns whereby one would come off Conway Drive and come in here, (he presented an overlay). Discussion contin- ued_ Bruce Lutz said there is no firm commitment from a bank. They are request- ing a re -zone at this point so they can pursue that idea. The text admend- ment reads "there will be a conditional use permit issued in the event of a drive-in bank," which means the city will have everything to do with how • the signage is designed and how the access is handled on and off the streets. He wanted to stress that if the convenience bank does go in it will be a one window affair, most probably a one employee, and will be strictly to accommo- date the almost 1,000 employees in the medical community. The RA-3 zone is a much more appropriate zone for the hospital community, it, in fact, allows medical facilities and clinics. The RA-1 zone has to be in conjunction with a conditional use permit because it does not permit medical clinics and offices. This would be the appropriate zone for the entire area. It should be considered beyond the issue of the bank. The traffic problem can be suc- cessfully argued. A facility such as this may in fact lessen traffic con- gestion, because the traffic we are dealing with is downtown, existing medi- cal facilities and a convenience facility. If it is a Friday afternoon and I live out of town, the roads are busy and I work at the hospital, I would be inclined to use that facility rather than go downtown and then back up the hill or whereverto go home. The pharmacy could in the same way lessen traffic. 0 Jim Atkinson was not in favor of this because of the traffic generation. He noted there was an entire residential section that would also like to not have to drive all the way down to do their banking. He did not hear (obvi- ously we are way ahead of ourselves) we won't allow anyone to bank at that facility. He felt it would have a backup problem on Conway Drive, especially on a Friday night and then trying to get back onto Highway 93. -3- Clare Hafferman, councilwoman was in attendance and stated she voted . against it because it was a residential area. One of the things the city attorney brought up was, if you make the zone change you are allow- ing other businesses into the area. She also noted, she did not hear anyone screaming for another drive-in bank. There seemed to be enough in Kalispell. Councilwoman Hafferman stated she would be interested in how many employees on the hill requested this bank. She voted against it for the traffic generation. She said the amount of employees that would be using this would depend on the branch, they may not bank there. These were her reasons for voting against it, plus the pros and cons from the city attorney. Glen Neier stated what he questioned in the RA-3 zone was the way it was written at the time, which allowed far more intensive land use than in the RA-1 zone. That included primarily hotels, motels, accessory uses, banks, savings and loans. It also did not have a use of a pharmacy in an RA-3. The text amendment that will be considered Monday night at the council meeting, will considerably clean up that RA-3 zone, at least as far as extent of land use that is permitted. He stated that the council will consider the text amendment on April 4th, and that text amendment if passed, will have the effect of changing tha RA-3 zone to allow less in- tense use and eliminate some from it. He suggested that he try to put an add in the paper to advertise a public hearing for the second meeting in April to consider this zone change request. Steve Herbaly stated he talked with the Mayor about F.R.D.O. meeting with the city council and put together a more formal procedure on how the entire process works with F.R.D.O. as advisers. He noted he foresees in approxi- materly 5 to 10 years where Kalispell and the valley are going to be re- sponding to development proposals and a lot more pressure than is going on at the present will be encountered. Now is the time to iron out all pro- cedures and proceedings, so that they can go at 3, 5 to 7 percent annual growth and have a very smooth process. This will prevent situations where the council is faced with making decisions without the best information from F.R.D.O. as their technical staff. Chairwoman Robinson noted she had discussed this same thing with the Mayor. Steve Herbaly said they have given a training workshop for elected officials, zoning commision, Board of Adjustment members, and they have about $17,000. worth of video produc- tion time in that workshop, and those tapes are available for you to review at your leisure at home. F.R.D.O. would be happy to set up a work shop with the council. David Greer stated the council still needs to consider permitting a pharmacy. Clinics are already permitted. The way the text reads is "to eliminate banks, savings and Loans, finance and loan companies as a permitted use, allow drive- in banking facilities as a conditional use." You would not have full-fledged banks; the only thing you might have a possibility for is a drive-in bank, and then it would go to the Board of Adjustment for review with their stipu- lations on what king of drive-in facility you could have. The other thing would be to eliminate hotels, motels and to allow pharmacies as a permitted use. Conditional Use Permits and Variances go before the Board of Adjustment. -4- Chuck Mercord from First Federal Bank said he was not going to speak, but felt it was unfortunate that the term or word banking be attached to this application because it is only a very small part of what is happening. The doctors approached them in the area of a convenience