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HomeMy WebLinkAbout1981-08-30/31 Council Minutes - Special Meetingi KENAI CITY COUNCIL - SPECIAL MEETING, M13UTES AUGUST 30, 1981, 6:00 PM, MAYOR VINCENT O'REILLY PRESIDING AUGUST 31, 19$1. S-nn pry; yTCw aavng AAn�r'l rzr.zrrf pgvg7nTrl[: KENAI CITY ADMINISTRATION BUTLDTXG AUGUST 30, 1981s Call to Order Presents Tom Wagoner, Vincent O'Reilly, Betty Glick, Ron Ma ston, Ray Measles, Dick Mueller Absents Jess Hall 1. FAA/SeaAir Lease Mayor O'Reilly reviewed the letter from City Manager Brighton regarding the 60 day extension. MOTIONS i Councilman Wagoner moved, seconded by Councilwoman Glick, for the City Council to authorize Administration to enter into a lease with SeaAir for proposed space in the terminal. Councilman Wagoner said he is going to vote against the motion. We spend 50% to 60% of our time on airport related items. we are providing adminis- trative services to operate the land program and airport for the Federal Govt. The City should enter into negotiations with FAA to give the airport terminal and lands back. If you looked at the total City budget and amount of time on the airport, we would all be surprised. Atty. Rick Baldwin spoke. He wished to reply to the memos of Airport Manager Swalley and City Manager Brighton, the point he made was the City would be in violation of the building code. Nothing in these memos changes that fact. 1. Airport Manager Swalley's interpretation was different from the Fire Marshall's. The Code says the decision of the Fire Marshall is final. 2. The Concorde Restaurant was left out. But these people come into the terminal. Councilman Malston asked, by adding spaces fnr SeaAir, you assume there would be more people fly- ing? Atty. Delahay replied, no. SeaAir says they will be adding additional people, but he doesn't buy that. Airport Manager Swalley spoke. He said when the Fire Marshall resurveys, he will chango the totals. Based on the exits, the terminal can accomodate 500 people, we will never achieve that kind of occupancy load. Atty. Baldwin said our duty is to the citizens of Kenai, not to SeaAir or FAA. we have a duty to secure funds from FAA. We can get these by knuckling under or with legal action. Before we decide to take someone on, we will have to decide if we will win. Within the terminal floor building, there is a lack of available space. The City is not denying space. FAA said the City is not denying space to SeaAir. The follow-up memos from FAA only indicate they are not pleased but with no suggestions. The time frame they tried to cram down our throats was very short. The City attempted to reply. The City a P f KEUAI CITY COUNCIL, 9PPXIAL 14BET1116 AUGUST 10, i981 Page 2 �._ needs relief at thin point. Hiss suggestion ir, to -, appxy, a temporary restraining order to attsmpt to maintain the status quo while we resolve the problem, Mayor O'Reilly asked, could that cover prioritizing of ADAP funds? Atty, Baldwin replied, you could try that. The City is #7 on the list, fie would think the Judge would grant that relief. FAA cannot take the City off without a reason. The City shoulds 1, Get a Court Order restraing funds already committed by FAA. 2. AB;k the Court to restrain FAA from removing the City from FY 01-82 funds. a , Atty, Baldwin continued, the City has 30 days before the beginning of the nest Fiscal Year. That should be plenty of time to got a restraining order and still capitulate if this won't work. FAA has to prove the City violated the exclusive rights clause 4 of the lease, or they have to show the City violated 9 the grant agreement. If we let them in and build a counter, we are violating our building code. The City has worked long a hard for this. If they s capitulate now, all this if for naught. The FAA %v is wrong, the Cityis right. There exists a remedy that will not onldo this City a justice, but 4 other communities around the nation. City Manager Brighton said the good faith contracts - were made with those funds, buttes long as we eo n.All with the rules. Councilman Wagoner said we have in a S writing that we are in compliance, Atty. Oelahay noted this was an interim decision, it we go along, they will appoint a hearing examiner, and he may not get such findings. They may even go against past funds secured. Wo may be liable from receipt of contracts. He addedA the temporary rostra ng order is not importan we still have 30 days They don't have to make a decision till the end of Dec. anyway, Councilman Malston asked, if we do not 4� make a favorable decision tonight (8-30-81), they could take the funds available to us tomorrow and distribute them elsewhere? Atty, Delahay replied he cannot answer. If they have made their alloca- tion, then Atty. Baldwin's argument is valid. If they have not made a final