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HomeMy WebLinkAbout2018-04-12 Airport Commission Packet KENAI AIRPORT COMMISSION REGULAR MEETING APRIL 12, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call c. Agenda Approval 2. SCHEDULED PUBLIC COMMENT (Public comment limited to ten (10) minutes per speaker) 3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 4. APPROVAL OF MEETING SUMMARY a. February 8, 2018........................................................................................... Pg. 3 5. UNFINISHED BUSINESS a. Action/Approval – Field of Flowers Sign 6. NEW BUSINESS a. Action/Approval – Special Use Permit to State of Alaska, Division of Forestry for Aircraft Loading and Parking ......................................................................... Pg. 7 b. Action/Approval – Alaska Realty Group, LLC – Assignment of Lease to Mossy Oak Properties .......................................................................................................... Pg. 19 c. Action/Approval – Recommending Approval to Lease Amendment Extending the Timeframe for Legacy Electric LLC, Lessee, to Complete Improvements as Set Forth in the Original Lease of Airport Reserve Lands for Property Located at 115 FBO Road, Kenai, Alaska 99611; Further Described as Lot 2, Block 1, General Aviation Apron .............................................................................................. Pg. 25 7. REPORTS a. Airport Manager b. City Council Liaison ...................................................................................... Pg. 35 8. NEXT MEETING ATTENDANCE NOTIFICATION – May 10, 2018 9. COMMISSIONER COMMENTS AND QUESTIONS 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION ITEMS a. February 2018 Airport Manager’s Report ................................................... Pg. 39 b. March 2018 Airport Manager’s Report ....................................................... Pg. 41 c. February 2018 Enplanements .................................................................... Pg. 43 d. January 2018 Airports Division News ......................................................... Pg. 45 e. Civil Rights Thank You ............................................................................... Pg. 59 f. March 16, 2018 Email by Arctic Barnabas Ministries .................................. Pg. 61 g. Volunteer Appreciation Dinner – April 19, 2018 12. ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: JACQUELYN -- 283-8231 OR, MARY -- 283-8281 KENAI AIRPORT COMMISSION FEBRUARY 8, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Zirul, P. Minelga, J. Bielefeld, C. Henry, K. Dodge D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Admin. Assistant E. Shinn, City Manager P. Ostrander, City Attorney S. Bloom, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Minelga MOVED to approve the agenda and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None 3. UNSCHEDULED PUBLIC COMMENT City Manager Ostrander discussed alternatives to the purchase of airport land. He noted that 10 airport properties would be affected; the resolution would be a method to sell property. 4. APPROVAL OF MEETING SUMMARY a. January 11, 2018 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary from January 11, 2018 and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 3 of 61 Airport Commission February 8, 2018 Page 2 of 3 5. UNFINISHED BUSINESS a. Discussion/Recommendation – Field of Flowers Sign It was noted that the Kenai Central High School student that was previously expressed interested in the project has withdrawn. Airport staff has asked a Kenai Library staff member if he would be interested. The sign would be 4 ft. by 8 ft. in size and double-sided. 6. NEW BUSINESS a. Discussion/Recommendation – FY2019 Goals & Objectives It was noted that staff is working on the FY2019 budget. Goals and objectives were discussed to ensure the budget reflected them. The status of T-33 refurbish project was discussed. There was interest expressed to have this included in the FY2019 Goals and Objectives. Airport Manager Bondurant also provided a status of the FY2018 goals and objectives. b. Discussion/Recommendation – Resolution No. 2018-09 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Land Lease Application and Renewal Application Fees for Airport Reserve Land It was noted that this resolution was approved by City Council on February 7. c. Discussion/Recommendation – Resolution No. 2018-10 – Approving a Standard Lease Form for Leasing Airport Reserve Lands Attorney Bloom spoke to this resolution and noted it was also approved by City Council on February 7. d. Discussion/Recommendation – Enhanced Advertising Opportunities It was reported that staff was working with the Alaska Channel, advertising concessionaire. A picture handout was provided. It was stated that the Kenai terminal needs enhanced advertising opportunities. Airport Manager Bondurant discussed some ideas. 7. REPORTS a. Airport Manager – Bondurant reported the following: • Currently working on FY2019 budget; • Both seasonal positions in the Operations Department were now gone; • The second piece of snow removal equipment would arrive in a couple weeks; • She and Assistant Shinn would be out of the office attending the State of Alaska Disadvantaged Business Enterprise Conference on February 27-28; • Working on a new airline operating agreement; • Continued work on the terminal rehabilitation project; first phase on the street should begin in June. b. City Council Liaison – Council Member Glendening reported on the February 7 Council Meeting actions. 4 of 61 Airport Commission February 8, 2018 Page 3 of 3 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 8, 2018 Commissioners Zirul and Minelga noted they would not be in attendance to the next meeting. 9. COMMISSIONER COMMENTS AND QUESTIONS It was noted that the costs would be very high to have customs available in Kenai. Airport Manager Bondurant agreed to continue looking into this. Conference space for lease at the airport was discussed. