City Commission

OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, August 2, 2023 - 7:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may in person, via Zoom or submit comments (300 meeting can be viewed live on Channel 23 and via Facebook Live words or less) for the City Commission to be read during public or listened to by dialing: 1-312-626-6799 and entering meeting comment or during discussion on an agenda item. ID 979 6273 3505#. To view on YouTube: https:// To submit your comment or request the meeting Zoom link to www.youtube.com/@ottawaksgov give a public comment, email publiccomments@ottawaks.gov If you need this information in another format or require a no later than 4:00 pm on August 2, 2023; all emails must in- reasonable accommodation to attend this meeting, contact the clude your name and address. Participants who generate un- City’s ADA Coordinator at 785-229-3621. Please provide advance wanted or distracting noises may be muted by the meeting notice of at least two (2) working days. TTY users please call 711. host. If this happens, unmute yourself when you wish to speak. 1. Call to Order 2. Roll Call ____ Crowley ____ Skidmore ____ Graves ____ Caylor ____ Clayton 3. Welcome 4. Pledge of Allegiance 5. Invocation - Commissioner Mike Skidmore CONSENT AGENDA 6. Appointment of Alexis Davis to the City’s Accessibility Advisory Board 7. Agenda Approval Motion: __________ Second: __________ Vote: __________ REGULAR AGENDA * 8. 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 infor- mation purposes only. The Governing Body will take comments under advisement. 9. Declaration At this time, I’d like to give the Commissioners a chance to declare any conflict or communication they’ve had that might influence their ability to consider today’s issues impartially. NEW BUSINESS 10. Request for Approval of Memorandum of Agreement with the Kansas Forest Service (KFS) - Chief Matthias / Assistant Fire Chief Dillon (Pp. 3 - 15) Comments: The agreement would allow members of the Ottawa Fire Department the option of being deployed for a wildland incident through KFS. Details of the agreement will be reviewed by staff. Motion: __________ Second: __________ Vote: __________ 11. Request for Approval of Ordinance Rezoning 2209 S. Princeton - Director Landis (Pp. 16 - 18) Comments: The request is to rezone the property from C-3 General Commercial District to Mixed-Use Residential / Commercial District. The site consists of 3.16 acres which contains a two-story motel building. The applicant intends to repurpose the building into student dormitories for Ottawa University. Motion: __________ Second: __________ Vote: __________ *All presentation materials to be reviewed at this meeting (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov at least the day prior to the meeting. 8.02.23 Agenda Pkt Page #  12. Request for Approval of Ordinance Granting a Conditional Use Permit for 2209 S. Princeton to Allow Student Housing / Dormitories - Director Landis (Pp. 19 - 22) Comments: The property owners Om Sai Ram Inc. and Hasty Holdings request the permit to allow approximately 70-80 of the 89 beds on site to be used as student dormitories. Ottawa University will lease the property. Motion: __________ Second: __________ Vote: __________ 13. Request for Approval to Renew Ottawa Municipal Airport Fixed Base Operator (FBO) Contract - Director Haeffele (Pp. 23 - 32) Comments: The contract with Reeder Aviation, LLC to manage the airport would be renewed for another two-year term. Motion: __________ Second: __________ Vote: __________ 14. Comments by City Manager 15. Comments by City Commissioners 16. Comments by Mayor ANNOUNCEMENTS 1. August 7, 2023 Study Session - 4:00 pm, City Hall 2. August 8, 2023 Fusion Business Expo - 6:00-8:00 pm, Legacy Square 3. August 14, 2023 Study Session - 4:00 pm, City Hall 4. August 16, 2023 Regular Meeting - 10:00 am, City Hall ADJOURN *All presentation materials to be reviewed at this meeting (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov at least the day prior to the meeting. 8.02.23 Agenda Pkt Page #  Agenda Item: #10 City of Ottawa Back to Agenda City Commission Study Session August 2, 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 the July 24th and July 31st study sessions with consensus to place it on the August 2, 2023 Regular meeting agenda. 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 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page #  Back to Agenda 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page #  Back to Agenda State of Kansas Contract#______ Kansas State University Initials KSU-146a (Rev. 7-20) CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to and specifically incorporated in all contractual agreements by adding the following statement to the main body of the contract: 'The Provisions found in Contractual Provisions Attachment (Form KSU-146a, Rev. 7-20), which is attached hereto, are hereby incorporated in this contract and made a part hereof." 1. Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in the contract (including, without limitation, all other attachments) in which this attachment is incorporated. Any terms that conflict with or could be interpreted to conflict with this attachment are nullified. 