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HomeMy WebLinkAbout2023-12-14 Airport Commission PacketKENAI AIRPORT COMMISSION REGULAR MEETING DECEMBER 14, 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) C.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.APPROVAL OF ACTION MINUTES 1.November 9, 2023 ........................................................................................ Pg. 2 E.UNFINISHED BUSINESS F.NEW BUSINESS 1.Discussion/Recommendation – Special Use Permit for Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional Fire Training Facility ............................................................................................. Pg. 5 G.REPORTS 1.Airport Manager 2.City Council Liaison .................................................................................... Pg. 13 H.ADDITIONAL PUBLIC COMMENT I.NEXT MEETING ATTENDANCE NOTIFICATION – January 11, 2024 J.COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L.INFORMATIONAL ITEMS 1.6th Annual Christmas Tree Decorating Contest………………………………..Pg. 16 2.Aircraft Enplanements by Carrier, Air Traffic Control Tower Counts, Terminal Vehicle Parking Revenue………………………………………………………...Pg. 17 Join Zoom Meeting OR https://us02web.zoom.us/j/89375658146 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 893 7565 8146 Meeting ID: 893 7565 8146 Passcode: 278445 Passcode: 278445 KENAI AIRPORT COMMISSION – REGULAR MEETING NOVEMBER 9, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING Airport Commission Meeting Page 1 of 3 September 14, 2023 ACTION MINUTES A.CALL TO ORDER A Regular Meeting of the Airport Commission was held on November 9, 2023, in City Hall Council Chambers, 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 Dan Pitts A quorum was present. Absent: James Zirul Joshua Daily Also in attendance were: Mary Bondurant, Interim Airport Manager Sarah Conley, Airport Administrative Assistant Henry Knackstedt, City Council Liaison 3.Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented. Commissioner Caldwell SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. B.SCHEDULED PUBLIC COMMENTS 1.Terry Eubank – City Manager City Manager Eubank was unavailable at the time of the meeting. C.UNSCHEDULED PUBLIC COMMENTS - None. D.APPROVAL OF ACTION MINUTES 1.October 12, 2023. 2 Airport Commission Meeting Page 2 of 3 September 14, 2023 MOTION: Commissioner Zirul MOVED to approve the October 13, 2023 Minutes, with the correction that the location needs to be changed to City Hall Council Chambers. Commissioner Caldwell SECONDED the motion. VOTE: There being no objection; SO ORDERED. E.UNFINISHED BUSINESS – None. F.NEW BUSINESS 1.Discussion/Recommendation – Special Use Permit to the American Red Cross MOTION: Commissioner Caldwell MOVED to recommend City Council approval of the Special Use Permit to the American Red Cross. Commissioner Bielefeld SECONDED the motion. Interim Airport Manager gave a staff report with information provided in the packet. 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: •Runway/taxiway projects and funding; project costs changing and HDL hired as engineers. •The Airport will acquire one loader and one plow truck. •Hoping for stakeholder/public involvement in Capital Improvement Plan. •FAA will support Operations Facility boiler project. •RAVN Airlines gave 60-day notice, will no longer be operating at the Kenai Airport by January 1, 2024. •Upcoming Christmas tree decorating contest. •Airport is fully staffed with winter operations crew. •Kenai Aviation Pumpkin Drop event was a success. 2.City Council Liaison – Council Member Knackstedt reported on the actions of the November 1, 2023 City Council meeting. H.ADDITIONAL PUBLIC COMMENTS – None. 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 2.Article & FAA Brief on Vertiport Design 3 Airport Commission Meeting Page 3 of 3 September 14, 2023 There being no further business before the Airport Commission, the meeting was adjourned at 6:19 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of November 9, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk 4 www.KenaiAirport.com “Serving the Greater Kenai Peninsula” 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memo To: Airport Commission Thru: Mary Bondurant – Interim Airport Manager Date: November 15, 2023 Subject: Extension – Beacon OHSS Special Use Permit Beacon OHSS is requesting to extend the Special Use Permit on a month-to- month basis under the same terms and conditions. The current Special Use Permit expires December 31, 2023. City and Airport Administration met with Beacon representatives on Thursday, November 9th to discuss different options to accommodate Beacon and their operation in the Alaska Fire Training Facility. A condition of the month-to-month extension is to allow Beacon time to set up a different area for a collection site instead of the exclusive use of one of the lobby bathrooms. Once a new collection site is set the bathroom will be reopened for public use. The representatives were given floor plans to review and will get back to the City. Beacon currently leases 1,716 square feet of exclusive space and 2,250 square feet of common use space. Does Commission recommend Council approve the Special Use Permit extension to Beacon OHSS? Attachments Municipal Airport 5 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants Beacon Occupational Health & Safety Services (PERMITTEE), whose address is 701 East Tudor Road, # 110, Anchorage, Alaska 99503 the exclusive right to use the area described below: 1,716 square feet of exclusive office space and 2,250 square feet of common use space inside the Alaska Regional Fire Training Center, located at 450 Daubenspeck Cir, Kenai, Alaska 99611. 1. TERM. The term of this Permit shall be on a month-to-month basis commencing on January 1, 2024. Regardless of the date of signature, this Permit shall be effective as of January 1, 2024. 2. 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$5,468.16, plus applicable sales tax. B. Other Fees: Permittee is responsible for custodial services for exclusive use space, refuse, telecommunications, internet and tenant signage. City shall be responsible for custodial services for common use space, building insurance, snow removal, general maintenance, grounds maintenance, gas, electric, and water and waste water. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo A venue, 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 122, Termination) 3. USE. City authorizes Permittee the exclusive right to use 1,716 square feet for General Office Space and 2,250 square feet of non-exclusive common use space as identified in Exhibit A. 4. LICENSES AND PERMITS; LAWS. Permittee shall adhere to all federal, state, Special Use Permit-Beacon Occupational Health & Safety Services Page 1 of 6 6 and local laws, ordinances, and regulations while conducting its activities on the Premises. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for Permittee's operations under the Permit. Permittee shall provide proof of compliance to the City upon request by the City. 5. 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: 1. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. 11. 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. 111. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, Special Use Permit-Beacon Occupational Health & Safety Services Page 2 of6 7 shall be provided at no cost to City. 1v. Provide the City with notification at least 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 January 1, 2024. The effective date of the insurance shall be no later than January 1, 2024. 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. 6. 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 premises. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Alaska Regional Fire Training Center and its exercise of the privileges granted in this Permit. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to indemnify, defend, and hold the City, its agents, and employees harmless from and against any and all liability, loss, suit, claim,judgment, fine, demand, damage, penalty, property damage, or personal injury of whatever kind, including sums paid in settlements of claims, attorney fees, consultant fees, expert fees, or costs incurred arising from or connected with the Permittee's use or occupation of the Premises. Pennittee shall give the City of Kenai reasonable notice of any such claims or actions. However, Permittee shall not be responsible for any damage or claims from the sole negligence, activities, or omission of the City or its agents or employees. 8. PERSONALITY. Permittee must keep the space and all other materials on the Premises clean and in good condition. Permittee shall remove any and all personal property 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 Special Use Permit-Beacon Occupational Health & Safety Services Page 3 of 6 8 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$25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personality of Permittee at or from the Premises. 9. NO W AIYER. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement 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. 10. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with one month written notice by Permittee or the City. 11. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 13. 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. 14. CONTACT INFORMATION. The contact information for Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Beacon Occupational Health & Safety Services Attn: Neil Gadd -General Manager 701 East Tudor Road, #110 Anchorage, Alaska 99503 tel: (907) 802.8594 The contact information for City for purposes of notice and all communications from Permittee to City is: Kenai Municipal Airport 305 North Willow, Suite 200 Kenai, Alaska 99611 Tel: (907) 283-8281 Special Use Permit-Beacon Occupational Health & Safety Services Page 4 of 6 9 15. RIGHTS OR REMEDIES. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity. 16. GOVERNING LAW; VENUE. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. Any lawsuit brought thereon shall be filed in the Third Judicial District at Kenai, Alaska. 17. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is authorized to bind Permittee. CITY OF KENAI By: _________ _ Terry Eubank -City Manager BEACON OCCUPATIONAL HEALTH & SAFETY SERVICES Approved as to form : Scott Bloom City Attorney By:----------- Neil Gadd -General Manager Special Use Permit-Beacon Occupational Health & Safety Services Page 5 of 6 10 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the __ day of ____ _, 2023, 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 Neil Gadd, General Manager, Beacon Occupational Health & Safety Services, an Alaskan corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ___ _ Special Use Permit-Beacon Occupational Health & Safety Services Page 6 of6 11 Kenai City Council - Regular Meeting Page 1 of 3 November 15, 2023 Kenai City Council - Regular Meeting November 15, 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. 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 UNANIMOUSLY. 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) 2. ENACTED UNANIMOUSLY. Ordinance No. 3378-2023 - Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Area-Wide Senior Thanksgiving Dinner. (Administration) 3. ENACTED UNANIMOUSLY. 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) 4. ENACTED UNANIMOUSLY. 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) F. MINUTES 1. *Regular Meeting of November 1, 2023. (City Clerk) 13 Kenai City Council - Regular Meeting Page 2 of 3 November 15, 2023 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Standard Marijuana Cultivation Facility License for Shackleford Investments, LLC, DBA Shackleford Investments, LLC – License No. 31826. (City Clerk) 3. *Action/Approval - Non-Objection to the Issuance of a New Beverage Dispensary Tourism Liquor License to Salamatof Cannery Lodge LLC, DBA Salamatof Cannery Lodge LLC – License No. 6111. (Administration) 4. *Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space at the Alaska Regional Fire Training Center. (Administration) 5. *Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) 6. *Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) 7. NOMINATIONS APPROVED UNANIMOUSLY. Action/Approval - Council Confirmation of Mayoral Nominations to the City’s Commissions and Committee. (Mayor Gabriel) 8. NOMINATIONS APPROVED UNANIMOUSLY. Action/Approval - Council Confirmation of Mayoral Nominations to the Planning & Zoning Commission. (Mayor Gabriel) 9. POSTPONED TO 12/20/2023. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (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) 14 Kenai City Council - Regular Meeting Page 3 of 3 November 15, 2023 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/89901965085 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 899 0196 5085 Passcode: 971156 Meeting ID: 899 0196 5085 Passcode: 971156 15 Tower Airport Operations Counts October Enplanements Terminal Vehicle Parking Revenues 17