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HomeMy WebLinkAbout2010-04-15 Airport Commission PacketAGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY March 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Tenth Annual Kenai Peninsula Air Fair Poker Run ITEM 6: NEW BUSINESS a. Discussion /Recommendation 2010 Goals Objectives b. Discussion /Recommendation Meeting Schedule ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for March 13, 17 and April 7, 2010. b. Article entitled, FAA Says Church's Live Oaks Near Hilton Head Airport Must be Trimmed or Cut. c. Article entitled, FAA: Planes Can't Use Airport Until Golf Course Cuts Trees. d. Mutual Rescission of Lease /Lots 5 8; 6, Block 1, FBO Subdivision. e. Public Service Announcement entitled, Begich Supports FAA Reauthorization in Senate. ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION APRIL 15, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL 283 -8231 OR MARY 283 -7951 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY February 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion FY2011 Budget ITEM 6: NEW BUSINESS a. Discussion Schedule Work Session for Airport Capital Improvement Program ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION MARCH 11, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS ITEM 11: ADJOURNMENT •lzvn 3 a. Kenai City Council Meeting Action Agendas for February 17 and March 3, 2010. b. Commission /Committee Appreciation Dinner Invitation. c. Airport Manager's Reports January and February 2010. d. Resolution No. 2010 -14 Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: Commissioner Bielefeld read the following addition: ADD TO: MOTION: Commissioner Bielefeld MOVED to approve the agenda with the addition and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. MOTION: ITEM 4: 4 -a. ITEM 5: 5 -a. KENAI AIRPORT COMMISSION MARCH 11, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING AGENDA APPROVAL Item 4: Persons Scheduled to Be Heard Mayor Pat Porter PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion FY2011 Budget Roll was J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, G. Feeken E. Mayer, R. Rogers Airport Manager M. Bondurant, Council Member J. Moore ITEM 3: APPROVAL OF MEETING SUMMARY February 11, 2010 Commissioner Zirul MOVED to approve the meeting summary of February 11, 2010 and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. Mayor Pat Porter, 310 Rogers Road Invited the Commissioners to the Appreciation Dinner on March 25, 2010. City Manager Koch reviewed the FY2011 airport budget included in the packet, noting history of the airport fund and steps taken to turn the budget around. General discussion followed. Commissioner comments included: Thanked Administration for putting monies for the fuel pump upgrade back into the budget. Noted the pumps provide a necessary service. ITEM 6: NEW BUSINESS 6 a. Discussion Schedule Work Session for Airport Capital Improvement Program City Manager Koch reviewed capital improvement projects for the airport and the outlay of funds and suggested a work session to discuss phasing these projects. MOTION: Commissioner Bielefeld MOVED to request changing the April 8, 2010 Airport Commission meeting to April 15,2010 and schedule a work session prior to the meeting at 5:30 p.m. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED, ITEM 7: REPORT 7 -a. Commission Chair None 7 b. Airport Manager Airport Manager Bondurant noted the following: She had not received updated ads from the designer, but would bring them to the next meeting. The Runway Safety Action Team would be here April 26, 2010 at 2:00 p.m. at the Beacon Training Center. Reminded the Commissioners to RSVP to the City Clerk regarding the Appreciation Dinner. There would be a tenant /contractor /engineer meeting on March 16 to discuss the Apron Rehabilitation Project scheduled for summer 2010. Updated the Commissioners on the Air Fair, noting Crowley, Beacon and GCI would again sponsor the event. 2010 Goals and Objectives would be discussed at the next meeting. 7 c. City Council Liaison Council Member Moore reviewed the action agenda items of the February 17 and March 3, 2010 City Council meetings included in the packet, and noted the special meeting on the WalMart Liquor license. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS AIRPORT COMMISSION MEETING MARCH 11, 2010 PAGE 2 Knackstedt inquired about additional personnel within the airport budget and Bondurant noted she would discuss it with the City Manager and Finance Director. Knackstedt inquired about the bar /lounge concession and Bondurant noted the lessee wanted to allow smoking in the bar and would be attending the April 3, 2010 Council meeting to discuss the issue. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION ITEMS 10 a. Kenai City Council Meeting Action Agendas for February 17 and March 3, 2010. 10 b. Commission /Committee Appreciation Dinner Invitation. 10 c. Airport Manager's Reports January and February 2010. 10 d. Resolution No. 2010 -14 Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. ITEM 11: MOTION: ADJOURNMENT Commissioner Porter MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:41 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk AIRPORT COMMISSION MEETING MARCH 11, 2010 PAGE 3 Attachment ena u Mfunicipal Airport MEMO "Sewivtgyt &GreaizrKenta.iv Peninsular 305 N. WILLOW ST. SUITE 200 10?IA1, AI nCKA 99611 TELEPHONE 907 283-7951 FAX 907 2833737 To: Airport Commission From: Mary Bondurant Airport Manager Date: April 8, 2010 Subject: Update 10th Kenai Peninsula Air Fair The Kenai Peninsula Air Fair is set for Saturday, June 5. The event will kick off at the Soldotna airport with the EAA breakfast in the EOFF hangar. The event then carries over to the Kenai airport in the afternoon. The airport staff is very busy with preparations. Poker Run Rules and registration packets will be available as soon as bucket locations are confirmed. The air fair fund will pay the fuel to anyone wanting to fly to the different locations and place the poker run buckets. Advertising Design is in progress for the t -shirt, poster, and postcards. The Clarion billboard is attached for your review. The cost is $1000 for two circulations. The air fair fund will pay this charge. Entertainment The Dixie Express from the US Band of the Pacific has committed to the event. Static Displays Staff is continually pursuing military, commercial, and general aviation static displays. The Grumman Goose from the Alaska Aviation Heritage Museum will be here. The air fair fund will pay $250 for the aircraft's fuel. Vendors Vendor tables are available for $50 Poker Run Prizes The majority of poker run prizes will be purchased from local vendors this year. The air fair fund will pay for these prizes. Barbeque Volunteers are needed to work the barbeque in Kenai. The ribs will be cooked by Steve Horn; however cooks are needed for the hamburgers and hotdogs, and to work the food table. Does Commission wish to make any recommendations or comments to ensure this event is a success? l elliftSllid Air Fins:- it Potter Run 10th Annual Saturday, June 5, 2010 EAA PANCAKE 1 r BREAKFAST Sohinnta Airport ham -11am BBQ K enai Airport 1pm3pin elation Event 2pni PUBLIC ovauvt uu in .7 t ak us xww KenaiAtrilpori urt.tu 283.7951 irww.tps am ak:as 2 2624672 Memo Attachments "Sewi,nwthe'Greai -Kenai P 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907. 2837951 FAX 907-283-3737 To: Airport Commission From: Mary Bondurant Airport Manage Date: April 8, 2010 Subject: 2010 2011 Goals Objectives www. KenaiAi rport. com City Administration requested Department Heads ensure theft respective Commission's address the goals and objectives of the department on an annual basis. After researching past meeting minutes, it appears the Airport Commission has not discussed or reviewed goals and objectives since March of 2002. Attached are goals and objectives lists from 2000, 2001, and 2002. Please take the time to review these past lists and be prepared to develop a new list at the April meeting. I have also attached a worksheet for your use in noting any suggestions. Keep in mind that a goal is a long -range aim for a specific period. It should be specific and realistic. An objective is a specific step which enables you to accomplish a goal. KENAI MUNICIPAL AIRPORT COMMISION GOALS AND OBJECTIVES 2000 1. Airport Beautification Paint compass rose Airport logo Concrete planters 2. Gravel /Ski Strip 3. Float Plane Basin Camping area sign 4. Terminal Building Replace carpet /seats 5. Airport Administration Evaluate need for additional personnel 6. Advertising Marketing Evaluate advertising overall look of terminal Milepost Criteria budget for community advertising Develop an overall long term strategy /plan of what we'd like to see at the airport (businesses, community) Welcome to Kenai 7. Airport Rules and Regulations Ramp driver training program Move driving lane 8. Other Electrical outlets for airplane plug ins winter Fence to block wind long term parking Move parking lot Commission have more input in