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HomeMy WebLinkAbout1994-02-02 Council Minutesa AGENDA KENAI CITY COUNCIL - REGULAR N9tNTING FEBRUARY 21 1994 7800 P.M. KENAI CITY COUNCIL CERS he CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda * are considered *All items listed with an asterisk ( ) to be routine and non -controversial by the Council. and will be approved by one motion. There will be no separate discussion of these itemsu l ssiteCouncil Member so requests, in which case t will be removed from the Consent Agenda and- considered in its normal sequence on the agenda as part of the General Orders. 8. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC REAR_MGB 1. Resolution No. 94-4 - Adopting the National. Association Ad p g of Counties Deferred Compensation Program. 2. Resolution No. 94-5 - Transferring $3., 581 in the General Fund for Compensation to the Acting City Manager. 3. 1994 Liquor Liesense RAneNal - Katmai Hotel Restaurant & Lounge - Beverage Dispensary/Tourism - Two Years. 4. *1994 Liquor Lieyenee Renewal - Little Ski Mo Drive In - Recreational/Eating Place - Two Years. 5. *1994 dames of Chance and Contests of skill Vomit Application - Kenai Emblem Club 04.550 6. *1994 Games of Chance and Contests of 839i11 Vomit Application - Pickle Hill Public Broadcasting. 7. *1994 Games of Cbanae and Contestsof skill Vomit Application - Fraternal Order of Eagles, Kenai #3525 Auxiliary. -1- • • 8. *1994 Games of Cbance and Contests of skill Permit Application - Alaska State Hospital & Nursing Home Association. 9. *1994 OW68 of Chance and Contests Of skill Permit Application - Funny River Chamber of Commerce. 10. *1994 Bull -Tab vendog Endorement Application - Funny River Chamber of Commerce. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of January 198, 1994. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 .... 3. Approval —Security Assignment and Consent - Lot 2, Block 1, Gusty Subdivision - Thomas H. and Dorothy C. Wagoner to First National Bank of Anchorage.' 4. Approval - Lease Application - Lot 1, Block 30'Gusty Subdivision #4 - James H. Doyle. 5. Approval - Requesting Kenai Peninsula Borough to Change Platting Review Procedure. 6. Discussion - Letter Opposing HB 366.and SS 241. -2- T. A MIHjAT TIQN R19P,ORTB 1. Mayor 2. City.Manager 3. .Attorney 4. City Clerk 5. Finance Director 6. Public'Works Director 7. Airport Manager . j e DIH!lU88IOl�i 1.. Citizens (five minutes) 2. Council. 1�. AD�TOIIR�IM • KENAI CITY COUNCIL REGULAR MEETING FEBRUARY Z, 1994 7800 P.M. KENAI CITY COUNCIL CM M8ERS MAYOR JONN J. WILLIAMS, VRESIDZNG Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building, Mayor Williams led those assembled in the Pledge of Allegiance. A-20 Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Monfor, Measles, Bannock and Smalley. A-5* Mayor Williams requested the following changes to the agenda: ADD: 8-60 Additional Information - 2/1/94 Fred Braun letter regarding sport and commercial fish allocation debates, H-•6, Additional Information - 2/1/94 D. J. Bower,. Jr« letter regarding allocation of Kenai River.soekeye salmon. I-6, Pnblio Works Director Report - 2/1/94 KK memorandum regarding Kenai Spur Highway - Swires to Tinker. Correatod cover letter to Information stem li - (reference of original cover letter incorrect) Information Item No. 10-.1/27/94 AML/JIA invitation to participate in Public Risk Management Association . (PRIMA) pooling seminar, March 15-18-94 in southern. California. Information Iten No. 19 - 1/25/94 K. Scott & Associates, Inc. AML Host Committee COordinatorls Report'. Information stem No. 20 - Senator Suzanne Little Public Service Announcement. • KENA►I CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 2 MOTION: Councilman Smalley MOVED for approval, of the amended agenda and requested VXXXX LOUS CONBENT. There were no .object ions . 80 ORDI�RED. Mayor Williams requested the following change to the Consent Agenda: ADD: C-40 1994 Liquor License Renewal/Little Oki NO - 1/28/94 KPS letter of non -.objection to liquor license renewal. MOTION: Councilman Bannock KOVED for approval of the amended consent agenda. Councilman Smalley BECONDND'the motion. There were no • ob jections. SO ORUEitED. C-i. Resolution No. 94-4 - Adopting the National Association of Counties Deferred Compensation Program. MOTION: Councilwoman Swaarner KOVED for adoption.of Resolution No. 94-4 and requested VMXXOV8 CONOMT.: Councilman Smalley OBCONDED the motion. There were no objections., 00 ORDMID. C-2. ROSOlUtioa. No. 94-5 -.. Transferring $1, 581 in the General Fund for Compensation to the Acting City Manager. 0 • ICENAI CITY COUNCIL MBETING MINUTES FEBRUARY 21 1994 PAGE 3 MOTION: Councilman Smalley MOVED for approval of Resolution No. 94-5 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. Williams objected to unanimous consent. Williams questioned if there is a ten-day time period when the Acting City Manager takes over or is anytime the city manager is out of the office. Administrative Assistant Kim Howard stated council did not set any time specifications. City Manager Manninen has said if he is gone out of the office for a day, she would be paid the extra money. Williams suggested Administration review the matter. Manninen stated he thought something says ten days, however, when he arrived there was a resolution that stated whenever he is out of the office. No amount of days was stated in the resolution. Manninen added it may be different from when a department head is out of the office. MOTION $ Councilman Smalley MOVED to table the resolution and councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Williams stated to table the resolution until more information is gathered. C-3. 1994 Liquor Liaonse RoneNal -- Katmai Hotel Restaurant & Lounge - Beverage Dispensary/Tourism - Two Years. Clerk Freas stated the Katmai became current with city lease payments and bed tax. Freas added she contacted the Borough that afternoon and was told personal property and real estate tax was still owed. Freas referred to her memorandum included in the packet and suggested a motion to allow her to send a letter of objection if the account is not brought current by February 10 or a letter of non -objection if the account is brought current by February 10. MOTION: Councilwoman Swarner MOVED to send a letter of non -objection if the account is paid and a letter of objection if it is not paid. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. El 0 0 KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 4 C-4. 1994 Liquor License Renewal - Little Ski No Drive In - Recreational/Eating Place - Two Years. Approved by consent agenda. CO-S. 1994 dames of Chance and Contests of skill Pit Application - Kenai Emblem Club 0455. Approved by consent agenda. C-6. 1994 dames of Chance and Contests of Okfi1 Permit Application - Pickle Hill Public Broadcasting. Approved by consent agenda. C-7. 1994 dames of Chance and Contests of Skill Pit Application - Fraternal Order of Eagles, Kenai #3525 Auxiliary. Approved by consent agenda. C-8. 1994 dames of Chance and Contests of Skill Vomit' Application - Alaska State Hospital & Nursing Home Association. Approved by consent agenda. C-9. 1994 Games of Chance and Contests of Skill Vomit, Application - Funny River Chamber of Commerce. Approved by consent agenda. C-10. 1994 Bull -Tab Vendor Endorsement Application — Funny River Chamber of Commerce. Approved by consent agenda. Council on Aging Councilwoman Swarner stated a meeting will be held neat week. • KENAI CITY FESRUARX 2, PAGE 5 COUNCIL MEETING MINUTES 1994 D-2. Airport Commission Councilman Measles reported the minutes of the last meeting were included in the packet. The next meeting is scheduled for February 10, 1994. D-3. Harbor Commission Councilman Bookey reported the next meeting is scheduled for February 7, 1994. D-4., Library Commission Councilwoman Monfor reported the last meeting was canceled due to lack of agenda items. Monfor reminded everyone of the March 6 birthday party for the library. Librarian DeForest added the library will be 45 years old. D-5. Parks 4 Recreation Commission Director McGillivray reported the next meeting is scheduled for. February S. 1994. D-6. Planning i zoning Commission Councilman Smalley reported the minutes of the last meeting were included in the packet. Smalley added Kevin Walker was elected chairperson of the Commission and Carl Glick vice chair. Smalley added the only long discussion during the meeting was regarding a Conditional Use Permit for Payless Car Rental, D-7. Miscellaneous Commissions and committees Councilwoman Swarner reported a Beautification Committee is scheduled for Tue3day, February S. at 1:30 p.m. at City Hall. Swarner added she would not be able to attend and requested another councilmember be present. �4-441'-Wn E-3. Regular Meeting of January 19, 1994. Approved by consent agenda. • KENAI CITY COUNCIL METING MINUTES FEBRUARY 2, 1994 PAGE 6 None. None. B-10 Bills to be Paid, Bills to be Ratified MOTION$ Councilman Smalley KOVSD to pay the bills and Councilman Measles BBCONDIND the motion. There were no objections. BO ORDM=o R-2* Purchase Orders Esaeeding $1.000 None. R-3. Approval -.security Assignment and Consent.