2. Kansas Law and Venue: All matters arising out of or related to this contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit arising out of or related to this contract shall reside only in courts located in the State of Kansas. 3. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require Kansas State University or any of its controlled corporations (collectively ·university") to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The terms, conditions, and limitations of liability of the State of Kansas, the University, and their employees are exclusively defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.). 4. Arbitration, Damages, Warranties: No interpretation of this contract shall find that the University has agreed to binding arbitration, or the payment of damages or penalties. Further, the University does not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages or rights of action available to the University at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 5. Termination Due To Lack Of Funding Appropriation: If sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided under any contract for which it has not been paid. The University will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by the University, title to any such equipment shall revert to Contractor at the end of the University's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 6. Responsibility For Taxes: The University shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 7. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require the University to establish a "self-insurance" fund to protect against any such loss or damage. 8. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given, including, but not limited to, the signature of an authorized representative of the University as defined in the University Contracts Policy: https:/lwww.k-state.edu/policies/ppm/3000/3070.html. 9. Authority To Contract By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 10. Export Control: Prior to providing University with any items under this contract that are subject to export controls regulations, including items controlled under the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130, or the Export Administration Regulations (EAR), 15 C.F.R. §§ 730-774, Contractor will notify University and identify the export controlled items at issue and the applicable categories and subcategories of the United States Munitions List and/or Export Control Classification Number(s). University reserves to right to decline to accept any items or information controlled under ITAR or EAR. Contractor will direct all notices under this section to the appropriate University contact as follows: comply@k-state.edu. 11. Privacy of Student Records: Contractor understands that the University is subject to FER PA (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g). To the extent Contractor possesses any education records of University's students under this contract, Contractor is deemed to be a school official with a legitimate educational interest in the records and Contractor agrees to comply with FERPA and its regulations. Contractor specifically agrees that it shall use personally identifiable education records only for purposes related to this contract, and shall not disclose such records to any third party without authorization from the University. Contractor shall promptly report to the University any request for, or improper disclosure of, University student educational records. 12. Anti-Discrimination Clause: Contractor agrees to comply with all applicable state and federal anti-discrimination laws. When requested by University, Contractor shall cooperate with University in meeting obligations under University's own policies and procedures, including but not limited to the University's anti­ discrimination policy: http://www.k-state.edu/policies/ppm/3000/301 0.html. Contractor specifically acknowledges that its employees on campus and/or participating in University programs or activities have reviewed, understand, and will comply with University's anti-discrimination policy and its reporting website at https:/lwww.k­ state.edu/report/. Contractor also agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) and the Kansas Age Discrimination in Employment Act (KS.A. 44-1111, fil lliJ and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101, fil lliJ (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employe�'; (c) to comply with the reporting requirements set out at KS.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or if it is determined that the contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the University. 13. Information/Confidentiality: As a state agency, the University's contracts and prices paid for goods and services are generally public records, and therefore no provision of this contract shall restrict the University's ability to produce this contract in response to a lawful request or from otherwise complying with the Kansas Open Records Act (KS.A. 45-215, �- Moreover, no provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101, �- 14. The Eleventh Amendment The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and need not be reserved, but prudence requires the University to reiterate that nothing in or related to this contract shall be deemed a waiver of the Eleventh Amendment. 15. