City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, July 31, 2023 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may attend in person, VIA ZOOM or submit comments meeting can be viewed live on Channel 23 and via Facebook Live (300 words or less) for the City Commission. To submit your public or listened to by dialing: 1-312-626-6799 and entering meeting comment or to request the meeting Zoom link to give a public ID 919 2144 9005#. To view on YouTube: https:// comment, email publiccomments@ottawaks.gov no later than www.youtube.com/@ottawaksgov 2:00 pm on July 31, 2023; all emails must include your name and If you need this information in another format or require a address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting noises may be City’s ADA Coordinator at 785-229-3621. Please provide advance muted by the meeting host. If this happens, unmute yourself when notice of at least two (2) working days. TTY users please call 711. you wish to speak. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission, may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for informational purposes only. The Governing Body will take comments under advisement. I. INTERVIEWS FOR CITY BOARDS AND COMMISSIONS (Click on the item to access the attachment) A. Accessibility Advisory Board - Alexis Davis (P. 2) II. ITEMS FOR PRESENTATION AND DISCUSSION * A. Continued Discussion of Memorandum of Agreement with Kansas Forest Service - Chief Matthias (Pp. 3 - 15) B. Continued Discussion of Ordinance Rezoning 2209 S. Princeton From C-3 General Commercial District to Mixed Use Residential / Commercial District - Melanie Landis (Pp. 16 - 21) C. Continued Discussion of Ordinance Granting a Conditional Use Permit for 2209 S. Princeton to Allow Student Housing / Dormitory - Melanie Landis (Pp. 22 - 26) D. Ottawa Municipal Airport Fixed Base Operator Contract Renewal - Michael Haeffele (Pp. 27 - 36) E. Comments by City Manager F. Comments by City Commissioners G. Comments by Mayor III. ANNOUNCEMENTS A. August 1, 2023 National Night Out - 4:30-6:30 pm, Forest Park B. August 2, 2023 Regular Meeting - 7:00 pm, City Hall C. August 7, 2023 Study Session - 4:00 pm, City Hall D. August 8, 2023 Fusion Business Expo - 6:00-8:00 pm, Legacy Square IV. ITEMS ALREADY PLACED V. ADJOURN *All presentation materials to be reviewed at the study session (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov by 10:00 am the Thursday prior to the meeting. 7.31.23 Agenda Pkt Page #1 Agenda Item I.A. Back to Agenda 7.31.23 Agenda Pkt Page #2  Back to Agenda Agenda Item: II.A. City of Ottawa City Commission Study Session July 31, 2023 TO: Honorable Mayor and City Commission SUBJECT: Memorandum of Agreement with the Kansas Forest Service INITIATED BY: Tim Matthias, Fire Chief AGENDA: Items for Presentation and Discussion Background: The Ottawa Fire Department seeks approval to enter into a Cooperator agreement with the Kansas Forest Service (KFS). The memorandum of agreement and annual deployment agreement is good for five years and could be revisited at its expiration. OFD has been working over the past two years to build a wildland firefighting program. We have received grants for personal protective equipment and equipment in preparation of joining as a cooperator to deploy to large scale incidents. OFD currently has 17 (Firefighter Type 2) and 15 Basic Faller certified individuals. Both certifications are the minimal certifications needed for a wildland firefighter. With the partnership, it will allow a quicker path to higher certification levels if a firefighter so choses. Initially, 2 to 3 members could deploy with KFS through their module. KFS staff are certified and have a great amount of experience in wildland incidents across the country. To advance to a further certification level, a qualified individual (KFS staff) must sign off on a OFD member’s skill book. Much of this is obtained while on incidents. Once a member of OFD has been evaluated to the engine or crew boss level, OFD would have the opportunity to send personnel and equipment such as a wildland engine. This item was presented at July 24th study session by consensus to place this item on the next study session agenda on July 31, 2023 for further review. Analysis: If the City Commission would not recommend approval of this MOA. I believe we would be missing out on a great partnership with the KFS that would allow our firefighter to get training, experience and resources needed to combat wildland fires in our area. Financial Considerations: If members of the Ottawa Fire Department would be deployed for a wildland incident through the KFS, reimbursement would be provided by the KFS for fuel, manpower, overtime, replacement of damaged gear or repair/replacement of damaged equipment. Legal Considerations: This document has been sent to the City Attorney, awaiting his response. Recommendation/Action: Staff recommends moving this item to the next regular City Commission meeting for formal approval. Attachments: MOA with the Kansas Forest Service 7.31.23 Agenda Pkt Page #3  Back to Agenda 7.31.23 Agenda Pkt Page #4 7.31.23 Agenda Pkt Page #5 7.31.23 Agenda Pkt Page #6  Back to Agenda 7.31.23 Agenda Pkt Page #7 7.31.23 Agenda Pkt Page #8 7.31.23 Agenda Pkt Page #9  Back to Agenda 7.31.23 Agenda Pkt Page #10 7.31.23 Agenda Pkt Page #11 7.31.23 Agenda Pkt Page #12  Back to Agenda 7.31.23 Agenda Pkt Page #13 7.31.23 Agenda Pkt Page #14  Back to Agenda 7.31.23 Agenda Pkt Page #15  Back to Agenda MEMORANDUM Agenda Item II.B. TO: HONORABLE CITY COMMISSION BRIAN W. SILCOTT, CITY MANAGER FROM: MELANIE LANDIS, INTERIM DIRECTOR, NEIGHBORHOOD & COMMUNITY SERVICES SUBJECT: ORDINANCE REZONING 2209 S PRINCETON STREET DATE: JULY 24, 2023 STUDY SESSION JULY 31, 2023 STUDY SESSION This item was first reviewed at the City Commission Study Session on July 24, 2023. Property owners Om Sai Ram Inc. and Big Bear Enterprises LLC request