HomeMy WebLinkAbout1986-02-05 Council MinutesP -
J:..
2-5-86
VERBATIM TRANSLATION-"Atf-
Mayor Wagoners Councilwoman Nonfat?
Councilwoman Monfort I asked for reconsideration of this .....
Mayor Wagonert Excuse me, but I believe that reconsideration at
this time takes a motion.
Councilwoman Monfor's I would move to reconsider the vote of
1-22.
Mayor Wagoners Second?
Councilman Measles: Second.
Mayor Wagoner: Clerk, please cell the roll.
Clerks Wagoner? No. Ackerly? Yes. Bailie? No. Measles?
Yee. Nonfat? Yee. Wise? Yes. Four yes and two no.
Mayor Wagoner: You now have back before you then the
reconsideration on land release request by Don Asse. (To City
Attorneyy -- the only thing it was in the first place wee a
discuseion, so basically what we have back before us Is
discussion plus the motion that directed you to draw up the
paperwork. City Attorney --I can take it from here.)
City Attorney: Pursuant to the directive given by the Council, I
have in the packet the clause I woe directed to draft. You will
notice that that is Exhibit A here, paragraph 14 is underlined.
The previous paragraph 14 is in all caps and bracketed, which
means it is being deleted. The underlined being the addition
after our last Council meeting. Also, before I forget# for
put sees of the record, I would like the record to include the
verbatim that Council haw in front bf them from 1-22-869
pertinent to this matter, also a copy of the anyopsis prepared by
the land manager, starting on August 161,-1965 running through a
chronology of thie particular attempted acquisition and lease
which also includes a,eite plan attached.to it, a Setter from Mr.
Aase dated November 25, 19859 a letter of December 319 1985 from
Mr. Aase and Exhibit E, a letter of opinion, I believe, based on
a review of an appraisal from Bob Sheafsme dated December 199
1965. Also I would like the record to include a letter from Mr.
Aase's-attorney, C.R. Baldwin, dated February 4, 1986 with a
notation -on it that it wee hand carried and received at 5s55 p.m.
and 1 should, for clarification state that it was on that date,
February 4, and attached to that letter was an Exhibit consisting
VERBATIM OF 2-5-86 COUNCIL MEETING
FACE 1
i.
Ma'
o..
:.lid...
. .... - ...
r �.
r
"
P
of Section 36, Robert's Rules of Order. So the record will be
com late in this particular matter. I await the Council's
instructions.
Mayor Wagoners Councilwoman Monfor?
Councilwoman Monfort I brought this up for reconsideration I
°: +
think for two main purposes, one, I really did not like the way
I don't feel comfortable
it was handled at the last meeting.
when something is brought to us wiehdon'tnhavectime
we discuss it back and forth and w tepeotwisidernd
It at length. I felt that that's what happened last week. The
issue was to me confusing at best and I never did feel real
comfortable with the outcome even though we had instructed the
,
attorney to put a clause in about site plans to the planning and
zoning commission. I have absolutely no problem with the fact
that he is building a motel and we release that lot to him at
the fact that
all. My problem is with the remaining lots, and
done amount of work. I
Mr. Aase stated that he had considerable
know he has on lot 79 but a lot of other people have just cleared
land and left it. To me that is a problem. I see it becoming
more of a problem in Kenei, the lands being leveed, cleared and
':4. n•
sitting. That bothered me, the fact of how it was handled
a
bothered me, and the fact that even though we have this clause
there is nothing to say that Mr. Aase cannot sell off those lots
and somebody else can come and do whatever they will. I think
�.. ;. .._
I really concur with Councilwoman Bailie that we have some sortof
a building ordinance being drawn up and I notice that the
I
_
attorney has put something into our packet this time for it.
may vote the some. If I had had longer time to look at this and
any different
think it tterouggh, I probably would not have voted
then I did et the last meeting, but I did not like the way it was
handled. I also read in the Clarion this week that Mr. Aase said
,':....> :...-
that he'd take hie money and build somewhere else. That's his
:.
preogetive. I'd hate to think he wants to leave Kenei, but I
-
don't like to feel like we're being threatened either. Since the
time I asked for reconsideration, I oleo have been informed that
we are going to have a meeting with Mr. Cunningham from FAA and
that was also another concern of mine, wee haw this sale would
- _ :..t -. _ _:,._ .. •.
effect our relationship with FAAt which et the time is not real
strong. That's some of my feelings.
Mayor Wagonert I would say before we go any further at this
front
°` �:' :t!;F-j .
point time to get
nposit
A
reconsideratioTheivotenwasaffirmative.MeThen
dealwiththis .
chair would entertain a motion to amend the motion and intent of
Council last week to deal more specifically with whet de have in
'.``_J�::-
front of us et this time. I would say that would be as quick a
way to get the thing in front of us and concluded as any would.:
,A,..;A
VERBATIM OF 2-5-86 COUNCIL MEETING
PAGE Z
City Attorneys I would suggest that if what is before you is n?t
satisfactory, that you instruct me to proceed along the lines or
what you feel you do want and have me bring it back to you for
your approval. What I did now# as a result of the last meeting
was try to draft something along the lines of the motion made by
Councilman Measles, and I forget who seconded it. If you'll
notice in the transcript, and its 21 pages and I realize that.
The motion I think starts on about page 15 and takes meet of the
remainder of the transcript to finalize. There were numerous
amendments and eugVestions to it. I have mine highlighted and
highlighting doean t carry through on the xerox machine. The
motion started, se'I said on page 15, Councilman Measles was
speaking just before the Mayor's lest comment and continues on to
the middle of page 16 where I made a suggestion and on page 17
it'e contained both at the top partial paragraph and there is
more as to it insofar as discussion with Mr. Aaee and between he
and myself on 17 toward the bottom of the page it is addressed
again. That's all I have highlighted.
ENO OF FIRST TAPE -- rest inaudible.
Cityy Attorneys ...ask you to direct me and I'll ... (inaudible)
des roe now if in fact they are going to differ from what you
have here.
Mayor Wagoners What is the pleasure of Council? I'm going to
open this up for public hearing in a moment. I'd like to be able
to state whet we are having public hearing on. I guess it's the
whole situation carried over from last meeting. Is there anyone
in the public wishing to be heard at this time?
Rick Baldwin: I represent Don Aose. You have my letter in your
packet and that notes our objection to yo,ir even considering this
business at this point. I think that clearly you are in
violation of your own rules by what you are doing here. You
haven't even attempted to suspend the rules to try and justify
why this is not a situation considerin a contract. I just went
to go on record as reiterating that ob�ection to you.
Considering this business when it appears to be in violation of
Roberts Rules-. The second item, just as an informational item.
I understand that you have before you some additional contract
languagge which you propose to review tonight and I would
appreolata it if at least Mr. Aaee had a chance to see what you
are attempting to do to the contract. It could be that it's
perfectly acceptable to him but without having that language
before us too are at a lose to be able to respond to the business
at hand. That is the end of my statement and my question.
VERBATIM OF 2-5-86 COUNCIL MEETING
PACE 3
L -
1
v
r
City Attorneys For the record, I take exception to the opinion
stated in Hr. Beldwin's letter regarding the Roberts Rules
insofar as his representation that a contract at this time
exists. That is s Metter I'm sure we will be fighting in another
forum at acme point.
Mayor Wagoners Mr: Owldwin, here's a coy of the information.
Is there anyone also in the audience wishes to be heard at this
time? Seeing none, brIP2 It back to Council. Discussion by
Council? TachnLeilman what
is before us is still the motion from
st
Councilman Wise: I'll just make a statement. I did not vote for
the motion at the lest meeting that supported...I felt that it
was poor public policy. However, I also feel it is poor public
policy to put into a limbo status the 14 days that occurred,
ilhen we do something I think we ought to live up to it. I really
re rat that we appear to be so flexible that we change our minde
wi�h the changing of the tides. I really have....l could have
lived with the agreement .... I would have been forced to live with
the agreement if no motion for reconsideration been made, even
though I disagreed with it. While I thought it was a bad motion
and bad action, I think equally as bad is putting the City's
reputation on the line and delaying and stressing anyone who is
trying to develop. I think that what we are saying is that no
rules ere forever in the City of Kenai. No decisions that the
Council has made are for sure. I only voted for the
reconsideration simply since the delay has already occurred. I
am really torn over the situation. I disagree with the original
motion, I didn't agree with the reconsideration, I don't know
what should be done. I think we have made serious mistakes.
He or Wagoners Further discussion by Council? Councilwoman
80 lie?