the meeting packet (such as agenda information) Airport Commission Goals Page 1 of 1 2/26/10 Airport Beautification Paint compass rose Airport logo Concrete planters Decorative Lighting 3. Float Plane Basin Camping area sign KENAI MUNICIPAL AIRPORT COMMISSION GOALS it OBJECTIVES 2001 2. Gravel /Ski Strip Storage Box Standard Design 4. Terminal Building Replace carpet /seats Terminal Exterior /Concrete Work Play Area 5. Airport Administration Evaluate need for additional personnel On -Call Equipment Operator Extend Groundskeeper to Year Around Part -Time 6. Advertising Marketing Evaluate advertising overall look of terminal Criteria and budget for community advertising Develop an overall long -term strategy /plan of what we'd like to see at the airport (businesses, community) Welcome to Kenai Alaska Journal of Commerce advertisement Corporate Pilots advertisement Collings Foundation Advertise more in commercial and aviation magazines 7. Airport Rules and Regulations Ramp driver training program 8. Other Electrical outlets for airplane plug -ins for winter Move long -term aircraft parking area Commission have more input in the meeting packet (such as agenda information) Local Radar System Evaluate, investigate development of hangar building for rentals (1 /11 /2001) Municipal Airport Primary: Develop criteria to create a long -range business plan for Kenai 1. Airport Beautification Maintain current levels of efforts without additional expenditures 2. Gravel /Ski Strip Storage Box Standard Design 3. Float Plane Basin Signage for Float Plane Basin Maintain currently rented slips 4. Terminal Building Terminal Exterior /Concrete Work Parking and driveway design 7. Airport Rules and Regulations Ramp Driver Training Program 8. Other: GOALS AND OBJECTIVES 2002 2003 5. Airport Administration Evaluate need for additional personnel 6. Advertising Marketing Hire consultant to evaluate and develop airport long -range economic and marketing strategy Develop airport brochure Use Clarion and Anchorage Daily News classified ads to promote tie -down availability and Float Plane Basin Electrical outlets at ski strip Commission requests more input in meeting packet (i.e., agenda items) Security: Gates /Fences Local Radar System Airport Commission Goals Page 1 of 1 KENAI MUNICIPAL AIRPORT COMMISION GOALS AND OBJECTIVES WORKSHEET 1. Airport Beautification 2. Gravel /Ski Strip 3. Float Plane Basin 4. Terminal Building 5. Airport Administration 6. Advertising Marketing 7. Airport Rules and Regulations 8. Other Airport Commission Goals Page 1 of 1 2/26/10 Commission /Committee /Board Meeting Schedule Scheduled Meeting Days Planning Zoning Commission Twice monthly January through December, Second Fourth Wednesdays Library Commission Monthly First Tuesday of the month. Council on Aging Monthly Second Thursday of the month. 1 Beautification Committee Meetings held March, May, July September Second Tuesday of the month. Parks Recreation Commission Meetings held January, April, July October First Thursday of the month. Airport Commission Monthly Second Thursday of the month. Harbor Commission Monthly First Monday after first council meeting of the month. Advisory Cemetery Committee Monthly Third Thursday of the month. Drn 106 KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission, Committee Board Reappointment: If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval, Formation of Subcommittees of Commissions, Committees or Boards. A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be electronically recorded and the recordings (the official record) stored in the City Clerk's Office. Meeting Schedules: Until further notice, the commission /committee meeting schedule is as follows: 1. Commission, committees and boards, including Library, Parks Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre knowledge of lack of quorum, etc. 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4:30 p.m. October through April, and 7:00 p.m., May through September. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes /Meeting Recording: 8. Excepting the Planning Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings 10. Electronic recordings of the meeting group, except the Planning Zoning Commission, shall be kept for two years. 