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HomeMy WebLinkAbout2017-01-24 Council Minutes - Work SessionKENAI CITY COUNCIL JOINT WORK SESSION LAWTON ACRES JANUARY 24, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR GABRIEL, PRESIDING NOTES Council present: R. Molloy, M. Boyle, B. Gabriel, H. Knackstedt, T. Navarre, G. Pettey, J. Glendening, Others present: City Manager P. Ostrander, City Clerk S. Modigh, City Attorney Bloom Mayor Gabriel began the work session at approximately 6:00 p.m. advising the work session was called to discuss offers to purchase a portion of property and other options for property located at 10095 Kenai Spur Highway, Kenai, KPB Parcel No. 04501003. Mayor Gabriel requested that an additional public comment be added to the end of the agenda. City Attorney Bloom provided a brief summary of the zoning and development history of "Lawton Acres ", a 16.49 acre parcel fronting the Spur Highway and Lawton Drive. Council Member Navarre inquired whether we could retain the property as City property as it's Airport Land. It was noted that there was a clause in the deed acknowledging that the federal government may take the land under certain circumstances, for example if the City does something to devalue the property for the Airport. As long as it remains for sale or the City uses it for improvements, the clause would not be triggered. City Attorney Bloom advised the property was last appraised when the City appraised all its land and that a new appraisal would be necessary for the rezone or the sale of said property. It was noted that the Airport Master Plan was requesting guidance on this property. City Manager Ostrander advised that negotiated sales on City property were bad public policy unless there would be a large benefit to the City. Ostrander further advised that he would like to see, if the City was selling land, it be open to a public process. Ostrander recommended the City complete an analysis of all City land and decide which land was needed to keep for a public purpose and which could be surplused or sold, identify demand and a competitive public process for future sales. Bloom advised that if the City were to subdivide and rezone, the City would run the risk of spot rezoning which would need to be done through the rezone of the Comprehensive Plan as the Plan currently has it zoned as conservation. Councilor Molloy noted that there has been a large amount of public comment in the past to keep the parcel as a buffer and /or a green space and noted his curiosity as to what would trigger the clause in the deed to revert the property. Bloom advised that a residential zone did not require a site plan, but was required to meet setbacks. Mayor Gabriel opened public comment: Dr. Sorhus advised that he was seeking to purchase four acres of the parcel to build a dental office; advised he was not looking for your typical commercial facility, but more of a cottage in KENAI CITY COUNCIL WORK SESSION JANUARY 24, 2017 PAGE 2 the woods environment. Sorhus was willing to move the entrance road to Rodgers Road versus Lawton, if the residents would prefer. Sorhus expressed his desire to create a nice development for the City and noted that it was not his intent to create a contentious situation within the community. Sorhus further advised that anti commercial stance and opposition to flashy or illuminated signage. Dale Daniels spoke in opposition on behalf of several residents that were in attendance, however, read a letter in opposition, provided as part of the record, in his own words. Roy Wells expressed his discontent of this topic continuing to come up and wanted to see compromise. Wells preferred to have Dr. Sohrus's facility over other interested parties and reminded Council that all the residents wanted to ensure was some type of buffering. Glenda Feekan requested that this offer be considered carefully and reminded that the Airport is self- funding and thought this offer was a good compromise. Mike Beck advised that his letter provided in the record was not meant to be snarky and noted that emotions get high and that the residents needed a resolution; wished Dr. Sorhus the best. Mayor Gabriel closed public comment. Councilor Pettey reminded all that a private citizen could purchase and donate this property to the City to save the land. Council Member Glendening noted this is a valuable property in many ways and would like to see what type of compromise could be made. Council Member Navarre advised that he had heard new information at this meeting liked the City Managers comments, thought it would provide a known development and impact which could meet the need for a negotiated sell. Navarre further spoke in favor or moving forward and noted that this offer represents minimal development. Councilor Molloy thanked all in attendance and spoke in favor of the City Managers recommendation of a proposed analysis of City owned property. Molloy noted that he was open to other options like looking into the General Fund or by having the community step in and purchase the property; spoke in favor of a vote of the residents. Councilor Knackstedt stated that something eventually would happen to that area in the future and didn't think the residents would be able to afford the parcel nor did he believe the residents vote for the City to spend General Funds for the parcel; spoke in favor of this proposal and then to move forward with the City Managers recommendation; thought this was a good compromise. Councilor Pettey noted that there were many variables and moving parts with high emotions related to this property sale; consideration of the Council, being stewards financially of the City, needs to continue to focus on revenues; spoke in favor of the City Managers recommendation as well as the opportunity the offer is providing. Councilor Boyle noted that he appreciated the proposal, but would need something more significant for him to consider this proposal; spoke in opposition of selling City property; stated we should be looking at quality of life for residents. KENAI CITY COUNCIL WORK SESSION JANUARY 24, 2017 PAGE 3 Dr. Sorhus advised that this was not time sensitive and that there wouldn't be any sub rentals or other businesses in his facility. Mayor Gabriel noted that he appreciated Ostrander's recommendation and spoke in favor of the proposal to satisfy the neighborhoods apprehension and a good compromise. Bloom advised that there could be conditions placed the sale or initial lease to meet specific requirements; recommended this be placed on the agenda as a discussion item to allow Council to digest all of the information that was provided at the work session. City Attorney Bloom advised that he and City Manager Ostrander would provide additional information and options for Council to consider at an upcoming meeting. Mayor Gabriel opened the floor for additional public comment: Dr. Sorhus stated that there would not be a more suitable establishment proposed in that area; didn't mind if it remained conservation with a special use permit; offered to buy the lot and subdivide to donate to the City to use as a buffer as a compromise; stated that it's this lot or no purchase of a lot as he's happy where he is; noted that this was requested by clients to better serve his clients Dale Daniels noted that he was feeling better about the proposal and Dr. Sorhus' ability to compromise; noted his concerns related to the subdivision and rezoning; inquired as to how the rest of the parcel would be preserved. The residents expressed concern relating to advanced notification regarding upcoming action at a Council meeting, whereby Council advised that they could request more notification. Mr. Beck thanked Dr. Sorhus for his offers to accommodate the neighboring residents; further spoke in opposition of the community not being interested paying out of the General Fund. Diane Fikes requested fiscal responsibility to meet the needs of the Airport as well as the needs for the buffer; spoke in favor of the offer and the amendments to meet the needs of the community. Ray Wells reiterated the need to move on and how the compromise is a stretch in the right direction; appreciated the newer approach; wanted to see it remain as conservation with a permit. Council thanked all that attended and participated in the meeting and agreed that a laundry list of new information was brought forward. The work session adjourned at 8:50 p.m.