Councilwoman Bailias I don't agree with what Councilman Muse
said. I think that the 7 of us that are sitting up here now are
charged with making decisions that very defin•itelq effect what
happens in the City of Kenai and I think that if for any reason
any one of us do not feel comfortable at all with the decision we
have made and we have at our disposal the process of
reconsideration, then we should st least use it. Air any
concerns that we might have and go on with that. I think to not
do that and to later on find out that we made the wrong decisions
that's wrong. This wasn't an easy decision for any of us. TO
this moment, I guess I'm not really clear on exactly Is right or
wrong. However, I feel that these lends are ours to dispose of.
I think that in the last year to 16 months things have turned
Itound a bit from what we thought wee going to happen. I would
ke to think that Mr. Asse is going to go shead with his pproject
and I wish him every lkIn doinLt. For the affirmative forthat reason# the disposaltoftIs
the
why i will still vote in
VERBATIM'OF 8-5-66 COUNCIL MEETING
PACE 4
r
MIT ;.
7-7
.•u' y,' - _.
�
- :� e. .fit
-
_
_
•
dr.
1
lend. Certainly, Ip like Councilwoman Monfor, don't want to see
to se6.'>nE•.
It 1 in fallow there and nothing happening. I d like
That ie just
development going on an all of our properties.
have to hope will happen. I'm putting my money
something we will
on Mr. Asse.._
APPLAUSE FROM AUDIENCE.
Mayor Wagoners Further discussion by Council? Just one
statement I think the information on 14 we requested the
attorney to see if he couldn't word that some way so that
if Mr. Agee
43'
Councilwoman Monfor's concern would be addressed that
did receive title to the property and elected to sell it to
someone else, that in facts you are basically talking about e
-
covenant to go along with the land that it come before Planning
-.,,•'.. •al 1.
and Zoning for a review and I think that is being considered to
= ,.
be done.
o. --o
City Attorney: If the Council goes with the language that I have
I try to make
here, I think it should be understood that will
'`.-
that covenant run as well as the actual language within the
•a.
contract. There is nothing specifically in th s that binds
subsequent owners. To the extent that. I can, I think that was
it
-
the intent of the Council last time9 in fact I know was
,'.
because it was in the transcript and I neglected to get that
language only to
la��gue a in this so I will be adding some other
g
make it run here. This has to do specifically with the site
:
plan, it doesn't go further then that.
-
Councilwoman Baines One other item, if in fact we are able to
get a site plan review ordinance through the City, even if Mr.
of and that
Rsee does choose to sell one of these pieces property
particular site plan ordinance is in effect, anyone who was to
purchase that property would have to come before Plannin and
development that they
Zoning or the Council with any type of
would have to put on that so I would hope that that would kind of
.:_..„
cover that aspect of it. I understand, for Council's information
that the lead coping review board is working on this issue and
hopefully it will come before Council.
-
City Attorneys I have in your packet, as an information item,
be flushed out considerably.
partial ordinance that has to
Councilwoman Bailie s Thank you.
Mayor Wagoners further discussion by Council? We are ready for
---- -- - -=-�
the Clerk to call the roll.
Rick Boldwins Mr. Mayor and Council I have had a chance to look
over the language that has been proposed and I find that it
to depart from the motion that was adopted in the last
appears
meeting in that it introduces a whole new text and a lot of
VERBATIM OF 2-9-86 COUNCIL MEETING
PAGE 5
..�{l.
o.. .c
D
c •
definitional material that was absent. Specifically, it appears
to require almost exact complianoo with any proposed site plan
upon failure or penalty of being able to receive an occupancy
permit. What happens It there has been a building built and
therw has been a departursl it's not quite ae large, the eevee
don't quite angle like they should, is Mr. Aese to rely upon the
good graces of the Council to grant him a waiver of that? I
don't know of too many bankers who would be crazy enough to loan
money where there was that much risk involved, where they would
have no conti.rol over the ability of the contractor to follow .
plans. The concern that arises is that you can have a completed
building and no occupancy. I don't think that Mr. Aase would
have agreed to that two weeks ego, he certainly doesn't agfee to
it now. An I can see from the transcript, it was agreed two
weeks ago that before he could get a partial release, he would
have to obtain approval of a site plan from the planning and
Zoning Commission and that doesn't seem to be unreasonable. But
to say absolutely no departure from the site plan, seems to
introduce a test which under general construction practices would
be rather foolish. it allows for no changes orders whatsoever,
and.how many projects have you ever had where there were no
change orders. I'll say on ter. Asse's behalf that he can't live
with that.
City Attorneys If the Council wants to go with merely 9 Bite
plan and no ties between that and an occupancy permit, I would
say that that is going to be substantially lose burdensome of
courae,•to Mr. Aese. The site plan is drafted and there Is to be
e variance I assuse.the variance would be requested in advance of
the etructure.beingg built or that portion that is being built.
If you do not tie it to an occupancy permit, I would submit, not
partioularly 16 this case, but in a hypothetical case one would
get approval of the -site plan, commence building something
entirely different and you would have much less -respective
control over what it is that's going to be built, if in fact you
went to maintain that sort of control.
Mayor Wagoners I read this two or three times and I don't get
the impression from it that you did that if the save we six
inches shorter than -was originally planned -that that would be a
drastic departure and to me it was-prbtty well defined in there
about the last five sentences that•departure shall be deemed
material if it deports from'the strict and literal performance
but shall not be deemed material:..(inaudible) minor technical
omissions in terms of substantial completion. That kind of.
spells out to me that there isn't going to be any knitgirking
going.on by our building inspector or anybody also. That's my
interpretation of it. Everyone can make there own
interpretation, I guess. Councilman Measles?
VERBATIM -OF 2-5-86 COUNCIL MEETING
PAGE 6
•t y-
—
11"
n
u
f
.�... i-tea.. -• _..__ir...����,�__1..�__ - _ _ ..
r.
± ^
i
r
y
Councilman Measles Site plan doesn'! normally include a
design so the alto plan that's eppcoved
detailed architectural
doesn't have all of those details in it that you are talking
:o
-
about Rick. It's a rough design that outlines the type of
- -�
building materials that'e going to be used approximate size of
o Of
the lot'this typsite
--•.'
the buildings location of the building on
thing. What we are talking about is if you come in
plan that says I'm going to put up a brick building and you put
up a quoneet hut$ that is a material discrepancy. We would not
for that. The site that normally
:.
issue an occupancy permit plane
come in and are approved by P & Z are not detailed enou h for
something like a six inch save or it's SO' wide ineteadgof 521or
something like that. They're not detailed enough for that to
.. :.. _.. , ...,_:_1
_........
even come into this.
o
Rick Baldwine I guess it's unfortunate that we don't have site
plan really defined in here so that we know if it's a rough
schematic. A rough schematic could perhaps be lived with. As
- �, -.. -
for as Mr. Aese agreeing to any additional terms at this point
you had a contract with him last weekp or last meeting.
City Attorney: for the record, I'm going to take exception to
your statements and it will be a continuing objection so I won't
have to interrupt your again. I take exception to your;.q
terminology that we had a contract.
Mayor Wagoners I think we can argue about the contract all night
and I don't think either aide of the issue is going to say yeo or
-L- -r..=•
no to that. I'd like to ask the Council how they feel about
this.
Councilman Measles: A question as far as what constitutes a site
plan, I think that that is covered somewhere else and doesn't
need to be repeated in these documents. Under P & Z or the code--•,_
there are certain specifics that have to be incorporated into the
site plan to get approved by P & Z.
Mayor Wagoner: I think it specifically says "shall include"...
included in the site
_
In the site plan and then it lays out what's
plan. it isn't all that specific.
Rick• Baldwine If I could -respond one more time, I guess our
primary objection at this time is that this has been dropped on
to attempt to pick out this issue.
_.•-;,_-
us tonight with no time at all
This appears to be a requirement which I have never seen in any
other of the City documents or any literature that even refers to
relationships between cities and developers. I hate to see us
Inventing the wheel tonight because that invariably leads to
conflict and leads to problems. It seemed like your motion was.
fairly straight -forward meeting before last. At this point, Mr.
``T
Asse will not agree to anything beyond to whet h aireed to two
ago, We've already discussed that one. I a ems as shame
;4: '`••
weeks
VERBATIM Of 2-5•96 COUNCIL MEETING
PAGE 7:
• ;tip;
a<<-`
7.
,a
'
N
that the City is acting distrustful of Mr. Asee and then turns
around and says Mr. Aase trust us to not enforce this from an
arbitrary standpoint. I'm afraid it has to run both ways and it
saddens me to see this type of a relationship developing between
the City and the people that lease or purchase land from it
because we have seen this in years pest and it hasn't done anyone
any good.