11. Planning Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly- scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. EFFECTIVE: This directive shall take effect November 20, 2008 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the 19th dar\of NQvcgnber, 200 ATTEST: Carol L. Freas, City Clerk clf Revised 11/19/08 PAT PORTER, MAYOR Municipal Airport Airport Projects: 2010 -03 Airport Manager's Report For March 2010 Taxiway F, G, H Lighting, Grading, Drainage Improvement: Winter shutdown. Apron Rehabilitation: A meeting is scheduled with airport tenants for Tuesday, March 16 to discuss the summer schedule. As the apron rehab continues to the south, there will be more impact with air carriers and tenants. To ensure that tenants and air carriers have limited impact, several tenant meetings will be held before the construction season. Float Plane Basin Facility Improvement Project: The Airport has received the Phase One Float Plane Basin Environmental Site Assessment from American Environmental. It is their opinion that the property is suitable for development with no environmental impacts expected from the identified sources. Runway Safety Action Teams (RSAT): The FM requires that every airport with an Air Traffic Control Tower (ATCT) have a Runway Safety Action Plan which is updated by a RSAT. The team is composed of experts from Runway Safety, Airport Certification, Flight Standards, Air Traffic, and Operations. The team tours the airport, evaluates procedures with the ATCT, and consults with various users. A meeting with the team, airport manager, operations personnel, and airport users is scheduled for 2:OOpm, Monday, April 26, at the Beacon Fire Training Facility. The airport has supplied a mailing list of airport users and RSAT will be mailing out invitations. 10 Annual KPAF Update: Mark your calendar for June 5. Staff is actively working to secure sponsorships, military participation, and static displays. ERA GRANT Change KENA€ Combined Month AVIATION AVIATION Total 2009 from AVIATION Month Total 2009 January 4,466 1,797 6,263 6,824 -561 129 6,392 February 4,142 1,805 5,947 5.971 -24 110 6,057 March 4,787 2,101 6,888 6,029 859 355 7,243 April 5,804 May 6,611 June 6,857 July 9,612 August 9,153 September 7,379 October 6,919 November 6,714 December 6,260 Totals 13,396 56703 19,098 84,133 274 594 19,692 Mar FY09 815,188 S15,238 FY10 Masnicipal Airport 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 ►vena ERA 4,787 Terminal Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May San ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ACTION AGENDA KENAI CITY COUNCIL SPECIAL MEETING MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us Item Ida ITEM B: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. PASSED UNANIMOUSLY. LIQUOR LICENSE TRANSFER Package Store From Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. ITEM C: ADJOURNMENT ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 17, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. PASSED UNANIMOUSLY. Ordinance No. 2465 2010 Increasing Estimated Revenues and Appropriations by 52,175 in the General Fund for a State Farm Insurance Grant Awarded for the Purchase of an Educational 911 Simulator Phone. 2. PASSED UNANIMOUSLY. Ordinance No. 2466 2010 Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund City Manager Department to Prepare for the City's Application for the 2011 All America City Award. 3. PASSED UNANIMOUSLY. Ordinance No. 2467 -2010 Increasing Estimated Revenues and Appropriations by $1,481.45 in the General Fund for Ballistic Vest Reimbursements from the U.S. Department of Justice. 4. PASSED UNANIMOUSLY. Ordinance No. 2468 2010 Increasing Estimated Revenues and Appropriations by $11,687.50 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. 5. PASSED UNANIMOUSLY. Ordinance No. 2469 2010 Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund Non Departmental to Provide a Grant for the Restoration of the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town Kenai. 6. PASSED UNANIMOUSLY. Ordinance No. 2470 -2010 Increasing Estimated Revenues and Appropriations by S602 in the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAC). 7. PASSED UNANIMOUSLY. Ordinance No. 2471 -2010 Increasing Estimated Revenues and Appropriations by $15,000 in the General. Fund Police Department to Purchase Equipment. 8. PASSED UNANIMOUSLY. Resolution No. 2010 -17 Recognizing the Year 2010 as the 50TH Anniversary of the Incorporation of the City of Kenai. 9. PASSED UNANIMOUSLY. Resolution No. 2010 -18 Authorizing a Budget Transfer Within the Street Lighting Department to Cover Costs in Excess of Budgeted Amounts. 10. PASSED UNANIMOUSLY. Resolution No. 2010 -19 Approving a Grant in the Amount of $5,000 to the Kenai Watershed Forum. ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Regular Meeting of March 3, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. 7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 8. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 9. APPROVED. Action Item Public Utility Easement Requests /City- Owned Properties to Alaska Communication Systems for Purpose of Installing Buried Communication Cables. 10. SCHEDULED /MAY 7 8, 2010. Discussion Town Hall Meeting Plan Update ITEM H: COMMISSION /COMMITTEE 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 d. Kenai Convention 8s Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities global Climate Change Compact and supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. AMENDED/PASSED UNANIMOUSLY. Ordinance No. 2472 2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. PASSED UNANIMOUSLY. Ordinance No. 2473 2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2475 2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. a. PASSED UNANIMOUSLY. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. PASSED UNANIMOUSLY. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. PASSED UNANIMOUSLY. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 PASSED UNANIMOUSLY. Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. PASSED UNANIMOUSLY. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00. 9. PASSED UNANIMOUSLY. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. POSTPONED TO JULY 7, 2010. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. REMOVED AS PROTEST /ADDED TO CONSENT AGENDA AND APPROVEDOO. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWN. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. APPROVED /CONSENT AGENDA. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Special Meeting of March 13, 2010. 2. APPROVED /CONSENT AGENDA. *Regular Meeting of March 17, 2010. ITEM F: UNFINISHED BUSINESS 1. APPROVED. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2478 2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements filial Internet Crimes Against Children (ICAC). 4. APPROVED. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). 5. APPROVED. Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. APPROVED. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms 7. SCHEDULED /6/7 16/2010. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. 8. RESOLUTION TO FOLLOW/PROCEED WITH COLLECTIONS. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. ITEM 11: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney. (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. DIRECTION GIVEN to City Attorney and City Manager to work on and monitor the Kenai Landing issue; directed the City Manager to monitor the issue with TransCanada and potential sale of property; and, directed City Attorney and City Manager to follow City Code with regard to Ma Pal Alaskan Treasures, Inc. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT .FAA says church's live oaks near Hilton Head airport must be trimmed or cut I islandpacket.com Page 1 of 2 FAA says church's live oaks near Hilton Head airport must be trimmed or cut By LAURA NAHMIAS inahmias @island9acket. corn 84 -70 6-8109 Published Monday, March 22, 2010 ,(3) 1 Cy na (0) packet ,cots azeet.te c Two large live oak 1(885 near Si James Baptist Church must n5 trimmed or removed to ensure that planes can tette off and land safely at Hilton Head island Airport, according to the Federal Aviation Adrnl ocsira Son. The oaks pose a "substantial adverse effect to air traffic F. engineer Anthony Cochran wrote in a March 1(N letter to Beaufort County airports director Paul Andres. Town officals and members of the natiyebsiand e irsinity had hoped to preserve the tree whir h are near the end of the runway and 000re than' 75 years old. The Hilton Head Island Town Council recently approved a measure to make 8 easier for Beaufort County to out hoes at the airport to rneet FAA safety guidelines But the 60 -cot -tall troos were spared: the town directed the county to light the trees instead of cutting there down, provided the FAA OK'd that solution In his letter, however. Cochran said no: "The FAA will not provide funding for the proposed project If these oak trees are not trimmed or removed" The FAA plane to provide 53.3 million to remove all the Rees deemed to be obstructio work is scheduled to begin June 1 Town Council members and Mayor Tom Peep to pay for more frequent trimmings of live oaks being chopped down 'I think ail we can do is trim them hank the most mi nim amo are necessary."' Peeples said with a dote of resignal :ion. "II [1105 0008 oak