facility. As far as regulation, we could go across the street by the Flower Shop if not in this particular area in question, apply for a branch under the proper process and do it. The bank creating a whole lot of traffic to a certain degree is moot, and he would just as soon as it be taken out of the context of what the committee is discussing, and talk about a zone change for the purposes of whatever commercial type activities are appropriate. The context of the discussion is around the bank and not the pharmacy, etc. There are a whole lot of different uses. Noel Furlong's Comments: (In absentia) "I still intend to be opposed for the reasons given before: a) Traffic Problems both internally and externally; not only is there a problem getting to and from the area, but once there, there is a traffic problem within the area. b) I question the need for a drive-in facility. Would its use be restricted? Could anyone use it? Could some use it and others be denied? If the zone change is permitted for the drive-in facility; what is to prevent all the other new uses from being added?" Motion: The Zoning Committee will reconsider the Medical Arts Zone Change from . RA1 to RA3 application at the next council meeting of April 4, 1988. The motion was made by John Gunnerson and seconded by Jim Atkinson. Upon roll call vote motion was unanimously in favor. Motion passed. L] Agenda Item No.2 a. - Elks R.V. Park: David Greer stated the Planning Board met on March 8, 1988 and they pre- sented a staff report that F.R.D.O. had prepared, and had recommended conditional approval with 14 conditions. The Planning Board changed 3 of those conditions. One of the conditions was that this road be paved, because of air quality issues that dust -has raised recently, and there is a pool that will get muddy, and the subdivision regulations require paving. The other change was a recommended 4 foot chain link fence, be- cause the spaces are not shown well on the ground and people drive around and dogs run around; the Planning Board chose not to impose this condition. The applicants asked it not be imposed. The third change was recommended parking pads be clearly delineated with curbs, and basically, the word curbs was deleated. The Planning Board said it was o.k. to let them gravel it; our staff asked that it be paved. The council can do anything they like on any of the conditions that is not a set regulation or State Statute. -5- The Elks had mentioned they did not want to pave citing -too costly. Chairwoman Robinson asked if there was any type of rock that could be • used if they decide not to pave? David Greer said that if you grant a variance you cannot use financial reasons for doing it; so not having the money is not a good reason. He noted the council should talk with Public Works Director Hammer and ask what he would suggest and then present it at the council meeting - to recommend it be built a certain way. You would also need some findings of fact to allow a gravel sur- face as opposed to paving. Chairwoman Robinson asked about the fence history? David Greer stated when the Annexation Committee met the first time with Clare Hafferman, Ken Hammer, Public Works Director was in attendance, and indicated the proximity to the airport would logically need some sort of security fence. It was discussed at the Planning Board meeting -the Elks said they may want to buy the property right behind them, so they would not like to put in a fence just to relocate it later. David Greer said their experience with R.V. Parks in the County is they have always required fences because there are cats, dogs and children running around and R.V.'s (and this is a marshy area). If this is not paved and the road is used in the early Spring, unless it is built very well you could expect some mud problems. The city staff did respond to this application in a letter. The letter came after they wrote their report and noted the committee may want to look at this letter. The city listed 8 items they were concerned about. One of them was a boundary fence for safety purposes, and No.2, Any utili- ties installed and constructed shall comply with City Standards, No.3, • New proposed access off of 18th Street will need to have a 90 degree angle for safety purposes, etc. A copy of the letter was given to the committee. David Greer suggested that this be recommended in the council's conditions when it comes up for review. He stated that the State Law requires that they address 8 Findings of Fact on subdivisions. The city attorney knows about this and incorporates it in his resolution. Then the subdivider has to comply with all conditions, it is inspected and signed off before they can occupy the space. Jim Atkinson asked if it was a normal procedure that you listen to the public hearing and vote on it right afterwards? David Greer stated these applications have to be done in 60 days, it is law. They have it in their office for 30 days at the Planning Board level, so you cannot wait too long to act upon it or you violate the 60 days rule. It is so the applications are continually being processed through the system without delays. This rule is part of the State statutes. David Greer said the condition of sub- division approval -that when the approval is granted, it is good for three years; they do not need to complete this for 3 years if they keep asking for extensions. John Gunnerson stated he felt the curbing should be coley left to the Elks and is another cost burden that is being put upon them. If there • is paving and grass up to the paved area, it could be really attractive also. David Greer said the pads