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Home My WebLink About2008-03-13 Airport Commission PacketKENAY AIRPORT COMMISSION MARCH 13, 2®08 KENAY CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA YTEM 1: CALL TO ORDER AND ROLL CALL YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- February 14, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- FY09 Airport Budget b. Discussion/Recommendation -- Float Plane Basin Development ITEM 6: NEW BUSYNESS YTEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison YTEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATYON ITEMS a. Kenai City Council Meeting Action Agendas for February 20 and March 5 2008. b. Rezone Application o. Westside Properties d. Resolution No. 2008-12 -- Beacon Contract for Management of Fire Training Facility e. Memorandum -- Preparation of Commission/Committee Packets ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL -- 283-8231 OR, MARY -- 283-7951 KENAI AIRPORT COMM%SSION FEBRUARY 14, 2008 KENAI CITY COUNCIL CHAMBEF ?:00 P.M. AGENDA YTEM 1: CALL TO ORDER AND ROLL CALL %TEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 10, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: PUBLIC HEARINGS a. Resolution AC2008-O1 -- Recommending to the Council that Airport Reserve Lands Currently Zoned Conservation and Located North of the Kenai Spur Highway be Rezoned to Light Industrial. ITEM 6: OLD BUSINESS a. Discussion/Recommendation -- Float Plane Basin Development ITEM 7: NEW BUSINESS a. Discussion/Recommendation -- Lease Application -- Everts Air Fuel, Inc. Lots 5 & 6, Block 1, F.B.O. Subdivision b. Discussion -- FY09 Airport Budget YTEM 8: REPORT a. Commission Chair b. Airport Manager a City Council Liaison ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS YTEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for January 16 and February 6, 2008. b. January 2008 Enplanement Report ITEM 12: ADJOURNMENT KENAI AIRPORT COMMISSYON FEBRUARY 14, 2®OS KENAI CYTY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRES%DYNG MEET%NG SUMMARY %TEM Y: CALL. TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, (arrived at 7:10 p.m.} J. Bielefeld, H. Knackstedt, E. Mayer, L. Porter Commissioners absent: C. Versaw, D. Haralson Others present: Airport Manager M. Bondurant, Council Member R. Molloy ITEM 2: AGENDA APPROVAL MOTYON: Commissioner Mayer MOVED to approve the agenda and Commissioner Knackstedt SECONDED the motion, There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETYNG SUMMARY -- January 10, 2008 Commissioner Bielefeld noted Item 7-a. should read "possibility of rezoning the majority of airport as "light commercial.° MOTYON: Commissioner Mayer MOVED to correct the summary as noted and approve the summary as corrected. Commissioner Bielefeld. SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: PUBLIC HEARYNGS 5-a. Resolution AC2008-01 -- Recommending to the Council that Airport Reserve Lands Currently Zoned Conservation and Located North of the Kenai Spur Highway be Rezoned to Light Industrial. Bondurant reported on the timeline of the process. Knackstedt opened the meeting to public hearing. There being no comments, the public hearing was closed. MOT%ON: Commissioner Zirul MOVED to recommend the Council initiate a rezone of airport reserve properties located north of the Kenai Spur Highway from Conservation to Light Industrial. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: OLD BUSINESS 6-a. Discussion/Recommendation -- Float Plane Basin Development Phil Bryson-- Wince, Corthell, Bryson -- spoke on the development of lease lots, taxiways and roadways. He brought a lay down of two different ideas for access to the runway. Commissioners commented in support of the development, and recommended the Airport Manager contact local air charters for their review. Bryson will return with additional drawings from Commission discussions. ITEM 7: NEW BUSINESS 7-a. Discussion/Recommendation -- Lease Application -- Everts Air Fuel, Inc. Lots 5 & 6, Block 1, F.B.O. Subdivision Commissioner comments included: • A general discussion on the lots and type of operation. • In favor of the lease, would like Everts to know that FBO development will be subject to minimum standards being developed. MOTYON: Commissioner Zirui MOVED to approve the Everts Lease Application nofihg that future development to-the lease property, such as an FBO, will be subject to minimum standards which are currently under review. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. 7-b. Discussion -- FY09 Airport Budget Commissioner comments included: • Thanked the Airport Manager for the information and being included in the process. • A general discussion on the budget information included in the packet. • Looking forward to a budget presentation at the March meeting. • Requested a complete review of revenue and expenses. AIRPORT COMMISSION MEETING FEBRUARY 14, 2008 PAGE 2 ITEM 8: REPORT 8-a. Commission Chair -- Knackstedt requested information about land available on the west side of the airport. 