trees differently Peeples said he thought the possibility of righting the tree; was slier, When P was proposed, trying Much of the 11005 canopies will have to' be removed to meet FAA guidelines, said Sarah 3lagal resources s associate Trimming would cause the trees to lose their symmetry arid might threat she said P and still meet the 1 e the airport 'the nae ;efngs tfle y would be wi11 0hu if It wdl save them front meats that ity, you have to treat specireen liv natural eai111, Any P v: i seriously challenge.. if 0101 kit the trees" Shioe n said The county is m charge of cutting and trimming trees at the awport. Renmving trees has been preferred because trees grow back after being inflicted Beaufort County edministi'ator Gary }Subic said he worried the cost of maintaining trees like the live oaks at the church would be too high. "At some point, we will he using general funds to pay for trin:ning, which means the airport then begins t0 take Sway front services provided to county residents." he said The county will seek bids for the tree butting. and if the financial responsibility" of trimming is too much, the county would look to the town for help whit iree'inrming costs, Kubic said. http: /www.islandpacket.com /2010/03/22/ 1181733/faa- say s- churchs -live- oaks near.html eb Search powered by YAHOO) SEARCH CO''-. Find 9 110010 C 4:; fend ewe red stud 3334 Niii85131 30 _1' n-: eas 51 g elfe n 1 Sk:g0 TYte :1� a :un f 1.:1:5 in_Ue;j [IW to GUrn 6R I11 2t_E :,r Do you qualify for a credit card bailout? At a time in America when banks and other companies_. Mara More Articles Dead end job? Gail a grant for going back to School Age 55 or older? Pay up to 75 %1 less for your cruise Mysterious fruits reverse aging improve hearth The easy way to save on auto 3/23/2010 FAA says church's live oaks near Hilton Head airport must be trimmed or cu Perry White, a r oukesman for S Janes Baptist Church, one of the Hilton Head's congregations, has fought to preserve the church and its trees cloying d of airport expanho tree-clearing The larger of the two oaks is 011 airport property, but the smaller is 00 church land. t N 1 esalc county would need an easement to trim c l'hose trees are treasures on our Island. and they should he protected with all that this Cannes ray can muster White said He paused and then added, The hig tree was, the place where the church used to have picnics when I was a boy, under its leaves." You must be logged in to leave a comment it Comments i 1 Showing'. Newest first f rotate garrerrcu Trading Po3t tree Find Out Why Top Traders Choose FHDD Get A Free 90 -Day Demo Today. 02010 The island eat is too high THAT far from the runway, just how low does everything have to be? Mr. White'. Put up a fence around the tree. Your steeple i3 next. Provide no easement. Draw the line to protect private properly rights. Make them go to to court to advance despicable condemnation proceedings. We'li see If a Judge will permit this. 'this Is the tip of the iceberg relative 0 planned adverse taking of land rights_ Palmetto Hall is next. ti Mr. White, trim the tree(s) before an airplane smacks into It- then you won't have a Mee to trim or much else. More comments on this story 1 Moo sird klr;rras £spn3 Rox 1108it n ittriterwernew 115 3 4 rinoIr:' tiatinfrnce Until You Compare Free Rates as low as Quotes Online Pians 3.616% APR! (As Seen From $30 Month on Good Morning America) More Online Ortierrariert Ads by Yahoo! tnd slandpacket.com Page 2 of 2 7 http: /www. i slandpacket.com /2010/03 /22/ 1 1 8 1 73 3 /faa- says churchs -live- oaks- near.html 3/23/2010 FAA: Planes can't use airport until golf course cuts trees kens5.com San Antonio News, Weath... Page 1 of 2 FAA: Planes can't use airport until golf course cuts trees by Brian New KENS 5 Post. Fyn March 1r 2010 at 12 PM Uni3ted it a ,Mar 1 z 2.'3 AM Planes tr course. The Federal Aviation Administration tc ld the county airpor an instrument approach are allowed t01 c at the airport at might, h eeause= tre neighboring lady Bird Johnson Golf Course violate the federal obstruction clearance. requirement. Before the FAA. iv cut down. However, when th.e county -owned arrport asked the city -own the two sides foun mselves faced with a difficult lie. "I `l th es it will cost S /300,000 and that's not itzrludar illion e xtra it will cost the city to redo two holes that will be "1 still tnav chain n nd at the Gillespie County Airpo have beett gronud ow t?I n ion over money," said airpc he this, and he trees hat: gre e ac trees on It golf course's manager Shelly Ross. .After months arguing, the two sides finally reached an agreement. ore; than a $t- http: /www.kens5.com /news/FAA- grounds planes- because -of- neighboring- golf-course- 88483002.... 