need to be defined as to where to park at mid- night. It is for definition rather than to serve as a barrier for vehicles. Noel Furlong's Comments: "The concept was pretty well accepted the last time it was presented to the then existing committee. The only questions raised were cost of city hookups, site preparation, proximity to the air- port and fencing. I favor city approval with these and other issues clearly defined." Motion: Jim Atkinson moved to recommend to the city council that the Elks R.V. Park be granted and all F.R.D.O. recommendations be adhered to; the fence be installed; the road be paved and the parking pads be curbed and filled with 3/4" crushed gravel with binder, and annually sprayed with dust abatement oil. If water drainage allows, would put in or not put in the curbs -depending upon the water drainage study of the roadway. John Gunnerson seconded the motion. Roll call vote was unanimous. Motion Granted. Agenda Item No.2 b. - Text Changes to B-3 Zoning Classification (Dr. Nelson): • David Greer stated this is for the text amendment to allow parking of the Ryder Trucks which they are already doing. It is stated for Rental Service, Stores and Yards. He said this is a notification to let you know there is an application pend- ing in the F.R.D.O. office, and we have sent this on to the city staff and Craig Kerzman, Zoning Administrator has commented. Your committee does not need to make any comments unless there is a problem. Chairwoman Robinson asked if the Fire Department has commented to you? David Greer stated no they had not. Chairwoman Robinson talked with Ted and he had indicated there was a concern about closing that alley. David Greer said that the alley situation is going on independently of all of this, and is being worked out by the landowners up there. David Greer stated this is a request for a text amendment to allow parking of the Ryder Trucks in that zoning classification, which they are doing at present, but will have to move them if the text amendment does not pass. The Planning staff will be evaluating this based upon whether it is appro- priate to that zoning classificaiton. David Greer also noted, when looking at a zone change, you look at the zone not the use. (He passed out work shop material for the committee). -7- Agenda Item No. 3 - Parks Shop Relocation: • Mike Baker, Parks Director said in the short time he has been with the City there are a number of items that have come to his attention, and feels they need some adjustment. The shop at Woodland Park is located away from the main city complex. They have run into problems with equipment exchange, re -fueling, etc. The shop at Woodland Park is necessary for the maintenance and operation of Woodland Park, but it is not a headquarters for the parks crew to operate from. There are two possiblities in remedying the situation that he has come up with, and is open to any suggestions. Andy Hyde, Water and Wastewater Superintendent, some time in the future, will be looking at a new shop for the water department. At that time it would be a possibility of Parks adding on to that and lessen the expense to supply a separate Parks operations shop. The city services a number of parks within the city, and are always going up there to get their equipment and taking it back before 4:00 p.m. as there is no storage at Woodland Park for the equipment. They store two trucks at Woodland Park and that is it. He talked with Ken Hammer, and he is entertaining the idea of adjusting some of his work to accommodate a Parks in: :the First Avenue West complex. Mike Baker preferred building their own facility. This area is best for communication and operation and would flow much better. For example, there is a free exchange of equipment between departments to co-ordinate who will be using a piece of equipment the following day. The street foreman's office is down • there, the gas is there and the storage for the larger equipment is also down there. All of the equipment is based there and in the morning they go and get the equipment, come back and do the work, at night go back to store the equipment, and then go back to the Woodland Shop at 4:30 p.m to disperse. It would save some trips on the road and time. He certainly does not wish to abandon the Woodland Park Shop because they would verti- ally turn it into a carpenter shop, store mowers there, work on the small equipment, and base the operations for Woodland Park out of this shop. Jim Atkinson asked if the Park employees work in the street and Mike stated no, they are separate departments. They do work together on some projects i.e. sidewalks. Agenda Item No.4 - Fees for Park Usage: Mike Baker said at this time he is not submitting a proposal, just informa- tional purposes. The sources for park funding pretty much relies on the general fund revenue. He noted that he came from a state where the parks program is run by nine different funding sources. The County Parks pro- gram has a self-sufficient funding operation. Glacier Park receives revenue based funding in handling their operation, maintenance and expan- sion. He felt the city should look at this from the Federal Government all the way down to the city government. It will come about even at the city level. In a way, the city is doing it with the pool, charging. The swimming lessons are being paid for and are paying for themselves. • It is not paying for the operation of the pool, but for the swimming lessons. March to November of 1987 shows approximately 214 events at Woodland Park, and which I assumed, comfortably, 132 could have been charged. The rates are variable and depend