consideration of a rezone for the property of 2209 S Princeton from C-3 General Commercial District to MU/RC Mixed Used Commercial / Residential. The site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Otawa University. The applicant is an�cipa�ng 70-80 of the 89 beds available at the site will be used as dorm style beds. The required number of parking spaces will be dictated by the final number of beds. (1 off street parking space per bed). Under current zoning regula�ons for the current zoning of C-3 General Commercial, the property cannot be used for dormitory use and a rezoning is needed. The recommenda�on of a Mixed Use Residen�al/Commercial rezoning is that it fits well within the intent of a Mixed-Use District which is to encourage compa�ble mixed-use environment and u�lize the character of a par�cular area. Dormitories are allowed within the MU/RC District will require a Condi�onal Use Permit for use of more than 30 beds in the facility. The Planning Commission held a Public Hearing for the Rezoning of this property on July 12, 2023. No�ce was provided to the surrounding property owners as well as published in the local newspaper. No public comments were received. The findings were accepted as presented with a vote of 5-0 and the Planning Commission voted 5-0 to recommend approval of the rezoning to the City Commission. RECOMMENDATION Staff recommends that the City Commission consider the ordinance approving the rezoning of 2209 S Princeton at the August 2, 2023, Regular Mee�ng. Atachments: Vicinity Map Ordinance (forthcoming) Planning Commission memo and staff findings 7.31.23 Agenda Pkt Page #16  Vicinity Map 2209 S Princeton Street 7.31.23 Agenda Pkt Page #17  Back to Agenda CITY PLANNING COMMISSION STAFF REPORT June 29, 2023 (Study Session) July 12, 2023 (Regular Meeting) Applicant: Brett Chartier 336 S Main Ottawa KS 66067 PROPERTY OWNER: Om Sai Ram Inc. Big Bear Enterprises LLC *** Ottawa KS 66067 LOCATION: 2209 S Princeton Ottawa KS 66067 AREA: 3.16 acres (137,649.6 sq. ft.) ZONING: C-3, General Commercial District REQUEST: To consider a request to rezone property from C-3 General Commercial District to MU/CR Mixed Use Commercial/ Residential District. SURROUNDING LAND USE: Commercial LAND USE PLAN: Ottawa’s current Comprehensive Plan outlines future land uses for all the property in the City. The future land use plan recommends commercial land uses at the site. The proposed use is not consistent with that of the future land use plan. FLOODPLAIN: No. EXISTING CONDITIONS: The subject site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Ottawa University. The number of beds has not been finalized, but at this time the applicant is anticipating 70-80 of the 89 beds available at the Days Inn will be used as dorm style beds. The number of parking spaces will be dictated by the final number of beds. (1 off street parking space per bed). 7.31.23 Agenda Pkt Page #18 Within current zoning regulations, as zoned, the applicant would not be able to use the lot for dormitory use. To repurpose the existing building as a dormitory, it must be rezoned. Staff completed research on the potential to rezone the property, and following is the initial analysis: Potential rezoning options include: - R-3 Residential District – Multifamily dwellings are permitted by right, provided that intensity of use standards are met. However, additional fencing and screening requirements for parking facilities in residential districts would apply. Staff has further concerns about “spot zoning” with creating a residential district surrounded by commercial uses. - Mixed Use Residential/Commercial MU/RC – Although “spot zoning” remains a concern, this use might fit well within the intent of the MU District, which is to encourage a compatible mixed-use environment, utilizing the character of a particular area. The MU/RC District facilitates compatible mixed-use activity with a stated objective to attract new residences through adaptive reuse and redevelopment of vacant or underutilized properties. Permitted uses in MU/RC include any use allowed in the R2 or R-3, C-1 or C-2 zoning districts, which includes student/dormitory housing. For any new development or exterior modifications, they must meet design standards set out in Article 17. Should the use proposed in this case go away, multiple uses would be allowed in MC/RC that would not be allowed if it went to just R-3 zoning. After review, staff is recommending Mixed Use/Residential Commercial zoning at this site because it is more compatible with the surrounding C-3 zoning than R-3 zoning would be and allows more flexible uses including student housing. FINDINGS: When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based, using the following guidelines: 1. Whether the change in classification would be consistent with the intent and purpose of these regulations. The intent of the Mixed-Use Districts is to accommodate compatible mixed-use development. The intent of the Mixed Use/Residential-Commercial (MU/RC) District is to encourage compatible mixed use residential and commercial uses of low to moderate intensity in such a way as to promote reuse and readaptation of structures and the redevelopment of properties without compromising public health and safety. Staff Finding: The change in classification is consistent with the intent of the Mixed-Use District. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change. The surrounding neighborhood is a mixture of commercial land uses. 7.31.23 Agenda Pkt Page #19  Staff Finding: The character of the neighborhood is certainly that of predominantly commercial uses. The building’s current use is that of an open motel and therefore would not affect change on the surrounding area. Rezoning from Commercial to Mixed Use would allow student housing/dormitory use is consistent with the existing motel use. 3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; This factor is addressed in the finding below. Staff Finding: The proposed amendment is necessary because of changing conditions in the city and the need for additional student housing in Ottawa and to accommodate the reuse of this existing building as such. 4. The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification. Surrounding properties are zoned commercial. Staff Finding: The effect on the nearby properties of changing this lot to Mixed Use will be minimal – as previously mentioned, the area surrounding the site is commercial use and student housing use is compatible with the existing motel use. 5. Whether every use that would be permitted on the property as reclassified would be compatible with the uses permitted on other property in the immediate vicinity. Permitted uses in MU/RC include any use allowed in the R-2 or R-3, C-1 or C-2 zoning districts. Conditional uses in MU/RC include any use allowed in the R-2 or R-3, C-1 or C-2 zoning districts, with the addition of schools, mini-storage, and brewpubs. Staff Finding: The uses allowed under the Mixed-Use District allow for student housing and is a better fit with the surrounding commercial zoning than a residential zoning. Mixed-Use zoning classification at this location would be compatible with the surrounding area. 6. The suitability of the applicant’s property for the uses to which it has been restricted. The site to be rezoned is in an area of town that is one of the major general commercial districts in the city. Staff Finding: The site to be rezoned is suitable for mixed use development overall. 7. The length of time the subject property has remained vacant or undeveloped as zoned. This factor is addressed in the finding below. Staff Finding: The property is currently occupied by Days Inn. 8. Whether adequate sewer and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on the property if it were reclassified. 7.31.23 Agenda Pkt Page #20  Back to Agenda There are facilities adjacent to the subject sites. The applicant is aware that all facilities for new development will have to be designed and constructed in accordance with City policy. Staff Finding: City policy and process for installation of improvements will ensure that facilities to serve the development are adequate. 9. The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development. There are no properties available for this type of use in the near vicinity, and the location of the lot is one of the reasons the applicant wishes to purchase it. Staff Finding: The subject site’s location and surrounding mix of land uses does help make the argument that a rezoning to Mixed Use may be appropriate at this time. 10. Whether the proposed amendment would be in conformance to and further enhance the implementation of the City's Comprehensive Plan. The Future Land Use plan in the Comprehensive Plan identifies this property as Commercial. Staff Finding: The proposal is not in conformance with the comprehensive plan. However, the surrounding zoning fits in with mixed use district and meets the comprehensive plan’s Goal 4: Housing Quality and Diversity. “Support development of affordable and appropriate housing for all segments of community.” 11. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such reclassification. This factor is addressed in the finding below. Staff Finding: The findings above illustrate that the proposed location is suitable for a mix of uses as allowed within the MU/CR District. Staff finds that the rezoning would be a gain to the general welfare of the public and would ensure ongoing maintenance and improvements made to a highly visible building in Ottawa. 12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application. 13. The recommendations of professional staff: Staff recommends that 2209 S Princeton Street be rezoned from C-3, General Commercial District to MU/CR Mixed Use Commercial/Residential. 7.31.23 Agenda Pkt Page #21  Back to Agenda MEMORANDUM Agenda Item II.C. TO: HONORABLE CITY COMMISSION BRIAN W. SILCOTT, CITY MANAGER FROM: MELANIE LANDIS, INTERIM DIRECTOR, NEIGHBORHOOD & COMMUNITY SERVICES SUBJECT: ORDINANCE APPROVING CONDITIONAL USE PERMIT FOR STUDENT HOUSING/DORMITORY USE AT 2209 S PRINCETON STREET DATE: JULY 24, 2023 STUDY SESSION JULY 31, 2023 STUDY SESSION This item was first reviewed at the City Commission Study Session on July 24, 2023 and this memo has been updated to include the outcome of the Planning Commission public hearing held July 27, 2023. Property owners Om Sai Ram Inc. and Hasty Holdings request consideration of a Conditional Use Permit (CUP) for the property of 2209 S Princeton for the purpose of student housing/dormitory use. The property will be leased by Ottawa University. The site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Otawa University. The applicant is an�cipa�ng 70-80 of the 89 beds available at the site will be used as dorm style beds. The applicant has requested a rezoning of the property, from C-3 General Commercial District to Mixed Use Residen�al/Commercial, which has been approved by the Planning Commission and recommended to the City Commission for approval. Once rezoned, student housing/dormitory housing over 30 beds is allowed with an approved Condi�onal Use Permit. The condi�on of which is that 1 off-street parking space per bed be provided. One goal of the Otawa Comprehensive Plan is to “support development of affordable and appropriate housing for all segments of the community.” The comprehensive plan also acknowledges the student housing concerns in Otawa. The Planning Commission held a Public Hearing for the Condi�onal Use Permit on July 27, 2023, at a special mee�ng. No�ce was provided to the surrounding property owners as well as published in the local newspaper. No public comments were received. Discussion of the Planning Commission consisted of pedestrian safety and traffic impact of the area. The findings were accepted as presented with