8-b. Airport Manager -- Bondurant gave the status of the KPAF, noted she presented at the Alaska Air Cargo luncheon, and gave information on the terminal lighting project. 8-c. City Council Liaison -- Molloy reported on issues discussed at the City Council meeting of February 6, 2008. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Porter would like to receive packets by email, stating he would have more time to review the information and he would like to receive color items in the packet instead of black and white. ITEM 10: ITEM 1l: 11-a. 11-b. ITEM 12: MOTION: PERSONS NOT SCHEDULED TO BE HEARD -- None YNFORMATION ITEMS Kenai Ciry Council Meeting Action Agendas for January 16 and February 6, 2008. January 2008 Enpianement Report ADJOURNMENT COR11Y1i3Sioilcr c'.ii"l:ti Z4ia~'~ED to adj Gilrn grid CvtiiiTiSSioner Porter SECYDNDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 9:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk AIRPORT COMMISSION MEETING FEBRUARY 14, 2008 PAGE 3 ~t~ (Oa. AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 20, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn:! /www.ci.l~enai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. RoA Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Igrid Edgerly, Love INC of the Kenai Peninsula -- Homelessness on the Kenai Peninsula and Love INC Family Hope Center Update. YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEG%SLATOR5 AND COUNCILS ITEM E: PUBLIC HEARENGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2279-2008 -- Increasing Estimated Revenues and ~~c0~~ ~• Appropriations by $39,238 in the General Fund for a Grant for Police Equipment and Transferring $11,831 in the Police Department for the Grant Match. ,/ ~ 2. Ordinance No. 2280-2008 -- Amending KMC 23.50.010 to Change the /GG~~~ Range of the Public Works Director Position From a Range 24 to a Range 23. ~~ ~~/ 3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 ~G~ ~Y/9a'~`' International Fire Code, First Printing. -'~~D~ 4. Resolution No. 2008-05 -- Setting the Public Hearing Date on the Proposed Thompson Park, Beaver Creek, Alaska, Mack, Valhalla Heights, ~~~~ /~ and Sunset Rim Subdivisions Paving District. e~'~ 5. Resolution No. 2008-06 -- Setting the Time and Place for a Public Hearing on the Aliak, McCollum, Japonski StreetTmprovement Special Assessment District. Q- ~8~~~ 6. Resolution No. 2008-0?-- Setting the Time and Place for a Public /R' Hearing on the Set Net Drive Special Assessment District. ~~~~~. 7. Resolution No. 2008-08 -- Setting the Time and Place for a Public Hearing on the Angler Drive Special Assessment District. ~~ 8. Resolution No. 2008-09 -- Awarding a Lease to Copper River Seafoods ITEM F: MINUTES 1. *Regular Meeting of February 6, 2008. ITEM G: UNFINISHED EUSINESS ~~ ' 1. Discussion -- Schedule Budget Work Sessions ~'~~ 2. Discussion -- Council Meeting Videotaping ITEM NEW BUSINESS aP~~~ 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2282-2008 -- Amending KMC 14.20.160 (b)(8j, KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08.. for Kenai Dock Stations No. 2 and No. 3 From May 15, 2008 to May 14, 2011 for the Amount of $41,000 Per Year and Boat Storage Areas No. 2 and No. 3 From June 1, 2008 to May 14, 2011 for the Amount of $1,001 Per Month. 4. *Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. ~~'~~ 5. Discussion -- Rezone of Airport Property ~~ . ITEM I: COMMISSION/COMMYTTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OP° THE MAi'OYZ ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council YTEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. (Clerk's Note: Ordinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT AGENDA KENAI CYTY COUNCIL -C RfEGU®LAR MEETING MARO.iH Jy LI®®O 7:®0 P.M• KENAI CITY COUNCLI. CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Rick Baldwin, Chair, Kenai Economic Development Strategy Team -- Update YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2264-2007 -- Enacting Chapter 5.40 of the Kenai ~ Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. vJ''~` (Clerk's Note: Ordinance No. 2269-2007 was amended by substitution at the ~~ February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008. The motion to adopt is active.) a. Substitute Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 2. Ordinance No. 2281-2008 -- Amending KMC S.OS to Adopt the 2006 International Fire Code, First Printing. ~ ~ (Clerk's Note: At the February 20, 2008 council meeting, a motion to adopt ^ ` Ordinance No. 2281-2008 was on the floor when the ordinance was /~f postponed to March 5, 2008. The motion to adopt is actiue. ~~~ ~u ~~~ ~~ ~. P ~. ~~ ~~. Q Ordinance No. 2282-2008 -- Amending KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. 4. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by X7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. 5. Ordinance No. 2285-2008 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capital Project Fund for Architectural Services. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) a Motion for Adoption 6. Resolution No. 2008-10 -- Awarding a Sole Source Contract to Procomm Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment. Resolution No. 2008-11 -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. 8. Resolution No. 2008-11 -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. 9. *Liquor License Renewals -- Fraternal Order of Eagles #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American T.ea nr~, post #20 -- Ctuh T,icenSe #1380 Little Ski Mo -- Restaurant/Eating Place License #1774 ITEM F• MINUTES *Regular Meeting of February 20, 2008. *Notes of February 20, 2008 Council Work Session. %TEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS ~p/Y~" i. Bills to be Ratified ~/ 2. Approval of Purchase Orders Exceeding $15,000 ~~ 3. *Ordinance No. 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. 4. *Ordinance No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030. S. *Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. 6. *Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. Discussion -- Draft Bear Resistant Garbage Container Ordinance 3~~~ .-~ ZJ ~ 8. Discussion -- Funding Request of Friends of the Library/Consultant for ~ ~~' Coordinating Fundraising/Library Expansion. ~ ~\a.u~~ 'C7~3 ITEM Y: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8s Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee YTEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists Legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT M\ ~~~ ~~. ~_ , Eheu'yuf KENA~ SKA "I/clla e witti a Past, Gil' ` ° 9 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / 7=2914., REZONING APPLICATION FFR i ~ 2008 PETITIONER Rick Koch, City Mana er, City of Kenai ADDRESS 210 Fidal o Avenue, Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION See Attachment B PRESENT ZONE Conservation & Rural Residential PROPOSED ZONE Li ht Industrial Intended Use and/or Reason for Rezoning: To rezone airport properties located within the airport reserve to allow for airport uses consistent with the Airport Supplemental Master Plan and the Liuht Industrial zone. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance .text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or - alley right-of=way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. N/A A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. ~ A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. f iti ner' Signature ATTEST REZONING CHECKLIST: X a. MAP X b. SIGNATURES N/A c. DEPOSIT/ADVERTISING FEE ($106) X d. APPLICATION FORM OR LETTER N/A e. AFFIDAVIT OF POSTING CHAIRPERSON Proposed Rezone Attachment B Parcel # ACREAGE LEGAL T 6N R 11 W SEC 29 SEWARD MERIDIAN KN E1/2 NE1/4 & 4101004 120.00 SW1/4 NE1/4 T 6N R 11 W SEC 28 & 29 SEWARD MERIDIAN KN W1/2 4101006 480.00 OF 28 & SE1/4 OF 29 T 6N R 11W SEC 29 SEWARD MERIDIAN KN BEGINNING AT THE SOUTHEAST CORNER OF SW1/4 TH N 89 DEG 57 MIN W 188.62 FT TH N 31 DEG E 364.98 FT TH S 0 DEG 07 4101010 0.68 MIN 313.02 FT TO THE POB T 6N R 11W SEC 29 SEWARD MERIDIAN KN THAT PORTION OF THE SW1l4 AS PER SUPERIOR COURT 4101014 79.32 ORDER UNDER CASE NO 3KN-86-1406 CI T 6N R 11 W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 4318041 445.00 32 EXCLUDING SUBS & LEASED AREAS T 5N R 11 W SEC 5 & 6 SEWARD MERIDIAN KN THOSE PTN OF SEC 5 & 6 LYING NORTHEAST OF KENAI SPUR HWY & EAST OF BIRCH DR & NOR T HWEST OF MAiN ST EXCLUDING USS 4969 & GUSTY SUB KN001700 & GUST SUB ADDN NO 1 AMENDED KN840183 & GUST SUB NO 3 4327036 33.95 KN840237 & GUSTY SU T 6N R 11W SEC 32 SEWARD MERIDIAN KN 2001034 4336040 3.60 FBO SUB NO 07 LOT 4 T 6N R 11 W SEC 32 SEWARD MERIDIAN KN 2004085 4336043 3.60 FBO SUB NO 8 LOT 5 Total Acreage 1166.15 Attachment Proposed Rezone Ge nerated: 02/29/2008 Tax id~4101002 Lot Size:160 acres Assessed Value:$100n000.00 jJr WQ® ~E S 1:14117 ~-a., hoc. Owner(s~ ' HANSEN PETER O Pr~ Address 1400 REDOUBT AVE I Kenay AK 99611 Mailin Address PO BOX 1390 KENAI, AK 99611 Legal Description T 6N R 11 W SEC 30 SEWARD MERIDIAN KN T 6N R 11W SEC 30 SEWARD MERIDIAN KN Structures Assessed Structural Value $0.00 Assessed Land Value $100,000.00 Total Assessed Value $100,000.00 City Zoning 'RURAL RESIDENTIAL P Tax Tax id~4301023 Lot Size 20 acres Assessed Value~$32,600.00 N W E S 1:14117 Structures Owner(s1 COX GRETA & ROBERT L Property Address 01 01 REDOUBT AVE Kenai, AK 99611 Mailin Address 509 PINE AVE KENAI, AK 99611 Le al Description T 6N R 11W SEC 31 SEWARD MERIDIAN KN E NE1/4 NE1/4 Generated: Assessed Structural Value $0.00 Assessed Land Value $32,600.00 Total Assessed Value $32,600.00 City Zoning RURAL RESIDENTIAL Tax id:4301008 Lot Size:40 acres