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. December 2017 Enplanements b. January 2018 Airport Manager’s Report a. How to get Customs at the Airport 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:11 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 5 of 61 (This page was intentionally left blank) 6 of 61 Municipal Airport Memo To: From: Date: Subject: 305 N. WIL1.0W ST. SURE 200 KENAI, ALASKA 99611 TaEPHONE 907.as:J-7951 FAX907~ Airport Commission April 2, 2018 State of Alaska -Forestry -Special Use Permit State of Alaska, Department of Natural Resources, Division of Forestry, is requesting renewal of the special use permit for aircraft loading and parking on an area consisting of approximately 30,000 square feet. The special use permit will be effective for five months from May 1, 2018 through September 30, 2018. The rate is based on the table below passed by City Council at the May 18, 2016 Council meeting. Apron Rate Increases to Arrive at Market in 6 years Apron Lease Rate FY15 $1.80s .f. x .08 $ 0.144 FY2016 $ 0 .357 FY2017 $ 0.528 FY2018 $ 0.699 FY2019 $ 0.870 FY2020 $ 1.041 FY2021 $ 1.210 The Airport has a valid certificate of insurance on file and the State of Alaska is current in all fees owed to the Airport. Does Commission recommend Council approve the Special Use Permit to the State of Alaska, Division of Forestry? Attachment www.KenaiAirport.com 7 of 61 SPECIAL USE PERMIT 2018 The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES/DIVISION OF FORESTRY (Permittee), whose address is 550 W. Seventh Avenue, Suite 1450 , Anchorage, AK 99501-3566, a Special Use Permit to conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airp011 subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as described in the attached diagram shown in the attached Exhibit A for the uses identified in this Permit. 2. Term. The term of this Permit shall be for five months commencing on May 1, 2018, and ending on September 30, 2018. Regardless of the date of signature, this Permit shall be effective as of May 1, 2018 . 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows: May $ 1747.50 June $ 1747.50 July $ 2175 .00 August $ 2175 .00 September $ 2175.00 B. Proximity Card for Gate Access: In addition to the general permit fee , Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those acti v ities or services , a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai , ATTN: Finance Department, 210 Fidalgo A venue, Kenai , AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200 , Kenai , AK 99611 . All pennit fees are payable in advance of each month unless otherwise provided. In the event of Special Use Permit-DNR/Forestry (Parking) Page 1 of9 8 of 61 delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due (KMC 1.75 .010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for tennination ofthis Permit. (See if 22, Tennination). 4. Use . City authorizes Permittee's non-exclusive use of the Premises for the following purpose(s): Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A. City reserves the right to re-assign Permittee, upon reasonable notice, to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee 's use only and may not be transferred or assigned. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an a ircraft, aircraft engine, propeller, or apparatus in an area of the Airport other than that specifically designated for that purpose by the Airport Manager or designated representative. The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Pennittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport , the safety Special Use Permit-DNR/Forestry (Parking) Page 2 of9 9 of 61 of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. 8. Radio Transmitting Equipment. Permittee shall discontinue the use of any machine or device which interferes with any government-operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Permittee shall secure and keep in force adequate insurance , as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee 's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1 ~000 ,000 combined single limit per occurrence. This insurance must cover all owned, hired , and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: L All policies will be by a company/corporation currently rated "A-"or better by A .M . Best. Special Use Permit-DNR/Forestry (Parking) Page 3 of9 10 of 61 IL Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. m. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible , shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by May 1, 2018. The effective date of the insurance shall be no later than May 1,2018. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand , Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk . Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees , and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11. Indemnity, Defend, and H old Harm less Agreement. Permittee agrees to fully indemnify, defend, and hold harmless , the City of Kenai, its officers , agents , employees, and volunteers from and against all actions , damages, costs, liability, claims, losses , judgments , penalties , and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or wilJful misconduct of the Permittee in connection with or arising from or out of Permittee 's activities on or use of the Premises, Permittee's access to the Kenai Municipal A irport, and/or Permittee's exercise of the privileges granted in this Perm it. This shall be a continuing obligation and shall remain in effect after termination of this Permit. Special Use Permit-DNR/Forestry (Parking) Page 4 of9 11 of 61 12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated to protect asphalt from adverse effects of petroleum product spills . The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Permittee's use of the apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permittee's fuel dispensing equipment at all times . Permittee must comply with the Airport 's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR § 171. 8, hazardous waste (ignitable, corrosi ve , reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials , including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil , grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above-ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft-parking ramp , inside an aircraft hangar, or within 50' of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFP A 407 ( 1996 version), and the current vers ion of the International Fire Codes. All inspections of fuel facilities , by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents . 13. Hazardo us Substances and Mate ri als. Permittee shall confom1 and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit-DNRJForestry (Parking) Page 5of9 12 of 61 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex , age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport . 15. Licenses and Permits. Permittee shall obtain and maintain all required federal , state, and local licenses , certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law/Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes , ordinances, and regulations in effect during the term of this Permit. Further, Pennittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee . City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Pennittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 21. Personalty. Pennittee shall remove any and all personal property, including all vehicles , from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Pennit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Special Use Pe1mit-DNR/Forestry (Parking) Page 6 of9 13 of 61 Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22 . Termination; Default. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety or due to a failure of Permittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for termination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Permittee shall make payment within 30 days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take-off weight reports within ten days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200 , Kenai, AK 99611. 24 . Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90 days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. 25. Definitions. As used in this Permit, "Permittee" means State, Department of Natural Resources, Division of Forestry, and where the context reasonably indicates, its officers, agents , and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit-DNR/Forestry (Parking) Page 7 of9 14 of 61 CITY OF KENA I Paul Ostrander City Manager Date STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY Timothy Dabney Deputy Director, Division of Forestry Date ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS . THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2018, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: ____ _ STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2018, the foregoing instrument was acknowledged before me by Timothy Dabney, Deputy Director, DNR/Division of Forestry, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: ____ _ Special Use Permit-DNR/Forestry (Parking) Page 8 of9 15 of 61 ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: __ / ==--~- Scott M. Bloom, City Attorney Special Use Permit-DNR/Forestry (Parking) Page 9 of9 16 of 61 ---- D l.-lC c;>.'!E 't:i D N 32•08'03 • E 1775.96' L4 i I L DNR FIREFIGHTING : FACILITY I I ' ' . . I I ) :r. I .. I I I ' I I I I I ' I I I I I I I ' I 1 I I I I I I I I . . ' I ; I \ WILLOW STREET 30 ,000 sq. ft. Exhibit A 17 of 61 (This page was intentionally left blank) 18 of 61 Municipal Airport Memo To: From: Date: Subject: 305 N. WIU.OW ST. SURE 200 KENAI, ALASKA 99611 TELEPHONE 907~7951 FAX907~ Airport Commission Mary Bondurant -Airport Manager March 20, 2018 Alaska Realty Group, Inc. -Assignment of Lease Alaska Realty Group, Inc., is requesting to assign the lease for area space no . 21 in the airport terminal to Mossy Oak Properties. Alaska Realty Group, Inc. is current in all fees owed. Mossy Oak Properties, Inc . is current in all fees owed and the Airport has a certificate of insurance. Does Commission recommend Council approve the Consent to Assignment subject to the same terms and conditions as contained in the original Lease? Attachments www.KenaiAirport.com 19 of 61 C ITY OF KENA I CONSENT T O ASS I GNMENT The Assignment of Kenai Municipal Airport Lease (originally effecti v e December 1, 2009) from Alaska Realty Group Inc., (Assignor) whose address is 305 N . Willow No. 106, Kenai, Alaska 99611 to Mossy Oak Properties (Assignee) whose address is PO Box 852, Kasilof, Alaska 99610, covering the following described property: KENAI MUNICIPAL AIRPORT TERMINAL BUIL DING, L ease Area Space No . 21 , First Floor is hereby ACKNOWLE DGED and CONSENTED to, subject to the same terms and conditions as contained in the original Lease above-described . This CONSENT is given by the City of Kenai without waiving any right o r action, or releasing Assignor from any liability or responsibility under the aforementioned Lease , and does not relieve the Assignee from the condi t ion requiring the City 's approval fo r an y subsequent sublease or assignment. Consent to Assig nme nt T H E C ITY OF K ENAI Administration Paul Ostrander, Its : City Manager Date Page 1 of 2 20 of 61 ACKNOWLEDGEMENT STA TE OF ALASKA ) )ss . THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2018 , Paul Ostrander, City Manager of the City of Kenai, Alaska, being personally known to me or having pr oduced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: _____ _ ATTEST: Jamie Heinz, City Clerk SEAL: APPROVED AS TO FORM: / --- Scott Bloom, City Attorney Consent to Assignment Page2of2 21 of 61 ASSIGNMENT O F LEASE This assignment is entered into between Alaska Realty Group Inc. President Kathy Chircop whose address is 305 N . Willow #106 Kenai, AK 996ll(Assignor) and Mossy Oak Properties whose address is 849 KslifefftslfY Besen *6. 8eltlel:fta, AK 99<J99 (Assignee). \'o a~ q,s-i. 1 \<a.~ltt*-, A1-~"'' o Assignor does hereby assign and transfer all of Assignor's interest in the Lease as provided by that Agreement entered into on 1211 /2009, for the following-described property: KENAI MUNICIPAL AIRPORT TERMINAL BUILDING, Lease Area Spaces #21 , first floor. to Assignee to have and to hold the same from the date hereof, for and during all of the remainder of the term of said Lease Agreement. Ass ignee agrees to comply fully with all the terms and provisions of the Lease. This Assignment of Lease is effective beginning on, the l " day ofJanuary 2018. ASSIGNOR: ASSIGNEE: By: -...,.------===---A-- OVJ~ State o~t{ .... ~ ) ) SS Third Judicial District ) The foregoing instrument was acknowledged before me thi s 13 day or4_ ~-2018 , 22 of 61 '''""'''' ,,,''~\.. 8£~ ,'~.,Alaska Corporation, on behalf of the limited liabili ,, .. ~~ ............. vo ', ~ by company. ~<J/~OTA;yJ··.'5-~ . ~ ............ \-P-:.. ... ~.M ·~-;: ; y Comm . Expires ! -0 = : : August 16, 2020 : : : cJ>. \ No. GG 2196 1 i ;: -;:.>.\ ,0 ... ~~ ,, "?~·· • .,Us LI c ••• •• ... <:> .$' "-//::-········· ~' ' ,,,,, OF F\..O ,,,,, 11 ''' t11 H''' State of A la ska J Notary Public of Alaska , / My Commission Expires: ~}Ct /t,,.> ....-~~--...-~~~~~~~~~-, ) SS T hird Judici al District ) The forego ing instrument was acknowledged before me this ob day of ffi~. 20 by ~ Q {\ &.\ ~ ~,\\-.DJ)<_ company. () , an Alaska Corporation, on behalf of th e limited l~il ::-::.,. Notary Public of Alaska My Commission Expires: --""""'+"'-'l Assignment of Lease -Mossy Oak Page 1 of2 23 of 61 (This page was intentionally left blank) 24 of 61 "0flq;e «1/t/t, a Pa<f~ Ct~ «1/t/t, a f°u.tfl.l"e 11 210 Fidalgo Ave, Kenai , A laska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kena i.city MEMORANDUM TO: THROUGH : FROM: DATE : Airport Commission Paul Ostrander, City Manager ?. 0 • Willie Anderson , Planning Assistant ~ April 4, 2018 SUBJECT: First Amendment to Lease of Airport Reserve Lands -Lot 2, Block 1, General Aviation Apron -Legacy Electric LLC The City of Kenai, Lessor, and Legacy Electric LLC , Lessee entered into a Lease of Airport Reserve Lands on January 12, 2015 , wh ich included the follow ing provision: 1. REQUIRED IMPROVEMENTS : At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including removal of waste material previously buried on the site and construct two (2) 6-plex unit t-hanger heated complex, by no later than September 1, 2016, with an appraised value of at least $500,000.00. In addition to the as-built drawings required by this lease , the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $500,000.00. The evidence must be submitted to the City within sixty (60) days of the completion of the development and improvements , but by no later than September 1, 2016. The Lessee completed construction on the first t-hanger; however, construction has not begun on the second t-hanger. The time period to complete construction on both t-hangers ended on September 1, 2016. Lessee states that the materials necessary for construction of the second t- hanger are on site. On March 26, 2018 , Legacy Electric LLC submitted an application requesting the City of Kenai grant an extension for construction of the second hanger until December 1, 2018. 