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement 16. Facility Access: To the extent Contractor is required to be on the University's premises in the performance of any contract, Contractor and its representatives will adhere to the University's policies and procedures, and will use commercially reasonable efforts not to interfere with the University's regular operations. Contractor further agrees, upon request, to include the University as an additional insured on its general liability insurance policy on a primary and non­ contributory basis, with such policy to provide continuous coverage tor at least a period of two years after the end of the contract and such policy is not be cancelled without 30 day prior notice to the University and another general liability insurance policy in place prior to the termination of the existing policy. The Contractor shall also provide the University with a certificate of insurance within five business days upon request. 17. Electronic Signature: The parties agree that the contract may be signed with electronic signatures. If an electronic signature is used, the parties agree that it is the legally binding equivalent to the signing party's handwritten signature. Whenever either party executes an electronic signature on the contract, it has the same validity and meaning as a handwritten signature. The parties agree that neither party will, at any time in the future, repudiate the meaning of an electronic signature or claim that an electronic signature is not legally binding. 18. No Endorsement. Contractor agrees it will not use or display the name, marks, or images of the University to advertise and/or endorse its enterprises or products, or for any other purpose without the prior written approval of the University. 7 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page #  Back to Agenda 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page # 8.02.23 Agenda Pkt Page #  MEMORANDUM Back to Agenda 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 AUGUST 2, 2023 REGULAR MEETING RECOMMENDATION: Staff recommends that the City Commission consider approval of an ordinance rezoning an area within the City of Otawa, Kansas, and repealing the corresponding sec�on of the zoning map which is a part of Ordinance 3501- 05 of the City of Otawa, Kansas. BACKGROUND: This item was reviewed at the City Commission Study Sessions on July 24 and July 27, 2023. Property owners Om Sai Ram Inc. and Big Bear Enterprises, predecessor in interest of Hasty Holdings LLC, request consideration of a rezone for the property of 2209 S Princeton Street from C-3 General Commercial District to MU/RC Mixed-Use Residential/Commercial. 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 (previously 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. ANALYSIS: Under current zoning regula�ons for the 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. FINANCIAL CONSIDERATION: N/A 8.02.23 Agenda Pkt Page # LEGAL CONSIDERATION: City Atorney Finch has prepared the proposed ordinance for considera�on by the Governing Body. ACTION ALTERNATIVES: 1. Consider approval of an Ordinance rezoning an area within the City of Ottawa, Kansas, and repealing the corresponding section of the zoning map which is a part of Ordinance 3501-05 of the City of Ottawa, Kansas. 2. Deny the proposed Ordinance. 3. Table the issue and direct staff to further study of the item or alternative options. ATTACHMENTS: Ordinance 8.02.23 Agenda Pkt Page #  ORDINANCE NO. AN ORDINANCE RE-ZONING AN AREA WITHIN THE CITY OF OTTAWA, KANSAS, AND REPEALING THE CORRESPONDING SECTION OF THE ZONING MAP WHICH IS A PART OF ORDINANCE NO. 3501-05 OF THE CITY OF OTTAWA, KANSAS. BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: RE-ZONING WITHIN CITY LIMITS. Pursuant to recommendations issued by the City Planning Commission of the City of Ottawa, Kansas, after a public hearing, notice of which was duly given; the following described parcel of land, situated within the City of Ottawa, Franklin County, Kansas is hereby re-zoned from: City C3, Commercial Use District and designate as City MU/RC, Mixed Use/ Residencial Commercial District on the following described real estate: Tract 1: All that part of Lot 36A, County Clerk’s Subdivision No.1, a subdivision of land now in the City of Ottawa, Franklin County, Kansas more particularly described as follows: Beginning at the N.E. corner of said Lot 36A; thence South 0 degrees West along the Easterly line of said Lot 36A, a distance of 281 feet to the S.E. corner thereof; then North 89 degrees 54 minutes 18 seconds West along the Southerly line of said Lot 36A, a distance of 224.07 feet to a point on the Easterly right of way line of said Highway No. 59, as now established; thence North 0 degrees East along the Easterly right of way line of said U.S. Highway No. 59 a distance of 170 feet; thence North 89 degrees 54 minutes 18 seconds West along the Easterly right of way line of said U.S. Highway no. 59, a distance of 40.15 feet; thence North 0 degrees East along the Easterly right of way line of said U.S. Highway No. 59, a distance of 111 feet to a point on the Northernly line of said Lot 36A; thence South 89 degrees 54 minutes 18 seconds East along the Northernly line of said Lot36A, a distance of 263.75 feet to the point of beginning. Tract 2: Together with a perpetual easement appurtenant to and for the benefit of Lot 36A, created by the certain Reciprocal Easement Agreement by and between Pacifica Midwest Limited Partnership and Midwest Motor Inns, Inc., dated December 15, 1994, and recorded December 21, 1994 in Book Misc. 161, page 573, over and across the North 40 feet of Lot 37, except the part condemned for highway, in said County Clerk’s Subdivision No. 1. Section 2: REPEALING A SECTION OF THE ZONING MAP. The section of the zoning map designating the above-described parcel of land as C3, is hereby repealed, and changed to MU/RC. Section 3: EFFECTIVE DATE; PUBLICATION. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 8.02.23 Agenda Pkt Page #  MEMORANDUM Back to Agenda TO: HONORABLE CITY COMMISSION BRIAN W. SILCOTT, CITY MANAGER FROM: MELANIE LANDIS, INTERIM DIRECTOR, NEIGHBORHOOD & COMMUNITY SERVICES SUBJECT: ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR STUDENT HOUSING/DORMITORY USE AT 2209 S PRINCETON STREET DATE: JULY 24, 2023 STUDY SESSION JULY 31, 2023 STUDY SESSION AUGUST 2, 2023 REGULAR MEETING RECOMMENDATION Staff recommends that the City Commission consider an Ordinance gran�ng a condi�onal use permit to allow the renova�on and opera�on of a college dormitory with greater than thirty (30) sleeping beds for use by Otawa University, in a Mixed Use Residen�al Commercial (MU/RC) District, requested by Hasty Holdings LLC in the City of Otawa. The Ordinance further outlines the following Condi�ons: 1. Compliance with all applicable Federal, State, County, and City requirements. 2. The dormitory shall be operated for the use and benefit of Ottawa University only. 3. No fencing shall be constructed on the property until the design, location, and method of installation are approved by the City Manager and any Department Directors which he/she may designate as having an interest in the matter. 4. At such time as the owners of the property immediately north and south of the subject property install sidewalks, are required by the City to install sidewalks, or participate in a program to install sidewalks, the owner of the subject property shall install sidewalks in conformity with any applicable plan developed by the City and subject to and with the benefit of, any incentives, cost sharing, or other financing mechanism which is then offered by the City for sidewalk construction in the area immediately surrounding the property. This shall not include tax increment financing or commercial improvement district financing unless the subject property is included in such a district. BACKGROUND: This item was reviewed at the City Commission Study Sessions on July 24 and July 27, 2023. Property owners Om Sai Ram Inc. and Big Bear Enterprises, predecessor in interest of Hasty Holdings LLC, 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. 8.02.23 Agenda Pkt Page # ANALYSIS: 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 at the August 2 Regular Mee�ng. Once rezoned, student housing/dormitory housing over 30 beds is allowed with an approved Condi�onal Use Permit. 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 Planning Commission accepted the findings as their own and voted 4-0 to recommend approval of the Condi�onal Use Permit, with the condi�on of 1 off-street parking space per bed, to the City Commission. The City Commission was presented with the findings of staff and recommenda�on of the Planning Commission. Discussion included informa�on provided by the owner representa�ve and Otawa University surrounding concerns of pedestrian/student safety and fence requirements as condi�ons of the permit for this property. The condi�ons discussed have been included in the ordinance and outlined in the recommenda�on. FINANCIAL CONSIDERATIONS: N/A LEGAL CONSIDERATIONS: City Atorney Finch has prepared the proposed ordinance for considera�on by the Governing Body. ACTION ALTERNATIVES: 1. Consider an Ordinance granting a conditional use permit to allow the renovation and operation of a college dormitory with greater than thirty (30) sleeping beds for use by Ottawa University, in a Mixed Use Residential Commercial (MU/RC) District, requested by Hasty Holdings LLC in the City of Ottawa. 2. Deny the proposed Ordinance. 3. Table the issue and direct staff to further study of the item or alternative options. ATTACHMENTS: Ordinance 8.02.23 Agenda Pkt Page #  Back to Agenda ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND OPERATION OF A COLLEGE DORMITORY WITH GREATER THAN 30 SLEEPING BEDS FOR USE BY OTTAWA UNIVERSITY, IN A MIXED USE RESIDENTIAL COMMERCIAL (MU/RC) DISTRICT, REQUESTED BY HASTY HOLDINGS LLC, IN THE CITY OF OTTAWA, KANSAS. BE IT ORDAINED, By the Governing Body of the City of Ottawa, Kansas: Whereas Om Sai Ram, Inc., was the record owner of the property when the application for a Conditional Use Permit was filed, and was the proposed seller of the property under a contract with Big Bear Enterprises LLC, the buyer and predecessor in interest of Hasty Holdings, LLC, which purchased the property from Om Sai Ram, Inc., during the pendency of this application. Whereas findings were created for the Conditional Use Application filed by Om Sai Ram, Inc., and Big Bear Enterprises, predecessor in interest to Hasty Holdings LLC of Ottawa in favor of the application by staff prior to the hearing. Whereas testimony and written objection was received by the Planning Commission during the course of the public hearing. Whereas