Assessed Value:$77,700.00 //+N~~~ WE ~S 1:14117 Owner(,s HALL CLINT D Property Address 1050 FIFTH AVE Kenai, AK 99611 Mailin Address 1212 1ST AVE KENAI, AK 99611 Le al Descri tion T 6N R 11W SEC 31 SEWARD MERIDIAN KN SE1f4 NE1/4 Structures .Assessed Structural Value X0.00 Assessed Land Value $77.700.00 Total Assessed Value $77,700.00 City Zoning RURAL RESIDENTIAL Generated: Tax id:4101013 Lot Size:80 acres Assessed Value:$50~600.00 N W E S 1:14117 ~~ - .., ~~ F ~~ G , ti ~~ ' I v ~ ~. ji E F is ,~ >~ Structures O ner s POORE KATHRYN L Pro erty Address NONE NONE ~ Kenai, AK 199611 Mailin Address __ 712 W PORTLAND ST PHOENIX, AZ 85007 I Legal Description (T 6N R 11W SEC 29 SEWARD MERIDIAN KN SW114 EXCEPTING THEREFROM THOSE PORTIONS AS PER W/D 51 @ 152 AND AS PER SUPERIOR COURT ORDER UNDER CASE NO 3KN-86-1406 CI Assessed Structural Value X0.00 Assessed Land Value $50.600.00 Total Assessed Value $50,600.00 Cit r Zoning RURAL RESIDENTIAL T+eM fod. Suggested by: CI'T`Y CBF KENAI RESOLUTION NC. 2008-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVIGES CONTRACT TO BEACON OCCUPATIONAL HEALTH AND SAFETY SERVICES, INC. FOR MANAGEMENT OF THE FIRE TRAINING FACILITY. WHEREAS, It is in the best interest of the City of Kenai to contract far management of the Fire Training Facility; and, WHEREAS, the administration recommends award of a professional services contract to Beacon Occupational Health and Safety Services, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that The city administrator is authorized to negotiate and execute a professional services contract with Beacon Occupational Health and Safety Services, Inc. for management of the Fire Training Facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March 2008. PAT PORTER, MAYOR AT'T`EST: Carol L. Freas, City Clerk Approved by Finance:~_ (02/28/2008) Is 57 `~~(la~e u~it~ a fast ~i~r cvitti a Fi~tu~e„ y,~,n ~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I! ~ Telephone: 907-283-7535 (FAX: 907-283-3014 __.-;. 1992 ~E1fC G6~/d~ KENA~ 5KA s TO: City Council /I~- FROM: Rick Koch (/ DATE: February 28, 2008 SUBJECT: Alaska Fire Training Center Facility Management Agreement Resolution 2008-12 The purpose of this con~espondence is to request the City Council adopt the above referenced resolution authorizing the city administrator to negotiate and execute a professional services oontraet with Beaeon Environmental Health and Safety Services, Inc. {Beacon} for management of the Fire Training Facility Far a term of five years. As previously reported the State of Alaska, Deparhnent of Public Safety, has given notice to the City they wi11 no longer manage the facility after Apri130, 2008. The State Fire Marshall has also told me they are amenable to an earlier date, if the Cify has aparty ready to assume management responsibility. The attached contract is in draft form, in a legislative format, depicting items we are discussing with Beacon. During the meeting of Wednesday, March ~`~', administration wi11 provide the negotiated proposed contract as a substitute. Thank you for your attention in this matter. If you have any questiorzs please contact me at your convenience. attachment 58 FACILITY MANAGEMENT AGREEMENT FOR ALASKA. FIRE TRAINING CENTER THIS AGREEMENT is made and entered into on this day of March 2008, by and between the CITY OF KENAI, an Alaskan home-rule municipal corporation with offices at 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 (hereinafter "City"), and Beacon Occupational Health and Safety Services, Inc., (hereinafter "Beacon") 800 Cordova Street, Anchorage, AK 99501. WITNESSETH: WHEREAS, the City owns the Alaska Fire Training Center (hereinafter the `"Center") located in Kenai, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aircraft and structural/industrial settings; and WHEREAS, Beacon has certain technical expertise in the field of firefighter training, including training of personnel and Trainers, and the maintenance and operation of fire training equipment; and WHEREAS, the City owns astructural/industrial fire training facility on the Center site, in order to enhance the training opportunities available at the Center; and WHEREAS, the City has constructed an Administration Facility (hereinafter "Facility"), which will accommodate classroom training and certain hands-on training for use of apparatus and fire training equipment; and `~JTrIE° EAS, the City desires that Beacon accept management of the Center, and Beacon desires to perform management of the Center, under the terms and conditions described herein below; and WHEREAS, this Agreement is intended to allow Beacon to manage and operate the Alaska Fire Training Center for the purpose of providing training and other occupational health and safety services. That training curriculum includes, but is not limited to, safe firefighting, hazardous material, emergency response and public safety/law