25 of 61 Page 2 of 2 First Amendment to Lease -Legacy Electric LLC Accordingly, the City Attorney has prepared A First Amendment to Lease of Airport Reserve Lands to be executed by the City of Kenai and Legacy Electric LLC . Article XIV Section (B), Subsection (1 ), is hereby amended as follows: 1. REQUIRED IMPROVEMENTS : At no cost to the City , Lessee agrees to complete land development and construction of Permanent Improvements including removal of waste material previously buried on the site and construct two (2) 6-plex unit t-hanger heated complex, by no later than December 1, 2018, with an appraised value of at least $500,000.00. In addition to the as-built drawings required by this lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $500,000.00. The evidence must be submitted to the City within si xty (60) days of the completion of the development and improvements. Except as expressly modified or stated herein , all other terms and conditions of the Lease remain in full force and effect. Thank you for your consideration . 26 of 61 First Amendment to Lease Page 1 of 3 FIRST AMENDMENT TO LEASE OF AIRPORT RESERVE LANDS THIS Amendment to Lease is made as of the _____ day of ___________, 2018, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and Legacy Electric, LLC. whose address is 46113 Sather Court, Soldotna, AK 99669. WITNESSETH WHEREAS, on January 12, 2015, the City entered into a lease with Legacy Electric, LLC. for City-owned lands identified as Lot 2, Block 1, General Aviation Apron, which lease was recorded at 2015-002299-0, on March 25, 2015, in the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, the City and Legacy Electric, LLC., for mutual consideration, mutually agree to amend the lease described herein to extend the timeframe for Legacy Electric, LLC., to complete improvements as provided below. NOW THEREFORE, the City and Legacy Electric, LLC. agree as follows: 1. Article XIV Section (B) Subsection (1) is hereby amended as follows: REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including removal of waste material previously buried on the site and construct two (2) 6-plex unit t-hanger heated complex, by no later than December 1, 2018, with an appraised value of at least $500,000.00. In addition to the as-built drawings required by this lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $500,000.00. The evidence must be submitted to the City within sixty (60) days of the completion of the development and improvements. 2. Except as expressly modified or stated herein, all other terms and conditions of the Lease remain in full force and effect. 27 of 61 First Amendment to Lease Page 2 of 3 CITY OF KENAI By: _________________________ Paul Ostrander Its: City Manager Legacy Electric, LLC. By: __________________________ Name: ________________________ Its: ___________________________ Approved as to form: _______________________ Scott Bloom City Attorney State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2018, by Paul Ostrander, City Manager for the City of Kenai. ___________________________ Notary Public of Alaska My Commission Expires: _______ 28 of 61 First Amendment to Lease Page 3 of 3 State of Alaska ) ) ss Third Judicial District ) The foregoing instrument was acknowledged before me this ____ day of ________, 2018, by _________________________(Name), _________________________(Title) for Legacy Electric, LLC. ____________________________ Notary Public of Alaska My Commission Expires: _______ RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611-7794 29 of 61 (This page was intentionally left blank) 30 of 61 City of Kenai Kenai Municipal Airport Land Lease Application Name of Applicant: Derek Leichliter Mailing Address : 46113 Sather Court C ity: Soldotna Application for: 0New Lease [{]Amendment D Exte nsion/Renewal State: AK Zip Code: 99669 Phone Number(s): Home Phone : ( 907) 252-4391 Work/ Message Phone: ( 907) 262-4391 E-mail : (Opt ional) legacyelectricak@gmail.com Name to Appear on Lease : Legacy Electric, LLC Mailing Address : 46113 Sather Court City: Soldotna State : AK Zip Code : 99669 Phone Number(s): Home Phone: ( 907) 252-4391 Work/ Message Phone: (907) 262-4391 E-mail : (Opt ional) legacyelectricak@gmail.com Type of Applicant: D1ndividual (at least 18 years of age) D Partnership [Z] Limited Liability Company (LLC) D Government D Corporation D Other ______ _ . . : . Description of Property and Term Requested Legal Description of Property : 115 FBO Road, Kenai, AK Does the Property Require Subd iv ision? (if Yes, answer next two questions) Are you prepared to be responsible for all costs associated with subdivision? Do you believe the proposed subdivision would serve other Airport purposes? Do you have or have you ever had a Lease with the City of Kenai? If Yes, please provide description of property leased (e.g. legal or physical description): 115 FBO Road , Kenai, AK Is this application for renewal or term extensi on of an existing lease? If Yes , please provide a description of the property leased: 115 FBO Road, Kenai, AK Proposed Use (check one): Iv'! Aeronautical 0Non-Aeronautical Do you plan to construct new or additiona l improvements? DYES [{]No DYES ONo OvEs ONo [l]YES 0No [l)YES ONo [l]YES ONO 31 of 61 If yes, will the improvement change or alter the use under an existing lease? DYES [{]No If yes , what is the new proposed use? If yes, what is the type of improvement? (e.g . build ing improvement, land improvement) If yes, what is the nature of the improvements? (e .g. maintenance, landscaping, new construction) List of proposed use and business activit ies : Airplane Hangar . . ) to request an extension for construction of the second hanger until December l , 2018. Article XIV(B)(l provided that construction would be completed no later than September l, 2016. : Lease Exten~ion or Renewal I Method to determine value of improvements/term for a lease renewal or expiring lease: DProfessional estimate of the remaining useful life of the principle improvement on the property D Market value appraisal of the principle improvement on the property D Purchase price of improvements Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. The application shall expire twelve (12) months after the date the appl ication has been made if the City and the applicant have not, by that time, entered into a lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligation to amend, renew or extend a lease and m~ine to do so upon mak in g specific findings as to why a lease renewal, extension , or amendment is not in the best interest of th 1 City / ! Signature: '"-"' ~~ Date : 3 ( ~ {,~ Print Name: Derek I .eichliter Title : 32 of 61 Lot 2, Block 1 GAA SUBD. N0.1 s 100' 1 inch equals 104 feet The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. Date: 3/30/2018 33 of 61 (This page was intentionally left blank) 34 of 61 Kenai City Council Meeting Page 1 of 3 April 4, 2018 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING APRIL 4, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS – None. E. MINUTES 1. APPROVED BY THE CONSENT AGENDA.