the Planning Commission gave due consideration to all statements and evidence provided during the public hearing, discussed the proposed findings and adopted them as their own and recommended by vote of 4-0 acceptance of the application. Section 1. FINDINGS. Written findings have been made by City Staff and adopted by the Planning Commission for the City of Ottawa. Upon review of the record, the findings of all parties, all allowed supplements to the record, and being fully advised in the matter, the Governing Body of the City of Ottawa finds that the application from Om Sai Ram, Inc., and Big Bear Enterprises, LLC, predecessor in interest to Hasty Holdings, LLC, dated July 13, 2023, for a conditional use permit is in compliance with Ordinance No. 3501-05, Article 17, Mixed Use Districts, Section 17-201, and Table 6-1 of Article 6, and adopts the findings of the Planning Commission as its own. Section 2. CONDITIONS. A conditional use permit is hereby granted to allow the renovation and operation of a dormitory for Ottawa University having more than 30 sleeping rooms, at 2209 S. Princeton St. in an MU/RC Mixed Use/Residential Commercial District with the following conditions: 1. Compliance with all applicable Federal, State, County, and City requirements. 2. The dormitory shall be operated for the use and benefit of Ottawa University only. 3. No fencing shall be constructed on the property until the design, location, and method of installation are approved by the City Manager and any Department Directors which he/she may designate as having an interest in the matter. 4. At such time as the owners of the property immediately north and south of the subject property install sidewalks, are required by the City to install sidewalks, or participate in a program to install sidewalks, the owner of the subject property shall install sidewalks in conformity with any applicable plan developed by the City and subject to and with the benefit of, any incentives, cost sharing, or other financing mechanism which is then offered by the City for sidewalk construction in the area immediately surrounding the property. This shall not include tax increment financing or commercial improvement district financing unless the subject property is included in such a district. 8.02.23 Agenda Pkt Page # The property is legally described as. TRACT 1: All that part of Lot 36A, County Clerk's Subdivision No. 1, a subdivision of land now in the City of Ottawa, Franklin County, Kansas, more particularly described as follows: Beginning at the N.E. corner of said Lot 36A; thence South 0 degrees West along the Easterly line of said Lot 36A, a distance of 281 feet to the S.E. corner thereof; thence North 89 degrees 54 minutes 18 seconds West along the Southerly line of said Lot 36A, a distance of 224.07 feet to a point on the Easterly right of way line of U.S. Highway No. 59, as now established; thence North 0 degrees East along the Easterly right of way line of said U.S. Highway No. 59 a distance of 170 feet; thence North 89 degrees 54 minutes 18 seconds West along the Easterly right of way line of said U.S. Highway No. 59, a distance of 40.15 feet; thence North 0 degrees East along the Easterly right of way line of said U.S. Highway No. 59, a distance of 111 feet to a point on the Northerly line of said Lot 36A; thence South 89 degrees 54 minutes 18 seconds East along the Northerly line of said Lot 36A, a distance of 263.75 feet to the point of beginning. and TRACT 2: Together with a perpetual easement appurtenant to and for the benefit of Lot 36A, created by that certain Reciprocal Easement Agreement by and between Pacifica Midwest Limited Partnership and Midwest Motor Inns, Inc., dated December 15, 1994, and recorded December 21, 1994 in Book Misc. 161, page 573, over and across the North 40 feet of Lot 37, except that part condemned for highway, in said County Clerk's Subdivision No. 1. Section 3. RECORDING. A certified copy of this ordinance signed by the City Clerk for the City of Ottawa, Kansas, shall be recorded in the Office of the Register of Deeds, Franklin County, Kansas. Section 4. EFFECTIVE DATE; PUBLICATION. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. Section 5. PASSAGE DATE. Passed and adopted by the Governing Body of the City of Ottawa, Kansas, this day of , 2023. Mayor ATTEST: City Clerk 8.02.23 Agenda Pkt Page #  Agenda Item: #13 City of Ottawa Back to Agenda City Commission Study Session August 2, 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 recommends formal approval of the contract. Attachments: FBO Contract 8.02.23 Agenda Pkt Page #  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, 8.02.23 Agenda Pkt Page #  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. 8.02.23 Agenda Pkt Page #  Back to Agenda 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 8.02.23 Agenda Pkt Page #  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 8.02.23 Agenda Pkt Page #  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 8.02.23 Agenda Pkt Page #  Back to Agenda 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. 8.02.23 Agenda Pkt Page # 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. 8.02.23 Agenda Pkt Page #  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. 8.02.23 Agenda Pkt Page #  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 8.02.23 Agenda Pkt Page #