a vote of 4-0 and the Planning Commission voted 4-0 to recommend approval of the Condi�onal Use Permit to the City Commission. RECOMMENDATION Staff recommends that the City Commission consider the ordinance approving the condi�onal use permit for student housing/dormitory use at 2209 S Princeton at the August 2, 2023, Regular Mee�ng. Atachments: Vicinity Map Ordinance (forthcoming) Planning Commission memo and staff findings 7.31.23 Agenda Pkt Page #22 TO: CITY OF OTTAWA PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT STAFF DATE: JULY 7, 2023, STUDY SESSION JULY 27, 2023, SPECIAL REGULAR MEETING RE: 2209 S PRINCETON STREET Conditional Use Permit to allow Student Housing/Dormitories Big Bear Enterprises LLC has applied for a Conditional Use Permit to convert the 59 rooms in the Days Inn motel to student housing/dormitories for Ottawa University students. This property is currently zoned “C3” General Commercial District and has applied to have it rezoned to “MU/RC” Mixed-Use Residential/Commercial District. The subject site consists of one lot 3.16 acres (137,649.6 square feet) in size that is generally located 380’ north of East 23rd Street on the east side of N Princeton Street, addressed as 2209 S Princeton Street. The site consists of a two-story motel building (Days Inn). The applicant intends to repurpose the site into student housing dormitories for Ottawa University. The site consists of 59 rooms, 89 beds and 91 parking spaces. The number of beds for students has not been finalized, but at this time the applicant is anticipating 70-80 of the 89 beds available at the Days Inn will be used as dorm style beds. Within current zoning regulations, as zoned, the applicant would not be able to use the lot for dormitory use. To repurpose the existing building as a dormitory, it must be rezoned. Once rezoned student housing/dormitory housing over 30 beds is allowed with a Conditional Use Permit. The condition of which is that 1 off-street parking space per bed be provided. The following factors have been considered in relation to this proposal and related staff findings may be found below. 1. Whether approval of the conditional use would be consistent with the intent and purposes The intent of the Mixed Use/Residential-Commercial (MU/RC) District is to encourage compatible mixed use residential and commercial uses of low to moderate intensity in such a way as to promote reuse and readaptation of structures and the redevelopment of properties without compromising public health and safety. 7.31.23 Agenda Pkt Page #23  Staff Finding: The change in classification is consistent with the intent of the Mixed-Use District. 2. Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood; The surrounding neighborhood is a mixture of commercial land uses. Staff Finding: The character of the neighborhood is that of commercial uses. The building’s current use is that of an open motel and therefore would not affect change to the surrounding area. Rezoning from Commercial to Mixed Use would allow student housing/dormitory use is consistent with the existing motel use. 3. Whether the proposed use places an undue burden on the existing transportation, utility and service facilities in the area affected and, if so, whether such additional facilities can be provided; The subject site is on property that was platted many years ago. Utilities are currently available and operating at the site. Staff Finding: The proposed use will not place undue burden on transportation, utility, and service facilities. What is already available will continue to be sufficient to serve this use. 4. Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected; This factor is addressed in the finding below. Staff Finding: The proposed amendment is necessary because of changing conditions in the city and the need for additional student housing in Ottawa and to accommodate the reuse of this existing building as such. 5. The length of time the subject property has remained vacant or undeveloped as zoned; This factor is addressed in the finding below. Staff Finding: The property was recently occupied by Days Inn. 6. Whether the applicant’s property is suitable for the proposed conditional use; This site currently operates in a similar manner to what is being proposed. The length of the stays will be different with students occupying the rooms during the school year instead of short term stays that a motel currently provides but the use is essentially the same. 7. The recommendations of professional staff; 7.31.23 Agenda Pkt Page #24  Staff recommends that the Conditional Use Permit to allow student housing/dormitories at this location be approved. The project as proposed meets applicable standards and is compatible with surrounding land use and is generally consistent with the area’s physical character and uses. 8. Whether the proposed conditional use would be in conformance to and further enhance the implementation of the City’s Comprehensive Plan; One goal of the Ottawa Comprehensive Plan is to “support development of affordable and appropriate housing for all segments of the community.” The comprehensive plan also acknowledges the student housing concerns in Ottawa. Staff Finding: The proposed use is consistent with the Comprehensive Plan. Student housing is much needed in the community and the repurposing of the use of this building will help alleviate some of the housing issues OU faces. 9. Whether the proposed conditional use, if it complies with all the conditions upon which the approval is made contingent, will not adversely affect the property in the area affected; 1 parking space per bed is the condition set forth in the zoning code regarding dormitories. The site has sufficient space to accommodate such a condition without adverse effects on surrounding properties and the area. 10. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application; Staff has explored the concern voiced by the Planning Commission during first review of the proposal related to Section 26-111 Traffic Studies, which provides for “the opinion of the Planning Commission” to require a traffic study if they believe the application will substantially change traffic patterns and create traffic congestion. Through discussions with the City Engineer and Professional City staff, the recommendation is to not require a traffic study based on the following relevant factors: Ottawa University will provide a shuttle to and from campus as parking availability is limited on campus, a limited number of Ottawa University students bring a car with them to college estimating that only 40% will have vehicles at the facility, the only possible solution for conclusion of a traffic study may require a right-in and right-out however a shared driveway with the restaurant next door will cause challenges to the possible solution. A concern for pedestrian safety was voiced by the Planning Commission and reviewed by City staff. After review of the area, layout of surrounding properties on both sides of Princeton Street, staff has determined that a larger pedestrian plan for the area is needed. There is no recommendation as to how to address the concern at this time. 11. For uses as solid waste disposal facilities, including sanitary landfills, construction and demolition landfills and transfer stations, whether the proposed conditional use is consistent with the adopted Solid Waste Management Plan of Franklin County, and amendments thereto. This factor is not applicable. 7.31.23 Agenda Pkt Page #25 Recommendation: Staff recommends that this Conditional Use Permit be approved subject to the following conditions of approval. Conditions of Approval: 1. A site plan shall be submitted demonstrating that it can meet parking requirements. Attachments: • Vicinity Map Vicinity Map 2209 S Princeton 7.31.23 Agenda Pkt Page #26  Back to Agenda Agenda Item: II.D. City of Ottawa City Commission Study Session July 31, 2023 TO: Mayor Eric Crowley and the Honorable City Commission SUBJECT: Fixed Base Operator (FBO) Contract INITIATED BY: Michael Haeffele, Public Works Director CONSENT: Brian Silcott, City Manager Recommendation: Staff recommends approving the FBO Contract renewal for 2 years. Background: Two years ago, the City of Ottawa entered a 2-year contract with Reeder Aviation, LLC to manage the airport. In the last two years the airport has seen an increase in the activity. Reeder Aviation, LLC has done an excellent job of managing the airport and helping to bring in additional activities. The airport and grounds have been maintained at a higher level since 2021 and they support the Aviation Explorers Post 8000. Reeder Aviation, LLC has added an airplane that can be rented by licensed pilots, and they offer annual airplane inspections that is helping to contribute to the increased activity at the airport. Analysis: Should the City Commission decide not to renew the FBO contract, we will be left without any management at the airport until either another FBO can be found, or an airport manager is hired. Financial Considerations: There is no increase in the Airport Budget to renew this contract as the cost of the FBO contract is not increasing with this renewal. Renewal of the FBO contract is included in the 2024 Airport Budget. Legal Considerations: N/A Recommendation/Action: Staff recommend moving this item to the next regular meeting of the City Commission for formal approval. Attachments: FBO Contract 7.31.23 Agenda Pkt Page #27  CITY OF OTTAWA, KANSAS FIXED-BASE OPERATORS LEASE OTTAWA MUNICIPAL AIRPORT THIS AGREEMENT, made and entered into this ______ day of December, 2021, between the City of Ottawa, Kansas, hereinafter referred to as the CITY, and Reeder Aviation LLC, hereinafter referred to as the Fixed Base Operator (FBO). WITNESSETH: WHEREAS, the City has conducted an interview with James Reeder (Reeder Aviation, LLC), and after authorization to negotiate from the City Commission, does hereby reach the following agreement: 1. The term of this agreement shall be for a period of two years, commencing on _________, 2021, and ending on ________, 2023 with the option to extend for a two-year term provided the parties agree to such extension in accordance with Paragraph 18 (I). 2. For the term of this agreement the City agrees to pay Reeder Aviation, LLC (FBO) the amount of Fifty-Eight Thousand Dollars ($58,000) annually as compensation for the services FBO agrees to provide to the City as stated in this agreement. Payment shall be monthly with 1/12 (8.33%) due each month. 3. FBO for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this agreement for a purpose for which a Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, FBO shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federal Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 4. FBO for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination, (3) that FBO shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 1, 7.31.23 Agenda Pkt Page #28  Back to Agenda Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 5. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of, an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended, and the City reserves the right to grant to others the privilege and right of conducting aeronautical activities. 6. FBO agrees to furnish service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable, and not unjustly discriminatory prices for each unit, or service; PROVIDED, that FBO may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 7. The City reserves the right (but shall not be obligated to FBO) to maintain and keep in repair the landing area of the airport, and all publicly owned facilities of the airport together with the right to direct and control all activities of FBO in this regard. 