*Regular Meeting of March 21, 2018 F. UNFINISHED BUSINESS – None. 1. ENACTED. Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt) [Clerk’s Note: This Item was Postponed to this Meeting from the March 21, 2018 Meeting; A Motion to Enact is on the Floor.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. 35 of 61 Kenai City Council Meeting Page 2 of 3 April 4, 2018 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018. *Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by $286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital Project Funds for Increased Costs Associated with Phase II of the Project to Design the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment with Wince-Corthell-Bryson for Completion of Phase II of the Project’s Design. (Administration) 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 04/18/2018. *Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section 3.25.060- Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of Individual Animal, 4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally Parked Vehicles, 13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee, and 23.50.010- Employee Classification. (Legal and City Clerk) 5. SPECIAL MEETINGS SCHEDULED FOR 05/14/18 AND 05/15/18 AT 6:00 P.M. Action/Approval – Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. (City Clerk) 6. WORK SESSION SCHEDULED FOR 05/19/18 AT 9:00 A.M. Action/Approval – Schedule a Work Session to Review and Discuss the Fiscal Year 2019 City of Kenai Budget. (City Clerk) 7. Discussion – Harbor Commission’s Recommendation for Wake Zone Signs at the Mouth of the Kenai River. (City Manager) H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. 36 of 61 Kenai City Council Meeting Page 3 of 3 April 4, 2018 M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 37 of 61 (This page was intentionally left blank) 38 of 61 'tftfl~ «1/t/t, a Pa~~ Ot'tf «1/t/t, a Fatan-" 210 Fidalgo Ave , Kenai , Alaska 99611 -7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: THROUGH:. FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Mary Bondurant -Airport Manager February 12, 2018 February Mid-month Report 2010 Master Plan -The complete master plan along with the mylars was sent to the FAA on January 30 , 2018. This project will be closed out. 2016 Fencing Rehabilitation -Wince-Corthell-Bryson will have the 99% plans and specs ready for FAA and Environmental review by February 28, 2018 . 2017 Terminal Rehabilitation Project-Design Grant-Wince-Corthell-Bryson submitted the draft Design Study for the Terminal Building Rehabilitation to City Administration for review on February 1, 2018. 2017 Snow Removal Equipment -One of two pieces of snow removal equipment (SRE) arrived at the Airport the week of December 18. The multi-purpose unit broom head arrived the week of February 5 and the main unit should be here in the next couple of weeks. Airport staff has been very busy with snow and ice control and the preparation of the FY19 budget. Kenai Patient Movement/Mass Casualty meeting -Sondra D. Leclair, Emergency Program Manager, State of Alaska Department of Health and Social Services, contacted the Airport for our participation in an upcoming Disaster Health Planning and Patient Movement meeting. The Section of Rural and Community Health Systems is responsible for statewide planning, response , and recovery activities in relation to public 39 of 61 Page 2 of 2 February Mid-month health and medical disasters. One of the critical plans is the Mass Casualty Response Plan , which is based upon a catastrophic earthquake scenario in Southcentral Alaska. The plan is separated into different regional approaches, with the goal of saving the g reatest number of lives in each area by facilitating access to medical care as quickly as possible. A meeting is being held on February 27, 2018 with critical emergency management and healthcare-related organizations in Kenai to review the essential components ; tour of hospital, tour of airport, and tours of alternate care sites/patient staging facilities, etc. 2018 Alaska DOT Disadvantaged Business Enterprise (DBE) Summit-Airport Manager and Administrative Assistant will be out of the office on February 27 & 28 to attend this conference in Anchorage. 40 of 61 'Utf~ «1/tli a Po.J'~ e~ «1/tli a Fat~ II 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Mary Bondurant -Airport Manager March 9, 2018 March Mid-month Report 2010 Master Plan -The complete master plan along with the mylars was sent to the FAA on January 30, 2018 for signatures. This project will be closed out. 2016 Fencing Rehabilitation -Wince-Corthell-Bryson submitted the 95% plans and specs which are being reviewed by City and Airport Administration . 2017 Terminal Rehabilitation Project-Design Grant-City and Airport Administration met on February 16, 2018 to define the Phase 11 scope of work. City Administration will meet with WCB to discuss costs. 2017 Snow Removal Equipment -The new multipurpose unit was received the week of March 5th. Oshkosh will be on site March 12, 13 & 14, 2018 for training mechanics and operators. 15th Annual DBE & Subcontractors' Conference -Airport Manager and Administrative Assistant attended this 2 day conference in Anchorage on February 27 and 28. This was an excellent opportunity to meet with contractors and subcontractors to discuss airport construction opportunities. We met with 8 different DBE companies interested in bidding on the terminal rehabilitation project. Advertising/Marketing of City Lands -Airport and City Administration are working with a representative to place a full-page color ad in the Petroleum News ' annual Explorers magazine that will be out this spring. This magazine has a shelf life of 12 months. In addition to a distribution list of 8,000 subscribers, the magazine will also be displayed at oil and gas conferences in the 41 of 61 Page 2 of 2 March Mid-month Lower 48, in addition to all Alaska conferences. We will also have the ad in a PDF file so it can be printed out and used as a flyer at the trade shows or conferences we attend. The headline will read: "You r Commercial Air Transportation Gateway to the Kenai Peninsula and Cook Inlet." I have a lso approached the Airport's advertising concessionaire and asked them to look into installing advertising at the Anchorage Airport that encourages the thousands of tourists travelling through the airport to visit the Kenai Airport and Kenai Peninsula. In-house Activities -Dan Evenson is attending a continuing education class for pesticide application at UAA on March 15 1h . All airport staff will be attending Hazing training on Tuesday, April 3rd and preparing for the annual visit from the FAA Certification Inspector the week of April 23rd . Airport staff has been very busy with snow and ice control. A couple of winter storms kept the crew working through the night; however, there were no flight cancellations or delays due to poor runway conditions . The crew was very diligent and did an excellent job of keeping the runway conditions up and ava ilable for landings. 