- Lot 2, Block 1, Gusty Subdivision - Thomas H. and Dorothy C. Wagoner to First National Sank of Anchorage. Administrative Assistant Howard stated the lease payments .and taxes were current. Attorney Graveshad no objection to the assignment. MOTION$ Councilman Smalley KOVSD for approval of the security assignment and consent of` Lot 2, Block 1, Gusty Subdivision from Thomas H. and Dorothy C. Wagoner to first National Bank of Anchorage. Councilman Measles OX009020 the notion. There were no objections. eO ORDSRND. R-4.' Approval Lease. Application Lot 1, Block 3, Gusty Subdivision #a -James H. Doyle Administrative�Assistant Howard stated Administration had no comments. Attorney Graves - stated . he had no comments. IF • KENAI CITY COUNCIL MEETING MINUT88 FEBRUARY 2, 1994 PAGE 7 MOTION: Councilman Smalley MOVED for approval of Item H-4 (lease application for Lot 1, Block 3, Gusty Subdivision #4 to James H. Doyle) and Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. H-5. Approval - Requesting Kenai Peninsula Borough to Change.. Platting Review Procedure. .. MOTION: Councilman Smalley MOVED for approval of Item H-5 (requesting Kenai Peninsula Borough to change platting review procedure) and Councilwoman Swarner SECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. 00 ORDERED. H-6. Disoussion - Letter Opposing HB 366 and SB 241. to Williams stated he requested Clerk Freas draft the letter as he had received requests from constituents to have such a letter sent. Williams reported while he was in Juneau, all five of the Kenai Peninsula legislators went on record opposing both the. bills. Williams added his position is the Alaska Legislature set in motion a board to make the decisions. If these bills take effect, the Kenai Peninsula is singled out and treated differently than anywhere else in Alaska. Williams added the commercial fishing industry is a major supporter to the community. Williams stated he would go on record saying the. Legislature should not involve themselves in biological policy making. Bannock stated he has not seen a copy of the bills. Bannock added he was concerned to take a position without seeing the bills, however he has received a lot of background information and reviewed it. Bannock asked if there is any recourse for adjusting an allocation or decision by a fish board other than giving the responsibility to the Legislature to oversee. Williams stated he could not answer that, however the Board's power is all -encompassing. Some cases have gone to court. Monfor stated the Board of Fish was petitioned to open up for 0 Cook Inlet. The Board found not to have a meeting because there► • KBNAI CITY COUNCIL MSE'PING MINUTEB FEBRUARY 21 1994 PAGE S • • was no biological data saying to open it up. Williams stated if the Legislature gets involved they will by-pass biological information. Bannock stated he was concerned if this was the right action to take or not. Bannock added he did not like that portion of the letter referring to the letters from Kenaitze Indian Tribe, the Cook Inlet Aquaculture Association, Inc. Bannock added those entities have direct financial interests. Bookey stated he feels more comfortable with that portion removed. Bookey added if that portion was stricken from the letter, he would vote for approval of the letter. Swarner stated she agreed the Legislature should not allocate fish anywhere. Swarner added she had a problem pitting two groups in the community against each other. Williams stated the City has done that before, i.e. Old Town. NOTIONS Councilman Bannock MOVED to referring to the Cook Inlet Tribe. Councilman Measles objections. SO ORDERED. MOTIONt strike that portion Aquaculture and the SECONDED the motion* of the letter Kenaitze Indian There were no Councilman Smalley MOVED to send the letter with the deletions and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. Williams suggested the letter be sent to the city's State delegation and copies to the Cook Inlet Aquaculture and the Kenaitze Indian Tribe. I-1. Mayor a. Creno Plan - Williams reported while in Juneau he attended an Alaska Conference of Mayors hearing on the Cremo Plan. There were also three additional public hearings by the House and Senate. The Plan is getting a full airing. • KENAI CITY FEBRUARY 2, PAGE 9 COUNCIL MEETING MINUTES 1994 b. Kenai Spur Highway - Williams reported he attended an interesting meeting with Commissioner Campbell regarding the Kenai Spur Highway expansion project. Kornelis will report more later, c. goals G Objectives Workshop - Williams stated he met with Manninen and Freas to plan the workshop scheduled for Saturday. 1-2. city Manager a. Kenai Spur Highway - Manninen stated he attended the meeting with Commissioner Campbell also. They had a serious discussion regarding placement of street lights along the highway. Campbell requested the City maintain the lights. Mayor Williams said no. Manninen added Williams stated they did not like the number of lights the State wants the City to maintain. However, the topic was left open for discussion providing Kenai was not the only city in the state to pay for street lighting. b. goals i objectives Workshop - Manninen reported he and Williams met with Charles Alvarez and discussed the possibility. of him being the facilitator of the workshop set for Saturday. 'Manninen added Alvarez has done similar workshops for the Economic Development District, etc. Manninen suggested a neutral third party may make the workshop more successful. Manninen requested Council's approval to have Alvarez facilitate the workshop. There were no objections. Manninen asked if Council wanted department heads to attend the workshop. Williams stated he thought Council would be very busy just getting through the goals and objectives. Williams suggested department heads could be involved in a second workshop later on in which more specific information would be reviewed regarding different goals. Monfor asked Williams his feelings of having a third -party facilitator. Williams stated he thought it an excellent idea. Swarner stated she agreed with Williams regarding department heads attending a later workshop. Council approved a third -party facilitator and decided department heads did not have to attend the workshop. However the welcome to attend if they wanted. p y were • RENAI CITY COUNCIL MEETING MINUTES FSBRUARY 2v 1994 PAGE 10 • 0 Williams stated the department heads do a tremendous amount of work. Williams added he believed no major corporation gets more work out of their supervisors than the City gets from their . department heads. Williams stated they do a very efficient job. Swarner added in regard to the meeting with Commissioner Campbell, Campbell spoke of the City being responsible for some of the utility bills for some of the street lights. Power to lights placed outside of the cities will still be paid for by the State. c. AML Conference - Manninen reported he received a letter from John Torgerson, Chair of the AML Host Committee requesting an additional payment from the City of Kenai for costs of the conference. Manninen read the letter. Williams stated Council, when working on the budget, decided they would pay $4,000 initially as their share of the conference costs. If additional costs were incurred, Council would discuss paying more at that time. Williams added the AML Host Committee is short $1,087.99 and requests the City of Kenai to pay this amount as their share. MOTION$ Councilman Measles MOVED to pay the $1,087.99 as he believed the Council made a commitment to do it. Councilwoman Swarner SECONDED the motion. There were no objections. BO ORDERED.. d. Historic Hoard - Williams stated he will submit a list of names for placement on the Historic District Board for the. February 16, 1994 meeting. Williams added he will not be in attendance at that meeting. However, he would like to have Council review the names in his absence and give an indication to Williams at the March 2 meeting if they approve those names. I-3. Attorney No report. I-4. City Clerk No report. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY.21 1994 PAGE 11 =-a. Financf Director No report. I-6. Public works Director a. Kenai spur Righway Impassion Project - Kornelis referred to his memorandum to Manninen distributed at the beginning of the meeting. The memorandum discussed the street light placement included'in the expansion project. Kornelis pointed out the sites for the lights on a map placed on the wall. Kornelis stated the State wants the City to pay for maintenance, operation and utilities for lights they think are non -safety transition lights between Swires and Tinker (12 lights). Monfor stated her anger and stated she could not believe the State would take the most populated city on the Peninsula with the heaviest amount of traffic and not put in the lights, Williams suggested to Commissioner Campbell the State turn off every other light in Sterling in.order to afford to pay for those lights for Which the State wants the City Kenai to pay. Williams added he told Campbell the City of Kenai would do whatever any other community does in regard to the lights* Williams stated it was his opinion the Kenai Peninsula Borough does not have powers for paying for operations and maintenance on street lights unless it is a service area. Therefore is it proper that those residents in the Kenai Peninsula Borough should escape pa ing.for lights when the City of Kenai residents have to pay for lights. Williams added he does not see the Municipality of Anchorage paying for lights at the Girdwood intersection. Williams added it was his understanding the discussion would be left open and that comments from the City and State engineers would determine which lights were necessary. Monfor asked if the lights are paid for with federal monies. Williams stated the installation of the lights is part of 9010. Kornelis stated he asked about the Sterling lights and others in the state. The State said this is a new idea and they are starting with this project. Kornelis added when the Sterling job is mentioned, the State says they over -designed it. E 0 KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 12 Kornelis pointed out which lights for which the city would have to pay (six from Soldotna to Swires and Tinker). Kornelis added the State has said this is not a negotiated item. They do not consider any of those lights as safety lights. The increased traffic into the area was discussed. Williams stated his opinion those lights are safety lights and very much needed. Swarner suggested Representative Navarre be contacted' and told this information brought forward tonight and have Navarre write a letter. Williams suggested that if a letter is to be written, it lists times of concerns, i.e. equality (City vs. State), number of lights per mile, and turning out every other light in Sterling and other areas, amount of traffic at streets going to schools, etc. MOTIONS Councilwoman Swarner MOVED for City Manager Manninen to write a letter and Councilman Smalley SECONDED the motion. Councilman. Smalley requested VNMIXOVS CONSENT, There were no objections.. 80 ORDERED. I-7, Airport Manager No report., Executive Session - Williams asked Council if they wished to forego the evaluation of the city manager. Monfor stated she did not feel comfortable doing an evaluation at this time. Goals and objectives have not been set and the city manager has only been on the job for six months. Monfor added she did not think she would have much input on the basis of a written evaluation. Swarner stated she felt strongly an evaluation needed to be done in private whether a written evaluation form is used or not. Swarner added she thought they owed it to him and the council to do the evaluation. Swarner suggested the evaluation be done after the citizens comments. There were no objections. i �J KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 13 J-10 (Verbatim) a. citizens Dan Pitts - PITTS: Yes, my name is Dan Pitts. I'm president of Kenai Airport Fuel Service. I was here at the last member, excuse me, the last council meeting. I brought up some issues that ah, that had ah, definite concern for myself and our, the viability of our fuel business. I know that several of the council members were not ah, were no present at that, that meeting as was not the city manager. And, since then I have met with the city manager over our concerns of our business. Our business is basically fueling aircraft and ah, and ah, my personal business is to lease space at the airport for freight business. Ah, the issue that I brought up, was ah, was of particular concern to us because our, our main customer, who I lease space to, whose been operating off this airport since 1982, and who hauls probably over one million pounds of cargo that's purchased in the local area to the ah, communities of Illiamna, Port Alwsworth, Nondalton, Spervon, and also over a million gallons of fuel came to me and ah, and told me that because of the ah, the unfriendly airport environment having to deal with the airport management they were leaving the airport and they were moving to Soldotna. WILLIAMS: Excuse me just a moment. You run through that again now. He has said to you that he is definitely leaving? PITTS: Ah, I sent a copy of Cliff Everts letter to ah, to all the councilmembers and I hope they had a chance to read it. Ah, he has ah, he's brought up some concerns and he, you know, nothing is definite until it happens, but he has told me that ah, he is, he is concerned with how he's treated on this airport. How his ah aircraft, ah, is being interfered with, with loading of their aircraft and ah, ah, he said he doesn't need it. He can get, he can do the job in Soldotna and ah, and they are a little more receptive to his operation than ah, than we are in Kenai. Ah, this concerns me because ah, my company just ah has spent oh, over $500,000 in the last three years upgrading our fuel system out there and we're just about to go on line with it and ah, asI • KENAI CITY F88RUARY 2, PAGE 14 COUNCIL MEETING MINUTES 1994 said, Mr. Everts is 751% of our business and ah, we're looking at ah, at ah, total financial disruption of our, of our project out there. Ah, there's no way that we can pay ah, pay the load, the debt service on what we've done out there if, if he leaves. Ah, ah, I appreciate Tom Manninen for, for meeting with us. He has had an open-door policy. He does return calls ah, I realize that ah, but I don't think his, his assessment of our situation is entirely correct. Ah, I don't know if you've had a chance to read his letter to us concerning ah, his answer to us, is January 26, 1994 ah, where ah, currently what is at issue is a road that six months out of the year is ah, is covered in snow. At night you can't see it if you're taxiing a large aircraft ah, and ah, what it is, is something this council voted on in June. Ah, the Airport Commission studied this road. It's a vehicular access road. it cuts right through our special use area that we lease that we insure ah, to load and unload aircraft, to fuel aircraft, and ah, it's, it's a road that ah, that twice the .Airport Commission voted to ah, abolish.. Ah, the City Council ah,,,. last June, in a after an emotional plea by the, by the Acting City Manager, voted with, with really, without any input from, from any of those involved, voted to -keep the road and wait till the new city manager came, came to town. Well, ah, like I say, we, currently we lease a special use area that's right in front of our area. We insure this area and ah, it's an area that is, is primarily for loading and unloading aircraft. That's, that's what the FAA purpose for this area is and ah, we are continually being interfered with by the Airport Manager, loading and unloading aircraft. Ah, my main concern is, is ah, last week Mr. Ernst drove his aircraft in between, or excuse me, his ah, pink -up truck in between a loading aircraft, loaded with ah, that had ah, equipment loaded on a forklift.that was loading into this ah, aircraft. Ah, and got out and shook his fish,.fist at the captain because his wing tip was four feet over the line. Ah, the captain tried. to tell him, "Hey, I can't see when I'm 20. feet in the air in this aircraft. I can't see where you're line is. it's covered in snow and you know, I'll wove it." And so he did.. But ah, this goes on continuously. And this is the, this is the reason that, that Everts Air Fuel has told us, "Hey, we're out of here." It's an unfriendly environment. And I know this is something that the City Council has heard over and over and over again from ah, the businesses that are on the airport, from U • RENAI CITY COONCIL MEETING MINUT88 FEBRUARY 21 1994 PAGE 15 the, the people that work on the airport, and ah, my concern was, ah, ah, if we lose Cliff Everts we're done. We're done. Our fuel, our, our investment out there is for nothing. And ah,.all these issues are issues that make absolutely no sense. Ah, Mr. Ernst, takes preference over vehicles rather than aircraft and ah, what is an airport loading area for? Is it for. aircraft or is it for vehicles? And ah, in fact, ah, I would, I would pay for a study to see how many vehicles use that road and ah, you know, there are days and days and days that you don't even see a car on this road. And, ah, if we're loading aircraft, they can go around us. There's plenty of room. I mean this issue has come up again and again and again. Ah, and you know, personally, I'm tired of it. I mean ah, I've leased the space. I insure the space and all we want to do is business out there. We want to do business without being interfered with. Ah, if we were doing something unsafe, ah, it's not in our best interest to do something unsafe because it's our butts that are on the line out there. And ah, ah, what I would appreciate, I would ah, I would ah, ask this council to do is please, how about, tasking your, your Airport Commission to study what these problems are. Look again at what these issues are. Ah, don't turn your back on us out there because, you know, this is, this is something ah, that ah, that is ah, is not going to go away. I mean, ah, time and time again, I've, I've got customers that won't come to this airport anymore because of the fact that they're treated unfriendly here. And I know it's something that you people have heard over again and I know you're tired of . hearing it. But, ah, this will not go away until, till the.City Council looks into it. Until they take action. And I ask you tonight to take action. To task your, your Airport Commission to ah, to investigate what we've got to say out there. And write a report to you. And ah, see if we can get this straightened out.. The ah, last thing I have to say is an old saying that says, "never saw off the branch that supports you." And ah, that airport has been a, a, a, a real profitable ah site for this city. It's done a lot for this city and I, I just, on my years of leasing space out there and developing property out on this airport, I continue to see businesses leaving this airport and. ah, ah, when cities like Soldotna have got their airport going and, and cities like Nikiski that are building their airport out. there, ah, it's time for us to take, take a look at what's.going on and to pay attention and to ah, and to ah, look into these issues and, and help these businesses on the airport. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 16 Anybody have any questions? WILLIAMS: Questions for....thank you. Someone else? Well, the Council's had this issue before it in the past. You also indicated, as I recall, a conversation too that we would wait until the new city manager came on board and give that to him as one of his first hot potatoes to try to cope with. Council may recall some months ago that ah, I had offered a. suggestion that ah, perhaps we bring a third party into this discussion by way of the FAA and ask if perhaps they could furnish us with a facilities engineer to come down and look at that part of the airport, the overall plan, to determine whether or not there may be something different that can be arrAnged to accommodate or whether there needs to be anything different or arranged to accommodate. Our Airport Master Plan was completed seven years ago., it might very well be good for us.to have the FAA examine that plan to determine whether or not what was anticipated to occur did occur in that seven years or whether or not there is.room for change at this point or whether there should be' change. I Relieve, because of ah, because of all -of these things that are occurring.there that perhaps it's time that we do take a very, very good.look at the entire physical layout. Ah, now, and in defense to Council with regard to some of -the things that Mr. Pitts said, I didn't read Mr. Everts' letter quite the same as Mr. Fitts explained it. Ah, Y see where -Mr. -- Everts or Everts Airfield has some, some'difficulties in their business coping with growth, ah-, with enlarging their services, due to the limited space. They also have a�problem with what to do with their aircraft if they.leave Kenai. They can take.one successfully to Soldotna, but the other one can't go to Sol.dotna. Ah, there are several things, several elements here that have to be looked at. I believe that there's a lot of room here .where some work.can be done. Some ah, reviews can be taken. Some thoughts can be incorporated that we might be able to take care of this.problem. I believe that there was an error on the part of both Mr. Pitts and the Council. First of all in allowing ah, in Mr. Pitts' determination, to put your fueling system where you put it. 1 believe that's an error that can be looked upon now and maybe thought of differently.. I believe the -Council erred in allowing Mr. Pitts to lease that special service area in front if we.were u� y KENAI CXTY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 17 insistent that that road was going to go through it at the time. That road goes right through an area that we did lease to himo I hadn't thought about the issue of insurance and the liability of that if Mr. Pitts in deed, as he says, has to insure that entire area and we have,a road transitioning that area, ah, if that in fact, relieves some liability to the city or not. So I just think that there's a tremendous area that has to be examined here and I'm hoping that ah, somewhere along the line we the Council, the Administration, the airport management, Mr. Pitts can get together an solve this problem. There's a whole area of examination here that should be reviewed. Councilman Bookey. BOOKEY: Thank you Mr. Mayor. I have been wrestling with this since our last council meeting because the day after our last council mee}ing I went over to the airport myself and visually 40 inspected this thing. And I'm not sticking up for either side,of 'this issue, tonight's, but there's pros and cons, goods and bads on both sides and I believe that Mr. Pitts' operation is viable and it's a needed situation and I'd be the last'to drive anybody out of here. But, when you take a business that doesn't foresee its own growth rate and it tries to do something and expand ... We've been good enough to give him a Conditional Use Permit in order to do that. I don't ever see this problem ever going away because of the fact that on their lots, they'll never be able to get these larger aircraft into this lot. This is going to be ongoing forever. You know, I have a problem with that because I also look at the other aspect of this road, following the day after our last council meeting. I went to the airport and sat there for an hour and one-half. I visually watched three vehicles come through that road. I think you guys can sit there and help yourselves with your own customer relationship by sitting there and taking those pilots as they come in and guide them into the spot that they've got park indicated,. I mean, it can't, you, you can help yourselves here just as much as we can help you. PITTS: Councilman Bookey, these, the people at.Everts Air.Fuel is a non-scheduled carrier. They are.... WILLIAMS: Would....Mr. Pitts. We need to have you (directed him 0 to the microphone)... • KBNAI CITY FSBRUARY 2l PAGE 18 COUNCIL MEETING MINUTES 1994 PITTS: Ah, you have to realize that Everts Air Fuel is a non- scheduled carrier. They ah, most of their business is, is like I say, "We are the gateway to Lake Clark." That's exactly where all there business is going. They're buying, they're buying toasters and furniture from KMart and, and from all around here. Ah, they're, they're loading odd -shaped cargo into their aircraft. They carry everything in those aircraft. Ah, they can get a pick-up truck in those aircraft. Ah, they, they are a non-scheduled carrier. They come in at all tires of the day and night. Ah, we cannot have someone there all the time waiting for them to show up because we don't know when they're going to be able to, when they're, when they're coming in. Ah, and what I think you folks have to realize and should realize is that the aircraft ramp is for loading and unloading aircraft. That is what it's designated by the FAA. Now, I, I appreciate Mayor Williams saying "let's get a third party in here." And I wholeheartedly ask you and, and beseech you to get a third party in here. You know, ah, we feel weere. experts. Ah, the fellow that, the captain for Everts Air Fuel has been flying in Alaska large aircraft for 26 years. Ah, he's been in and out of every airport in this state. He knows what's going on in the state and he's not going to do anything that's . going to be unsafe. It, it just doesn't, it's not in his, in his operation. They just don't do ... Our, our people are trained. We're not going to do anything unsafe. Ah, the vehicular traffic is secondary to what the airport is . for. The preference of the airport is loading and unloading... BOOKEY: I understand that, but you also have to look at us, us as a city and a community and the lessees above and beyond you are entitled to have as much access as you are. And, and you seem to think from every indication from you guys, on every time, that airport area is yours. And, i, and I do not agree... PITTS: No, no, no, no... BOOKEY: You have to give those people above you the exact same access to do that... PITTS: We do not deny access to anybody. There is enough room on that aircraft ramp, when we're loading an aircraft, like during the fish haul, or whenever. When we're loading an aircraft, I have a freight building. Then I'm ah, I'm part of a • • • KENAI CITY FEBRUARY 2, PAGE 19 COUNCIL MEETING MINUTES 1994 corporation with ah, Mr. Eichholtz that has a fuel business. And ah, I lease space to, to ERA, to DHL, all these other people. And when we're loading an aircraft, there.is plenty of room for someone to just drive around without ever impinging on controlled areas that the FAA would be concerned about. There is, there is so much room... BOOKEY: And, and if that's the case, why can't they move the aircraft ahead another fifty feet and take care of the problem that way. I mean, in that way the people that are non-aiircraft control or non -aircraft people know that that twenty feet is theirs and those people can come and go on that twenty feet. It can.... PITTS: Okay, well these guys, these guys... BOOKEY: I'm not, I'm just saying there's got to be a happy medium here. We've fought this issue for a long... PITTS: ...for a year. It's, it's, it's..., BOOKEY: ...It's ridiculous. PITTS: Well, it's come to the point where the people that ah, that I lease space to and that I sell fuel to say,."hey, I can't' take it anymore." You know ah, we're out there fighting over a, line that's covered in snow. Ah, the airport has decided that we got to have an access road and ah, when 1-talked,-I have. -talked to the, the, to the ah, the tower.chief that, that runs .the airport and ah, he has told me personally, and ah, I don't, I don't have it in writing here, but he told no we don't have enough traffic