Councilwoman Bailie: I'd like to respond just momentarily to
that, Mr. Baldwin. I think it's just the opposite. I think that
we've sat here tonight and Mr. Aase has said to us, please trust
me I am planning on doing a development. He has deviated
somewhat from the original site plan and he says trust me, I'm
going to do this, this and this. Now, we have been stung once
with, more than once, but we've really been stung badly by one
site pplan being presented and no variance being asked for and a
totslly different building being constructed then was on his site
pten. That is what has probably prompted this in additional
leases such as Mr. Assets. I think we are saying we do trust
what Mr. Aase is going to say, at the some time he's got to
understand that if we are going to have rules and regulations,
then we have to put things such as this in, and allow certain
latitudes, but at the some time we can't leave ourselves open to
things that have happened to us in the past. I think there has
to be trust on both sides. I think the affirmative vote that we
gave Mr. Aase last time showed that we were willing to trust him.
i feel that he needs to trust us.
Mayor Wagoner: I don't went to go back through the verbatim, Mr.
Baldwin, but it seems to me that what the Council directed the
administration to do, Mr. Aese was here, and I think we directed
them to draw up a sales agreement, eliminate 14 as it had been
presented and make a provisal for the review of any additional
changes or site plans or plans for buildings to be developed on
the property. 1 think that's basically what we did. I don't
know whether it's a matter of trust or not. I keep reading
through the lest paragraph, I would think once you take a
development plan before planning and Zoning and mutually is
agreed that that's what's going to be developed, I don't see
where there could be any problem, even with this wording here. I
don't see where there could be any problem on either side unless
we had a situation exactly as what happened at the bowling alley
and I don't think Mr. Asee plans to build a quoneet but over
there for a large development that he's talking about. He takes
a little more pride in whet he does than building a quoneet hut,
it's quite evident in what he's built in the past. I...maybe .
there is mistrust on both sides, I don't see it as mistrust
myself.
Rick Baldwin: I really can't respond beyond what I've already
said and that is that you've added a completely new element by
throwing in occupancy permits, throwing in departure meaning any
VERBATIM Of 2-9-86 COUNCIL MEETING
PAGE 8
..-0
departure from tho site plan will result in no occupancy being
granted if it departs from the strict and literal performance
required. Those types of words would scare any builder to death
because of the nature of building is that you are departing from
the strict and literal and you've got to not improvising, but
certainly making things fit as you go on. There may be room as
I've indicated n my letter to negotiate additional languagge. I
think that it's probably beyond that stage this evening. Mr.
Aase takes the position that he has a contract, he's willing to
attempt to try► and enforce that contract if need be, he would
prefer not he s a businessmen, he's not in the business of
litigating, especially in a city that he has spent many years and
lots of money. It seems unfortunate that we head in that
direction because the City's not in the business of litigating
with it's citizens either. He is willing to talk but he's not
willing to let this term be dictated to him and as he's indicated
to me, he can't live with this.
Mayor Wagoner: Further discussion by Council?
Councilwomen Monfor: Whether I would have brought this up for
reconsideration tonight or not, this language would have been in
the contract, because that is what we directed administration to
do, is that correct?
City Attorney: That is correct.
Councilwoman Monfor: So, whether Mr. A.ise deals with it tonight
or next week, he would have had to deal with it. Is that
correct?
City Attorneys Unless Council tells me to do otherwise, that's
the language. That language had been drafted and put in the
packet prior to receipt of Mr. Baldwin's letter dated the 5th. I
might also for the record indicate that the appraisal runs out on
this property on the 13th of this month.
Councilman Measles: We have essentially that some wording
involved in the landscaping ordinance where we can withhold a
certificate of occupancy because of failure to perform on
required landscaping. I don't have a problem with that because
when I look at the original site plan that Mr. Aase gave us on
the entire project, there is no wey that you could interpret
minor changes in construction from that site plan.
City Attorney: For the Council's edification, that site plan of
course, according to his oral representations last meeting is no
longer in force and effect.
VERBATIM OF 2-5-86 COUNCIL MEETING
PAGE 9
c ,• {I
c.
Councilman Measles: I don't have a problem with that. If that's_=
what's required of the site plan, there is no way the building
Inspector can go out there and create the problems that Mr.
Baldwin is talking about. I would not be willing to take that
a ....:.•
"
language out of the agreement.
Councilman Ackerlys I think it's time to vote. We've beat it
around and when we do vote we will be voting on lest weeks motion
__--
including this language here.
Mayor Wagoners I think it should be emended to include the
-
language if that's'what the Council wishes.
"
Rick Beldwins Rather then continue with his development and be
=-
as he understands it burdened with continual overeight and
_-
uncertainties about the Council mettlin in his development
g
affairs, Mr. Asse offers to purchase Iota 7 and 8 from the City
at the price that has been appraised and to give yyou the rest of
the land back. Mr. Aase has spent approximately s100,000
clearing that 7 scree, and will take a significant loss rather
than have the City hold up his plans by further regulatory
control by potential lawsuit that would spring forth from this
meeting which would keep him from being able to develop any of
his property. He is willing to take that lose provided he can
purchase late 7 and 8 at the appraised price.
Mayor Wagoners I understand whet you said, in other words he
doesn't want a request from Council that he just continue the
lease on the other two.
- -�
Rick Baldwin: No, he wants to purchase just the two lots.
."
Mayor Wagoner: And rescind the remainder? I just want some
=�
clarification.Rick
Baldwin: Baldwin: And rescind the remainder. He wants to walk away
from those lots and all the controls that they require. He wants
d:z:
to purchase 7 and 8 under the terms that have been discussed.
'n
Councilman Wises I would move to amend the motion on the floor
to in effect the language that Mr. Baldwin to cancel the lease of
lots 1-6, Baron Park 1 A and to execute a sale booed upon the
numbers provided for lots 7 and B.
Councilman Measles: Second.
---- - -- -
Rick Baldwin: That would be on the basis of $2.00 a square foots
that is a prorate footage on the entire parcel.
CL'
Mayor Wagoners I think we are getting into an area where the
Council needs to be very careful and so does the other party,
I don't think this Council be here in a
:.::•.•
because should sitting
VERBATIM OF 2.5-86 COUNCIL MEETING
PAGE 10
44
o• !
<
•
o
e
Council meeting negotiating with Mr. Asee and everything else. ---_
We understand whet the proposal is. I think what we need to do
is get something down specific and go ahead. �""' .•.,`.' .
Donald Asses The only thing I was trying to do...it seams to be
what has held up my project and I don't have any more time is the.
fect that there is so much acreage there. if somebody will
develop any better than i have, I will gledlyy be willing to turn
this loose, but I've spent $100,000 on Tote 1, 29 39 49 S and 6. -
I am willing to buy Iota 7 end'8 at the $2.00 a square foot and
forfeit the money I've spent on the other part of it, Rather
than go to court and have a hassle and you said you want to
negotiate it and I could care less about ever developing the
otter...
Mayor Wagoners I understand that Mr. Aase, ... c �__ ° .•
Donald Asses Otherwise it's not the Council it's the legal -
language that always gets written into these things. -:
Me or Wagoners I understand that, but all I'm trying
to do Is I
think the price that those lots were figured on is included in
Mr. Wise's motion, is it not?
Councilmen Wises As previously established in the lest meeting,
7 was $219,000 or very close to it. ;
Donald Aase: (inaudible from background) .... I'm not doing the =.
development in five lots like this at $2.00 a square foot, 1'11
buy lots 7 and 8. I am forfeiting $100,000 of the develoment -
doing it this way which brings that property to about $3.90 a
square foot. And hopefully some • • . ( inaudible ).
City Attorneys I would urge the Council to aeeept or solicit a
written proposal from Mr. Aase that would with some certainty
delineate both the lots and the prices, total dollar prices go .
paid, because -as I understand it that will bd substantially —
n"=
different from what we•heve before you in clause number 11 where
his own appraiser apportioned the appraisal along the various
late* .._
Mayor Wagoners Clerk, reed back the motion please.
Donald Asses Either way as I looked at the thing, taking the
money that I have spent on the other lots, it comes out within
$4,000 of being the came as the figure you have on those
according to the way the appraisal is. Taking the $969000 that I
spent on the other portion of the thing and subtracting it from - =-
the prices you have on these lots, it would come out exactly
within $49000.
Mayor Wagoners Will you read the motion beck please? ."11
VERBATIM OF 2•5.86 COUNCIL MEETING
---,::
PAGE 11==a
■ice
' •
V (h
� u .
... ... ._ - Z..
1 - J
r �
d
City Clerks Councilman Wise moved to amend to cancel the lease
on late 1.6 and to execute the seas on numbers provided on lots T
and S. My understanding was you are deleting on numbers
provided, Mr. Wise?:.