42 of 61 February Enplanement Report Grant 1,315 23.27% Feb r uary 2018 5,651 Nlunl c l p al Air port Month Januarv Februarv March April May June Jul y Auoust Septem ber Oc tob er November December Totals FY17 FY18 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 >-- >-- >-- >-- >-- >-- I- I- RAVN GRANT Total ALASKA AVIATION 2018 4 ,498 1,6 50 6,148 4,336 1,3 15 5,651 8 ,834 2,965 11 ,7 99 2017 7,160 6 ,6 15 7 ,2 06 6 ,89 3 7 ,104 7 ,9 98 10,852 10 ,78 3 8,0 14 7,546 6,986 6,687 93,84 4 RAVN 4,336 76.73% Change from 2017 -1,012 -964 -1 ,976 Terminal -Vehicle Parking Revenues FY17 Total $236,886 FY18 YTD $155,66 7 Ve h icle Parking Revenues I-- -'"----I->--- - -I-I-I---• FY17 - - I->---- - - I-I-- - • FY18 I--I-I-- - I--I-I--- >---I-I--I- I--I-I--I- Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 43 of 61 (This page was intentionally left blank) 44 of 61 January 2018 MESSAGE FROM THE REGION DIVISION DIRECTOR Farewell Reflections Byron K. Huffman, Director, Airports Division, FAA Alaskan Region I sit here today and reflect on the last 16 plus years of my life ; time that I have spent as the Division Di rector of the FAA Alaskan Region Airports Division. Wow, they say time flies when you 're having fun ; never have truer words been spoken. I find it hard to imagine that I have been doing what has been one of the most fulfilling and exciting jobs of my career for over 16 years. I never imagined that I would start and finish my career with the FAA in one job, but that has been the case. But, as I have said repeatedly , I can't think of a better place to have Byron K. Huffman, Director served. I came into this job in the immediate aftermath of the 9-11 terrorist attacks and there was a great deal of turmoil as airports across the nation and the federal government came to grips with the fact that airport security had to be significantly enhanced to avoid future attacks. My staff and I worked with airports throughout the state of Alaska to enhance security and fund those en- hancements . Over these last 16 years, we have made tremendous strides in enhancing the aviation system here. For as long as I have been at the helm of this Division, I am proud of the many contributions we 've made. We have issued 903 grants totaling over $3.562 Billion to airport sponsors. Those grants have made a great difference to the aviation system in Alaska. We made critical runway safety area improvements at locations across the state, from Juneau to Sitka, to Ketchikan, Nome, Kotzebue, Kodiak, and Dutch Harbor. We rebuilt airports in many rural locations. We built an airport on Akun Island for the community of Akutan, giving them access to a land-based airport and moving away from the use of the Grumman Goose aircraft. 45 of 61 MESSAGE FROM THE REGION DIVISION DIRECTOR (continued ... ) One of the things I'm most proud of is having been able to work collaboratively with the Alaska DOT, FAA Headquarters, and the community to get long overdue and much needed airport improvements completed at K wigillingok, Alaska. We were able to procure funding to fix that runway and make sure the community had continued safe access to the av i ation system. We worked through the environmental process to begin development of a land-based airport for the commu- n ity of Angoon, Alaska, which, when complete, will provide that community better and safer access to the aviation system. All of these accomplishments have far less to do with me and far more to do with the team I had supporting me. Also, I have enjoyed the wonderful partnerships with our many aviation stakeholders in the great state of Alaska. I have had the great fortune to have worked with an outstanding staff in my office. I have worked with four FAA Regional Administrators over these last 16 years. I've enjoyed great working relationships with other FAA divisions and the leaders of the FAA Airport Traffic Organization in the terminal , center, and flight services areas . I have had the opportunity to work in several other FAA regions and in headquarters as well as in two of the FAA Office of Airports directorates. I hope that I have made a positive difference in every position I have held on a temporary basis while in the FAA . I know the people I worked wi th in all of these regions and offices -the FAA Western Pacific Region, Northwest Mountain Region, Southwest Region, and the Office of Airport Safety and Standards -have definitely made a positive difference in my life. As I prepare to leave the job that has been a grand experience for me these last 16 plus years , I hope the peo- ple with whom I have had contact will remember me as fondly as I will remember them. I have so totally enjoyed my time with the FAA as the Alaskan Regi on Airports Division Director for these many years. This position afforded me the opportunity to visit many of the great villages and communities in this great state. I wish I could have visited many more, but those I did impacted me greatly. That out- reach helped me become a great advocate for my Region and for the state of Alaska. As I leave the FAA and Alaska, it is with very mixed emotions. I am heartened by the possibilities ahead of me in retirement, but I leave with sense of dread as I am leaving a job that has meant so much to me for a long, long time. But I leave the Office of Airports in very capable hands and I know the great work that we have carried out over the years will continue as time goes on. I want to thank everyone who has had such a great impact on my life over these last 16 years. I am forever grateful for my team and the aviation stakeholders in the great state of Alaska. I know you will all continue to strive to help make the aviation system in Alaska as safe and efficient as it can be. God bless you all and goodbye! Byron K. Huffinan, Director 2 46 of 61 A VISIT FROM WINSOME On December 11th and 12th, we were fortunate to host Winsome Lenfert, the FAA Deputy Associate Admin- istrator for Airports, who is also acting as the FAA Associate Administrator for Airports , here in Anchorage at Byron 's retirement luncheon. Winsome shared some great memories with everyone about her many years working with Byron and we all enjoyed our time together honoring Byron's FAA career. Joining us was Rich VanAllman, our Alaska Region (Acting) Regional Administrator. 