8. The City reserves the right to take any action considered necessary to protect the aerial approaches to Ottawa Municipal Airport against obstruction, together with the right to prevent FBO from erecting, or permitting to be erected, any building or other structure on the airport property which, in the opinion of the City, would limit the usefulness of the airport, or constitute a hazard to aircraft. 9. There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or fight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. 10. The City reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities as it sees fit, regardless of the desires of FBO, and without interference or hindrance. 11. The instrument shall become subordinate to provisions of any existing or future agreement between the City and the United States of America, or any agency thereof, relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of Ottawa Municipal Airport. 7.31.23 Agenda Pkt Page #29 12. It is understood and agreed that the rights granted by this agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the Ottawa Municipal Airport. 13. During time of war or national emergency, the City shall have the right to enter into an agreement with the United States Government for military or naval use of part, or all, of the landing area, the publicly owned air navigation facilities, and or other areas or facilities of the airport. If such an agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the U.S. Government, shall be suspended. 14. FBO covenants and agrees to hold the City free and harmless from loss from each and every claim and demand, of whatever nature, made by or on behalf of any person or persons for any wrongful act or omission arising out of the use of the Ottawa Municipal Airport on the part of the FBO, his agents, servants, invitees and employees; and for such purpose, FBO agrees to carry liability insurance naming the City and its officers and employees as additional insured, such insurance to have limits of not less than the following: $1,000,000 Combined Single Limit Bodily Injury Property Damage $150,000 Hangar Keepers Legal Liability per Aircraft $300,000 Hangar Keepers Legal Liability per Occurrence $1,000,000 Product Liability Coverage Automobile Liability Insurance: FBO shall maintain Automobile Liability insurance covering all owned, non-owned and hired automobiles used in conjunction with the services or other work hereunder and shall have minimum bodily injury and property damage combined single limit of $1,000,000 any one accident or loss. Workers Compensation and Employers Liability Insurance: FBO shall maintain Workers Compensation Insurance to cover the statutory limits of the Workers Compensation laws of the state in which any work is to be performed and when applicable to Federal Laws, Voluntary Compensation and Employers Liability (including occupational disease) coverage with limits not less than: $500,000 Each Accident $500,000 Policy Limit for Disease $500,000 Each Employee for Disease 7.31.23 Agenda Pkt Page #30  Back to Agenda FBO further agrees to file a certificate of insurance with the City evidencing that such insurance has been furnished, and is in force, and that the same shall not be cancelled without thirty days advance notice to the City. Should the FBO allow or cause to be placed in the City’s Hanger an aircraft exceeding $300,000.00 in value, he must provide additional insurance to cover the full replacement cost of that aircraft for any and all times that it is located in the City Hanger. 15. It is hereby agreed that FBO shall provide the following services, and shall be responsible for grounds and building maintenance as set for herein: a. FBO agrees to offer the services agreed to in this instrument according to a schedule of normal business hours. Such schedule shall be established by FBO and approved by the City Manager or his designee. At a minimum, the FBO will have hours of operations from 8:00 am to 4:00 pm Tuesday through Saturday, with adjustments for winter hours and holidays. b. FBO shall have available for sale to the flying public reasonable quantities of high grade, well known brands of aircraft engine oil and reasonable quantities of aviation gasoline and Jet-A fuels. The City shall recieve10 cents per gallon sold from the sale of aircraft fuel, accounted for daily and paid monthly. FBO shall purchase the fuel inventory that exists at the airport (and other fuel and oil related inventory) at the embedded cost, i.e. what the City paid for the inventory, within thirty days of execution of this agreement. c. FBO shall be, or must have in his employ, a duly licensed, qualified aircraft mechanic who shall be able to provide those necessary mechanical services to the flying public as may be required. By such mechanical services, it is intended that the FBO, or his employee, shall be capable of performing general aircraft engine maintenance tasks, aircraft engine overhaul work, and other general maintenance commonly performed by such mechanics on aircraft. Said mechanic will not be required to make any structural alterations on aircraft but may do so as long as such activities do not interfere with the operation of the airport, and do not hinder the FBO’s ability to meet the service needs of the flying public. d. The FBO may provide flight training service. Such flight training school shall be conducted in accordance with applicable state and federal regulations, and a suitable aircraft shall be provided for such training. e. The FBO may provide, or may contract with others to provide, an aircraft leasing and charter service so that individuals can make arrangements to lease aircraft or be provided with charter services as may be necessary. Aircraft leased shall be mechanically sound, shall be kept clean, and shall otherwise be maintained as to be dependable aircraft for public use. Said aircraft are to be current in licensing and 7.31.23 Agenda Pkt Page #31  shall be equipped with a valid airworthiness