at the Kenai Airport to even justify a vehicular road. That was his word to me. Now, all we want to do is load and unload aircraft without being harassed. That's all we want to do. We're not asking for anymore than that$ Ah, we're not, we are not denying anybody access to that ramp to or from anywhere when we're loading. We're not denying anybody. The FAA, when they come through there from.the maintenance shop, -they drive around the aircraft, which is what everybody does.. Now, do you want a road that directs traffic: right between where you're loading and unloading. It doesn't make sense. It you look at, if you look at Anchorage International, Fairbanks... their vehicular roads all go on the outside.of where they're loading their aircraft. If you..look at the, terminals...go look at the terminal in Anchorage.the,next time • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1994 PAGE 20 you go to the Anchorage terminal. Where are those jets parked? They're all parked right up against the buildings where they're loading and they're unloading cargo and passengers. Their vehicular road goes around the outside. Simple solution. Run it around the outside. You know? It's a very simple solution. Well, you know, I just ah, let's get a third party. Let's get their opinion and ah, and come down here and talk to us. I'm for that. I'll go for it all the way. But ah, you know if, I'm just trying to save my business. You know? Jim? That's my whole thing... BOOKEY: And I don't want, I don't want to impinge it anyway, I just, Dan, it's hard for me to sit here. You know how I correlate this in my own mind? We gave you a Conditional Use Permit to use that outside issue. If I came in here and asked, I own an RV park in town, and I come in here and I say, "geez folks, I'm full all summer long and I need, I need some more use. I need a Conditional Use Permit to the Visitors Center parking lot." Okay? To me that's not fair to the rest of the world. And to you, we've given you a special Conditional Use Permit to. suffice your business at this point. But I don't see this ever changing. You're not going to be able to ever get those large aircraft on your property. PITTS: You're right. BOOKEY: You know, so, you know, there's no lease to this thing. It was a token cost, we'd give it to you. I don't buy us giving... PITTS: We realize that anybody can park an aircraft in that spot. It's, it's a non-exclusive lease. We've agreed to that and ah, I understand that we are allowed to load, unload and load aircraft and we're allowed to fuel there. Well that is not . happening. We are not, that, we are not able to use that for that purpose right now because, ah, Mr. Ernst, ah, will come out there and he'll, he'll, he'll shake his fist at the captain and he'll say, "you guys get, get your aircraft off the line." Even though you can't even see the line and, and these guys are doing what we are allowed to do on our special use thing. And, you know, I appreciate that. That got us back into business. I mean ah, you know... WILLIAMS: Let's us, let's kind of move on. The biggest, the single problem here in this particular issue, there may be other issues, but as I review the map and the drawing of the area that • ItENAI CITY FEBRUARY 21 PAGE 21 COUNCIL MEETING MINUTES 1994 includes your conditional lease, special lease area.in front of your property, is that the road goes right smack through the area that was given to you as a conditional lease. And I'm not sure if at the time that lease was issued that, that permission to use that portion of the ground was issued, full consideration was given to the fact that that road didn't go right smack through there... MEASLES: Yes, it was... BOOKEY: Yes, it was... WILLIAMS: Full use? I just don't remember. All right. GRAVES: It says that in the lease... WILLIAMS: I think.that ah, that's right, it is. I recall that now. There is the issue of that road through.there. But I think • that's the part that's the stickiest part of a11.. That road goes right smack through where he intends to do a groat deal of his : work. Physical work to load the.aircraft. He's got a transition ah, his materials from his property to the aircraft acroee the special leased area and across that road. And there are times,. and I've seen pictures, when materials are parked.across that road, either intentionally or unintentionally, but materials get. parked across that road and block that road. When that occurs that, it creates a great concern to the Airport Manager because the road designated is then blocked off. The question is, does that road have to be right there? Can the road go around the outside rather than go right through the middle. That's the main question. PITTS: The road can be anywhere you want it. Itts the City's property. The City can do whatever it wants;. The'FAA, that was already a part... WILLIAMS: That's ah, that's where I say, that's where I say... PITTS: ...that has already been a Tt.outside art of the solution. We pounded that out before. Hey, run of us, Mr.. Ernst was against that. WILLIAMS: All right. That's facilities engineer down here. airport design. Separate the where I say let's bring the FAA Somebody with expertise in two issues of the City versus the • RENAI CITY FEBRUARY 2, PAGE as COUNCIL MEETING MINUTES 1994 lessees, the management versus the operators and bring that third party in and let them take.a look at it and let them say it would be a better idea to do it this way instead of that way and will go forward. • PITTS: That's ah, that's a , terrific suggestion. I am in full, agreement with that.. I have.no-probl'em with that. WILLIAMS: Councilman Measles, MEASLES: Just a couple of comments. Again, as I read ah, Mr. Everts' letter, his biggest concern is room for staging his cargo. This is not going to.soive that concern. BOOKEY: That's right. PITTS: Well, right now, after ah, after pulling our tanks out of the ground, we found contamination from ah presvious .. of l.. spills . it Ah, some of it ah, was, incipient ahhh fuel that had been dropped by us. Some of it had been'spilled an our property by other companies. Ah, other fuel.companies that ah we have documented spills for. We have ah, we have taken it upon ourselves to Clean this up and that's what we"re'doing and right now we have ah, we have ah, a six hundred yard hole.in the' in the.middle of our, our ramp area that we lease,. ah, that ah, we were hoping to address this, well, which we will address this spring. And ah, and ah, clean up. It's something, I know the City has a lot of experience with. Ah, and that, of course, limits our, our, our loading area. Ah, Mr. Everts is ah, he mentions, ah, he's.locked at that property next door to us. He would love to lease that property next door to us. Ah, but the, the amount of'fill that it would take ah, to ah, to fill the hole in that's there and to clear'the property, is ah, is financially unfeasible for him to do. Ah, it's not like us. We were, when we first moved out there, ah, twelve lears ago, we never had these. kinds of problems.. ate just, we ust did our busine'an,and the city says "great, go, go for it." Ah, ah, we have new management now. -We have ah, things have happened down the road. We cleared the trees. We filled,the property in. We've invested. the money. That's why I say, we've got a tremendous investment out there that we've done ah, over a long period of time. And we're proud of that. But Mr. Everts' looking at it ah, by the numbers, ah, you know, he says, "hey, I can't afford to come in haul ah, soo • ICENAI CITY FEBRUARY 2, PAGE 23 COUNCIL MEETING MINUTES 1994 yards of of fill in there to make those lots useable for me and my, and my business." Ah, it doesn't make sense. Plus, you know, those lots are too small to bring an aircraft in and turn them around. There isn't enough room there. That's what the aircraft loading ramp is for. It's for loading and unloading aircraft. And that's, that's why.it's so big and so wide and ah, you know, that's what it's all about. But,.I agree with Mayor Williams' solution to this. Let's bring in a third party. Let's bring in the experts. Let's bring in the FAA to ah, there facilities design and lst.them give us a written opinion. I would, I would appreciate that. WILLIAMS: Councilman Measles, MEASLES: Just, I will continue ... Ah, I'm still not satisfied that this is going to solve the space for staging cargo and the fact that part of your lot is dug up.where contamination has run 10 you out of.space, is not the fault of the City of Kenai.