Loading...
08-17-88 Parks Comm Minutesi. 0 0 PARKS/PUBLIC LANDS/ANNEXATION/ZONING/AIRPORT MEETING OF AUGUST 17, 1988 COUNCIL MEMBERS PRESENT: Chairman Noel Furlong Roger Hopkins Jim Atkinson John Gunnerson OTHERS PRESENT: Glen Neier- City Attorney Ken Hammer- Director of Public Works, Andy Hyde -Water and Waste- water Superintendent. MEETING CALLED TO ORDER: The meeting was called to order at 4:00 p.m. with all members present. Chairman Furlong said without objection the chair would like to add to the agenda a No. 4 Golf Course Lease Update and No.5 Proposed Helicopter Lease, Airport by request of the Mayor. He asked if there were any additions or corrections to the agenda. AGENDA ITEM NO. 1 ANNEXATIONS: A) CITY OF KALISPELL - AIRPORT ROAD: Chairman Furlong said the city council moved at this committee's recommendation to annex the airport road property with a zoning change with the purpose of perhaps a chance of selling the property with an appraisal at $50,000. which replaced a previous appraisal of $170,000. Resolution No. 3797 was passed and as a result the procedure for processing this annexation has to be different under the law. Procedure was explained by Glen Neier and this will be on hold for the committee until sometime in September. B) HIGH PLAINS PIZZA, INC.: Chairman Furlong said the property is just north of the scoreboard and they want to build a pizza delivery station. This has gone through the City - County Planning Board and they have recommended the annexation of "Highland Plains Pizza, Inc. Woodland Park." One of the conditions recommended by the county is that they pay for the sewer main to the north end of their property. a paved parking lot. Howard Gamett representative of High Plains Pizza said there was also payment of a fire hydrant. He noted they are the Williams water and are not requesting a 1 • hookup to city water services and Mr. Gamett said they were concerned that they had to pay for the hydrant when with annexation -other people in the area will end up using the water. He said if there is a fire and the Fire Department is re-quiring this hydrant, everyone will benefit from this hydrant. Chairman Furlong read the 7 recommendations from the county. Mr. Gamett said there is some cloud on the title, his attorneys are working on the problem and until this is resolved he cannot do anything to the property. Mr. Greg Colvin, representative said they are not really against,the fire hydrant but feel the cost should be divided among the property owners that are being annexed into the city. Discussion followed regarding city policy for hookup costs with Andy Hyde informing the committee. Mr. Hyde suggested cost sharing is the most equitable way to handle the problem. The reimbursement could follow to the initial party upon annexation of others, i.e. a "Developers Extension Agreement." The city does not have this agreement with the Scoreboard as • yet, and it is not necessary because they cannot recoup any costs from others. Chairman Furlong asked about the Scoreboard withdrawing their application? Glen Neier said they never withdrew their application they asked for an extension. Glen Neier said they were to go to the county planning and there was a disagreement over the type of zoning they were supposed to have. This application is still in effect and will be scheduled for a future planning board meeting when all the details are worked out. David Greer county planner at this meeting and called items for the meeting. was not able to be present Chairman Furlong to explain MOTION: John Gunnerson moved the fire hydrant as it is beneficial to the entire area that anyone who will receive service from this hydrant should pay as they are annexed into the city or hook up, and that this item go back to the planning committee with a draft made up to have equal share among all parties concerned within this area. Jim Atkinson seconded. Chairman Furlong asked if the county planning board has the power to do this? He felt it was the committee's recommendation to the council to authorize the proper party to enter into some type of agreement K • on the fire hydrant. John Gunnerson said if the council were the only ones to make this recommendation -then this is fine, but there was a previous situation that did not go through the proper steps of the planning board and there were problems. Chairman Furlong asked Glen Neier if the council could put conditions on this? Glen Neier said it was his understanding that High Plains Pizza wanted to be annexed as soon as possible. He said the conditions can be fixed by the council that the Scoreboard pay half and High Plains Pizza pay half. Glen Neier said he would have research done by Monday to see what the Scoreboard's status is. However, High Plains Pizza will not be annexed this Monday, and the same conditions can be applied to both parties. There are no legal problems with this annexation except for the title and it is not High Plains Pizza's fault. This annexation can be tentatively approved, and in September the Scoreboard will be before the committee and if not, something else can be figured out. If the Scoreboard does come before the committee and the same • rules apply, the same condition can be attached to both and they can share the cost. Greg Colvin asked how muck, this is going to cost? Andy Hyde said the cost would be approximately $1.0,000 for a main and a fire hydrant. ROLL CALL VOTE: All committee members voted aye, motion passed. C) MINOR L. BOND, APPLEWAY DRIVE: Chairman Furlong explained the property on the map to the committee has a home and 5 rental units and has had a septic tank failure requiring city hookup. The sewer service is already there. They have requested annexation and already sent a $3,000. check to the city which is their sewer hookup fee, telling the city to go ahead. He stated the recommendation of the city -county planning board is that the property be annexed and assigned the zoning classification of RA-1 in accordance with the Kalispell Zoning Ordinance with no conditions. The owner of the property has already been hooked up and in operation. • MOTION: Jim Atkinson moved this committee recommend to the council to annex the Minor L. Bond, Appleway Drive property into the city. John Gunnerson seconded. 