05-10-88 Parks Comm MinutesPARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT
• MEETING OF 10 MAY 1988
COUNCIL MEMBERS PRESENT: Chairman Noel Furlong
Jim Atkinson
John Gunnerson
OTHERS PRESENT:
Mayor Ed Kennedy
Glen Neier, City Attorney
The meeting was called to order by Chairman Noel Furlong at 4:02 p.m.
Agenda Item No. 1 - B-3 Zoning Classification Text Amendment:
David Greer from the City -County Planning Board stated Firestone has the
franchise to handle Ryder Truck Rentals just recently. They have moved
Ryder trucks on to the lots by the store and then found they were in viola-
tion of the zoning ordinance. B-3 does not allow truck rental. The word-
ing would be "rental service and storage yards" which is allowed in other
zoning classifications. They sought a text amendment to allow the use in
a B-3 zone, and this came throughthe county office as an application. It
was reviewed and the conclusion was that the text amendment would not be
appropriate as requested. The category was too broad, allowing bulldozers,
etc. They instead, recommended the text be amended to permit truck rentals,
• single axle less than 20,100 pounds gross vehicle weight. They also felt
this would be closer to other similar uses in the classification. They
took this recommendation to the County Planning Board and the board recom-
mended that it not be approved at all, and were expressly concerned with
the fence around the storage lot. The report basically stated that what
needs to be reviewed is the use, whether the use is appropriate to the
clasification, and not the location, whether the use is appropriate to
community business zoning classification.
David Greer noted there has been new information which needs to be presented
which was not available when the Planning Board looked at it.
There will be a public hearing next Monday night at the city council meeting
and this committee needs to give a recommendation if it is to be allowed.
Chairman Furlong asked what are the options at the public hearing as far as
the council is concerned? David Greer said the council will open the public
hearing, ask for people to comment and then the public hearing is closed.
The council can act that night or take it under advisement and act upon it
at a later date. There is no time deadline on this particular amendment.
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John Gunnerson asked David Greer about the differences that were presented
at the City -County Planning Board Meeting. David Greer said the board acted
• upon this after a very long public hearing and there was not much discussion.
This discussion included more of where a particular use might be located as
opposed as to how that use might be appropriate to the whole district. Then
the fence was discussed in detail. Since then, Firestone has personally
talked with him and others to explain exactly what they wish to do, and it
would be something appropriate to the area because they would be willing to
do landscaping and other things. They did not attend the meeting that night.
John Gunnerson asked why it would not go back to the Planning Board again
if there was new information? David Greer said it has been to the Planning
Board and they are considering the same thing this committee is considering.
John Gunnerson asked if there was public input on this? David Greer stated
there has been no public input as it is reviewed strictly by the Planning
Board.
Chairman Furlong said that he was on the City -County Planning Commission.
It was his first meeting and the vote was unanimously opposed and he was the
last one to vote, and voted no to be on the prevailing side and fully intended
and still may ask the committee tonight for reconsideration. That does not
mean that they will get it.
Chairman Furlong said in his opinion, there had been a very long discussion
on Ashley Vista which was a very controversial issue West of town. Ultimately
it was defeated. It was very exhaustive and consequently, the following
Firestone issue was short-changed.
Van Kirk Nelson stated the history of the request. In the late 1960's to
1970 many of them were in the Buffalo Building and spread around in need of
more space. The O'Neil Lumber Company was located across the street where
the current drive-in facility, First Interstate exists. There were old
buildings, old barns. After a very exhausting deal they purchased those
12 city lots from O'Neil Lumber. They were going to erect a building of
6 or 7 offices and came before the city council. They had some parking and
wanted to do parallel parking off of the street. The city in their wisdom,
and he felt it was a good choice, stated they needed to buy more space for
for city parking. They in turn purchased the 6 city lots that are now under
negotiation with Firestone from Sanders Clothing Store. They tore down
buildings and started to build but reconsidered that they might be out of
land. They went up on the hill. and encouraged the hospital to buy the land
that they now are on - with the idea that they would buy a portion of it
for an office building. They purchased 4.4 acres from them and erected the
Medical Arts Building and 11 years later the hospital was built. They have
had some inquiries and chances to sell those 6 lots. The alley way that goes
between the music store and the Firestone store is Burlington Northern pro-
perty. It is not a deeded city alley. The alley going north and south
through the proposed Rax Restaurant behind the Firestone and between our
properties is a deeded right-of-way. Jerry O'Neil came to him and wanted
to close the alley off with the idea of building a restaurant. We felt
it wasn an excellent idea, talked with Firestone and they also thought it
was a good idea.