- Itts not the fault of the Airport Manager.., PITTS: No, I know that... MEASLES: ...that you don't have space on the lot that you lease from us to do your business. You lease x-sized space to do a specific business and the terms.of the lease were spelled out clearly when you leased the property, That,has not changed. PITTS: Ka, I don't argue that... MEASLES: Okay, you're business has expanded, but you don't want to expand the size of your operation to accommodate your own business. Now there is no one in this room that's more interested in that airport than I an.. I've been on this Council for fifteen years. I'va been involved with the; Airport Commission off.and on since it, since its inception. But, if we give you everything you're asking for Dan,.every lessee at that airport is going to be in here wanting to give away the store . and... PITTS: Ray, all I'm asking.for is, is to load and unload in an area that I lease, in an area that I ah, that I insure... MEASLES: You don't... PITTS: ...that's all I'm asking. a • • KENAI CITY COUNCIL MEET FEBRUARY 2, 1994 PAGE 24 MEASLES: You don't lea PITTS: Well., i, i, I, MEASLES: You have at Sp PITTS: Okay... MEASLES: ...hat allows you to use that lamp, that ramp and that roadway to cross the roadway to get your aircraft loaded. PITTS Okay... MEASLES: It is not part of your property lease... PITTS: Okay, I, I agree with that. I don't have any problem with that. I'm not here to argue with you about that... MEASLES: Secondly, if we bring in a third party, he can,tell us anything.he wants to, but when he walks .away from here, he is not liable for anything that happens at that airport. we are. Right here at this table. PITTS: I, I would like to add my name to that list Ray. Ah,.I'm liable, personally, for whatever happens out at that airport and, and, and, everything that I own and everything that I built out there is liable and it's, it's►-, it's, my butt's on the line too here and, and bean Eichholtz and everyone of us that work out there and -a personal -relationship, our -butte are on the line. So, you know, our, our, I, I'm not going to argue about, you know, I'm looking for a solution here Ray... MEASLES: That's, that's part of your business Dan. That's a cost of doing.business. You're liability. I. -as a council person, am not willing to set here and put that liability on the citizens of -the City of Kenai. PITTS: well, sir, eliminate the road and there won't be any liability. MEASLES: The.road was already there, Dan. That road has been there. PITTS: Since 1986. MEASLES: That's right. • RENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1944 PAGE 25 • PITTS: Okay, live leased property long.before then. I've been operating long before then. WILLIAMS: Councilman Bookey has a comment. PITTS: Yes... BOOKEY: I just, I'd just like to say one thing and that's Dan, that, that you know, you got a Conditional Use Permit for five years. There's no guarantee what would happen, whether this Council was here or not, that the following council in five years says, you, Dan, no more, we're not going to give you a conditional permit. What are.you going to do with your business at that point? Causes that's a very viable thing that could happen and... PITTS: Well, if the Council sees it that way, I guess, t guess we're done Jinn, I guess were done. BOOKEY: But that's a possibility. You, you might not get another Conditional Use Permit on that... PITTS: Yeah, well we've... BOOKEY: You know, I, I'm like Raymond. I, when, when the business expands, that's not a condition for us to be involved in. That's, - that's .someth,ing that you and Xr. ,.wart need to discuss and decide on a bona fide financial stability whether it's going to -be worth -or not worth -to do- PITTS: Well, we can handle Mr. Everts' business when we get our hole filled up. Ah, we have plenty,of room Qn, on our lots to, to handle the trailers, the :cargo that comes and out of there., I mean, he'll bring in five cargo vans and we have property between the fuel business and the airport, I mean And,. and my freight facility out there to load and unload. We,have too room out there. Our only problem right now is. that we"ve.got a huge hole in the middle of our ramp.. if that wasn't there.,right now, ah,. Mr. Everts would have plenty of room for his cargo*' Now, he hasn't been down here in awhile and he`doesn't realize this. All he knows is what his,,. what his captain, who ah, who's been based down here for the last five years has told him. BOOKEY: And I mean, and, and you as one of his, as his agent should be... 0 ICENAI CITY COUAiCIL MEETING HINtTPEB FBBRUARY 2j 1994 PAGE 26 PITTS: Ah, ah,.excuse fie.'. BOOKEY: ...it's what your business should be, advising your customers of what's going on. PITTS: BOOKEY: road... PITTS: BOOKEY: PITTS: Okay, I, I.know... You can't put that to us. I'm not, I'm not, I'm not. And what I'm saying on that ...let me, let me finish here. Okay. BOOKEY: With, with the road and the access.going through there, you, under the Conditional Use Permit, you're authorized to close that road when you put a line. across there to fuel. aircraft. Right? PITTS: And load aircraft,'.ah, this is what I understand, That's the agreement I've :Wade with ah,.Mr. Mannino».... BOOKEY: And, and I don't have any problem with and i don't think the Airport Manager has any problem with that... PITTS: Well, he does, that's, that's the problem... . BOOKEY: Well, he doesn1t have a choice in that matter, if* if, if the... PITTS: Okay... BOOKEY: ...if the agreement says that you can close the road then that's, that's the agreement and that's something that's out and dried. PITTS: Okay.., BOOKEY: I'm just.saying that you, that you can avoid probably 75% of our problems here -if you will just, at, the time : of business you are open, have your people go out and spot those aircraft so that you don't have that wing five foot over that S .. y_ �.-�—.—.� •.'�'.__- '�.�.__..� �... _ - � ��_~ _.�.�_�.L��'..:�.— __. � _._.tee_ �1_� :.:�..-- �_- ._�.- KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1994 PAGE 27 thing. It's ridiculous that they're parking that close to the situation anyway. I mean, you can move them out another 20 feet and, and to me, it should, the majority of it go away. PITTS: I know. This, this all is, I'll be honest with you, this is all really ridiculous. It, it, it, it really defies common sense is what it does... BOOKEY: On both parties, on both parties, I'd like to see this... PITTS: (laughter) It really defies common sense because common sense you say, "you know, if we're blocking somebody, we'll get out of the way. Ah, if we're not, let us load our airplanes and our, in our area there and we'll put our cones up." And, and we try to do this. Umm, it's ah, it's not as who, who, who, who gets the situation out of control. I'll be honest with you. It's not our people that do... WILLIAMS: Mr. Pitts...(gaveled) PITTS: And... WILLIAMS: Moving along here. It appears as though there are a couple of things here that may be able to happen that might alleviate part of the situation. First of all, it's my understanding that once you get the work completed on your property, that is under contract or being worked on now, ah, there will be plenty of room to stage cargo ah, with regards -to ah, Everts problems. Second, it's my understanding, correct me if I'm wrong now, that you do have permission to close the road during the fueling of aircraft... END TAPE NO. 1/TAPE NO. 2 WILLIAMS: ...it appears that one of the major problems here then is the that the airplanes themselves when they come in to park, must swing across the road and block the road somewhat. That seems to be what the Airport Manager's biggest concern is. Would it be possible to use flexible -type markers, cones or flexible - type bright markers that bend easily, to identify and mark the perimeter outside boundary of that road, if you will, to allow, the operator of the aircraft to see where he's parking his plane so that he can keep it on the outside of the road without interfering with the space there. Maybe something like that could, could serve to help accommodate this issue... • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 28 PITTS: Our, our, our crews have been instructed, that when they're loading and unloading aircraft and, and cargo is fuel, cargo is everything that we do.out there.. Ah, it's, it's loading ah, couches, groceries, it's loading everything. our, our crews have been instructed to put the cones out there. Ah, and block. the road so that there's no problem.. We have .never had a complaint from any of the other airport users about us denying them any access or blocking their movement back and forth on the airport. WILLIAMS: Okay. Let as ask the Airport Manager a question. Have you had complaints from any other users about Mr. Pitts blocking the road? ERNST: Ah, no. No, I haven't... BOOKEY: Mr. Mayor.., ERNST: But I do want to make one point clear here, isthe Special Use Permit was granted to Mr. Pitts or Kenai Airport Fuel Services for the loading of bulk fuel. And. it very specifically says it's not to be blocked during -,dry cargo loading of aircraft. WILLIAMS: And I understand that... ERNST: Okay, well, and that's the difference.. Mr. Pitts is lumping them together and that 'a not the case. - Ah, when. the dry cargo plane comes in, there's plenty of room on the ramp. They've, over the last, for the last two days, they Iva, been - in and out of there a dozen times and they've managed to stay out of the roadway and they're even in a tanker configuration which is"being loaded with a truck at this point because their facility isn't on line yet. Um, and that's all, all I'ask is that when they're. loading dry cargo, don't block the roadway with the aircraft or with the dry cargo. WILLIAMS: Is that the understanding that you have that your dry cargo does not fit in the same category as fuel. when it comes to blocking the road? PITTS: Ah, that is not quite the way.,I had... WILLIAMS: And now maybe we're getting down to the basis of this thing. Could you tell me exactly what you... • �i KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 2, 1994 PAGE 29 MANNINEN: Excuse me your honor. We, we did go over that in our meeting last week and that, that was a point of contention that ah, I said I would talk with the Airport Manager and 1, and I did. He read right from the Special Use Permit now, and, and ah, what he read is correct and you're allowed to both fuel load and dry cargo load, but you only can block the road with the fuel, loading and not the dry cargo loading. Now, we went over that because ah, we reviewed the Special Use Permit and, and I thought we were in agreement that that was the case. And ah, I applaud your persistence. I don't know if ah, if ah, I've seen anybody that is quite a single issue for a whole year and still is up here ah, ah.