Loading...
HomeMy WebLinkAbout1981-08-26 Council Minutes - Special Meeting0CITY //'� OF aja4W aj K E NAA I ►, O• SOX W KEMA1, A&ASXA 99611 DiOT'SCE OF SPECIAL t*ZT= ((JMN=) There will be a special lmeting of the Kenai City Council on 41e&zsday, August 26, 1981 at 1:00 PH at the City Administration SW lding Council Owbers. To be discuss©ds 1. SeaAir Application for Te=dnal use 2. M Ihtter Pegarding Terminal We 3. City Attmmy Vt o to Council Cow.,=inq Circumstances of Bidding for City Laud anst t , City Clerk August 24, 1981 R � � KENAI CITY COUNCIL - SPECIAL MEETING, MINUTES AUGUST 26, 1981 - 7:00 PM KENAI PUBLIC SAFETY BUILDING MAYOR wnciti-T O' REnLY PRESIDING PLEDGE OF ALLEGIANCE A. ROIL CALL Presents Dick Mueller, Tom Wagoner, Vincent O'Reilly, Betty Glick, Jess Hall, Ron Malston, Ray Measles Absents None AGENDA APPROVAL B. DISCUSSION ITEMS B-I SeaAir Application for Terminal Use City Manager Brighton essplainad Council had 2 diagrams of the terminal building and counter. SeaAir would be amenable to the suggestion as submitted. The bear and machines have been removed. That gave us 50 sq. ft. addition -a! space. That will give us 5 ft. less than was used before. Alaska Airlines has not given us an answer regarding space, but his opinion is they do not want it. But it was designed for them to be there. Mayor O'Reilly asked Airport Manager Swalley, what is the situation regarding the ramp? Mr. Swalley replied at the present time, the high peak of activity is around the Wien arrival. There are 3 to 4 on the runway, including Wien. SeaAir manages to pull out when Wien arrives. They will schedule theirs around Wien flights. Mayor O'Reilly asked if there was congestion in the terminal. Mr. Swalley replied we are still in the peak of the traffic period. It is still congested. There are upwards of 100 to 150 at one time. Mayor O'Reilly asked, where will be baggage be put? Mr. Swalley replied, in front of the counter. Mayor O'Reilly asked, wiii it increase the chance of pilferage? Mr. Swalley replied, that is always present, it would depend on how the managers do their business. Councilwoman Glick asked, did he discuss with SeaAir if they would be increasing their flights? City Manager Brighton replied, they would remain at status quo at present. Councilwoman Glick asked Mr. Swalley, do people use the waiting areas in front? Mr. Swalley replied yes. Atty. Rick Baldwin spoke. He reviewed the Alaska Building Code and noted the City of Kenai also has a building code. He suggested the building codes should be consulted before building. His research indicates the City will be violating the Code. The Fire Marshall says the occupancy load is 176, without KENAI CITY COUNCIL ,a AUGUST 26, 1991 Page 2 the baggage area, it is 161, He counted 150 people on July 15, 1981. SouthCentral, AAI and Mien came in within 20 minutes, SouthCentral has 18 on a full load, in and out; AAI has 19 on a 'Lull load, in and out; Mien has 119. That is a total of 151. With a factor of those working in the terminal and those seeing people off, the total was 219. That is ex- ceeding the load. Mriyor O'Reilly asked, would another airline clear out the terminal quicker? Atty. Baldwin replied he didn't see why. Dave Diamond, SouthCentral Air, asked Atty. Baldwin, did he check on the main ramp doors? These exits are locked. Atty. Baldwin replied the Fire Marshall said those doors are legal. L, r•lKe1 Councilman Mueller moved, seconded by Councilwoman Glick, that we proceed to lease space to SeaAir. Councilman Mueller said he would question Atty. Baldwin on his figures. Of the 146 passengers, approximately 36 are local commuter passengers that do not have people meeting them. A large portion of Wien would be continuing on. Very few people say goodbye to people going to Anchorage for a short trip. Council- woman Glick said there are other times when the area is crowded other than Wien is flying. The bar is very crowded. Also people are coming and going all the time, they are not staying there. Which is worse, violating the Building Code or violating FAA require- ments by not giving spaces? Also, the FAA has not taken into consideration when the item started dis- cussion, we did not grant or deny space, we just post- poned action. we were trying to act in a prudent manner. Vice Mayor Glick took the chair. Mayor O'Reilly said he will vote no. Balancing many factors, the practicality of resolving quickly, we are not facing the question of who is running the airport. If we gave in at this point, we would have to give in to future points. In view of the fact, he would make an amendment. MOTION, Amendments Mayor O'Reilly moved, seconded by Councilman Measles, to ask for a 60 day extension in order to square what is boing proposed with the Uniform Building Code. Mayor O'Reilly explained, the purpose is - we have ul KENAI CITY COUNCIL AUGUST 26, 1981 Page 3 Spent much time on this matter. We have made every effort to satisfy businesses. A 60 day extension is not unreasonable. Councilman Hall asked, during the 60 day extension, Administration will discuss this with the FAA? Mayor O'Reilly replied yes. Airport Manager Swalley said he assumed Atty. Baldwin was speaking terminal area, excluding bar, offices, etc. He thought the limit was 13 ft. per person, not 15 as Atty. Baldwin had stated. Including SeaAir and Alaska Airlines, we would still have 3,000 sq. ft., or 200 persons, provided that all operators are operating at peak efficiency. He thought it was 13 people, and 7 sitting. Mayor O'Reilly asked Mr. Swalley if he had checked with the Fire Marshall, i Mr. Swalley replied no. Mayor O'Reilly said Council should be aware that representatives from Rep. Young's office met with Administration and others. It would be his intention to monitor FAA as to how they pay FAA funds. He would ask that they set aside funds till this is