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When the Kalispell City Planning Board made a decision to deny the sale and
the rezoning text change, we had to withdraw our right to closing the alley
• because Firestone would no longer have the right of ingress and egress to
the back of their building except through the Burlington Northern property
or the north -south ingress and egress and Firestone did also.
They have talked with Firestone and they recently purchased from the Bell
family the Firestone Building with the idea of fixing it up, cleaning it up
and making it a business that we will all be proud of, and acquired the
Ryder Truck franchise. Dona Carpenter who is from the branch office in
California is present with a local artist's(Mark ogle) rendering to give
you an idea of what they plan to do with it. If the alley is closed, they
would blacktop it up tothe building and put a chain link fence -about 6 foot
high fence and good-looking, with trees on the north end of the property with
a wooden stake garden slat fence between it. It would ultimately be better
than what is there now. It would also close the alley so that Rax could
be built. It would take out the Kalispell Cabins which everyone would like
to see done. We and First Interstate tried to buy them, and now there
is an opportunity to make something of that corner.
B-3 zoning was discussed. There is a B-5 zone where there are trucks right
across the street at present. it is called an enterprise zone David Greer
stated.
David Greer said what anyone says should not have bearing on whether it is
granted or not. Either the use is appropriate to the district or not. That
is the way in which the report is written. Alcohol distribution centers
• and automobile sales are allowed in the area which are some of the similar
uses they based their report on. They try not to focus on the site speci-
fics.
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Councilman Furlong read part of Glen Neier's letter of 4-26-88 from the
Department Heads stating there was no objection to the Firestone application:
"Finally, the Kalispell Staff feels that the Kalispell Zoning Ordinance
Public Works Department, Fire Department, Police Department, Architectural
Review Committee have sufficient authority to regulate development so that
any impact would be minimal. Applicable regulations such as landscaping,
access, parking, public utility placement will remain regardless of zoning
classification."
Jim Atkinson asked if the traffic would be affected? David Greer stated
they looked at similar uses and impact. Similar uses are automobile rental
agency and automobile repair garage and service stations. Similar impacts
are alcohol beverage distribution, trucks, automobile sales, boat sales,
plumbing shop and yard. The traffic will not be noticeably changed. The
trucks go out on First Avenue East, which is right behind the store. The
trucks do not go out on to Main Street. Dave Baka, Firestone Store Manager
stated that they normally ask their daily customers to access through First
Avenue E. as opposed to Main because of traffic.
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Dave Baka said they are averaging 1 truck rental per day, and there
are more lumber and gas trucks going out the alley far more than any
• of their uses are.
MOTION: Jim Atkinson made a motion to recommend to the city council the
the passage of an ordinance amending Section 3.04 0£ the Kalispell
Zoning Ordinance by expanding the list of permitted and conditional
uses in a Community Business, B-3 Zoning classification to include
truck rentals, single axle less than 20,100 GVW as a permitted use
and declare an effective date.
John Gunnerson seconded.
Noel Furlong stated there is a problem in his mind with abandoning alleys and
use of alleys. He felt that you could not really abandon the alley because
there are ttilities, sewer, water, maybe gas mains. He felt this may not
be the typical alley closure.