certificate, radio license and certificate of registration. f. Should the FBO desire to alter the configuration of the main hangar building or the T-hangar buildings, he must first receive written authorization for such alteration from the City. It is agreed that such alterations or redecoration desired or required by the FBO shall be completed at the sole expense of the FBO. Such permanent improvement shall become the property of the City at the expiration or termination of this agreement. g. Should the City determine that alterations to existing facilities, or construction of new facilities are required, such alteration or construction shall be at the expense of the City. Such permanent improvement shall become the property of the City at the expiration or termination of this agreement. h. The FBO agrees that no outdoor signs or advertising material shall be placed or erected upon the leased premises without the prior written consent of the City. FBO signage at the airport will be submitted for approval to the City. i. A monthly report of Ottawa Municipal Airport operations shall be made by the FBO and submitted to the City Manager or his designee. The Airport Operations Report shall include information relative to the services being performed by the FBO, as well as any other information, financial or otherwise directly related to the fixed-based operation deemed pertinent and/or necessary by the City or the FBO. j. As the airport is within the City limits, the FBO acknowledges that all Ottawa codes and ordinances are applicable to airport operations, in addition to applicable State and Federal rules and regulations. 16. FBO agrees to work with City and Airport Advisory Board to create and implement a plan designed to increase or promote the utilization of the airport. The plan shall be presented to the Airport Advisory Board for approval and once approved shall be implemented. The plan shall include measurable metrics designed to allow the Airport Advisory Board to monitor the success of the plan or determine if the plan needs to be amended. The plan shall be presented within the first one hundred eighty days of operation and shall be monitored every six months after implementation. 17. It is hereby agreed that the FBO shall provide the following services and shall be responsible for grounds and building maintenance as set forth herein: a. FBO is responsible for their own personnel costs, taxes and workers compensation costs, insurance, and other normal and customary costs of operations. The FBO is neither a City employee nor an agent of the City. b. The FBO shall be responsible for the personnel and materials expenses associated with routine custodial/building maintenance of the 7.31.23 Agenda Pkt Page #32  main hangar and terminal buildings and shall keep same clean and orderly. The FBO shall obtain written permission from the City prior to undertaking any redecoration, alteration or improvement deemed necessary solely by the FBO. Ownership of said improvements shall revert to the City upon expiration or termination of this instrument. The City shall be responsible for expenses associated with repair or replacement resulting from systemic failures such as plumbing or heating. c. The FBO shall be responsible for the personnel and materials expenses associated with maintenance of the grass areas surrounding the terminal facility, the main hangar building, the T-hangar buildings, runways and taxiways, and parking areas (petroleum products included). The City shall provide a tractor with a 15 foot mowing deck for the FBO’s use in grounds maintenance. The FBO shall keep said areas mowed and clear of debris. This responsibility includes proper mowing of the turf runways and the marker areas immediately adjacent to said turf runways, island areas between the taxiway and runway17/35 including marker areas and areas between the aircraft parking apron and the taxiway including marker areas. Mowing responsibilities include other areas between the runways/taxiways and property boundaries which are not subject to agriculture use. A neat and well-groomed appearance of all airport facilities shall be maintained by the FBO at all times. Attached hereto is a map of the airport with the areas designated as the minimum areas the FBO is responsible to mow. The City will be responsible for snow removal and the FBO will notify the City when snow removal is necessary. d. The FBO shall be responsible for determining where aircraft are parked with the appropriate aircraft parking areas and shall do so in such a manner as to avoid congestions of aircraft around the fueling areas. e. The FBO shall be responsible for aircraft space rental in the main hangar, the T-hangar buildings and tie down spaces. The FBO is hereby granted authority to receive and retain rental payments from individuals or firms renting said spaces. Payment shall be made by those renters directly to the FBO monthly based on a fee schedule established by the FBO, reviewed by the Airport Advisory Board and approved by the City Manager. FBO will use written leases for the leasing of hangars on a form approved by the City. The FBO will receive 15 percent of rent from the south T-hangars that are south of the main terminal building and the City will receive 85 percent of the rent from those hangars. FBO will receive 90 percent of all other hangars and the City will receive 10 percent. The City does not charge the Aviation Explorers rent for their hangar space and it is expected that the FBO will maintain this agreement with the Aviation Explorers. 