3 • ROLL CALL VOTE: All voted aye, motion passed. D) FLATHEAD COUNTY FAIRGROUND SHOP: Chairman Furlong said he attended a meeting with the FRDO Planning Board on August 15th and found that the council has to forward their intent to annex so this committee cannot act on this item. Glen Neier said he wrote the county a letter. Andy Hyde said the county shop building did not have water service. The county removed the old building and wanted to extend the service line that served that house with water over to the shop building. Before the city would serve that building with water they stated they had to apply for annexation and sign the waiver of right to protest, which is policy. This has been signed for by the shop building. They stated they would be willing to have all the property annexed. Ken Hammer said the county did not want to pay the $50. for public notices. MOTION: Jim Atkinson moved the committee recommend to the . city council to annex the portion of the county fairgrounds that has not been annexed to date. John Gunnerson seconded. Jim Atkinson asked.if the committee has received any written go ahead from county planning on this motion? Chairman Furlong said the city staff recommends it proceed under the provisions of the Montana Code and Annexation by petition, etc. with the city paying for the legal notice on the property. Glen Neier said FRDO has not given the city a report on this. Roger Hopkins said he was concerned as he has said before about any extra burden on the fire and police departments. ROLL CALL VOTE: All voted nay, motion denied. NEW MOTION: John Gunnerson moved that City -County Planning give the city a recommendation regarding the entire fairground area with police and fire coverage spelled out especially during the fair time and during other event times. Is the city going to be totally responsible for it? Jim Atkinson seconded. • ROLL CALL VOTE: All voted aye, motion passed. E) ANNEXATION OF 'ISLANDS': 4 • MOTION: Jim Atkinson moved the city request the City - County Planning Board pursue the annexation of the 'islands.' John Gunnerson seconded. ROLL CALL VOTE: All voted aye, motion passed. 2) LEGION BASEBALL LEASE: Chairman Furlong said this lease is brought before the committee to review the action taken by this group at the last meeting to see that the new language meets with the motions. After the wording is approved by this committee it will be recommended to the city council for their approval on September 6th. Chairman Furlong stated he had talked with Dan Johns and read his letter which read he would not be in attendance of this meeting. He understood the lease would be recommended to the council on September 6th and suggested questions or concerns could be answered at that time and hopefully be resolved. Roger Hopkins noted he agreed to get on with the voting with the assumption that they would go over this and • make some adjustments later; was that it? Chairman Furlong said they were in the negotiating session then. This is for informational purposes. Jim Atkinson said did this committee recommend this lease to city council for passage? Chairman Furlong said yes. He said Dan Johns wanted to go back and discuss some things with his board of directors including paying for water, etc. Chairman Furlong said he is in opposition of many things in this lease. John Gunnerson stated that Roger Hopkins and Noel Furlong were the only two present who voted in favor of this at the meeting. Jim Atkinson said he left early. Roger Hopkins said at that meeting he sat down to the lease cold and as he read it seeing the impact of some of the things that were in it - Jim Atkinson said he felt the same way as he had to leave. Roger Hopkins said even at the September meeting he will not be able to vote in favor of it because he did not agree with it. John Gunnerson said they made a motion to take it to the council on the KGA three months ago and they never did. He felt this should not go before the council before it is discussed further. John Gunnerson said he has a real concern as to how they can sit down with Dan and this committee and discuss the problems. Dan Johns obviously has some concerns and • the committee has concerns - they have not been answered, so he does not know how the committee could have voted and said the committee approves of this lease document that neither of the parties have agreed upon to take to the city 5 • council for action. Chairman Furlong said the motions were discussed and motions were made with give and take on both sides. Roger Hopkins said he did not realize he was part of a negotiating committee when he saw it for the first time. He said they need to talk with Dan Johns again and take the lease to the council in good conscience. It is a waste of time to take this to the council in its present state. Jim Atkinson