HomeMy WebLinkAbout2023-11-09 Airport Commission PacketKENAI AIRPORT COMMISSION
REGULAR MEETING
NOVEMBER 9, 2023 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
*Telephonic/Virtual Information Below*
http://www.kenai.city
A.CALL TO ORDER
1.Pledge of Allegiance
2.Roll Call
3.Agenda Approval
B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1.Terry Eubank – City Manager
C.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.APPROVAL OF ACTION MINUTES
1. October 12, 2023……………………………………………………………………………Pg. 2
E.UNFINISHED BUSINESS
F.NEW BUSINESS
1.Discussion/Recommendation – Special Use Permit to the American Red Cross…Pg. 5
G.REPORTS
1.Airport Manager…………………………………………………………………………...Pg. 12
2.City Council Liaison……………………………………………………………………….Pg. 14
H.ADDITIONAL PUBLIC COMMENT
I.NEXT MEETING ATTENDANCE NOTIFICATION – December 14, 2023
J.COMMISSION QUESTIONS AND COMMENTS
K. ADJOURNMENT
L.INFORMATIONAL ITEMS
1.Correction Memo - Special Use Permit to Crowley……………………………………Pg. 19
2.Article & FAA Brief on Vertiport Design…………………………………………………Pg. 27
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KENAI AIRPORT COMMISSION – REGULAR MEETING
OCTOBER 12, 2023 – 6:00 P.M.
KENAI MUNICIPAL AIRPORT CONFERENCE ROOM
305 N. WILLOW STREET, SUITE 110 KENAI, AK 99611
CHAIR GLENDA FEEKEN, PRESIDING
Airport Commission Meeting Page 1 of 3
October 12, 2023
ACTION MINUTES
A.CALL TO ORDER
A Regular Meeting of the Airport Commission was held on October 12, 2023, in the Kenai Municipal
Airport Conference Room, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00
p.m.
1.Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
2.Roll Call
There were present:
Glenda Feeken, Chair Paul Minelga, Vice Chair
James Bielefeld Jacob Caldwell
Joshua Daily Dan Pitts
James Zirul
A quorum was present.
Absent:
None
Also in attendance were:
Mary Bondurant, Interim Airport Manager
Sarah Conley, Airport Administrative Assistant
Victoria Askin, City Council Liaison
3.Agenda Approval
MOTION:
Vice Chair Minelga MOVED to approve the agenda with the requested revisions and requested
unanimous consent. Commissioner Bielefeld SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
B.SCHEDULED PUBLIC COMMENTS - None.
C. UNSCHEDULED PUBLIC COMMENTS - None.
D.APPROVAL OF ACTION MINUTES
1.September 14, 2023.
MOTION:
Commissioner Bielefeld MOVED to approve the September 14, 2023 Action Summary, noting that
scrivener’s errors had been noted to the Clerk for correction.
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Airport Commission Meeting Page 2 of 3
October 12, 2023
VOTE: There being no objection; SO ORDERED.
E. UNFINISHED BUSINESS – None.
F. NEW BUSINESS
1. Discussion/Recommendation – Kenai Municipal Airport Capital Improvement Program – Airport
Manager and Public Works Director
MOTION:
Commissioner Bielefeld MOVED to recommend City Council approval of the Airport’s Fiscal Year 2024-
2026 Capital Improvement Program List. Commissioner Daily SECONDED the motion.
Interim Airport Manager Bondurant provided a staff report on the Capital Improvement Program list as
provided in the packet. Director Curtin provided additional information regarding FAA funding.
Commission discussion ensued.
[Clerk’s Note: Commissioner Zirul joined the meeting at 6:08 p.m.]
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
G. REPORTS
1. Airport Manager – Interim Airport Manager Bondurant reported on the following:
• Approval for vacant seasonal positions filled
• Winter operations meeting this October
• Ravn Airlines’ last flights out of KMA will be October 20, 2023
• Flood plane basin will be drained
• City offices will be closed on October 18th for Alaska Day
2. City Council Liaison – Council Member Askin reported on the actions of the October 4, 2023 City
Council Meeting.
H. ADDITIONAL PUBLIC COMMENTS – None.
I. NEXT MEETING ATTENDANCE NOTIFICATION – November 9, 2023
Commissioner Zirul noted that he may be absent or participate remotely.
J. COMMISSION QUESTIONS AND COMMENTS
Commissioner Bielefeld discussed Airport lessee snow removal.
Vice Chair Minelga discussed future Airport Master Plan review, and the opportunity for future
potential of vertiports.
Interim Airport Manager Bondurant noted that Derek Ables has been hired as the new Airport
Manager, and noted reports provided in the packet.
Commissioner Daily noted he would like to see reports on total tower operations.