enforcement. NOW, THEREFORE, in consideration of the mutual premises appearing below; and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree, as of the date last appearing below, to be bound by the following terms: Alaska Fire Training Center Page 1 of 10 Facility Management Agreement I. TERM OF AGREEMENT This Agreement shall commence on the date last appearing .below, and shall continue until December 31, 2012, at which time it will automatically renew annually unless notice of termination is given 180-days prior to year-end by either party. YI. OPERATION OF CENTER BY BEACON Beacon shall perform the following duties throughout the term of this Management/Operations Agreement (hereinafter the "Agreement"). In performance of such duties, Beacon shall not act as the City's agent, except to the extent authorized by this Agreement or subsequent written grant of such authority. Beacon shall obtain any and all permits or licenses relevarrt to its performance of services hereunder. A. Training. Beacon shall schedule training at the Center on a year-round basis. The training is intended to include, but not be limited to, firefighting, hazardous material, emergency response, public safety and law enforcement. Beacon shall provide to the City a. AARF and Airport Operations training required by Part 139 to City personnel which shall be fully compliant with Part 139 of the Federal Airport Regulations (as amended} at no cost to the City; and b. Structural/industrial training to City personnel on aclass-available and space- availablebasis at no cost to the City. c. Annual Live Fire Drill training on a space available or reimbursable propane costs basis. d. The only costs would be for training material and if lunch is provided. 2. Beacon shall provide training to third parties. 3. Beacon will generate billings and invoice users for that portion of the Center under its management. 4. The City agrees to pay Beacon a management fee in the amount of $50;000 /annually to manage the Center. The annual management fee will be modified annually by using the following process: a. By January 31S` of each year Beacon will provide a report of operations that includes a summary financial report. If the Center is profitable the management fee will be reduced accordingly. For example, if it makes $30,000 the management fee would only be $20,000 annually. b. At which time the management fee reaches $0 for two consecutive years, Beacon and the City will negotiate a fair rental rate. Alaska Fire Training Center Facility Management Agreement Page 2 of 10 B. Equipment. 1. Beacon shall provide minor maintenance of training equipment, including audio / visual equipment and computers related to Beacon's use of such equipment. 2. Beacon shall return training equipment/systems at the end of the term of this agreement in substantially the same condition as when received by Beacon, reasonable wear and tear excepted. For lost or damaged items, Beacon shall repair or replace City provided equipment. C. Maintenance of Facility. Beacon shall. provide access to the Facility to city personnel (for inspection purposes) during all normal operating hours (and otherwise by reasonable advance notice). The City shall notify Beacon if it requires emergency entry after operating hours. 1. Janitorial services: Beacon shall perform or cause to be performed janitorial services within the interior of the Facility, except the 4,500 square-foot area on the second floor that may be leased by the City to third parties, including trashremovai, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any other floor space is used by the City (or a third-party through the City), apro-rata adjustment shall be made. 2. Utilities: Beacon shall pay utilities directly. To the extent any floor space is used by the City (or by a third party through the City), apro-rata adjustment shall be made. 3. Routine /Minor Maintenance: Beacon shall perform or cause to be performed routine /minor maintenance on all incorporated systems. All incorporated systems: include: waste water pre-treatment (prior to entering the municipal system); water supply; ventilation and air monitoring, propane plant and liquid propane syste~~~s, $re extinguisher charging systems, fire suppression and alarm systems .(sprinklers), electrical, elevator systems, plumbing, heating, ventilation and air conditioning and air systems, emergency breathing systems, communication systems, self-contained breathing appazatus tanks, high pressure charging tanks, and the effluent building structure. However, it shall be the City's responsibility to schedule any inspections (annual or special) which may be required to comply or ensure compliance with any regulations. To the extent any floor space is used by the City (or third party through the City), apro-rata adjustment shall be made for maintenance of those articles which are in common use. a. Minor maintenance is defined as items costing $1,500 or less. 4. Other /Major Maintenance: Items which are beyond routine /minor maintenance and which are non-emergency repairs to be performed by the City shall require notice by Beacon to the City; emergency repairs may be performed by Beacon or a party Alaska Fire Training Center Facility Management Agreement Page 3 of ] 0 performing at its request, so long as Beacon notifies the City as soon as possible of such repair(s). 