Councilman Wises I didn't hear that.
...f
City Clerks Just to delete the three words "on numbers
o _
provided"?
Councilman Wises The numbers that were provided to the Councilfor
the release at the last Council meeting. I think that 7 was
;
on the order of $219#000 and I have no idea what 8 was. I don't
have it in front of me.
.�.=
p
Rick Baldwin: That wasn't Mr. Asse's offer.
Councilman Wise: That was my motion.
-
City Attorneys I have another concern. We are sitting here
nagotiating a substantial parcel of land in the city of Kenai and
I am not prepared to thumb through the code back and forth at
this point at time to ascertain whether it is my opinion you are
empowered to do that insofar as splitting it off from the other<_:;y
parcels and selling a portion of this which we have an appraisal
_T
on and not selling the rest of the property without a new
appraisal. I'm not saying that one is required, but I'm saying
that what in effect you are doing could run into some problems
_
with the code as it presently exists. I would hate to see you
tie our hands to in fact do it. To accept a proposal from Mr.
Baldwin on behalf of Mr. Aase reflect to the coolness of our
" ..
office with both the code and the record as it exists rather
than take what could be percipitous action that would run ue-
afoul in other transactions in the future. I'm not sure that
everyone here understands what Mr. Assess proposal is. Certainly
it is not what is on the floor, so we can perhaps surmise that
whatever motion is passed here would not be acceptable to Mr.
Asee anyway.
Mayor Wagoners Let me add something, I'll throw another fly in
the ointment I'm real good at that. I think there's some
Mr. Rogers, Mr.
different opinions on the Council, myself and
Aase and maybe this will help clarify. if, going beck before
your counteroffer and everything sleep let's just go back to lots
1.8 as was originally discussed the other night. I think where
__ ___•-,
you're having the problem Mr. Asse is saying right now that you'.-
don't want any further restrictions on your development as is
titi
being started on lot 7, Right now, ou want to get on with that
if the Council said at this time
_
ppro ect. What would be the case
to it the record and
the the language in 14, just get off
everything ie omitted Prom lat T, because basically the site plan
VERBATIM 0f 2-5-06 COUNCIL MEETING
-
PAGE 12
-
-
�,lliiTT�•
..
-
VC
e
F
Is developed, the foundation is in, ete. eto., etc., allow you
to go ahead with the purchase of lot 7 a� thin time and 8 as
originally agreed last time and maybe Jesse 1-6 or whatever you
did with those. I think you're having a problem with being
underway with the development and then this language in there.
Donald Asset I'm having the problem with the land the City,
coming back in S years from now and e:yiny to one of my heirs
should something heppon to me, that we ve got a clause in have it
don't matter of tha! land ie paid off or not, we gof covenants in
here that you kids can't do nothing with it, should something
happen to me, you betchs. That'e where the problem is as far as
I'm concerned. if I can't have it so....I don't mind the clause
in there that I have to come before planning and zoning or like
this, up until that lend is paid for, anybody else that has to
come up before planning and zoning at that time when that land
In paid for the City, as I said the other night, the City should
be out of it, there should be no covenants like that and of
something happening to me in my life and it falling into my heirs
and like this, running into it later on. I haven't got a son or
daughter that has the drive to go ahead and develop land. I have
It but they don't. I don't care to purchase something that they
can't do anything with down the line either.
Rick Baldwin: Can I just make one more comment, then I'll shut
up. I think the Council's got a situation where it's trying to
have it's coke and set it too. It goes out and appraises this
lend and sells it at fair market value, fair market value being
defined as the highest price the willing buyer would pay to this
property developed to its highest and beat use. Then it comes'
right back around and wants to tie that buyers hands but here are
the uses that you can't have. Everything except what we tell you
you can have. You've just really diminished the value of that
property to anybody who thinks they can develop property better
than a planning end zoning commission or someone else. That's
Mr-. Aaie'a pproblem. He's given you a fair price. When you buy
somethng at a fair price, you ought to be entitled to use it the
same as any other private property owner. If you had a City-wide
ordinance that provided for an orderly submission of plans to
planning and zoning commission prior to building then he's being
treated just like everyone else. But you've singled him out as
an individual and you've told him, now we're going to sell you
this land at it's highest price and now we're going to tell you
what you can and can't do with it and what your buyers can and
can't do with it. That's his problem. That's a problem that me
a businessmen he's decided he can't live with.
Donald Asset in the lot 7 which we've came beck to, that plot I
don't think has even been filed yet. It isn't a lot or anything
like thie, it's 7 acres of ground the same as I talked to when I
talked to Brighton about this it was to be handled the same as
the Uptown was handled, now we get down to the lots. You >,
VERBATIM Of 2-3-66 COUNCIL MEETING
PACE 13
W
L,
- to
�rvnv,.µ•�-- _ .. ., • "I -___ � .. �.� c, tit
• v
v
al
9,
ii
i
don't have any lots yet. I haven't signed the plat yet and I
don't think it's been filed yet really. All the time when I told
Brighton that I'd give you $909000 of the development there on
the seven acres It that was a reasonable amount and it was at the
time when I started this project. But all of a...end I've put
over $3009000 up there and all of a sudden welts talking about
lots. I'm willing to give and if the land and if the Council
don't feel like I will develop the rest of it and like this, I'm
willing to give but I'm not willing to lose $1009000 on the part
that I have spent and if en body rented one of these D-8'e, say
nothing about 3-4 of them at a time and those bellydumps and like
this and they'll know that there's no question in the amount of
money that's been spent clearing that land
Mayor Wagoners We have the motion before us that Councilmen dies
made.
Councilmen Massless If in fact this seven acres has not been
replatted into these eight lots, we cannot sell a portion of it
without having it replotted anyway, and reappraised.
Mayor Wagoners The only other thing that would be acceptable to
Mr. Aare would be the original proposal as proposed with just 14
a & b, stopping after those two short paragraphs. Personally, I
think when the Council asked that when we put in "b", the City of
Kenai Planning and toning Commission approving the proposed site
plan that's about as far as we oak anybody else to ggo too. I
feel comfortable going back to that, but we've got to handle
Councilman Wiee's motion first. Was it seconded? I believe it
was.
Councilman Ackerlys I did.
Mayor Wagoners I think whet your talking about is there's a
paper plat on it but it hasn't been recorded at the Borough yet.
City Attorneys The City signed off on that plat, is that
correct?
Dana Gerstlauer: Yee.
City Attorney: Were you informed that it was headed over there.
Dana Gerstlauer: That was what your person told me.
City Attorneys Who told you that?
Dane Geratleuers Mike.
Donald Asses I had him take it directly over there.
City Attorney: To the Borough?
VERBATIM OF 2-5-86 COUNCIL MEETING
PAGE 14
Donald Asses No, to the surveyor, to McLane.
Mayor Wagoners Further discussion?
Unidentified voice: Can you read the motion?
Mayor Wagoner: Please read the motion back.
City Clerks Councilman Wise moved to amend to cancel the lease
on lots 1-6 and execute the sale on numbers provided to Council
for release at the lest Council meeting on lots 7 and B.
Councilman Wises question. Not calling for the question. Are
we now back to the point that there is no 7 and B?
City Attorneys I was under the impression that the plat had been
recorded.
Dana Gerstleuers I'll have to check with the surveyor, I don't
know.
Councilmen Wise: If there is no 7 and B, with consent of second
I'll withdrew my motion.
Mayor Wagoners 0K,.that motion has been withdrawn. We are back
to the original motion again.
Councilwoman Bailie: I'm not sure if Mr. Baldwin and Mr. Asse
heard Councilmen Measles, I think you were conferring with one
another back there, but even if we were to take this language out
that you say we've put in just specifically for you, in our
landscaping ordinance which effects any developer in the city
limits of Kenai, it is tied to the certificate of occupancy. IP
for any reason you do not go according to what they have spelled
out and it Is not done, then a certificate of occupancy can be
withhold or only a temporary one allowed until that is taken care
of. So it isn't as if we are trying to treat you differently then
anyone else.
Rick Baldwin: If you have an ordinance that already takes core
of the situation, why do you need this additional ianguage.
Councilwoman Bailies You probably have a point there. Maybe
ite...
Councilman Ackerly: Landscaping is one thing and a building is
another, as we've seen already and that's why it's in there.