decision, he cannot see &0. a where the Court would or PAR a to follow, Councilman Malston noted we are the keeper of the funds for the people of Kenai, It would not be prudent to gamble with City funds, Councilman Wagoner replied we do not know if we a• are getting 0500#000 if we do comply. Council- man Malston said ;ie could live without the funds, d What bothers him is the funds that we already have coming to us and future funds for other purposes. d Mayor O'Reilly asked, isn't the State involved in allocation of funds? Airport Manager Swalley re- plied, yes. The State has the right to prioritize, 'Ar$O0 * in d but with concurrence of FAA. If any Statello 3 non-complianco, FAA has the right to withdraw findings- Councilman Wagoner said the only way we are ,I going to find out whether we are in compliance or N 9 not is by having a hearing. He felt we were in d compliance, why should we be thinking we are in v non-complianco? Atty. Delahay agreed, stating there was no indication they would yv against funds al- ready allocated, lie added, if, this is to go to a hearing, he would ouggent spacial counsel for it. There is some money in the Attorney's budget, but it is not sufficient if it g9Qs beyond the hearing stage. Mayor O'Reilly arcked Airport Manger Swalley, w-V Arolwll KEUAI CITY COUNCIL, SPECIAL MEETING AUGUST 30, 1981 Page 3 if we don't get the equipment, are we running excess hazard? yr. Swalley replied, he didn't know, but he noted it would take over a year to get the equip. Mayor O'Reilly asked if Council had seen the $7 Million grant application. Mr. Swalley replied, most of them have been reviewed by the Council. Councilwoman Glick said, when we first got the airport, there were people with some foresight. All the time we have depended on FAA funds. Our relationship with FAA has been varied, but it has improved. It is commendable to say, let's give it back to FAA, but she still goes back to the foresight of the people before us. Are we willing to go against that? We also have to remember the importance ::f the airport. Also, Atty. Baldwin is making argumeists and makes good points, but he is representing a client. SeaAir has been operating and has not created a problem. She is not concerned with whether we are getting funding, but how it will affect the City. It is a hard pill to swallow, but we should pick our own time and place to pick a fight with FAA. We have __.AaJhgjUthe legislative route, perhaps we should follow that. We should look at where the airport has been, where it is now, and the future of the airport. Councilman Wagoner said not giving space to SeaAir was not due to congestion but due to the problems of renovation, He noted it will also raise the costs of renovation. VOTE s Motion failed, with Councilwoman Glick, Councilmen Malston, Mueller voting yes; Councilmen Wagoner, Measles, Mayor O'Reilly voting no. Councilman Measles asked Atty. Delahay, the deadline is tomorrow (8-31-01), would a temporary restraining order push that back? Atty. Delahay replied, he is not sure what that means. That was just to get in compliance. The important deadline is Sept. 30, when the funds are released. MOTION s Councilman Measles moved, seconded by Councilman Wagoner, to go ahead and get a temporary restraining order as soon as possible and step up activity with the Legislators. Councilman Malston asked, what is it that we are really doing by not allowing that small amount of space to SeaAir? That is what it is all about. What repercussions are we creating by denying them space? Is this the time to fight the problem? Let's have the war on our terms. It is not a small matter. On the other hand, at this point we are fighting over 40.5 sq. ft. in the terminal building. We are not acting rationally. Councilman Wagoner said maybe we should wait for action of the FAA. What would this action do? Councilman Measles replied, it would give us time to find out if we are in com- pliance. MOTION, Addendums Councilman Measles, with consent of second, amended the motion to road, to go ahead and get a temporary restraining order and preliminary injunction as soon as possible and ask for immediate formal hearing on the charges against the City and step up activity with the Legislators. r -1 KENAI CITY COUNCIL, SPECIAL MEET1116 AUGUST 30, 1981 Page 4 Councilman Malston asked, is this Council prepared to take on FAA legally and costs involved? Are we ready to subject taxpayers to the expenses for the whole country? He waz not. Motion failed, with Councilmen wagoner, Measles, Mayor O'Reilly voting yes; Councilwoman Glick, Councilmen Malston, Mueller voting no. Mayor O'Reilly asked, what would the Council think of authorizing City Manager Brighton to meet with Robie Strickland tomorrow (8-31-81) and as many of us that can go to Anchorage and be prepared for it to go either way? At this point we are in a position that votes are not there to take action. Councilman Wagoner said the position we are in now is it is FAA's move. Till they reply, then we can take action. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to recess the meeting till 600 Monday evening. (8-31-81) Councilman Mueller said at this point he didn't see what a postponement would do. Councilwoman Glick said, the items in order ares 1. Whether to allocate SeaAir space. 2. The fact that FAA has threatened us with re- prisals if we do not do this. The temporary restraining order and preliminary injunction was dialing with allocation of funds and you can tie them together. Can we se crate 440., them? We might give space but continuemattie on allocation of funds. We all feel FAA has over- stepped bounds by holding funds. Councilman wagoner said once you grant space you have no reason to do anything further. We have nothing firm that they will withdraw funds. Councilwoman Glick said our relationship with FAA has become good, but it could go back as it was. We should go through the legislative process so they will not use strong arm tactics in the future. Mayor O'Reilly said it is not these 40 sq. ft., it is other carriers also. Where does it end? FAA has been generous with funds, but the airport has been a major airport activity. It is 2-way. We have contributed also. Atty. Baldwin asked, is it the intention of Council to have a meeting with Council and FAA? Mayor O'Reilly replied City Manager Brighton, Atty. Delahay and any other interested parties. Atty. Baldwin said that gets into the grey area regarding open meeting problems. Mayor O'Reilly said Mr. Brighton and Atty. Delahay would meet with Mr. Strickland and come back to Council and make a report. Councilwoman Glick said she didn't see where we will get any different answers than we have. Mayor O'Reilly replied it could lay some groundwork as regards FAA and priorities of projects. Councilman Mueller said if they withdraw funds then we would be the injured party. Till then we have no cause for action. MOTION, Addendums Council agreed to change the time of recess to 5s00 PM. KENAI CITY COUNCIL, SPECIAL MEETING AUGUST 30, 1981 VAaO Von Notion passed, with Mayor O'Reilly, Councilwoman Glick, Councilmen Malston, Mueller voting yes; Councilmen Wagoner, Measles voting no. RVCESSS Meeting recessed at 8s05 Pm. rr 7a, t Whelano City Clerk ealao /w� NEWAI CITY COUNICIL - SPECIAL MELTIUG, MIUUTZZ AUGUST 31, 1981 Pago 6 Call to order, Presents Tom Wagoner, Betty Glick, Joss Hall, Roston, Ray Measles, Dick Mueller Absents Vincent O'Reilly Vice Mayor Glick reviewed the actions taken August 30, 1981, City Manager Brighton and Atty, Delahay werta instructed to go to FAA in Anchorage, Mayor O'Reilly and Council were also invited,. City Manager Brighton said they met with Robie Strickland for about 40 minutes, They agreed to give the City 30 days to make accommodations they had said we should make. It was not a 30 day ex- tension to determine if we will or won't, but to make accommodations, Mr. Faith wont over Robie Strickland's head to do this. He also said we should do it sooner if we can, Mr. Brighton added some figures were thrown around last night (8-30-81) and reported today. (8-31-81) 0200,000 for the airport, 000,000 for warm storage, 056,000 overrun on the run- way job are all in the saw situation he had said they were in last night. Even though we have a contract they can withhold funds. Any 81-92 funds can also be withheld. MOTIONS Councilman Wagoner moved, seconded by Councilman Malston, to adjourn till Wednesday night, (9-2-81) Motion passed by unanimous consent. ADJOURNMENT Meeting adjourned at 5s20 PM, ea,,Vu� Z_Z� 4phet N a an, city Can, ty c�r� 4 UPHAl CITY COVUCIL — SPECIAL NEETIUC, AUGUST 30, 1981 PARTIAL TRANSLATION MOTIONS Councilman wagoner moved, occonded Yty Councilwoman Glick, for the City Council to authorize Administration to enter into a lease with 00aAir for proposed space in the terminal. Motion failed, with Councilwoman Glick, Councilman Malston, Mueller voting yes: Councilmen wagoner, Measles, Mayor O'P.Cilly voting no, MOTION s Councilman Measles moved, seconded It-1 Councilman wagoner, to go ahead and gget a temporary restrain- ing order as soon as possible and step up activity with the Legislators. MOTION, Addendum: Councilman Measles, with consent of second, amended the motion to read, to go ahead and get a temporary restraining order and preliminary injunction ace soon as possible and ask for immediate formal hearing on the charges against the City and step up activity with the Legislators, Motion failed, with Councilmen wagoner, Measles, Mayor O'Reilly voting yoss Councilwoman Glick, Councilman Malston, Mueller voting no. i • o