Commissioners Caldwell, Zirul, Daily and Minelga discussed the demand for and potential of direct
flights to Seattle.
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Airport Commission Meeting Page 3 of 3
October 12, 2023
K. ADJOURNMENT
L. INFORMATIONAL ITEMS
1. KMA Enplanements, Float Plane Basin Activity, & Vehicle Parking Revenues –
September 2023
2. Airport Mid-month – September 2023
3. Kenai Aviation 5th Annual Pumpkin Drop
There being no further business before the Airport Commission, the meeting was adjourned at 6:38 p.m.
I certify the above represents accurate minutes of the Airport Commission meeting of October 12, 2023.
___________________________________
Meghan Thibodeau
Deputy City Clerk
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Kenai City Council - Regular Meeting Page 1 of 2
October 19, 2023
Kenai City Council - Regular Meeting
October 19, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 2**
Action Agenda
A.CALL TO ORDER
1.Pledge of Allegiance
2.Roll Call
3.RESULTS OF 10/3/2023 ELECTION CERTIFIED. Certification of the October 3, 2023
Election Results
a.Swearing in of Election Officials. (Term of office for those elected during the October
3, 2023 Regular Election begins on Monday, October 23, 2023.)
4.Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B.SCHEDULED ADMINISTRATIVE REPORTS
C.SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
D.UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E.PUBLIC HEARINGS
1.ENACTED WITHOUT OBJECTION. Ordinance No. 3374-2023 - Increasing Estimated
Revenues and Appropriations in the Airport Fund for the Purchase of Aviation Fuel Due to Fuel
Sales at the Kenai Municipal Airport Float Plane Basin Being in Excess of Budgeted Amounts.
(Administration)
F.MINUTES
1.*Regular Meeting of October 4, 2023. (City Clerk)
G.UNFINISHED BUSINESS
H.NEW BUSINESS
1.*Action/Approval - Bills to be Ratified. (Administration)
2.*Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License for Cook
Inlet Cannabis Co., DBA East Rip - License No. 13382. (City Clerk)
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Kenai City Council - Regular Meeting Page 2 of 2
October 19, 2023
3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License KRC
LLC, DBA Kenai River Cannabis - License No. 17808. (City Clerk)
4. *Ordinance No. 3375-2023 - Accepting and Appropriating Donations from the Kenaitze Indian
Tribe to Both the Animal Shelter and the Senior Center. (Administration)
5. *Ordinance No. 3376-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund, Parks and Recreation Department for the Purchase of Playground Equipment
Utilizing a Grant from Marathon Petroleum. (Administration)
6. Action/Approval - Airport Terminal Landscaping Project Revision - Bronze Bear Project.
(Administration)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/84392104903 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 843 9210 4903 Passcode: 573806 Meeting ID: 843 9210 4903 Passcode: 573806
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Kenai City Council - Regular Meeting Page 1 of 3
November 01, 2023
Kenai City Council - Regular Meeting
November 01, 2023 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
**Telephonic/Virtual Information on Page 3**
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. COUNCIL MEMBER KNACKSTEDT ELECTED AS VICE MAYOR. Election of Vice Mayor
4. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items
limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council
and will be approved by one motion. There will be no separate discussion of these items unless a
council member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS
C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker)
1. Kenai Peninsula Economic Development District Quarterly Update, Tim Dillon Executive
Director.
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3375-2023 - Accepting and Appropriating
Donations from the Kenaitze Indian Tribe to Both the Animal Shelter and the Senior Center.
(Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3376-2023 - Increasing Estimated Revenues and
Appropriations in the General Fund, Parks and Recreation Department for the Purchase of
Playground Equipment Utilizing a Grant from Marathon Petroleum. (Administration)
3. ADOPTED UNANIMOUSLY. Resolution No. 2023-62 - Establishing the 2024 City Council
Regular Meeting Schedule. (City Clerk)
4. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2023-63 - Requesting the
Governor of the State of Alaska Designate by Proclamation an Economic Disaster for 2023 for
the Upper Cook Inlet East Side Set Net Fishery and Supporting A Recovery Plan. (Knackstedt)
5. ADOPTED UNANIMOUSLY. Resolution No. 2023-64 - Authorizing a Professional Services
Agreement and Corresponding Purchase Order for the 2024 Apron Crack Seal, Marking and
Seal Coat Project for the Kenai Municipal Airport. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 3
November 01, 2023
6. ADOPTED UNANIMOUSLY. Resolution No. 2023-65 - Authorizing a Contract for Employee
Health Care and Basic Life Insurance Effective January 1, 2024. (Administration)
F. MINUTES
1. *Regular Meeting of October 19, 2023. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
3. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the
Harbor Commission. (Mayor Gabriel)
4. ADDED TO AND APPROVED BY THE CONSENT AGENDA. Action/Approval - Letter of
Support for the Kenai Peninsula Housing Initiatives, Inc. Grant application to develop Senior
and Low-Income Housing. (Administration)
5. *Ordinance No. 3377-2023 - Accepting and Appropriating an Increase in the Title III Grant from
the State of Alaska Department of Health and Social Services for Nutrition, Transportation and
Support Services and an American Rescue Plan Act Grant Passed through the State of Alaska
Department of Health and Social Services for Kenai Senior Center Expenditures in Support of
its Response to the COVID-19 Public Health Emergency. (Administration)
6. *Ordinance No. 3378-2023 - Accepting and Appropriating a Donation from Hilcorp Energy
Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration)
7. *Ordinance No. 3379-2023 - Accepting and Appropriating a Grant from the U.S. Department
of Homeland Security Passed through the State of Alaska Department of Military and Veterans’
Affairs for the Purchase of Trauma Care Supplies. (Administration)
8. *Ordinance No. 3380-2023 - Amending Kenai Municipal Code 22.05.095 - Methods of Sale or
Disposal, to Provide a Veterans Land Purchase Price Discount for Certain Residential Land
Purchases. (Baisden)
9. APPROVED UNANIMOUSLY AND COUNCIL MEMBER ASKIN APPOINTED TO
SUPERVISORY SUB-COMMITTEE. Action/Approval - Mayoral Liaison Nominations for
Appointment to Committees and Commissions. (Gabriel)
10. Discussion/Action - Virtual Meetings Participation. (Clerk)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
J. REPORT OF THE MAYOR
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Kenai City Council - Regular Meeting Page 3 of 3
November 01, 2023
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/88254302807 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 882 5430 2807 Passcode: 357355 Meeting ID: 882 5430 2807 Passcode: 357355
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 1 of 8
SPECIAL USE PERMIT
The CITY OF KENAI (City) grants to CROWLEY FUELS LLC (Permittee), whose
address is 201 Arctic Slope Ave., Anchorage, AK 99518, a Special Use Permit for the
fueling area on the apron at the Kenai Municipal Airport subject to the requirements and
the conditions set forth below.
1. Premises. Permittee shall have the non-exclusive right to use 35,000 square feet as
described in the attached Exhibit A for the uses identified in this Permit.
2. Term. The term of this Permit shall be for 1 year commencing on July 1, 2023 and
ending on June 30, 2024. Regardless of the date of signature, this Permit shall be effective as
of July 1, 2023.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit:
A. Permit: Permittee shall pay a monthly fee of $1,779.17 ($0.61/SF/Year) plus
applicable sales tax.
B. Proximity Card for Gate Access: In addition to the general permit fee,
Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each
proximity card issued to Permittee by City to allow for gate access to the Airport to
conduct the uses permitted hereunder. City shall refund this deposit to Permittee
when the card is returned to City. City may exercise a right of offset to apply the
deposit to any outstanding balance due to City from Permittee at the termination of
this Permit.
C. Other Fees: City may assess additional fees for aviation or aviation support
activities and uses not defined in this Permit. If a fee has not been established for
those activities or services, a fee will be established by the Airport Manager.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due
(KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure
to timely make payments is grounds for termination of this Permit. (See ¶ 22, Termination)
4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the following
purpose(s):
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 2 of 8
Aviation Fueling on Apron Fueling Area. NOTE: This permit does not guarantee the
exclusive use of the area identified in Exhibit A. City reserves the right to re-assign
Permittee, upon reasonable notice, to other areas as airport needs may require.
Permittee shall have the right of ingress and egress to the Airport using only designated
gate access locations (which may require a proximity card) for the use of the Premises.
This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may
not be transferred or assigned.
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the
Airport other than that specifically designated for that purpose by the Airport Manager or
designated representative. The Airport Manager or designated representative reserves the
right to designate reasonable areas where aircraft owners may perform services on their
own aircraft.
5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and
guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the protection of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
of persons using the Airport, the public health or the environment, or the safety or integrity
of any premises on the Airport.
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 3 of 8
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee.
8. Radio Transmitting Equipment. Permittee shall discontinue the use of any
machine or device which interferes with any government-operated transmitter, receiver, or
navigation aid until the cause of the interference is eliminated.
9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is
entitled to coverage to the extent of the higher limits.
A. Commercial General Liability insurance, including premises, all operations,
property damage, personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee’s fuel
handling activities. The policy must name the City as an additional insured.
B. Worker’s compensation insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee is
further responsible to provide worker’s compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or
better by A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance
coverage in the form of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
iii. Permittee shall request a waiver of subrogation against City from
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 4 of 8
Permittee’s insurer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v. Evidence of insurance coverage must be submitted to City by July 1,
2023. The effective date of the insurance shall be no later than July 1,
2023.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
10. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and its exercise of the privileges
granted in this Permit.