Rick Beldwins The point is, you have singled out Mr. Asses,
VERBATIM OF 2-5-66 COUNCIL MEETING
PACE 15
F
Mayor Wagoners I think we're going to start into another
discussion clear off, but I would have to say in that case then
that's what we're doing is singling out a single individual
because there have been other people come before us that we've
not done that with. There -have been people come before us and
gotten a lease and after they drastically went sway from their
site plan we did bring enough pressure on them that they came
back with some method of compliance but not back to what the
original proposal was. So, yeah I'd say we would be singling
out,
Councilwoman Monfort In that case, I would move that we would
take out after, the loot paragraph that begins "And further,"
with the hope that the ordinance that Mr. Rogers is working on is
done as feet as possible so that nobody else will ever think that
they are singled out again and when they come to us we are going
to say ok, your're all equal and this ordinance Affects every one
of you that's going to build in the city of Kenai.
Mayor Wagoners I think that woe a motion.
Councilwoman Monfort It wea, without the part with the
ordinance...
Mayor Wagoner: Let me clarify, I think the motion was to take
out the port of Mr.•Rogers paragraph 14 that begins with "and
further, no occupancy permit shall be granted...", from there on,
delete that? Is there a second to the motion?
Councilman Measles: Second.
Mayor Wagoners Clarification. Basically the motion would be to
approve the documents to be drawn up for the parcel of property
that's concerned with that deleted. I think that's
clarification, at least that's what the motion means to me.
END OF TAPE SIDE 62.
TAPE SIDE 03
Councilwoman Monfort To be clear in my own mind, then we would
be right back to where we were before-, he would have the whole
parcel of land we wouldn't be getting any of it beck, we wouldn't
be negotiating.
City Attorneys If you'll refer back and see clause 11 provides
for partial releases a-h which represent lots 1-8 for designated
principal amounts and your action then would be basicallyy your
subst ntial improvements on the property, he's entitled to a
negotiated sale under those terms and partial releases would be
granted upon approval of site plans by P A Z.
-VERBATIM OF 2-5-66 COUNCIL MEETING
PAGE 16
-=
1
Mayor Wagoners further discussion? Clock cell the roll,
City Clerk: Wagoner? Yes
Ackerly? No
Sallie? Yee
Massive? Yes
Monfor? Yee
Wise? No
Four yes and two no.
VERBATIM Of 2-5-86 COUNCIL MEETING
PAGE 17
.
�' 1 +� /{�
- _
St - _ _
.. -
.-tom +tom. ''�.. ^r.Y.w.
•
� • �
- __ ._•� �... �1�.
.
..
_
61
U
L
�l►. /
_
s
AGENDA-,
4v`
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY S, 11996 - 7t0O PH
PLEDGE OF ALLEGIANCE17
A.
NOLL
CALL
1.
Agenda Approval
" v
2.
Consent Agenda
�.• �7
All items listed with an asterisk ( ) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these iteme unless a Council
member so requests, in which case the item will be
removed from the Consent Agenda and considered in Its
_
normal sequence on the agenda as part of the General
�; :,:.'•Q __`
a� -
Orders.
B.
PERSONS PRESENT SCHEDULED TO BE HEARD
(Time Limit - Ten Minutes Per Person)
•
- •f1
C.
PUBLIC HEARINGS
1.
Ordinance 1110-86 - Establish two new employee
classificatione.
2.
Ordinance 1111-86 - Establish special assessment fund
Dena'ins Point Estates and authorizing appropriation of
_ ---_- -�
$10106,000.
-'
3.
Ordinance 1112-86 - Finding City -owned lands not needed
for public purpose.
4.
Resolution 86-4 - Transfer or funds - Two new employee
_
classifications,.$80110.
_ .:; ._.,..;.:' _..;._4•
5.
Resolution 66-7 - Special assessment Robin,no
;.paving
S. Strawberry, Kensitze Court, Eagle Rook Road, Tern,
and Sandpiper.
6.
Resolution 66-8 - Continuation of Dena'ina Point
Estates assessment district
s. Substitute Resolution 86-6 - termination of
Dena'ins Point Estates assessment district.
7.
Resolution 86-9 - Award contract - Airport MayY widening
and landscaping to Wince, Corthell, Bryson - i22,9OS.
8.
Resolution 86-10 - Appoint Mayor Wagoner to Kenai River
Special Management Area Lands Committee.
- - .Y. •'" .�`;
M.
9.
Resolution 06 11 Transfer of funds - Library addition
"
Inspection contract amendment - $29000.
a. Request for contract amendment
10.
*Renewal of Liquor License - Little Ski No
11.
NRenswsl of Liquor License - Peninsula Oilers
- h
- - _
wl
-'
— c
.7_
. JAM •i1Y'i: �: �£7�n��.w.. _�...i +.�- .
D. MINUTES
1. *Regular Meeting, January 8p 1986
E. CORRESPONDENCE
1. *Governor Bill Sheffield - Borough Road Program
2. *Senator Mur4owski - Drug Problem in Alaska
F. OLD BUSINESS
1. Land release request by Donald Asse - reconsideration
of vote of 1-22-86
2. Discussion - Airport Insurance
G. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2, Requisitions Exceeding $19000
3. *Ordinance 1113-66 - Increase Rev/Appne - State library
grant.
4. *Ordinance 1115-86 - Increase Rev/Appne - State revenue
sharing for Women's Resource & Crisis Center
5. Discussion - Ordinance 1101-95 (failed 12-18-05) -
Amend KMC 22 - Requiring lessee of airport lands to
loses for two years before purchase.
6. Discussion - Charges for Forest Drive camper park.
7.
B. *Games of Chance and Skill - Elks Lodge 02425
9. *Games of Chance and Skill - Eagles Aux. 03525
10. *Games of Chance and Skill - AARP
!!. REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. City Clerk
S. Finance Director
6. Planning & Zoning
7. Harbor Commission
S. Recreation Commission
9, Library Commission
i. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
(Time Limit - Five Minutes Per Person)
A0300ANNENT
. •��-mil_. �,
W
r
KENAI CITY COUNCIL - Regular Meeting, Minutes
February 9, 1986 - 7sOO PM
Kenai City Hell
Mayor Tom Wagoner, Presiding
PLEDGE OF ALLEGIANCE
A. MLL CALL
Presents Tom Wagoner, Tom Ackerly, Sally Sallie, Ray Meselss, Chris
Monfor, John Wise
Absents Jese Hall (excused)
-- - - -- - - --- --r
I." Agenda Approval
a. Mayor Wagoner asked that item C-1 be tabled
✓'
_ .. ;':.irk
b. Mayor Wagoner asked that item C-Y be up for public hearing
after item C-6
c. Mayor Wagoner asked that item F-3 be added, Employee Claself-
ication Study Discussion
d. Mayor Wagoner asked that item G-11 be added, Sewer, Water, do
_ 4;
Roads to Swires School Site
e. Councilwomen Sallie asked that item C-p be tabled as it
relates to item C-1
Agenda approved by unanimous consent
2. Consent Agenda
MOTION:
Councilmen Measlee moved, seconded by Councilwoman Monfor for approval
_
of the consent agenda as submitted
VOTEs
Motion passed by unanimous consent
6. PERSONS PRESENT SMULEO TO BE HEARD
4.
Now
C. PUBLIC IEARINRS
--- -
1. Ordinance 1110-961 Establish Two New Employee Classification
- - - - -`-_
NOTION:
Councilman Measles moved, seconded by Councilwoman Monfor to adopt the
o"Anance
t=�r
MOTION TO TABLE,
-
Councilman Meaeles moved, seconded by Councilwomen Sallie to table the
ordinance
W
COUNCIL MINUTES
- '..-
Regular Nesting February S, l"fi
Page 1-
VOTE. NOTION TO TABLE:
rt =
Notion passed by unanimous consent
S. Ordinance 1112-661 Finding City -Owned Lands Not Needed for Public
Purpose-
- yn
NOTION:
Councilman Ackerly, moved, seconded by Councilmen Measles to adopt the
ordinance
---
No Public Comment
V_
Finance Director Brown reported that in some circumstances the owners
might be able to get their money back, they are checking in to this.
Cerstlauer that this will be
Administrative Assistant reported
advertised.''-
VOTE:
-[
Motion passed unanimously by roll call vote
-- .- =-=
4. Resolution 86-4t Transfer of Funds - Two New Employee Classifies-
_
tions, $8,110
City Manager Brighton explained, we are paying these individuals on a
temporary basis and we need to pass this resolution to continue Paying
r�
them.