settled to make sure we don't lose funds due to FAA action. Councilman Mueller asked, if FAA refuses, then what? Councilwoman Glick said this would be before us at the Sept. 21 1991 meeting. We have an Aug.31, 1981 deadline, perhaps they would grant us a 2 day extension. Councilman Wagoner noted in this whole scenario, FAA has never put a cent into the terminal, it was either the State or the City. He will vote against the motion. VOTE, Amendments Motion passed unanimously by roll call vote. =' �} VOTE, Main Motion with Amendments Motion passed unanimously by roll call vote. ! Mayor O'Reilly resumed tha chair. Mayor O'Reilly asked Administration to contact Robin Strickland as soon as possible and inform 'f Council as soon as possibles and convey to FAA regarding ADAP fundinq that we expect our share to be set aside. Councilman wagoner said we should not ask them to set aside funds, we are say- ing they are right but we can't pay them at this time. Mayor O'Reilly replied, okay. 8-2 FAA Letter Regarding Terminal Use =:} Council agreed this had been handled under item r c M KENAI CITY COUNCIL AUGUST 26, 1981 Page 4 Councilwoman Glick asked if there was any action necessary on the memo regarding a sign. Mayor O'Reilly asked if we have sign space at the term- inal in a highly visible location. Airport Manager Swalley replied as to lease space available, no. But at the direction of Council, space can be made, beside the vending machines, on the windows of the restaurant, or hanging signs. Councilwoman Glick asked, do they still have a cooperative agreement with Dollar -Rent-A-Car? Mr. Swalley replied till Aug. 31, 1981. E-3 City Attorney Memo to Council Concerning circum- stances of Bidding for City Land Councilwoman Glick said we have before us this ever.- ing a Court decision. Has any action been taken by the City? Atty. Delahay replied this is a pre- liminary injunction taken by the Court. The letter from Mr. Prykholm had to be turned over to the news- paper, this has been done. But the memo from the attorney did not have to be turned over. He requested an executive seession. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adjourn to executive session. Atty. Baldwin asked the reason. Atty. Delahay replied, the immediate knowledge of which would clearly have an adverse effect on the finances of the governmental unit. MOTION, Addendums Counncilwoman Glick, with consent of second, added to the motion, "because the immediate knowledge of which would clearly have an adverse effect on the finances of the governmental unit." Vice Mayor Glick assumed the chair. Mayor O'Reilly asked Atty. Delahay, is he led to believe that we are faced with a lawsuit? Nothing else wou14 affect the finances of the City. Atty. Delahay replied, we are getting into an area where if there is any discussion you might as well forget J the executive session. b I i rf `1 A KENAI CITY COUNCIL AUGUST 26, 1991 Page S VOTES jMotion passed, with Councilmen Mueller, Wagoner, Malston, Measles, Councilwoman Glick voting yes; Mayor O'Reilly, Councilman Hall voting no. Mayor O'Reilly resumed the chair. Council adjourned to executive session. MOTIONs Councilwoman Glick moved, seconded by Councilman Malston, that what was discussed was information between Attorney and client of possible legal liability, the status of the City in the future, and the status of the memo. it is moot at this time. The Court has settled this. The Council will adhere to Court action. Vice Mayor Glick took the chair. MOTION, Amendments Mayor O'Reilly moved that the memo from Atty. Delahay be referred to the District Attorney ask- ing for advise from that office as to whether there was tampering with bidding of City lands. Motion died for lack of a second. MOTION, Amendments Mayor O'Reilly moved to ask for the resignation of the City Attorney. Motion died for lack of a second. Mayor O'Reilly resumed the chair. Mayor O'Reilly said he does not share with the report of the executive session. He does not hold that their views were formed by formal or informal poll. Lacking any means to express to Council of what- he hoped would be to clear this in a reasonable manner, removing the memo from an erroneous impression and putting the memo into methods that can be cleared, He does not share that this will go away easily. He hoped to settle this in a positive way, any City Council involvement. Councilwoman Glick said this �.a 0 KENAI CITY COUNCIL, AUGUST 26, 1981 Page 6 was brought before us at the Aug. 5, 1981 meeting when an executive session was requested. Council decided not to, The City Attorney sent a memo before the last Council meeting, at which time it was made public. We. have all answered questions. Upon further review, this memo is nothing more than an opinion by the City Atty. He is paid to iv 4, -Facts legal opinions. He has set forth as he saw them. It is nothing more or less than Atty. Baldwin would do. The question is moot. The Court chose not to make the memo available, Mayor O'Reilly asked Atty. Delahay, was it brought to Court that this would be on the agenda tonight? Atty. Delahay replied yes, The timing was to grant the City till 3s00 Tuesday to appeal the matter. He informed the Court of the meeting. The Court said you don't have to go to Council. He believed he brought out to Court that it would be on the agenda. At the time he did not have a copy of the agenda with addition. Mayor O'Reilly said perhaps without a Court order, the memo would be released, was this said? Atty. Delahay replied, no. The memo was declared as privileged information between Attorney and client. VOTEs Motion passed, with Mayor O'Reilly voting no. ADJOURNMENTs MOTIONS Councilman Malston moved, seconded by Councilman Wagoner, that the meeting be adjourned. Motion passed unanimously by roll call vote. Meeting adjourned at 800 PM. net wHelan, city clerk w