upon different func- tions and the amounts of people. The revenue could be $3,300. and that is being conservative. Chairwoman Robinson asked who would collect the fees and monitor the reservations? Mike Baker noted the Building Department's secretary is making the reservations, he is approving them and sending them back to the Building Department. These reservations are on a calendar. Basically, when they come in to make a reservation they would give a check to the Building Department at that time. This is not so much an activity fee as it is a bookkeeping, reservation fee, a fee for cleaning up. After every one of these events the rest - rooms need an intense cleaning, and the people are responsible to clean up the pavillion and areas they use. There is wear and tear, use, there is depreciation, use of water, power and garbage, etc. Chairwoman Robinson asked if there was any feedback from the public? Mike Baker stated yes. He has asked people who come in to talk with him and recently, a singles group felt $10.00 was acceptable. He also asked 5 or 6 weedings and they have been receptive to the fee. Public vs. private has to be ironed out as to who should be charged,i.e. boy scouts, • crippled children. Do we want to charge them? Policy guidelines should be set up. Within the Lone Pine structure there is a fee difference between non-profit and private, and that should be the key. If Lawrence Park goes, we are going to look at some basic facilities within a picnic shelter, within a large group use area. The facilities that are around are mainly at Lone Pine; there are a couple within the county and are basically on a charge type basis. Woodland Park is the only one that is relatively free. The Building Secretary noted that many people from the area and out are surprised that we do not charge for weddings, pot luck, Lhe large pavillion and reunions. Mike Baker noted the people feelthey pay taxes and they have a free right to use the park. To a point they are correct, but he also felt that any group use is entitled to pay for that fee within the fee structure. if they were independent, which we have allowed for, independent picnic tables for a family, that is fine, they can do this for free. We are talking about group use, heavier concentrated impact. Chairwoman Robinson asked the committee if they could give a concensus to go ahead on this. Jim Atkinson said he would give the go ahead. Mike Baker said he will draw up a draft of fees, do more research and bring it back befor the committee for discussion and changes needed. The committee agreed. 0 Chairwoman Robinson asked to read Councilman Furlong's comments on the • Park Shop Relocation, Item No.3. "I would have to hear the rationale." Item No. 4, Fees for Park Use: "Basically opposed for general public use. I favor fees for group uses or for uses that preclude general public uses during that specific time." No. 5 - Peterson Land Trade: Mike Baker said Gary Rose, Maintenance man for School District No.S and he were talking. Mr. Rose brought to my attention the Parks Ad- visory Committee Meeting, July 22, 1986, under District No. 5 Land Swap the council has passed a resolution of intent to trade property at Peterson School for 7 acres on South Woodland Drive. Chuck Manning reviewed the plans, and reiterated the intention of the school district to keep open space on the portion of the land the city is trading to them. The original concept was to put four girls softball fields at South Woodland location, and have the school district move one Pee Wee field from Peterson to either Northridge or Sunset Park. Mr. Rose wanted to make this part of the minutes, that since they have not eliminated the Fry Fields at Peterson School, and those are still in existence, they would not be constructing the Pee Wee Field at either Northridge or Sunset, and no plans within the next ten years. The land trade took place last year. Discussion followed. Mike Baker stated this land will come up at the next Parks meeting as they have some plans. There have been some suggestions made within the group of ballplayers, whether it be softball, baseball, soccer or whatever. The • next city council meeting someone will be present to address the council regarding getting this on the agenda for the next Parks Committee Meeting. This is for informational purposes for the council. Again, for informational purposes, Mr. Baker met with the Friends of Lawrence Park and the Kalispell Golf Association. They have had regular weekly meetings, chaired by the Chamber and met this morning on -site. He felt they were making great headway, and by the next meeting Wednesday, they will be given their recommendations from the sub -group. In the very near future there will be some word coming back from both groups. Discussion followed. - Old Business: Chairwoman Robinson noted there has been some work done on the leases. Councilman Furlong has been working on them. Councilman Saverud has sub- mitted a list of items for the K.G.A. and she has some ideas on it also. Chairwoman Robinson said if there was more input -the committee could put this together and give it to Glen Neier and bring it to our next work shop. -10- .She saw no problem with following the same format with the Legion, Lion Park or any other park lease that we have. The text will be • different, but the format should be the same, and the same items should be addressed if necessary. If some of theitems do not apply, then they should be noted so. Chairwoman Robinson adjourned the meeting at 6:10 p.m. Respectfully Submitted, tlyo-lc1 g Recording Secretary Marla Robinson Chairwoman nc • -11-