NOTIONt
Councilman Ackerly moved, seconded by Councilman Measles to adopt the
_
resolution
No Public Comment
:•: ; _ _=;
VOTE t
Motion passed by unanimous consent
S. Resolution 86-7e Special Assessment - Paving Robin, S. Strawberry,
Kensitse Crt, Eagle Rock Rd, Torn, 8 Sandpiper
-- - s^-:4
MOTIONt
Councilman Ackerly moved, seconded by Councilman Measles to adopt the
Resolution
Public Comment
Stanley Carson, Kenai # Mr. Corson ow o property on Eagle Rock Drive,
he said he contacted the Clerk's office this date and was told this
===1
was voted darn. The people on Eagle Rock Dr. have needed the improve-
vents. for a long tide. They have much dust and bumpy roads bemuse of
the..tromrndous amunt of traffic. He asked that the people on Eagle
a
''�,�_ _'tom'-.. - r
i Y - I ..
'�•
...G-
` .^��
L. ..
b o .` V
•,
-
7
COUNCIL MINUTES
Regular Meeting February 5, 1"6
Page 3
Rook not be lumped with the other people. Councilman Wise requested
_. the_plat map identify as to where the petitioners are and their vote.
MOTION. TO TABLE
Councilman Wise moved, seconded by Councilwoman Bailie to suspend
action until later this ?v"Ing
YOTEa
Motion pseeed by unanimous consent
6. Resolution 86-81 Continuation of Dena'Ina Point Estates Assessment
District
a. Substitute Resolution 86-8a Termination of Dena'Ine Point
Estates Assessment District
MOTION:
Councilman Measles moved, seconded by Councilwoman Bailie to
adopt the resolution.
Public Comment
Dave grown, 116 Wooded Glen Crt. Kenai. He is one of the property
owners of Dena'Ine Point Estates. Over the past year they have been
looking into how they could development this lend and make it one of
the nicest subdivisions in Kenai and follow through with the intent of
the Council. It is a good design. A month ago he asked to have A-5
considered on a 35% LIO. The decision made was 16%. Looking at the
economics it wag close at 3%, at 1616 it would be too great a risk.
He would like to see this go through, but at this time he would ask
that the City Council hold off on development.
MOTION AMENDMENT$
Councilman Wise moved, seconded by Councilman Ackerly to amend to
substitute 6-A for 86-8.
There was no public comment
VOTE. AMENDMENT
Motion passed by unanimous consent
VOTE MAIN MOTION AS AMENDED$
Motion passed by unanimous consent
Z. Ordinance 1311-86a Establish Special Assessment Fund - Dena'Ina
Point Estates and Authorizing Appropriation of $191O69000
,� _-,�,�`,rl __
_ mossy . - � ' -_ ,,.,
, . v _ ..
� -- .{ t... ..man'- ;�;`•
r
u
"
V
.r'4-
F
COUNCIL MINUTES
Regular Meeting February S. 1986
Page 4
MOTION$
Councilman Vivo moved to adopt the ordinance
Motion died for look of second
7. Resolution 86-9e Award Contract - Airport Nay Widening 6
Landscaping to Wince, Corthell, Bryson - $22.905
MOTIONe
Councilman Ackerly moved, seconded by Councilwoman Monfor to adopt the
resolution
There was no public comment
VOTES
Motion passed by unanimous consent
6. Resolution 86-10$ Appoint Mayor Wagoner to Kenai River Special
Management Area Lands Committee
MOTION$
Councilmen Ackerly moved, seconded by Councilwoman Monfor to adopt the
resolution
There was no public comment
VOTE$
Motion passed by unanimous consent
9. Resolution 86-11$ Transfer of Funds - Library Addition Inspection
Contract Amendment - $2,000
MOTIONs
Councilmen Measles moved, seconded by Councilwoman Beilie to adopt the
resolution
There was no public comment
Attorney Rogers reported he agreed with Finance Director Brown's memo.
VOTE$
Failed unanimously by roil call vote
5. Resolution 86-7s Special Assessment - Paving Robin, S. Straw-
berry, Kensitze Crt, Eagle Rock Rd., Tern, 8 Sandpiper
Public Works Director Kornelis reported there were 5 no's and 10 yes'
on Eagle Rock Rd., Sandpiper wee no. Tern PT. was no, Kenait=e Crt-
COUNCI{ MINUTES
Regular Meeting February S, 1986
Page 9
was no.
NOTION:
Councilman Wise moved, seconded by Councilman Measles to bring 86-7
back from the table
VOTEt
Notion passed by unanimous consent
MOTIONt
Councilman Wise moved, seconded by Councilman Ackerly to delete all
roads in the proposal except Eagle Rock.
After a short recess, Public Works Director Kornelia reported Robin
was also no. lie added he would put an approach on the others to keep
the gravel off of Eagle Rock Rd. Councilman Wise suggested the people
on Tern be contacted as the vote was one no and two not answer. They
may reconsider. Public Works Director Kornelis reported it would be
early spring when they start construction on this. Mayor Wagoner
asked all the residents involved be notified by letter. Council
agreed to the proposal.
VOTE, NOTION AS AMENDED:
Notion passed by unanimous consent
10. Renewal of Liquor License - Little SkiNo
11. Renewal of Liquor License - Peninsula Oilers
Approved by Consent Agenda
0. NOTES
1. Regular Neeting, January 8, 1986
Approved by Consent Agenda
E. CORAESPOIDENCE
1. Governor Bill Sheffield - Borough Road Program
2. Senator Nurkowski - Drug Problem in Alaska
Approved by Consent Agenda
F. OLD BUSINESS
1. Land Release Request by Donald Asse - Reconsideration of Vote -
1/22/86
V
Ali
�`\ _. `•
U
.. - - - .. .. -
F� �lV �
. mil. - ; �`
-1
_ ....
„ 1} - -%� - an-_. _:
V.
� V
•
u
i
-COUNCIL MINUTES
Regular Meeting February 5, 1986
Page 6
MOTION TO RECONSIDERt
Councilwoman Monfor moved• seconded by Councilman Megeles to
'
reconsider the vote of 1/22/06.
VOTEt
Passed
Vest Ackerly, Measles, Monfor, Wise
z
Not Wagoner, Bailie
-
Attorney Rogers reviewed material he had placed in the packet. Me has
a clause in the packet titled "Exhibit A" paragraph 14, also a
verbatim of the 1/22/86 discussion with Donald Aese, a copy of the
synopsis by the Lend Manager with the site plan attached. Letters of
_
11/25/959 12/31/85, and Exhibit E, a letter of opinion. Also a letter
from Mr. Asse'e attorney dated 2/4/86 hand carried into the office on
2/4/86 and received at 365 PM. Also, an exhibit attached regarding
-.
Roberts Rules of Order. Councilwoman Monfor explained she brought
this back for reconsideration because she did not like the way it was
=:1t
handled without any paperwork. She did not feel comfortable with what
happened. She hoe no problem with the motel, her concern is with the
remaining lots. Mr. Aese has stated that he has done considerable
�. a
work, he has not. There are many people who have done this. We have
many pieces of land that have been cleared and left. Mr. Agee could
sell these lots with the buyers doing what they wish with them. Mr.
Agee said he would move out of Kenai if he could not do as he wished,this
Is his prerogative, however, she would wish that he would not.
Public Comment
Attorney Rick Baldwin representing Dan Aase. The City is in violation
of their own rules regarding reconsideration of an action. Also,
there is additional contract languaqe in front of the Council this
=
evening. He would like to have Mr. Aase look at it, he cannot respond'°^'
without reviewing this material. Attorney Rogers replied, regarding
Roberts Rules of Order, he disagreed with Attorney Baldwin's interpre-
tation. Mayor Wagoner a copy of the material to Attorney
:'<•r=`°:.:
gave
Baldwin. Councilman Wise said, although the original motion was not
that
_
. I t gays no
good, a motion for reconsideration was a bad actions
Council
rules are for sure in Kenai. Councilwoman Bailie disagreed.nr
', : _. ,•a. ,-_ '
is charged with making decisions that affect the City. If any one of
the of
us do not feel comfortable with a decision, we have process
reconsideration and should use this to air concerns, this was not easy
, :,+
f....
for any of us. Attorney Rogers explained, if the Council agrees with
.. •.
this, they should understand he will try to make covenants run, thin
was the intent of Council. Councilwoman Bailie noted, if we get the
site plan review ordinance passed, even if Mr. Asse sells some
propertyawouldhave
tlacam before
ur tasouldthe
C�ilyaanynd one purchasing
bosrd
is working with this.
y • c.