5. Facility User Fee Fund: Beacon will establish a facility user fee to be charged to users of the facility. The fee will average $10 per class per student_ The fee will be paid to the City by Beacon. The facility user fee is intended to help offset major maintenance items for the Center paid by the City. 6. Warranty Items. Upon discovery of defective workmanship, defective materials, or evidence or poor design, construction or installation, Beacon shall inform the City promptly of such item. 7. Beacon shall invoice the City for any pro-rata adjustments agreed to by the parties. D. Notification. Beacon, by the end of January each year, shall provide the City with a written request for funding any major maintenance and/or equipment items so that the City is able to include such items, if appropriate in the annual budget process. B. Indemnification. Beacon shall save or hold the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by Beacon, its agents, employees, customers, invitees, or caused by Beacon occupation,. operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. Notwithstanding the afore stated provision, the City shall save or hold Beacon harmless from all actions, suits, liabilities, or damages to the extent resulting from or arising out of any negligent acts of commission or omission by the City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caused by the Tenant's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. F. Insurance. Beacon shall obtain and maintain insurance, in arnoun`~s hot less this. those listed below, by insurance companies with acceptable industry ratings, so Long as such company is not barred from insuring City assets. All policies or endorsements shall, where possible, name the City as an additional insured. Beacon shall not commence to perform under this Agreement until all required insurance is in full force and effect. 1. Beacon shall provide the City with certificates of insurance within thirty (30) days of the effective date of this Agreement. The insurance shall be provided by a carrier rated "A--" or better by A.M. Best. Comprehensive general liability combined single limit (death, bodily injury and property damage) $5;000,000.00 Worker's Compensation Statutory Minimum Alaska Fire Training Center Page 4 of 10 Facility Management Agreement G. Compliance with all applicable regulation. In performing under this Agreement, Beacon agrees that it shall comply with all applicable local, state and federal regulations pertaining to such performance. Beacom shall not knowingly permit illegal activities to occur on the Center premises. H. Independent Contractor Status. Beacon shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Beacon performs the services required hereunder. Nothing contained herein shall be construed as creating an employment or agency relationship between the City and Beacon (for the purposes of this Section, Beacon shall include its employees, agents, officers, directors, and subcontractors). Beacon shall be solely responsible for the compensation (including benefits, if any) paid to said parties. Beacon shall determine the appropriate personnel required to perform the duties described herein, and shall select, hire, supervise, and manage such personnel. This agreement does not lease, demise, rent or otherwise convey any land or interest in lands or property, in the Facility or Center, or the property at 450 Marathon Road, Kanai, Alaska. I. Management. Beacon shall have management authority of the Center for hands-on training on aircraft and structural-industrial settings, including all parking spaces-except 12 which shall be reserved for athird-party tenant. Beacon shall have management authority of the Facility (including the entire first floor and the following spaces on the second floor: prop room and library for classroom and hands-on training). The City shall ensure that use of the second floor space by any third party (non-government entity) is not incompatible with Beacon management and operation of the facility. Subject to the provisions of Section III-J, the City may, on a reasonable and scheduled basis, utilize classroom spaces on the first floor for educational purposes as long as it does not interfere with Beacon management of the premises. The City reserves the right to the use of the Center and Facility during government declared local or area-wide emergencies. III. CITY SHALL PERFORM THE FOLLOWING DUTIES THROUGHOUT