Glen Neier said you can still close the alley with an easement. The law states
and is very specific if there is something, utilities in the alley or street
that you are abandoning, you do not discontinue the easement. The easement
agreement can be drawn up between the city and Firestone to allow access in
the alley, and also from Rax, Lence - any of the businesses with alley access,
with regard to abandonment. Firestone said there is no problem with an
easement. You cannot build anything over these utilities; they must remain
accessible. Chairman Furlong asked about the fence? Glen Neier said it is
not a structure. All Departments will be consulted as to how they want to
access that area. It will be addressed in the resolution when it comes
. before the council for discontinuance of use.
Van Kirk Nelson said this is fine. The only reason they went along with the
alley closure was to help and benefit the Kalispell Cabins going and a faci-
lity being put there, and that is the only reason. That is not a deterrent
to Firestone.
Dave Gunnerson said there is no problem with access, it was reviewed in the
Public Works Department.
ROLL CALL VOTE: John Gunnerson, yea, Jim Atkinson, yea, Noel Furlong, yea.
Motion passed unanimously in favor.
Agenda Item N0.2 - Park Reservation Usage Fees:
Mike Baker was not present and at another meeting. It was stated he has
the fee schedule drawn up. Motion was made as the committee had reviewed
the fees.
MOTION: Jim Atkinson moved that the committee recommend to the city council
to adopt Reserved Park Usage Fees as proposed by Mike Baker, Parks
Director. Seconded by John Gunnerson.
ROLL CALL VOTE: John Gunnerson, yea, Jim Atkinson, yea, Noel Furlong, yea.
Motion passed unanimously in favor.
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Mike was contacted by Chairman Furlong to bring the fee schedule with him to
the city council meeting. The resolution will come from Glen Neier with
• Mike Baker's fees stated. -
Agenda Item No. 3 - Legion Baseball Lease:
Jim Atkinson asked Dan Johns if he had any problems with the lease drawn up
by the City Attorney for the Legion Baseball? (Dan Johns had talked with
Mike Baker and they had agreed that Dan Johns would draw a lease up as well
and they could compare the leases.) Dan Johns said he does not have a pro-
blem with the 5 years, but the only part they are leasing of Begg Park is
south of South Meadows Drive. There is a part north of South Meadows Drive
against Gardner Auction, as he understood it will be developed as a passive
park with sitting areas, picnic tables and multi -baseball fields. He did
not feel the Legion should have anything stated as leased north of that
roadway into the South Meadows Subdivision. Glen Neier will change the
lease accordingly.
Dan Johns also wanted to be able to pay in labor and materials to equal
the $500.00/year lease payment. He noted the legion could meet in March
and again at the end of the summer to discuss the improvements and what
still would need to be done. He said because of the number of dollars that
still have to be spent down there, they are paying substantial sums at
present, he would like to trade work in dollar amount for the lease amount.
The fields will not be done in 5 years.
Chairman Furlong stated he had a concern with the fact the City has built
the park and should recoup some of the time and equipment that they are
going to be using to maintain the park.
Mayor Ed Kennedy stated the item Dan Johns is talking about is they are put-
ting several thousands of dollars right now into dug -outs. The city reloca-
ted the field down there and at the time that time they spent several thousands
of dollars in manual labor in laying the sod, etc. They are ultimately going
to be responsible for the bleachers. This will create a beautiful field
for the city.
Dan Johns said several years ago the organization was $25,000 in debt and
now it is $7 to 8,000 in debt. It is not that profitable an organization,
and another $500.00 right now is very difficult to come up with when they
are already working on the field with present costs.
Mike Baker stated in support of the Lakers, this first year they have spent
thousands of dollars into the field. In the future, he felt they really
should be putting this $500. into in -kind services or 10% of their gross
receipts (and have them return this from their concession and gate proceeds)
back into in -kind services. They can stretch $500. into $2,500 better
than the city can. The city takes $500. and will probably get $250. out
of it after:.you:pay,,labor, etc. If is not recouped from the parks it is
taken from the General Fund. $500.00 is nothing compared to what the Lakers
can do with it i.e., go to Bud Anderson and buy concrete block for dug -outs
at his cost; Bud will not sell the City blocks for his cost. He might give
us a good deal, but will certainly make a profit from it.