.., . A J
_�1 --- _ ..._ .- --
► s
COUNCIL MINUTES
Regular Nesting February 9, 1986
Page 7
o
Attorney Baldwin spoke. He reviewed the 1-engage in the
material. It departs from the last motion, it requires almost exact
compliance with the proposed site plan. The penalty is failure to
He asked, what happens if there is
receive a certificate of occupancy.
a Small departure from the plan, also the banks would not lend with
- __ -: •,:-�:,,-. '
that much risk. The concern is, you could hove a completed building
with no occupancy. Before he had a partial release he had to have
no
This says absolutely
approval of P81 in the original motion. y
for orders.
departure from the site plan. This would not allow change
Asse
live with this. Attorney Rogers replied, if you donot
Mr. cannot
tie this to an occupancy permit a person could get approval and
build something entirely different. Mayor Wagoner said this refers to
_" _
drastic departures. A smell change would not be a drastic departure.
Councilman Neseles noted a site plan does not include a detailed
architectural design* it will not have those details in it. Attorney
Baldwin said we do not have a site plan defined in this. As for any
additional terms, we had a contract at the last meeting. Attorney
Rogers stated he talune exception to his statement about a contract.
Councilmen Measles noted that what constituted a site plan is stated
In the code and does not have to be in this contract. Attorney
;Tr
Baldwin eoid, his primary objection is that this was droppeed on them
" '''•
tonight and they have no time to pick out the issues, He hoe not seen
this in any other City contract. Mr. Aese will not agree to anything
beyond what he agreed to at the last meeting. Councilwoman Monfor
^;
stated that this language would have been in the contract whether she
brought this up for reconsideration or not. Attorney Rogers agreed
and added that the appraisal runs out on 2/13/86. Councilman Messlea
said the some wording is in the landscape ordinance. Attorney Baldwin
stated, rather then continue with this development and be trlrleno!
"
with continual uncertainties about Council delving in his affairs, Mr.
Asse offers to purchase lot 7 8 B at the appraised price and give back
the rest of the land. He spent $100,000 on clearing 7 acres, he will
_:. .,;',
take a considerable lose rather than hold up any longer on develop -
sent. Nayor Wagoner asked, and rescind the remainder? Attorney..-s''�
Baldwin replied yes.*
NOTION AMENDMENTt
Councilman Wise moved, seconded by Councilman Ackerly to amend to
cancel the lease on late 1-6 and execute sale on numbers provided to
Council for release at the last Council meeting on Lots 7Q8
Attorney Baldwin stated, at $2.00/sq. ft. Nayor Wa onec said Council
Is
Should not. be negotiating with Nr. Asse. Attorney rs urged
statement with the lots and
Council to accept or solicit a written
money because it will be substantially different than clause 11. Wa
are negotiating o °considerable amount of land, he does not know if
Council to accept the
'
Council is allowed to do that. He would ask
proposal from Attorney Baldwin on behalf of Mr. Asse and tat adminlsR-
ration review. Mr. Aaee's proposal is not what is on the floor. Mr.
.7777
1 _
1
`
M
„
sit
,J
COUNCIL MINUTES
Regular Meeting February S, 1986
a.
Page 8
Asse stated he did not mind coming to P&Z until the land !a paid for,
_
but when the land is paid for the City should be out of it. It
something happened to himself. and hie wife, his heirs would have
;. : •:__•_a 'j
problems. Attorney Baldwin added• the City wants to get the highest
at the best use and then wants to tell the developer what
price paid
they can do. That Is Mr. Asse's problem. He should be able to use
the property as he sees fit. If he goes to P&Z before building that
is ok. But Council has singled him out by selling it to him at the
highest price and then telling him what he can do and what his buyers
can do with it. Mr. Asse stated, lot 7, the plat to not filed yet.
It was to be handled the way the Uptown was handled. There are no
He told Mr. Brighton it was $90.000 worth of development
F.
lots there.
'� ��^
on the land and all of a sudden we are talking about lots. Councilmen
.:T •..
Measles aaid, if the 7 acres is not replotted into 8 lots, we cannot
sell without replotting and reappraising. Attorney Rogers said he
-- _
thought the plat was recorded.
NOTION TO WITHDRAWt
Councilman Wise, with consent of second, stated, if there is no 7 6 8
a �fY
he would withdraw his motion
Councilwoman Bailie said, even if we take the language out that we put
In, the landscape ordinance is tied to certification of occupancy. If
they do not go with what they have spelled out, a certificate Of
occupancy is held until that is taken care of. He is not being-`�
Baldwin if it is
treated differently than anyone else. Attorney asked
spelled out, why do you need it. Councilman Ackerly noted that
. 1 .• -.;::.-:: +rye-ii
landscape is one thing, building is another.
itaJ
NOTION ANEN=s
Councilwoman Nonfor moved, seconded by Councilman Measles to take out
the language after the last paragraph that begins, "and further".
VOTEt
Passed
Voss Wagoner, Bailie, Measles, Monfor
Ackerly Wiee'Y,'
Not ,
:�: ;A,
7. Discussion: Airport Insurance
Attorney Rogers explained that ERA has given the Council their Dunn
''
and Bradstreet number. Attorney Rogers has asked for specific
" ."_,•'`
`=;"_-,,r.x.,
- inPorsumtion, Council can decide if this is sufficient information.
_`.•�`°•'
Attorney Baldwin will be speaking for Southcentral Air. Admints-
tration has done sway with the indemnification clause. A letter fromnt-=._
Walters A Olson dated 1/31/06 suggests $10 million with no seat limit
and $1 million per seat. ERA soya $1 million per seat with $20
million msxion. The Anchorage provision is $10 million props, $20
He did not think then;°
million jbts. He asked what Council wants.
would be any objection with the Weltond Olson proposal. Attorney
;': ry`{7 -_y�—✓'
4 .0 ..
r! B si V 4
.:rir•�!.
b
COUNCIL MINUTES
=
Regulor Meeting February S. 1986
-. ?
Page 9
gsldwin said he spoke to 3ack Birmingham of ERA. He asked hie to
-
acquiesce to the fl million seat limit. Attorney Rogers added,
without an upper limit. Attorney Baldwin stated, Southcentral egress,
he does not know about ERA on the upper limit. Attorney Rogers stated
he agreed with the recovery of City expenses, number 5 regarding
arbitration, he will further define. He will proceed to draft this
before June.NOTIONS
-
Councilman Vise moved, seconded by Councilwoman Monfor for approval
'
of proposal
— —_
VOTE:
Motion passed by unanimous consent
3. Employee Classification Study
Finance Director Brown, as a member of the Committee reported. They='-f
Pelt they could not do the study themselves and the State does not
`$ '.'.
went to do it for us. There was a plan done for Unalaska by a person
There be some work done byte City,
It.
who works for the State. will
but it would not be over $15,000. If the Council agrsee. the
Co"Ittee Is asking for guidance. It will take at least 6 months.
Councilwoman Bailie said they talked to Unelaske, people there said
they were pleasbd, the contractor stuck to the work schedule and the
}'
plan is very workable.NOTIONS
Councilwoman Monfor moved, seconded by Councilwoman Bailie to begin
negotiations with 3anet 3uron for preparation of contract and
approval of financing for a classification study and pay plan.
MOTION AMENDMENTS
Councilman Ackerly moved, seconded by Councilwoman Bailie to amend the
;-` • :. �o°_•y_ `,`
motion to add a not to exceed figure of $15,000.
VOTE AMENDMENTS
Motion passed by unanimous consent
VOTE MAIN MOTIONS
Motion passed by unanimous consent
Added Itew
k�
Mayor Vagoner introduced Dania Douglas, the building maintenance man.
... t.
FL'*4;
`:, -� .��k .-.• __ ..
a -- -
- —,
_. _.}. -
�
,t __. _
XRt 4_j....o
i.
V
_.
- -
.
• 0
r
COUNCIL MINUTES
Regular Meeting February 5, 1986
Page 10
G. Nix ONINESS
1. Bills to be Paid. Bill to be Ratified
MOTIONS
Councilman Measles moved, seconded by Councilwoman Bailie for approval
of the bills so submitted.
VOTE!
Motion passed by unanimous consent
2. Requisitions Exceeding $19000
MOTIONt
Councilwoman Bailie moved, seconded by Councilmen Measles for approval
of the requisitions as submitted
VOTE:
Motion passed by unanimous consent
3. Ordinance 1113-061 Increase Revenue/Apprne - State Library Grant
4. Ordinance 1115-86: Increase Revenue/Apprne - State Revenue Sharing
for Women's Resource do Crisis Center
Approved by Consent Agenda
S. Discussion: Ordinance 1101-85: (Failed 12/16/85) - Amend KMC 22 -
Requiring Lessee of Airport Lands to Lease for 2 Years Before Purchase
Councilwoman Monfor stated she had asked this to be reconsidered
before the meeting with Mr. Cunningham was planned. She now withdraws
the request. Councilwoman Bailie asked that the discussion with FAA
Include appraisals. If an individual leases land and it is
reappreieed, he is charged a new figure for improvemente he hoe made:
Mayor Wagoner replied, he Is charged the property appraised without
isp►rovements, but there is the human factor involved there. With
improvements, the value does go up but they should not do that.