THE TERM OF THIS AGREEMENT. A. Ingress and Egress. Provide ingress and egress to Facility for. Beacon, officers, employees, agents and invitees. B. City Maintenance of Center Property.. The City shall provide all major maintenance of the Facility, non-potable water system (as well as systems to carry run-off from the same), mechanical, electrical and plumbing systems (not including landscaping, grass cutting) and. snow removal on the access road and parking lot. Alaska Fire Training Center page 5 of 10 Facility Management Agreement C. Systems and Equipment. The City shall be provide and be responsible for the major maintenance and/or replacement of incorporated Facility systems, including prop controls and operations panels, which. shall be maintained in good working order by Beacon. 1. Major maintenance is defined as items costing greater than $1,500. The Facility User Fee will be used to offset major maintenance items. D. Non-potable Water for Training. The City shall provide (and maintain-routine and otherwise) adequate fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the run-off from same. E. Cooperative Marketing Efforts. The City shall work cooperatively with Beacon to market the Center with the goal of attracting new business for the Center and to retain established clients. The City will ensure the availability of information and materials to enable Beacon to incorporate sales, public relations and local tourism by Center clients. R Training Vehicles. The City shall provide the training vehicles listed on Attachment A made a part hereof by this reference at no charge to Beacon for use in Beacon performance hereunder. The City shall ensure that the vehicles receive routine service maintenance, annual factory service, and any applicable certifications. The City shall provide automobile liability insurance with an insurance company with an acceptable industry rating in the amount of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. The City shall provide Beacon a certificate of insurance naming Beacon as additional insured on such policy. G. Exclusivity. In recognition of the extraordinary investment of time and resources by Beacon and the City to develop a comprehensive training site, during the term of this Agreement, the City shall not contract with nor grant to any third party the right to provide fire uaiiiing services f;r Kenai on the Center's site, unless each training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthermore, throughout the term of the Agreement, no fire-related training on the site shall be scheduled independently by the City without prior coordination with Beacon. H. License Applications. The City shall assist Beacon by providing any information which may be reasonably required by Beacon to obtain permits or licenses, or to otherwise comply with local, state or federal regulations. IV. MISCELLANEOUS A. Assignment: Neither party may assign this Agreement to another party without the prior written permission of the other party. However, no assignment shall relieve the original contracting parry from its obligations hereunder, and the assignee shall be subject to all terms and conditions of this Agreement. Alaska Fire Training Center Facility Management Agreement Page 6 of 10 B. Default, Right to Cure, and Termination. 1. Termination. This Agreement may be terminated by either party by giving ninety 180 days notice. 2. Accrued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties shall pay to one another fees accrued through the date of termination; but the payment and acceptance of such sums by either party shall be without prejudice to claims by either party for daznages arising out of the breach by the other party of this Agreement, including wrongful termination. 3. Return of Property. If, at the time of termination, either party has in its possession funds or other property of the other party, such property shall be retuned to the owner immediately, but not later than thirty (30) days following receipt of written notice. 4. Rights and Remedies. The rights and remedies of the parties contained in this section are not exclusive and are in addition to all other remedies available to the parties at law or in equity. 5. Non-waiver. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of such party thereafter tosnforce each and every provision hereof. 6. Amendment. This Agreement may be amended only by written agreement. executed by the parties. 7. Choice of Law. The laws of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Any action commenced under this Agreement shall be fried in the Third Judicial District at Kenai, Alaska. 