3 47 of 61 GRANT CLOSE-OUT AND PERIOD OF PERFORMANCE It is common knowledge within the airport community that the Airport Improvement Program (AIP) is a grant-in-aid program that provides funding for eligible airport planning and development. Did you know that if a project does not utilize all of the obligated grant funds that the FAA can recover the unutilized funds and re-use them on another existing and/or new project? When one considers the sheer number of grants that are provided every year, the unobligated amounts can quickly accumulate to a very sizable "chunk of change." Because of the opportunity cost associated with inactive grants, the FAA encourages airport spon- sors to actively utilize grant funds; furthermore, when the project is complete, ongoing emphasis should be placed on closing the grant in an expedient manner. Starting in federal fiscal year 2016, all grant agreements incorporated period of performance requirements. These requirements originate from 2 CFR part 200. The period of performance window starts when the sponsor accepts the grant and lasts for a period of 4 years (1,460 calendar days). The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout doc- umentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). What if payments are made beyond this date? This would be defined as an "improper payment" which is a topic for another discussion, but it is an auditable item that definitely should be avoided. Another metric the FAA monitors is grant activity. You can be assured that if a grant's activity has been stagnant for a year or longer (no reimbursement requests for eligible projects costs), you will likely be re- ceiving correspondence from our office inquiring if there are issues with the project that preclude making grant draw-downs. The most prominent reason for grant inactivity is the 90% stop policy; namely, no grant draw-downs can be made beyond 90% of the grant amount until a satisfactory close-out package has been submitted to the FAA. Again, this is all the more reason to prioritize the grant close-out package as soon as practicable after project completion. What if there are legitimate reasons for a project being delayed and/or completed? Give your FAA project manager a shout. The FAA may be able to find some innovative ways to keep things moving. Moreover, allowances may be a possibility given the reasons for the delay. Getting an AIP grant from the FAA can certainly get a project "off the ground." But it is also important to remember that ongoing grant payment requests (grant activity) combined with timely grant close-out(s) can greatly contribute to the overall success of our Alaskan Region Airport Improvement Program . Brad Garland, AIP/PFC Program Manager 4 48 of 61 ENVIRONMENTAL COMPLIANCE What NEPA and related environmental documents does FAA need to review and/or approve for FAA 's environmental compliance process? Compliance with the National Environmental Policy Act (NEPA), Executive Orders, and FAA Orders is required prior to Federal Actions like issuing an AIP grant, or approving an ALP change. The FAA is re- sponsible for adequately defining, disclosing , and analyzing the environmental impacts of proposed projects that use, or plan to use, FAA funding, or require FAA approval/authorization of airport actions at Federally obligated airports, regardless of funding source. The FAA independently and objectively evaluates and/or approves Airport Sponsor-submitted environmen- tal information and documents in compliance with the laws, regulations, and Orders. Once signed by the FAA, the environmental document becomes FAA's with FAA accepting final responsibility for ensuring environmental legal compliance . The FAA's interactive role throughout the NEPA process with the Airport Sponsor is intended to put the burden of legal compliance on the FAA, limiting the Airport Sponsor's liabil- ity. The Table on the next two pages provides an overview of environmental components and documents in a standard FAA environmental review process. It is not a comprehensive list; however, it includes compo- nents commonly and routinely reviewed and/or approved by the FAA Environmental Protection Specialists (EPS). The extent of FAA EPS involvement will vary dependent on the NEPA Class of Action (COA), the complexity, and/or controversy of the project. Complex projects are likely to invoke other laws, regula- tions, coordination, and/or documentation that will require more FAA involvement beyond that noted in the table. Early coordination with the FAA EPSs will ensure the correct level of environmental review. 5 49 of 61 ENVIRONMENTAL COMPLIANCE (continued ... ) Environmental Components Reviewed and/or Annroved b1 FAA EPSs ENVIRONMENT AL FAA RE-FAA AP-FAA SIGNA-COMMENTS COMPONENT VIEW PROV AL TURE NEPA Class of Action (COA) x x x Required for all actions NEPA Scope of Work (SOW) x x x When project is complex or con- troversial Reviewed and approved prior to Agency I public scoping documents x x di stribution to public and agencies -Letter or email acceptable Public Involvement Plan x x FAA review for complex or con- troversial oroiects (CATEX or EA) Technical s tudies SOW including FAA review to occur before the process and timing i.e ., cultural re -public meeting, dissemination of sour ce survey s, field work for spec ie s x documents to the public and/or contract SOW di ssemination for surveys, etc . bid s Technical Reports x Noise, ai r quality, hydrology etc. Government to Government Consulta-x x x Sponsor prepares letter on FAA tion Initi ation Letter letterhead, FAA signs an d sends National Historic Preservatio n Act Sponsor prepared -templates (NHPA)-Section 106 Coordination & x x Re-initiation if required avai lable on FAA website USFWS and NMFS Endangered Spe-Sponsor prepares on FAA letter- cies Act (ESA) -Section 7 and I 0 head, FAA signs and sends -More Determination & Re-initiation if re-x x x FAA coordination if biological quired assessment and opinion a re re- quired Sponsor prepares on FAA letter- Marine Mamma l Protection Act he ad, FAA signs and sends Jetter. (MMPA)-Determination & Re-x x x Increased FAA coordina ti on if initiation if required Incidental Harassment or Inci- dental Take Authorization are required . Magnusen-Stevens Fishery Conserva-Consultation procedure require- tion and Management Act Essential x x x ments and FAA invol vement simi- Fish Habitat (EFH) Assessment Jar to ESA Migratory Bird Treaty Act x Typically occurs during FAA re- view of NEPA document USFWS/NMFS -Wo rk windows x Typically occurs during FAA re- view of NEPA document Section 4(f) -De Minim is Determina-If historic properties are involved , tion, Stand -Alone Evaluation and x x x Section I 06 is required for deter- Determination mi nation Sponsor to