-frying to bang on getting his way when, when ah, clearly, I think, it's a loser because the road was there, and because it's your responsibility to abide by the lease and by your Special Use Permit. You got, you got a special opportunity that nobody else on the airport has. And all you have to do is abide by the, the lease that you have and the special permit that you have. PITTS: Tom, Tom, we, we, we try our darndest not to create any conflict, but as I said, this road is covered with snow six months out of the year. You've got a, you've got a captain in an aircraft that's 20 feet in the air and he's got a wing tip that has a wing span of 100 feet and when he pulls in there, there may be someone there to greet him, there may not be someone there to greet him. The guy has made a thousand trips into Kenai. He knows where his spot is and where he parks. But, for Mr. Ernst to drive out there with his lights flashing and to, and to position himself in front of a forklift that's loading an aircraft and get out and shake his fist at the guy, that, that's uncalled for. And, you know, there, there are simpler ways to, and, and, how do you see the road in the first place. I watched the Assistant Airport Manager out there with a, with a 9-88 dozer or a front-end loader, trying to scrape the ice off to see the line so that somebody could see it. It didn't work. You can't scrape the ice clean to see the road underneath it. So we have a problem and it takes a little bit of ah, understanding from the. Airport Manager and a little understanding from the crews to, hey, we can't get it right perfect every time. That's where the conflict arises. WILLIAMS: All right. Councilwoman Swarner, SWARNER: Okay, do I understand um, City Manager that for fuel, for fuel loading they could park closer to the building? • 46, KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1994 PAGE 30 MEASLES, MANNINEN: No. SWARNER: Okay, they can block the roadway. And for other cargo, they should park farther away? MANNINEN: No. They, they cannot block the roadway with dry cargo loads, but they can with the fuel loads according to the Special Use Permit approved in April last year. SWARNER: Okay, so then would it be appropriate then for Mr. Pitts to instruct his customers in where to park. I mean this is getting really ridiculous talking about this some much tonight. WILLIAMS: Well, I'm allowing some extra time to discuss this matter in hopes that we can resolve the issue or find a way to resolve it. If it hadn't been an early evening tonight, I wouldn't have allowed so much time to take place. But, according to the City Manager's letter to Mr. Pitts, it, it's clearly spelled out what he has the right to do and not, to do in that area. I think the main problem that still exists, is the roadway and the interference of the roadway by blocking.due to two things. One, the aircraft parking over it and two, dry cargo blocking it during the loading process. Ah, I think, as I said before, I think that marking of the road, if the road, if it's, if it's absolutely mandatory that that road stay there, the road can be identified by flexible markers so that the planes know where to park and don't park there.- The issue of loading fuel is clear cut. You can block that road off and you can fuel those planes within a reasonable amount of time. The issue of loading cargo is something that cannot seem to be' reasonably adjusted so that it fits the needs of either party and that's how do you load cargo without at some times blocking the. road. Ah, and I don't know how you're going to overcome that problem. Once in a while it appears that it's necessary for him to block the road in order to get all the cargo back and forth. Or else he has to transition from his lot to the aircraft immediately without blocking the road. PITTS: That, that, that, that is exactly how, you have a very good concept of what the problem is. That's what I hear from the captain, "hey, when I'm staging my cargo, I'm, I'm moving it. I'm loading the aircraft. It's dropped here and I'm loading it right on the aircraft." And he, and they do try to keep the roadway open. That is there intention. . RENAI CITY FEBRUARY 2, GAGE 31 WILLIAMS: cargo? COUNCIL MEETING MINUTES 1994 Is it necessary at any time to block the road with dry PITTS: Occasionally it is. It just depends on what, what the size of the cargo is they, they're moving and how bulky it is and how they stage it into the aircraft. And those kind of things take understanding by our Airport Manager and, that, that's the crux of the problem. Occasionally it gets blocked. it doesn't happen all the time and they, they don't want a confrontation out there, It's ah, it's not in their best interest. it's in nobody's best interest. WILLIAMS: All right. Mr. Pitts, there's another gentleman here that wishes to address us. We'll have him come forward. PITTS: Thanks. 40 BANNOCK: Mr. Mayor, if I just, if I could as a airport administration in regards to your theory. There of the shaking of heads over there that I don't think necessarily. agree with.that and I'm wondering if they could give us their. Opinion of Mr. Mayor's theory, • ERNST: There is no reason that dry cargo should have to block the road. There's enough room on either side of the 'road to stack that cargo before the aircraft comes. It can the east side of the road and when the aircraft comes,, if stheed to Parke out far enough, which ironically, in the last three days, they've more than adequately stayed out of the roadway, and the road markings have not changed. I mean And I'll, I'm here to tell � You can t see the road. enough, you know, to discern whatoisiawhattismallowablels easy there for someone to get by you. space The point is, I've been around aircraft since 1968 when we were loading up north. It can bedone.To say that it can't be done is ridiculous. You know, it,s, it,s want to abide by the regulation and that'sust tnot toeblockt donut We've given them a Special Uae Permit to do it when they're bulk • fueling and even that hasn't been lived up to because they were. supposed to put up barricades. And we have a meeting with them' and with their attorney and that's how we arrived at the special Use Permit. As a matter of fact, we had a meeting to determine the exact .amount of time that they can block the road and that has been determined to be two hours. • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1994 PAGE 32 • • Now the load that was in question the other day had been there over the weekend. It was there when I left on Friday and it was there when I came back on Monday. And that's in the dark. There, the roadway's dark in the wintertime and it just causes a problem. And, you know, this airport is unique in that when we park, we park parallel to the ramp. We don't park perpendicular to the ramp like Anchorage does or like Fairbanks does. We don't park up against our terminal building. We park parallel to it. So it only makes it a logical place to put the road is parallel to the ramp. The other ones have. You know, we don't have jets. Anchorage has, has their jetways and that obviously is blocking that area between the terminal and the aircraft. So they do run their roads outside behind the, the ah, aircraft. It would be ludicrous for us to put a road outside our aircraft because at each lessee's property, at one point or another, you'd have to have some kind of a roadway going out to the roadway that.in fact could be done right at, at the lessee's property line. It's just that, I just don't understand why it is so difficult to just comply with the regulations. It's just as easy for them to park out as it is to park close and to take their forklift and to drive it from their property to the plane. It's not a problem. And I don't, I also want Mr. Pitts to know that I don't go yelling and screaming. Mr. Pitts, by the way, wasn't there the last time, and I did not rise my hand. And yes, Mr. Eichholtz was there and he, and I'm sure he saw me raising my hand and yelling and screaming as they say. And that's just not true. WILLIAMS: All right. Mr. Eichholtz. EICHHOLTZ: Hello, I'm Dean Eichholtz. Vice president of. Kenai Airport Fuel Service and I think this whole discussion's getting a little bit off of track here. I don't think we came here to discuss the roadway per se. Yes, we do appreciate the fact that maybe would get somebody as a third party to look into this situation because of the road, the roadway which becomes a bone of contention out there many times. There's things that I'd just