pointed out on page 11 of the minutes of the previous meeting 2nd paragraph noting Dan Johns wanted to confer with other members of the committee not here at this meeting with regard to changes in the lease and page 11 4th paragraph noting Roger Hopkins and Dan Johns not comfortable with the liability insurance and lease time, etc. They both felt the lease could still be still negotiated. Mike Baker said that in discussion with the Lakers it was his feeling that they will not accept the lease as it reads now. The water, power and sewer bills are not clear or acceptable to present to his board with their • budget (as these are additional costs); Mike was not sure what their reaction will be but felt they will be in opposition to quite a bit of this lease at the next council meeting. They will be there in full force to convey their concerns to the council. MOTION: John Gunnerson moved that the committee meet again with Dan Johns to re -negotiate the lease. Jim Atkinson seconded. Chairman Furlong will contact Dan Johns. ROLL CALL VOTE: All voted aye, motion passed. Jim Atkinson asked that when this is discussed with the Lakers that this be the only item on the agenda. Chairman Furlong said that he would call a meeting at Dan Johns convenience and if the board is not all present they will proceed. 3) PARKS UPDATE: Mike Baker said he would like to keep the committee informed each meeting to be able to answer questions if they are asked ,by the public or others. is Donations: Lawrence Park. The Sons of Norway contributed $300. for horse shoe pits. The Friends of Lawrence Park have donated $1,000. constructed 0 • and completed playground equipment and a border is to be finished soon around this equipment -this will hold the chips in. $500. was donated by Bolla Concrete for a concrete table and four benches, of which two were moved to the Sons of. Norway horse shoe pits, and two were placed along the river where a picnic site was developed on the rivers edge. In the last month the parks department has received $1,800. in donations for Lawrence Park. There is another donation in the mail from Televector Pacific, Ltd. for $100. for the park. }le told them he would look at picnic tables for Woodland Park. The Woodland Park pool will be closing August 27th. In June, July and August and to date it looks like $49,000. worth of revenue with 10 days left and looks like the pool will average $300 to $500. per day in that period, so in total the parks revenue for this time period will be over $50,000. for those three months. In comparison from last year, June brought in $15,000, and in July and August made $14,000, a total of $29,000 versus $50,000*. It does pay to market and that is what the program did. He said he met with a group, The Jazz Society who is • interested in putting together an amphitheatre donation of approximately $20,000 to $30,000 for Woodland Park. They had chosen Whitefish and he called them and met with them at Woodland Park. Things are looking good and they may be ready for a presentation to the Parks Committee at the next meeting with plans, etc. They are looking at a capacity of about 500 to 1,000 people. It is not definite yet but will know soon. The parks department has been doing mowing at the airport and have contacted the county to do some weed spraying and they will spray in the fall. The neighbors have complained about the Canadian thistle and knapweed. It costs about $400. per application. Amy informed him there is money budgeted but there is no money in the account. He needs to know whether to continue to do maintenance or hold the work until money is put into the account. Chairman Furlong interjected the Mayor has written to all of the fixed based operators that all bills are due. He noted to Mike to follow the lead of the Mayor as far as any further expenditures. He wanted to approach some farmers this winter to do the haying for the city. At other airports around the country they lease out the farming of it and they can sell the hay • from it. Chairman Furlong liked the idea of the farming as it might produce some revenue for the city. 7 • It was decided to hold off as long as possible to spray and if it can be done this spring the budget problem should be resolved by then. A) WOODLAND PARK: Mike Baker said there is a problem at Woodland Park. The water system is two fold, city water and artesian well. The well system at present is down and it could be a number of reasons. The low aquifer, the old pump, it was put in 1972 or 1973 from the water department when it was 20 years old, and approximately 37 years old now. He has talked with Liberty Drilling and Davis Machinery. He will meet one more time with them and Carver Engineering tomorrow morning. The pump is an inefficient one and it handles a lot of volume of water. He needs to pull it out of the ground to find out the problem. To pull the pump will cost from $500 to $1,000. They will try to get water to the surface tomorrow, and he was told as long as it is running to use it. You are not out anything if it burns up. They want to try to get water to the surface. Replacement parts are probably not available and to have it remanufactured is more than the cost of a new pump. To rebuild it would be around $5,000 to $6,000. A new pump would be $4,000 to $4,500. The pump is located in the • bird aviary. This well system services the entire south end of the park and services the lagoon. The artesian well flows about 10 months out of the year naturally and the rest of the time we pump the water to the surface