•
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Doug Weis said he donated gravel to the Lakers not to the City -for
another example. They have their contacts for donations in town and
• this is very beneficial for the City.
Mike Baker noted the bleachers alone will cost $30,000. With regard to
the construction of the second field, there is no city budget for these
items and we will probably not have it unless they go for government
funding, etc. The Lakers have the energy and the resources to get the
job done.
Chairman Furlong asked Mike Baker where the money comes from to pay you
and your crew to go down and cut the grass, fertilize it, to blow out the
pipes and make other minor repairs to the irrigation system, and to
continue to improve the city park? Mike Baker stated it comes from the
operations budget within the city, the general fund. The Mayor stated
the same place the money comes from for Woodland and other parks.
Jim Atkinson stated he has a problem with setting precedence at this point
in time when the KGA lease is in negotiation. He asked why are they not
doing this with the other sports? Dan Johns stated golf is the only one
you do charge a fee to.
Dan Johns stated over the years there has not been any charge to the Pee
Wees, Babe Ruth. Most of the improvements have been constructed by the
Pee Wee baseball organization. The only ones where there are fees genera-
ted are the Bruckhauser Pool and the Golf Course; Bruckhauser Pool because
the city runs it.
• John Gunnerson stated the Lakers Association at the old Griffin Park ran
for years under a fairly decent operation. KGA ran and went through a
fairly smooth operation and both organizations have created economy into
this valley and businesses in this valley. It was his opinion as a council-
man, the council/cityis doing an injustice to our other organizations
whether it be baseball or golf, etc., in tying up these leases as we are
tying them up today. Why have these organizations run for years and years
with no problems? Now all of a sudden we are creating something here -why
can't we just renew the old leases?
Mike Baker said that is an excellent point. Where do we draw the line?
Do we make a lease with the soccer league, Pee Wee, etc. These people
are doing a public service, donating their time, dollars and their effort
to make this program go. Look at any city recreational program in Montana,
and they are not doing that, the city is doing it. If this city had to
absorb the expense of taking on a little league program or any of these
programs, we would not have it. We are the only city in Montana that is
doing that. The rotary is handling the basketball. We should not close
the door on these people and limit them. These organizations are struggling
and then we ask them for more money. We should help them and work closely
with them. The Babe Ruth Association has about $2,500. in their budget
right now. They are not rich organizations, but come up with the resources
to build another field.
S'fl
The Mayor noted the lease was brought to the city by the American Legion
itself. Dan Johns stated they were not opposed to a concept of a lease
. and they wanted to continue working with the city. If they have to pay
the $500.00 they will pay $500.00. His thoughts were they are in a real
development phase down there -where they would like to see the monies
poured into the development rather than paying employee vacations, etc.
They realize the expense of certain maintenance for the city. He said
he would be very surprised if the Lakers do not end up mowing the infield
themselves as it needs to be kept very close -cropped, and it will need
to be mowed more frequently than they can expect the city crews to mow it.
•
Chairman Furlong stated he has an objection to a lease being unbinding
or unfair. A legal document is an agreement between two parties. He
also felt that the $500. was not enough, and is aware of what they are
going through. If there were no lease at all that property would be
controlled by action of the city. What the city is really doing is get-
ting a serrogate to do it for us.
MOTION: Jim Atkinson moved that the City Attorney, City Parks Director
and a representative of the American Legion meet to draw up
a lease to present to the Parks Committee for action.
John Gunnerson seconded.
Dan Johns said they have one game scheduled this coming weekend and a
tournament scheduled with six teams coming in over Canadian Days. They
would like to erecta scoreboard which has been provided by Coca Cola.
The only way they will get the scoreboard if the Lakers sign an agree-
ment with Coca Cola stating they will have exclusive use of the concession
stand for soft drinks. The Lakers are willing to do that as it is a $2,000.
scoreboard.