Councilman Measles suggested this would be a negotiating point with
FAA. If there is a 2 year limit and it is sold at the original value,
he would know up front what he would pay, but not going back 20 years*
that is too far. Councilmen Ackerly noted, appraisers cam and go like
.everybod else, they cannot know what the property was like
originally, they only have what you tell them. It is difficult to
compensate for the human factor. City Manager Brighton explained that
the reason they went 6 month appraisal is to catch any increase in
value. If they insist on that we will have great difficulty in
getting them to agree to sell at the original appraisal. Councilman
Q
-�PSa. '•
fry` _ Sri•
_-L :UL _
7.
r 'ems"•
\.
• .. r.:
i
..
is
F
COUNCIL MINUTES
Regular Meeting February 5, 1986
Page 11
Vise asked Administration to send to fAA the proposed ordinance
distributed at the last work session regarding land sales. He would
like comments from FAA.
6. Discussion: Charges for Forest Drive Camper Park
Councilwoman Monfor explained, this camper park is used for "non-
citizens" of Kenai. She would like to have Recreation Director
McGillivray come back to the Council with a fee schedule that is
appropriate until the park is redone. We could put the money we
receive back into the park. Councilman Ackerly noted that if we are
going to have a fee schedule we will need to have a trailer at the
entrance, we should cover salaries, etc. Thiu will be 24 hours a day.
He would rather see it shut to campers altogether than have a gate.
Mayor Wagoner noted Council has discussed this being a residential
park. Councilwoman Monfor said we cannot do that at this time, there
is no other place for them to go. City Manager Brighton noted 4 or 5
years ago, we changed to eliminate the fee schedule, now we are going
back to a schedule. Councilwoman Monfor noted, people are staying
there longer than the 72 hours. Council agreed to have Recreation
Director McGillivray come back with different proposals.
6. Games of Change and Skill •• Elks Lodge 02425
9. Games of Change and Skill - Eagles Auxillary 03525
10. Games of Change and Skill - AARP
Approved by Consent Agenda
11. Swires School Site - Roads, Water & Sewer
Mayor Wagoner referred to the 1/16/Pr memo from Finance Director Brown
that wee its the 1/22/86 packet. The Mayor had spoken with Borouggh
Mayor Thompson who otated he warted to put roads, water A sewer to the
school site but may go to the corner. He did not want to do the whole
thing. Councilmen Wise noted, if they sold the property they would
not have to worry about it. Mayor Wagoner said he had not seen any
indication that it was going to be put up for sale. if we see it up
for sale, we will proceed with water & sewer. Council agreed to the
proposal.
H. REPORTS
1. City Manager
City Manager Brighton spoke.
a. Administrative Aseistent Gerstlauer passed out a memo regarding
real estate bordering the golf course. The City wants to plat a
portion
equalvalue, it cannot besfederal, there is only section r36 and land
COUNCIL MINUTES
C
Regular Meeting February S, 1986
Page 12
by the care center. Councilmen Neselee asked if he meant the old dump
Mayor Wagoner noted it will need an appraisal but we can do the
f...
site.
p
preliminary platting. Council agreed to have administration proceed
with the action. Mayor Wagoner suggested also trading with the
airport land by the high school. City Manager Brighton replied we
-- -
cannot use government land. Councilman Measles noted there may be
trouble with the dumpsite area. Councilman Wise suggested the land by
the golf course down Swires. Council directed administration to look
at various areas and bring back offers.
b. City Manager Brighton reported Kenai and Soldotne Chambers of
Commerce are pursuing the Arctic Winter Games. They have asked if the
Councils are willing to come up with $1500 to make a presentation with
Soldotna also putting up $1500. Then pass a resolution in support of
the games. They are working with the State to get $2.5 to $3.0
million for the area. Fairbanks received $9 million when they had it.
They intend to build an enclosed ice rink in Kenai for the games.
Soldotna Chamber of Commerce has agreed. We will have to use both
>.r..
high and ,junior high schools for the 1,000 people expected.
..
MOTION:
Councilwoman Nonfor moved, seconded by Councilmen Measles to
appropriate $1500
Councilwoman Bailie asked if Soldotna would support a community center
- _-- — ---=_
for Kenai, it would be a benefit for Kenai at the some time. The
Oporto arena would be overflowing, we would need an additional
facility. City Manager Brighton replied, the school administration
for the week to the games in all
has agreed to close the schools put
four schools. Councilwoman Bailie noted it we go to Juneau for $2 43
million for a covered ice rink Juneau will ask us to chose between
that and a community center. She would like a covered ice rink but
not at the expense of the community center. City Manager Brighton
noted that Wasille's covered ice rink cost $1.2 million 2 years ago.
Councilman Measles noted a recently designed one coot $1.5 million.
City Manager Brighton added, if we do not get the money from the state
we will not be able to do this. Councilman Ackerly ae ed if there
y ,-•#
were any negatives we should know about. City Manager Brighton
this* the heading
replied he has been to 3 meetings regarding people
it feel it can be done but it is not a simple thing. Ne eve balance
have to came up
sheet information. Kenai and Soldotna will probably
with $50,000 to have the program. Councilman Measles addede it has
been a Canadian/Alaskan program in the posts this year they plan to
invite Russia• Greenland, Iceland# end other cold climate countries.
It is held every 2 years, there were 1,000 people in the psat, it may;.�r'
Wagoner to have a written document
;.q '_:s ``-•'Y
be more this time. Mayor asked
Council for a needs, City personnel,, equipment. and costs
submitted to Y P
,> •:. � y iK,E
assessment. Council agreed to the request.
..
VOTBs
Mstonpoesea unanimously by roll call vote
Q i3
• �
44 t
r -
COUNCIL. MINUTES
Regular Nesting February S, 1986
page 13`
2. City Attorney
=`
Attorney Rogers spoke._j�
a. He will be going to the east coast 2/20 8 2/21/86 on a natural gas
,....
seminar. The registration will be over $700. He wanted to do this in
'
conjunction with the meeting with City Manger Brighton and southern
_=
California people on natural gag. He will have to make an addition to
his budget. Council had no objections.
b. Councilman Ackerly asked about the disaster program, Attorney
Rogers replied he was reimbursed for the coats on that. He reported
that Clancy Johnson from the Borough set up a training session some
-_T=
time ago and no one came. If he can get them here again he will
==_t
contact City Council._`
3. Mayor
= .
Neyor Wagoner spoke.
He reminded Council of the 2/16th meeting with Frank Cunningham of
a.
the FAA.
b. He asked Councilman Ackerly to check with the high school. They
have a magnetic schedule board. He would like to have the literature
'•-
on that to have one put up in the chambers.
e. Councilman Wise asked for a work session on Old Town to discuss
Y{`-
the 3 plans proposed. Council agreed to 2/24 at 700 PN. Clerk
_
Whelan was asked to send notices to Council, Old Town Committee !nd
--'--='
Landscape Board.
4. City Clerk
Clerk Whelan spoke`
a. Clerk Whelan reported on the entrepreneurien magazine that was
requested last October. We have just heard from the magazine people
that there has been a delay in publication.
S. Finance Director
-
None
6. Planning 8 Zoning;a
None
1�a
_ __Aa a •
•�
w��
pvav-
,
4
- ., 17 a '• '
. __U. _
_ : o . ...
o.
r
COUNCIL MINUTES
Regular Meeting February 59 1986
Page 14
7. Harbor Commission
None
8. Recreation Commission
None
9. Library Commission
None
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Carmen Gintoli, Architect, Kenai. Regarding item C-9, Resolution
66-11, Library Addition. Engineer LeShot suggested he write a letter
to Council, he did not know about Finance Director Brown's reply, he
did not intend to sham on the Council. There has not been an
extension on the contract. The contract does not allow this. He has
been working to finish, the completion date was 12/4 but they ere
still working on it, there is a lot left to do. He suggested an
amendment to the contract. Some things have been delayed until June.
Me did the same thing on the police station, there was no written
release to continue there, he was just asking that his contract
coincide with the contract. Had he known there was a problem he would
have had more information. He apologized to the Council.
b. Councilwoman Bailie reported that she is a representative on the
Hospital Long Range Planning Committee, they will be meeting twice a
month. Any concerns of the Council, she requests they pass them on to
her,
ADJNJM ENT
Meeting adjourned 10:05 PM.
3anet Nhelan
City Clerk
301jel
APPROVID By
DAM -GIT am
0Pj