like to point out to hopefully straighten everything out and that is, one, things do change. You do have a set of airport regulations out there at that airport that does need to be reviewed. At times, things do require some changes. There are still regulations in there that state all my student pilots who . KENAI CITY FEBRUARY 2, PAGE 33 COUNCIL MEETING MINUTES 1994 supposed to have a sign -off from a Flight Service Station briefer prior to soloing an aircraft at that airport. There's no longer even a Flight Service Station located on that airport. There are things that need to. -be reviewed and checked. Times do change. The aircraft are getting larger. There's,a KC-97 at the airport at the present time. It cannot park without the tail of that airplane impeding on that particular roadway. It cannot do that without going across the active line of that runway, or the taxiway. It cannot physically do that. The Assistant Airport Manager taxied a C-130 out there in front of our place this previous springtime. It cannot park without the wing -tip being completely over that roadway. That was okay at that particular time. There's got to be some workable solutions. We've got to have somebody at the airport that can reason when things do change. • When we have cargo and one of.the, one.of..the pictures that you stated there that had some cargo that was blocking the roadway. The, beams that were out there, were 20 feet long.' Took a lot of. work to put them inIan.airplane. t You couldn'far enough, the airplane far enough forward, and then move the cargo'out onto the ramp area to not block that particular roadway. Why would we want to? WILLIAMS: I think the whole.... EICHHOLTZ: on that particular point-. If you looked on down the roadway, there's a KC-97 whose tail was over.that same roadway. It's not a, it's just got to be workableit's got to be, "gee, what, what are you loading here? Does it seem to be a problem." Make sure that there's cones out. Make sure that the roadway is blocked. Let us load that particular cargo. We're not trying.to say, "hey, we want to pull. in there.." The best.place for us to be would be to not have traffic driving between where a forklift is driving between, between vehicles and out and onto the ramp area. I agree wholeheartedly.that'the airplane should.be moved in closer to the, toward the freight offices toward the loading area and let the, let the traffic go around.them. To have vehicle traffic between where we're running forklifts, and I'm talking everyone, ERA, DHL, ah, MarkAir, and the. -aircraft, which has to run back and forth the roadway, across the roadway, does not seem to me to be in good common sense. Something -that ah, that should maybe looked at. • KSNAI CITY FBHRUARY 2, PAGE 34 COUNCIL MEETING MINUTES 1994 Ah, one thing that the Mayor mentioned and that is the aircraft can't get on the property. It's something that we discussed when we got this Special Use Permit. The aircraft are large aircraft that we deal with in the fuel business and with some of the cargo loading. Well, that is what the air, the ramp area is for. This city does collect landing fees, parking fees, for those particular airplanes. The cargo that ah, Dan had mentioned, that was loaded into those airplanes, the City is getting 3% on, on the taxes of what the dry cargo that's being loaded into that airplane. It's gaining tax on the air, on the fuel that's put into that airplane. Those are things that I would hate to see the City of Kenai would lose so far as the revenue. Those are important items and I see, more often than not, that we keep losing businesses that are going to Nikiski. That are going to Soldotna because of some of these conflicts that somebody has inadvertently blocked the roadway. Ah, it's happened with Lake Clark Air. It's happened with to several other, other folks. It's not that anybody's doing it intentionally. They don't recognize that when they come in fromo. from Lake Clark. They don't recognize it when they come in from Anchorage. But we need to have more of a spirit of cooperation and that is what Mr. Pitts was asking for. That's what I'm asking for. We need a spirit of cooperation out here when somebody does taxi an airplane in and, and, blocks this roadway. It is not something that is a roadway that is Willow Street. I would appreciate the fact that the people that drive out there. on that airport are trained individuals. It's not, there's not just a bunch of renegades that are out there on a Sunday drive going up and down a road that's like Willow Street or any other street, Forest Drive. okay? WILLIAMS: Thank you. Thank you. Yes. MEASLES: I would like to make just one last comment. I've heard a lot of bashing and moaning and groaning about the Airport Manager and the way people are treated out there. The bottom . line is this City Council said leave the roadway in and this City Council approved the conditions of your lease and your Special Use Permit. in my mind, the Airport Manager, regardless of who he is, does not have the authority to allow anything outside of those conditions to exist at that airport. So your argument is. not with the Airport Manager, it is with this City Council. . RENAI CITY COUNCIL MEETING MINUTES FEBROARY 2o 1994 PAGE 35 And, if after the third party comes in and looks at that, this Council still may not move that roadway. And I'm getting tired of hearing this bull about how bad the Airport Manager's treating you out there. EICHHOLTZ: It's not only myself, it's all of the businesses that... MEASLES: I'm getting tired of hearing that garbage toolll 0 WILLIAMS: Well, okay...We ah, we'll wind this thing up by saying we know we've still got a problem. However... BOOKEY: Mr. Mayor. We do not have problem if they will just move those aircraft off that road and a little cooperation on both sides is going to go a long way to finish this. WILLIAMS: I, I think we realize that. I think we realize that. We've got to do that. All right. You can operate within the guidelines of your permit if you cannot block the roadway for excessive amounts of time while fueling. If it's at all possible to arrange to load cargo without blocking the roadway, then you'll be within the limits of your permit. The only other thine that I can say is that, necessary if you can put up some flexible markers of some sort to mark the line to show where it's at. The issue of whether the road shall be moved, or should be moved or not, is something ah, that can be looked at and examined now and I hope it will be and a determination made whether or not that would be the proper thing to do or whether it would only cause more commotion. All right. We've given this issue a great deal of time this evening and I did that purposely because I felt as though there. was a lot of verbalizing that had to be aired here and gotten on the table but it's time to move on to other areas. So thank you very much for your talking to us this evening. PITTS: Thanks for your time. J-2. council MOTION: Councilman Smalley MOVED to convene in executive session of the city council, upstairs, and have Mr. Manninen available, to . KENAI CITY FEBRUARY 2, PAGE 36 • • COUNCIL MEETING MINUTES 1994 discuss a matter which by law or Charter or ordinance requires to be confidential. Councilwoman Swarner BECONDED the motion. There were no objections. 60 ORDBRBD, BREAK= 6 s S9 P,M, BACK TO ORDER: 10825 P,M, Councilman Measles stated for the record the purpose of the executive session was to give a six-month evaluation of Mr. Tom Manninen in his job as city manager. Rather than doing a written evaluation, Council felt it was better at this point, due to the short time he has been working for the city, to do a verbal evaluation. It was the general consensus of the Council that in this time, Manninen has performed satisfactorily or above satisfactorily and Council feels Manninen is doing a good job. Council gave Manninen direction to continue in the way he is going. Council will give more direction to Manninen after the goals and objectives have been established over the next weeks, Williams stated he will not be attending the next council meeting. vice -Mayor Measles stated he would not be in attendance either. Councilman Bookey stated he may be out-of-town as well. Councilwoman Monfor will act as Mayor pro temp at the March 2, 1994 meeting. Smalley stated he would not be in attendance at the February 23 Planning & Zoning Commission meeting and requested Councilman Bannock to attend in his place. Bannock will attend. Monfor, referring to Eichholtz and Pitts' remarks about airport businesses leaving the airport, how many have left. Manninen stated he has asked them for a written list in two of his meetings with them. They still have not supplied the list. Bookey stated he spoke with Pitts at the break. Bookey reported Pitts stated he is not mad at the Council. Pitts felt it was a good meeting. Maybe some personalities on both sides can give. The chief pilot for Everts was in the audience and heard a portion of the discussion. Pitts stated he thought it was ggood for him to know the Council has been pushed as much as it w311 be pushed. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21 1994 PAGE 37 I -TWA as ADJOORNl�E The meeting adjourned at approximately 10:30 p.m. Minutes transcribed and submitted by: s •