Chairman Furlong asked Glen Neier about the city's liability in an exclusive
franchise? Glen Neier asked Dan Johns if he had heard any more? Dan Johns
said the way he looks at it, if the facility is leased to the Lakers, then
let the Lakers worry about it. Glen Neier said that is correct, we are not
creating any franchise.
Chairman Furlong said the city is setting a precedent. Dan Johns said no
they are not any more than the Kalispell Golf Association is if they wish
to sell one brand beer over another brand.
Mike Baker said it is the same as the signs. There are benches all over
the golf course with peoples names and businesses all over them that he
imagines are donated.
Glen Neier said it will not be a problem only if Pepsi Cola was upset
that Coke had an exclusive sign.
Jim Atkinson said he agreed with Dan Johns and felt it was not the city's
problem whatsoever.
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Glen Neier said the Lakers are leasing the field from the city. Mike
• Baker said they are leasing the field and putting in a scoreboard to
handle the ballgames that reflect the score of the game.
Glen Neier stated it is somewhat defensible as the city is not requiring
anything, but he is concerned about it.
The Mayor stated the county complex makes 2% from the sign and franchise
concession stand.
Chairman Furlong said that if the lawyers can agree to hold city harmless
than the committee can deal with that.
Mayor Kennedy stated the Lakers made the decision which company supplies
coke/pepsi over at the other field without a lease.
ROLL CALL VOTE: Jim Atkinson, John Gunnerson, Noel Furlong all voted yea.
Motion passed unanimously in favor.
Chairman Furlong asked to have a meeting for the American Legion on
May 17, Tuesday at 5:00 p.m. John Gunnerson can attend. Jim Atkinson
stated he had meetings Monday and Tuesday and did not know if he would be
able to attend. Chairman Furlong asked if they could hold the meeting
without him. Jim Atkinson said according to his knowledge a committee
meeting did not require a forum. This was confirmed by Chairman Furlong,
but he noted he did not want to do this without the committee members
approval. The meeting was scheduled for May 17, 1988.
• Addition-to�,Agenda by Mayor Kennedy - Begg Field Gravel:
Mayor Kennedy stated that as Mike Baker had stated earlier, they had some
gravel donated by the county to put down in the parking area at the new
field at Begg Park. It was not small enough gravel with big rocks in it.
He then contacted Doug Wise and he donated the gravel. There is a lot of
mud in the field at present. He stated that some of the council had
indicated the city should not spend any more money down there. He felt
it was 95% finished and it would be a shame not to finish the parking area.
He asked the county if they would be interested in furnishing paving for
that area. They put it on their agenda for tomorrow a.m. In the mean-
time, theyhave to have gravel down there before they can pave it. The
gravel is free. They are now ready to put the gravel down there and it
will necessitate the use of the city trucks to haul the gravel and a loader
and grader. He stated that he personally felt they should go ahead and
do this so it will be playable as the first game is next Sunday. The
homes to the West are complaing about dust. Chairman Furlong said there
will not be any dust problem for awhile, and noted it will be dustier if
you gravel. The Mayor stated he wished city approval to use the trucks
to do it. Chairman Furlong said there will be an impact on the budget,
cost of equipment and personnel. The Mayor stated he looked at it this
way, if there was a need at one of the city parks the city would do it.
It is just another one of the city parks they are trying to make nicer for
people.
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Chairman Furlong said he understood what the Mayor was saying and was
• not necessarily opposed to what the Mayor was saying. There are members
on the council that are opposed to this. The city has spent a lot of
money down there and he disagreed with the 95% it was more like 55/45%.
Chairman Furlong's understanding was that there might not even be an
infield, and asked the Mayor is the problem solved with the disease
in the grass yet? Mike Baker stated they will solve it if his depart-
ment is able to spend money.
Chairman Furlong said he did not feel this committee has the power to give the
go ahead to use city equipment and personnel.
The Mayor said he was just informing the council of what he was going to do
in the next two days. He felt since they have been offered the free gravel
they should do it. He did not know if he should make this administrative
decision or not.