to irrigate. The lagoon is dangerously low and the ecosystem between the fish, birds, etc, is in danger. The rose and formal garden is also on this irrigation. Today he ran service hoses by the swimming pool to water these areas as they have been without water since Friday. After he pulls the pump he will bring the information back to the committee. One of the problems with the lagoon is when the water becomes stagnant poisonous algae blooms and they could be botulism to the waterfall, with all kind of undesirable situations developing. Chairman Furlong said the funding could be received from the water department as it was given to parks from them and he recommended this to the water department. He recommended this well added to the city's water system and either a borrowing of funds or a grant of funds from the water enter- prise fund. The amount will be either on loan until the council can find the money or it would come out of the city water system fund. • He felt the botulism presents an emergency situation and the city is obligated to protect the public. Mike Baker said he will find out tomorrow how immediately 2 0 necessary it is to get a flow of water into the lagoon. Mike Baker had a problem with transferring the well to the city then the parks department would be assessed an irri- gation fee. Currently, Woodland Park is not assessed an irrigation fee, making the water free at that end of the system. There is also an area in Woodland Park which is not irrigated and it is burned up, in the center portion where the playground area is. The irrigation line needs to be extended. They can do this work themselves, but the plan was to adapt this to the well system. The irrigation bill for Griffin field which is probably 1/10th the size of the irrigated turf in Woodland Park for the month of July was $265.00 roughly. This field gets watered a little bit more, so that it is not a fair comparison and the only one metered at present. The grass will come back with watering. 4) GOLF COURSE LEASE UPDATE: Chairman Furlong reported they met with the golf course and their attorney, Marshall Murray, the president and general manager, Mr. Cook with regard to the lease dated 8-2-88. The city has prepared a tentative final draft and a motion made to present it to the council Monday • night and send a copy to the golf association. The committee is comprised of the Mayor, Jim Atkinson and Noel Furlong. This should be the final draft for council action Monday night unless something comes up that is not anticipated. 5) PROPOSED HELICOPTER LEASE FOR THE AIRPORT: Chairman Furlong said gave the past history of the airport, all of which is in the minutes of the last meeting. Mr. Mendenhall who has purchased the helicopter service has no problem with the current price and lease but needs to go to the banker with a lease to serve as collateral for the loan he wishes to take out. The mayor asked that the helicopter lease be approved at this meeting considering the circumstances. Glen Neier explained the lease which follows the other hangar leases in form basically at the rate of 5-1/4 cents more. The difference from the other leases and this one is the helicopter service is required to have one million dollars in liability insurance and $100,000. in property insurance to operate this particular business. An additional item that is in this lease is that the tenant is responsible to pay the city reasonable assessments made against all • users of the Kalispell City airport including tie down fees, f.b.o. fees and gasoline fees. These are the major changes and this is a 20 year lease. It will provide the city with about $300. per year in lease payments plus • • whatever other fees f.b.o., etc. This particular service does not really need the airport to be in operation to use his helicopter. Roger Hopkins asked if research was done on what other airports were charging as was stated at the last meeting? Glen Neier said he had not, but Chairman Furlong said he and the Mayor had. Glen Neier said it may be a little cheaper by a penny per square foot less. The other leases are non-commercial leases. MOTION: Jim Atkinson moved that the committee recommend the Helicopter lease for passage to the city council to be voted upon at the Monday night meeting. Roger Hopkins seconded. Roger Hopkins asked what would happen in the course of re-evaluation of the financial status of the airport,if we decide to go back and review all of the leases? Glen Neier said under all of these leases there is an option if the city decided it could no longer operate the airport, or the federal government said, etc.- there is a provision that gives the city the option of termina- ting this lease and at that point they can either sell the property to the person who owns the hangar together with some property around it or buy the improvements on the property. ROLL CALL VOTE: All voted aye, motion passed. Chairman Furlong adjourned the meeting at 6:07 p.m. Respectfully Submitted, Nancy C1469 Recording Secretary Noel Furlong Chairman 10 I • John "Ed" Kennedy, Jr. Mayor a'IIIriijlj lapijljw�lll� y� CITY OF lC is /1�0 e// PARKS, PUBLIC LANDS, ANNEXATION, ZONING, AIRPORT MEETING OF 17 AUGUST 1988 AT 4:00 P.M. IN CONFERENCE ROOM A G E N D A 1) ANNEXATIONS: A) CITY OF KALISPELL, AIRPORT ROAD B) HIGH PLAINS PIZZA, INC., WOODLAND PARK DR. C) MINOR L. BOND, APPLEWAY DRIVE D) FLATHEAD COUNTY FAIRGROUND SHOP E) ANNEXATION OF 'ISLANDS' 2) LEGION BASEBALL LEASE REVIEW 3) PARKS UPDATE 11 Drawer 1997 Kalispell, Montana 59903-1997 .. �nr�r/rair ((u/� ••