8. Severability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, Lurless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either party reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior written notice, subject to all other termination provisions set forth herein or in the Lease. C. Right of First Refusal: Beacon has first refusal rights to the additional space on the second floor when the current lease has expired. D. Naming of the Facility: Beacon has right to use/refuse the Facility's current name "PRISM Training Center." Alaska Fire Training Center Facility Management Agreement Page 7 of 10 E. Current Upgrades /Repairs: The City shall perform or cause to be performed the Center/Facility's equipment, as per list provided to the City, shall be brought up to current 2008 operation standards to insure that all equipment is and remains fully functional. F. Notices. All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United States mail, postage prepaid, and addressedas follows: IF SENT TO CITY City Manager City of Kenai Z10 Fidalgo Avenue Kenai, AK 99611-7744 or at such other place as the City may, from time to time, designate by notice to Beacon. IF SEIvTT TO BEACON Beacon OHS5, Inc. 800 Cordova St. Anchorage, AK 99501 Attn: Mark Hylen or at such other place as Beacon may, from time to time, designate by notice to the City. G. Force Majeure. Except as othe~tvise provided, neither party shall be obligated to perform hereunder, and neither shall be deemed to be in default, to the extent its respective performance is prevented by fire, earthquake, flood, act of God, strike, picket, or boycott of the Center, riot, civil commotion, or other matter or condition beyond the control of the parties, including the unavailability of sufficient fuel or energy to operate the Center, or any law, ordinance, rule, regulation, or order of any public or military autiroriry stemming from the existence of economic controls, riot. hostilities, war or governmental law and regulation. H. Integration. This Agreement and all incorporated attachments and appendixes hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either oral or written between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. PASSED and APPROVED by the City Council of the City of Kenai, Alaska, on the _ day of 2008. Alaska Fire Training Center Facility Management Agreement Page 8 of 10 CITY OF KENAI By: Rick R. Koch, City Manager By: ATTEST: Carol L: Freas, City Clerk APPROVED AS TO FORM: .u----- Cary R. vraves, Ctty t'.u~iiicy STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this -day of 2008, RICK R. KOCH, Kenai City Manager, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instnunent on behalf of said City. Notary Public for Alaska My Commission Expires: Alaska Fire Training Center Facility Management Agreement Page 9 of 10 STATE OF ALASKA. )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2008, for State of Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of Notary Public for Alaska My Commission Expires: Alaska Fire Training Center Facility Management Agreement Page 10 of 10 ~~ '®V'lfa~e witti a Past Gc~ t 210 Fidalgo Avenue, Kenai, Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Kenai City J DATE: February 21, 2008 ~/ RE: PREPARATYON OF COMMISSION/COMMITTEE PACKETS During a recent commission meeting, a discussion took place about the meeting packets and a desire to have them provided as a PDF file. This discussion has come up previously and at that time, it was felt that packets should continue to be provided as a hard copy. Presently, packets are copied and mailed to all seven of the commissions/committees provided through this office as well as the Planning & Zoning Commission. To maintain consistency and less confusion, this method will continue. However, on the same day the packets are prepared and copied (which is done a week prior to the meeting), the packets are also uploaded as a PDF file to the city's webpage where it could be downloaded and saved to a hard disk if so desired. We have been uploading complete packets of all the commissions/committees since our new copier/scanner was installed. The scanner only scans in black and white and that is why we try to provide color copies of maps, etc. in packet envelopes along with the hard-copied packet. It is my understanding, a member indicated the City Council's packets are sent to them as a PDF file. This is incorrect. At their direction, the council members receive a hard copy of the meeting packet. In addition, a copy of the packet is placed on the city's webpage where it can be viewed or downloaded and saved if desired. You will find the commission/committee e-packets on the webpage as follows: • Go to www.ci.kenai.ak.us Click on 'Commissions & Committees' at the top of the page (just under the picture). • When you arrive on the 'Commissions 8v Committees' page, scroll down to 'Your' Commission and click on 'Next Meeting Agenda.' From there you can review the packet or download and save it to your hard disk. If there are questions or concerns, please contact me at 283-8231...and thanks! clf cc: Commission/Committee Staff Rick Koch, City Manager