Mike Baker said there will be about 8 or 9 inches of gravel layed and it
will be building a base for the parking lot. Mike said there is not complete
drainage at,present and when they lay the gravel they will lay it so they
will have good drainage (the grades were shot by Todd Sampson in Public
Works).
John Gunnerson said he is concerned that they are expending dollars and since
there have been other members of the council that are opposed to this he
is not comfortable with the go ahead. If the Mayor decides to do this
• he will do it. At present, there is one department that should be putting
some time lines together or there will be nothing done; there will be
a lot of dollars to utilize regarding street construction. This was his
own opinion.
Chairman Furlong said that if it came before the council he would support it,
but he felt the same as John Gunnerson, this is the wrong committee to
bring it before. This committee only has the power to recommend it to
the city council for action. He noted the Mayor is telling the committee
that this will be after the fact. In the Chairs opinion the only action
we can take is a recommendation, and that would be a moot issue.
John Gunnerson stated the„•city is utilizing dollars. Thosedollars have
to come from some place. Something will have to be eliminated because it
was not budgeted for. If there is something that can be cut out and these
dollarscan be utilized, then great.
Mike Baker stated if we are not spending money doing this the equipment
will be sitting down there doing nothing. That equipment is being shared
and if he got his own equipment for the Parks (dump trucks, etc) he would
not use it or be able to depreciate it, it should be used.
•
John Gunnerson stated they should be under street maintenance construction
right now and there is no reason for any of it not at least being started.
There is some crack sealing being done today.
Agenda Item No.4 - Airport Lease/Helicopter Lease:
Mayor Kennedy stated the history. Hank Galpin is selling his helicopter busi-
ness at the airport to Helicopter Services, in Utah. The sale is pending
at present. Some of the problems in the lease on page 6 were corrected by
Glen Neier and the page was replaced at the meeting.
If the city guaranteesin,zcovenant that they will operate this airport for
20 years, he did not feel that it was the city's responsibility to obligate
the City of Kalispell in case of 5 or 10 or 15 years they decide they do
not want to run the city airport anymore.
Chairman Furlong stated not considering the fact that they have $191,051.80
obligation at present and $34,000 of that is accrued interest, (this
Fund Status was presented to the Airport Committee dated May loth, 1988,
from Amy Robertson, city Accountant).
The Mayor suggested there be some wording so that the city is not locked
into the lease to where if they decide to quit operating the airport they
could.
Hangar leases were discussed and Glen Neier stated they run for private air-
craft, $200 to a maximum of $300.00 per year.
• The county charges 5C per square foot.
Chairman Furlong said he would like to add the airport lease to the next
meeting of May 17th. There are 4 or 5 hangars now under the old lease of
the association and the city.
The Mayor said they do not make much money on the leases but make money on
the gas tax on the airplanes that are stored in the hangars.
Chairman Furlong said he was not so concerned with that particular lease
as it is with the $191,051.80 debt in which they areregisteringwarrants
for right now, the interest is eating the city up. Over a third of the
debt right now is accrued interest.
Mayor Kennedy stated:
The Kalispell Airport Association has made deals with everyone who has a
Hangar and if they put any money into the asphalt for the taxi -way or runway
that they are allowed to deduct that amount they have spent from the lease
payments. Jay Billmayer's hangar agreement is that he did the engineering
for the runway and he does not pay rent for so many years. It all comes down
to zero money coming in from hangar leases. The bills are being sent right
now with the fees you see on the resolution and the city should be getting
some money in right away from that.
The mayor stated he wished to escalate the rent It per square foot every
• 2 or 3 years as the city is giving them a 20 year lease. There should be
an.escalating lease in some way to cover inflation, etc. He felt this should
be discussed at the next meeting.
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Chairman Furlong elt that $300.00 per year for a lease is ridiculous.
The mayor felt the same way, but said there would be no airplane hangars
down there is it is any more than that. Chairman Furlong stated it may
get to the point that the field is too expensive to have.
Chairman Furlong adjourned the meeting at 5:48 p.m.
(/Ressppectfully Submitted,
Neancy C1 g
Recording Secretary
Noel Furlong
Chairman
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