7.31.23 Agenda Pkt Page #33  Back to Agenda f. The FBO shall pay for all utilities serving the main hangar building and the T-hangar buildings and all other utilities necessary for the operation of the airport facility not assigned to the City in this instrument. g. The FBO shall maintain the areas in which aviation fuel is dispensed to allow aircraft to be easily serviced with fuel. The FBO shall provide prompt, pleasant and complete fueling service. Any necessary maintenance on the fueling systems shall be the responsibility of the City. Said fueling areas shall be kept clean and precautionary measures shall be taken to insure that said fueling areas are safe from fire or other hazards. h. The FBO shall make every effort to properly acknowledge calls from individuals seeking information about Ottawa Municipal Airport and to meet all pilots and passengers. The unicom radio shall be turned on and in operation during all regular business hours established by the FBO. Said unicom radio facility shall be provided at the sole expense of the City. Said unicom radio and the license therefore are the property of the City and maintenance for said unicom radio shall be the sole responsibility of the City. The FBO shall be responsible to notify the City (Public Works Director) when said unicom radio is in need of repair. i. The FBO shall be responsible for checking the rotating beacon and all runway and taxiway lights and markers and shall replace bulbs and perform maintenance on light fixtures and markers that become damaged and/or inoperable. The FBO shall be responsible to notify the City when, upon inspection of said lights (and/or other navigational aid or safety device which uses electricity) when it is apparent that electrical maintenance other than bulb/part replacement is required. Maintenance other than replacement shall be the responsibility of the City. The City will provide the FBO an inventory of lights for the runway and taxiway and the FBO will replace the lights as needed and notify the City of the replacements. j. The FBO shall be responsible for notifying the Flight Service Station located in Kansas City, Missouri to advise said station of any hazardous condition which may exist at the Ottawa Municipal Airport which may be detrimental to the safety of aircraft landing, taking off, taxiing or parking. Immediately following such notification, the FBO shall notify the City (Public Works Director) of such conditions. k. The parties to this agreement acknowledge that the City may, from time to time, use the facilities at the airport. Such use shall be calendared using a common calendar system. Such use will be at no cost to the City. The City shall provide reasonable notice to the FBO and the City acknowledges that the FBO has legitimate business reasons to use the facility and shall endeavor to minimize conflicts in the schedule. l. The FBO shall assume all expense and responsibility for maintenance and operation of said Ottawa Municipal Airport not otherwise specified. 7.31.23 Agenda Pkt Page #34  m. For the purposes of this agreement any notices shall be in writing and addressed to the Public Works Director or the Manager of the FBO. For purposes of extension of the lease agreement, notice must be in writing and delivered Ninety Days (90) prior to the expirations of the agreement. n. FBO will attend Airport Advisory Board meetings and report on the operations and issues that affect the airport. FBO will also report to the Public Works Director and attend City Commission meetings as requested by the Public Works Director and submit to the Public Works Director monthly reports for distribution to the City Commission. o. The FBO will operate the Airport in a manner that is in the best interests of the City of Ottawa keeping the Airport clean, safe, and friendly. 18. FBO and the City (Public Works Director) shall perform a joint inventory of the facilities on or about the first effective day of this agreement and said inventory with notations shall become an attachment to this instrument. 19. The City has the right to adopt and enforce reasonable rules and regulations and the FBO and all its employees, agents and servants will faithfully observe and comply with all rules and regulations as may be promulgated by the City, the State of Kansas, The United States of America, or any agency or department thereof. 20. At the expiration or termination of this agreement, FBO shall give peaceful possession of the City’s premises in as good a condition as they were on the date of this agreement, normal wear and tear excepted, including any permanent improvements. A joint “out” inventory shall be conducted prior to such expiration or termination, with the initial joint inventory and improvement authorization documents used as references. The City also agrees to purchase the fuel inventory at cost on the same terms and conditions as FBO purchased fuel from the City at the inception of this agreement. 21. The City has the right to enter upon its premises at any reasonable time for the purpose of making any inspection or taking any action deemed appropriate. 22. FBO may not assign or transfer this agreement or any interest therein except as otherwise provided herein. Nor shall FBO sublet the premises or any part thereof without the prior written consent of the City. Any attempt at assignment, transfer, or subletting shall be void and at the option of the City, deemed sufficient grounds for cancellation and termination of this agreement. 23. This agreement shall extend to and be binding upon the heirs, executors, administrators, trustees, successors, receivers, and assigns of the parties hereto. 7.31.23 Agenda Pkt Page #35  Back to Agenda 24. It is the expectation of the City that the FBO shall participate in community events and organizations such as Airport Fun Day, Franklin County Development Council (FCDC), and the Chamber of Commerce. 25. Both parties reserve the right to cancel this agreement upon giving the other party a ninety (90) day written notice of intent to cancel. By:___________________________ James Reeder (Reeder Aviation, LLC) By:___________________________ Title: City Manager By:___________________________ Title: Mayor Attest:_________________________ Title: City Clerk 7.31.23 Agenda Pkt Page #36