11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
“Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Permittee in connection with or arising from or out of Permittee’s activities on or use of
the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s
exercise of the privileges granted in this Permit. This shall be a continuing obligation and
shall remain in effect after termination of this Permit.
12. Fuel Spill Prevention and Response Plan. Areas of the Apron have been seal coated
to protect asphalt from adverse effects of petroleum product spills. The City requires that
Permittee provide adequate absorbent materials and tools available on the Premises and at the
airport in order to maintain a fuel spill and response capability. Permittee shall be liable for
any damage caused by and costs associated with any spill, the cleanup of any spill, or the
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 5 of 8
discharge of petroleum products or hazardous materials due to Permittee’s use of the Apron
and/or use of the Airport.
Permittee shall provide to City an acceptable fuel spill prevention and response plan and
will maintain fuel spill and response capability. Permittee further agrees to have a copy of
the fuel spill prevention and response plan located in the Permittee’s fuel dispensing
equipment at all times. Permittee must comply with the Airport’s Storm Water Pollution
Prevention Plan as appropriate to Permittee’s activities.
Permittee shall not store any personal property, solid waste, petroleum products, Hazardous
Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or
toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that
there are significant penalties for improperly disposing of the Hazardous Materials and
other waste and for submitting false information regarding Hazardous Materials, including
the possibility of fine and imprisonment for knowing violations.
Permittee shall immediately remove the material in the event of spillage or dripping of
gasoline, oil, grease, or any other material which may be unsightly or detrimental to the
pavement or surface in or on any area of the Airport.
Permittee may not construct or install any above-ground or underground fuel storage tanks
or dispensing systems at the Airport.
No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50’
of any aircraft fuel facility or fuel truck.
Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage,
Handling, and Dispensing on Airports, the National Fire Protection Associations’
“Standard for Aircraft Fueling Servicing” in NFPA 407 (1996 version), and the current
version of the International Fire Codes. All inspections of fuel facilities, by City or other
regulating entities to which Permittee is subject, shall be conducted to assure compliance
with the fire safety practices listed in these referenced documents.
13. Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous
substances and materials.
14. No Discrimination. Permittee shall not discriminate against any person because of
the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 6 of 8
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
15. Licenses and Permits. Permittee shall obtain and maintain all required federal,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
16. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal, state, and City statutes, ordinances,
and regulations in effect during the term of this Permit. Further, Permittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport’s eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Permit is subordinate to the City’s grant assurances and federal
obligations.
17. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the Airport.
18. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee.
19. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements herein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
21. Personalty. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded by
the City, if not removed upon termination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai
is not responsible for any damage to or theft of any personalty of Permittee or of its
customers.
22. Termination; Default. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety or due
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 7 of 8
to a failure of Permittee to comply with condition or term of this Permit which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required
Airport fees is a condition of this Permit and, as such, failure to timely pay landing and
other airport fees is grounds for termination. Without limiting the foregoing, Permittee
shall pay landing fees for aircraft landings as set out in the City’s comprehensive schedule
of rates, charges and fees. Permittee shall make payment within 30 days following the end
of each month and without demand or invoicing from City. Permittee shall also provide
Airport Administration with monthly certified gross take-off weight reports within ten days
following the end of each month for landings for the preceding month. Airport landing
fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite
200, Kenai, AK 99611.
24. Impoundment. At the discretion of the Airport Manager, City may impound any
aircraft parked on the Premises after termination of this Permit. Impoundment may be
accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for
impoundment purposes. Inconvenience or damage that may result from such movement
will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on
each aircraft impounded. In addition, a daily storage fee shall be charged for each day the
aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days
after impoundment shall be considered abandoned and shall be subject to sale at public
auction. Notice of any auction shall be published. Publication shall be in a newspaper of
general circulation in that area for at least once during each of three consecutive weeks not
more than 30 days nor less than seven days before the time of the auction.
25. Definitions. As used in this Permit, “Permittee” means Crowley Fuels LLC., and
where the context reasonably indicates, its officers, agents, and employees. “Airport”
means the Kenai Municipal Airport.
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Special Use Permit FY2024—Crowley (Apron Fueling Area) Page 8 of 8
CITY OF KENAI CROWLEY FUELS LLC
By: By:
Terry Eubank Date Richard W. Meidel Date
City Manager Vice President
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _____________, 2023, the foregoing
instrument was acknowledged before me by TERRY EUBANK, City Manager, of the City
of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of ______________, 2023, the foregoing
instrument was acknowledged before me by Richard W. Meidel, Vice President, Crowley
Fuels LLC, on behalf of the State of Alaska.
Notary Public for Alaska
My Commission Expires:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
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