3/22/2010 FAA: Planes can't use airport until golf course cuts trees kens5.com San Antonio News, Weath... Page 2 of 2 The count}' has agreed to pay the cit< year -old trees. "It was a hard decision and a sad decision," said Ross. Add another cm nacnt d the eitt° a reed o�v n the 200- http: /www.kens5.com/ news /FAA- grounds planes- because -of- neighboring -golf- course- 88483002.... 3/22/2010 KENAI ALASKA MEMO: TO: Mary Bondurant, Airport Manager FROM: Christine Cunningham, Assistant to City Manager DATE: March 23, 2010 SUBJECT: Mutual Rescission of Lease Lots 5 6, Block 1, F.B.O. Subdivision Attached is a letter from Robert W. Everts on behalf of ENA, LLC, requesting execution of a Mutual Rescission of Lease effective March 31, 2010 for failure to complete improvements as required in the Lease. The lease allows for cancellation for failure to complete required construction under Article XIV, paragraph 2 of the Lease. The Lease required the completion date for constructed improvements to be within two years of the date of the lease, which date is March 31, 2010. ENA, LLC is in compliance with the City and Borough. The City Attomey has reviewed the attached Mutual Rescission of Lease and has no objections to the form. Please include the attached Mutual Rescission of Lease as an informational item on the April 15 Airport Commission Agenda. cc: ENA, LLC attachments Village with a Past, Gi y with a Fisture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 I Ed 1 1 1 1 1 1992 MUTUAL ICI SCIISS11 sN OF LEASE ENA, LLC, whose address is P.O. Box 60908, Fairbanks, Alaska 99706 (hereinafter "Lessee and the CITY OF KENAI, an Alaska municipal. corporation, 210 Fidalgo Avenue, Kenai, AK 99611 -7794, do hereby mutually rescind that certain lease dated April 1, 2008, and recorded at 2008-003907-0 in the Kenai Recording District at Kenai, Alaska, on April 18, 2008, which real property is described as: Lots 5 6, Block 1, F.B.O. Subdivision according to Plat No. 78 -225 In consideration of the mutual rescission of said lease, ENA, LLC and the City of Kenai are each and finally discharged as to the other on said lease. Lessee will be responsible for payment of 2010 property taxes on the above described property. This mutual rescission shall be effective on March 31, 2010. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. LESSOR: CITY OF KENAI By: Rick R. Koch City Manager Page 1 of 3 (if Lessee is a Corporatio ATTEST: Name Title Approv -d as to form by: Stearns City Krista y y LESSEE: ENA, LLC Sy: Title: Page 2 of 3 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, 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 instrument on behalf of said City. STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss Return to: City of'Kenai, 210 Fidalgo Ave., Kenai, AK 99611 Notary Public for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of 2010, the of ENA, LLC, being personally lcnown 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 the corporation. Notary Public for Alaska My Commission Expires: Page 3 of 3 City of Kenai Ms. Kim Howard Assistant to City Manager 210 Fidalgo Ave Kenai, Alaska 99611 -7794 RE: Lots 5 6, Block 1, E.B.O. Subdivision Dear Ms. Howard: ENA LLC PC Bo 61680 fOCV cam, AZ. cw 99706 (907) 450 -2375 March 16, 2010 This letter serves as format notification that ENA LLC will not be completing the required improvements as defined in Article XIV of the Lease of Airport Lands executed on April 1, 2008. Please proceed with initiating the termination of the Lease of Airport Lands effective March 31, 2010. While it was the intent of ENA LLC to make the proposed required improvements, the property has been detennined unsuitable for our large aircraft operations and it is no longer feasible to maintain the lease at this time. We would like to explore the possibility of leasing a larger piece of property that would be more suitable to our construction needs. if this option is available, please forward information regarding the property to our office for review. Please feel free to contact me should you have any further questions in this matter. Your prompt attention to this matter is greatly appreciated. RWE/bds Very truly yours, ENA LLC f By f bent W. J;,; "erts ,:Registerffl Agent FOR IMMEDIATE RELEASE March 22, 2010 2010 -057 Contact: Julie Hasquet, Press Secretary (907) 258 -9304 office (907) 350 -4846 cell Begich Supports FAA Reauthorization in Senate Bill creates jobs, improves aviation safety in Alaska Begich amendment exempts Alaska from oxygen shipment rules With an eye on improving aviation safety and stimulating job creation, U.S. Sen. Mark Begich voted to pass the Federal Aviation Administration (FAA) Air Transportation Modernization and Safety Improvement Act. With widespread impacts on aviation in Alaska, the legislation passed with strong bipartisan support, 93 to 0. The bill makes significant investments in FAA programs, including $8.1 billion nationwide for the Airport Improvement Program which will create American jobs and support airport infrastructure in Alaska. The bill includes $175 million a year for the Essential Air Service program, which subsidizes regular air service to rural areas throughout the country, including 45 communities in Alaska. "You can't go wrong with a bill that creates jobs, improves the safety and efficiency of air travel, and invests in our airports," Begich said. "Many of our communities have no road or ferry access. Aviation is our lifeline as many Alaskans rely completely on small aircraft to keep our communities connected." Sen. Begich successfully added an amendment to the bill benefitting healthcare and employment in rural Alaska. The amendment, offered with Sen. Lisa Murkowski, gives Alaska an exemption to a new rule which went into effect last October requiring cylinders of compressed oxygen and other oxidizing gases to be shipped in rigid, thermal resistant "super boxes" when transported on aircraft. The rule has proved to be overly burdensome in rural Alaska, particularly for communities not connected to the road system which can only receive medical oxygen via aircraft. The "super boxes" are expensive, take -up considerable weight and space aboard a plane, and are not even manufactured for the larger cylinders used by hospitals and the construction industry "Not only does this regulation threaten the health and safety of my constituents but it has halted construction projects in rural communities where they don't have the oxygen they need to perform welding or other industrial applications, jeopardizing the upcoming summer construction season," Begich said. After hearing from medical personnel, airlines, and contractors, the Alaska Congressional delegation worked with the FAA and the Pipeline and Hazardous Materials Safety Administration to get special permits in Alaska allowing for transport without a "super box." The permits, however, only exempt oxygen for medical and veterinary uses and expire later this summer. The amendment passed today would cover the shipment of all oxygen cylinders, regardless ofthe end use. "We are pleased to be able to offer a permanent fix to a situation threatening the safety and welfare of rural Alaskans," Begich said. "It's a perfect example of new rules going into place without recognition of the potential impacts for thousands of Alaskans. 1 appreciate the support Sen. Murkowski and 1 received from our colleagues for this exemption in Alaska." Sen. Begich was pleased to congratulate Bethel musher Pete Kaiser after he finished the Iditarod in 28 place. Kaiser carried an oxygen cylinder on his sled during the race to highlight the importance of the issue to Alaskans. The provision still needs to be agreed to in Conference Committee with the House before the change is codified. The FAA bill also accelerates the deployment of "NextGen," the comprehensive initiative to modernize the nation's air traffic control system from outdated ground -based radar to a more accurate satellite tracking system. The technology at the heart of NextGen, known as Automatic Dependent Surveillance- Broadcast (ADS -B) was first tested in Alaska in an effort to reduce aviation accidents as part ofthe Capstone program in 1999. Other provisions in the FAA Reauthorization Act benefiting Alaska include: Language necessary to complete land transactions relating to the widening of Anchorage's 5 Avenue; The FAA will be directed to implement a system to improve volcanic ash avoidance for aircraft; Language offered by Begich allows for the expanded use of Unmanned Aerial Systems in the Arctic which are used for scientific research by University of Alaska Fairbanks Other items in the bill include a passenger's bill of rights, measures to combat pilot fatigue, enhanced training, allowing airlines to look at a pilot's complete history when hiring, and holding regional airlines and their partners more accountable for safety.