coordinate with appro- Hazardou s Materia ls/CERCLA x x priate agency, FAA to review and concur Memorandum of Agreement I Under-x x x When required for specia l purpose standin2 Jaws Typically occurs during FAA re- Mitigation (of any type) x x view of NEPA document review unless project is complex or con- troversial Permits x FAA will request draft permit applications as needed Simple CA TEX memo for record x x x Prepared by FAA 6 50 of 61 ENVIRONMENTAL COMPLIANCE (continued ... ) Environmental Components Reviewed and/or Approved by FAA EPSs Documented Categorical Exclusion docu-x x x Use current FAA Standard Operating ment approval Procedure Draft Environmental Assessment (EA) and x x x FAA signs as Responsible official prior public notice to distribution Agency/Public and public hearing Com-x Typically review will occur during ments and resolutions NEPA document review EA revisions x x FAA to confirm FAA comments have been addressed in the document Final EA x x x FAA to review and approve prior to distribution Finding of No Significant Impact At times , signing and distribution of x x x FONS! can occur concurrently with (FONS!) distribution of Final EA Contract language related to environmen-FAA is the authority for any changes tal law compliance that is FAA's decision x x to environmental commiunents e .g., ESA Sec 7 , Sec 106 NHPA changes to Construction contract{s) Leslie Grey, Environmental Program Manager and Keith Gordon, Environmental Protection Specialist 7 51 of 61 FAA SPECIFICATIONS Use of FAA Specifications (AC 150/53 70-10), and other advisory circulars, is mandatory for all projects funded with federal grant monies through the Airport Improvement Program (AIP) and with revenue from the Passenger Facility Charge (PFC) Program. Sponsors may utilize their own specifications format as long as the sponsor ensures they comply with FAA specifications. The sponsor attests that their specifications meet FAA specifications in the Sponsor Certifi- cation for Project Plans and Specifications signed at the time of submitting the grant application. FAA Specifications currently require that any material that is not of 100% U.S . domestic preference re- quires a waiver (see Buy American Act article for more information). If the sponsor requires a deviation from an FAA standard, then a modification to standards is required (See Modification to Standards article for more information). Background. Laws, regulations and Airport Sponsor Grant Assurances require compliance with cur- rent FAA standards. The following provisions require an airport construction project to meet FAA standards (e.g. AC 150/5300- 13 Airport Design, AC I 50/5370-10 Standards for Specifying Construction of Airports): Airport and Airway Improvement Act. The Airport and Airway Improvement Act of 1982, Public Law 97-248, codified in subchapter I of Chapter 4 71, Title 49 of the United States Code, requires an airport requesting an AIP grant to comply with FAA standards. The statute states in part, "An application for a pro- ject grant under this subchapter may propose airport development only if the development complies with standards the Secretary prescribes or approves, including standards for site location , airport layout, site preparation, paving, lighting, and safety of approaches." Airport Improvement Program (AIP) Grant Funded Projects. Grant Assurance No.34, Policies, Standards, and Specifications, requires a federally obligated airport to "carry out the project in accord- ance with policies, standards, and specifications approved by the Secretary, including but not limited to, the advisory circulars listed in the current Advisory Circulars for AIP Projects, ... and in accordance with appli - cable state policies, standards, and specifications approved by the Secretary." Obligated Airport. Title 49 U.S.C. § 47107(a)(16) and Grant Assurance No. 29,Airport Layout Plan , require the airport to maintain an up-to-date Airport Layout Plan (ALP) depicting existing and future air- port facilities as referenced in paragraph 12.b. AC 150/5070-6, Airport Master Plans, establishes standards for ALPs, which includes the requirement to identify unusual design features and/or modifications to FAA Airports design standards. FAA approval of an ALP indicates the existing or proposed development depict- ed on the ALP conforms to FAA airport design standards or that an approved modification to standards has been issued. Passenger Facility Charges (PFC). Title 14 CFR Part 158 , Passenger Facility Charges, Appendix A - Assurances 9, Standards and Specifications, states, "The public agency hereby assures and certifies, with respect to this project that: .. .It will carry out the project in accordance with FAA airport design, construc- tion, and equipment standards and specifications contained in advisory circulars current on the date of pro- ject approval." 8 52 of 61 FAA SPECIFICATIONS (continued ... ) Clarification to Modification to Standards applicable to airport design, construction material, and equipment projects (Order 5300.lG as of 9/29/2017) An airport sponsor must submit a request for a modification of design standards for: Any proposed deviations from standards during the review of airport design and siting standards. Any proposed design elements on an airport project not meeting standards. Any proposed (new scheduled) operations of a higher category of aircraft, regardless of the number of operations, or an increase in service level (for example from CAT I to CAT II) proposed to operate on existing infrastructure that does not meet the standards. MOS may also be necessary as part of a proposed waiver, Air Traffic Control (ATC) Standard Operating Procedure (SOP), or a Letter of Agreement (LOA). Subject to the limits of paragraph 10 (Order 5300.1 G), an airport must submit a modification of materials specifications request if available materials cannot meet the requirements of the specification or are at a sig- nificantly higher cost. An airport sponsor must submit a request for a modification of construction installation method and toler- ances (best practices) when it result in cost savings or greater efficiency without sacrificing safety or useful life, and is subject to the limits of paragraph 10. An airport sponsor must submit a modification of equipment standards request only when justified by unu- sual local conditions. An airport sponsor may submit a request for a modification from the general provisions of AC150/5370-10 if the proposed changes are required to conform to local laws and regulations. An airport may bundle all of the revisions in the general provisions sections 10 -110 into one request. As of the latest update to the Order 5300.lg, Modifications to Standards must be submitted through https:// a irports-gis.faa.gov/public/index.html Airports GIS help for the MOS Process can be view at https://airports-gis .faa .gov/public/MOSOnlineHelp/ index .html Buy American Act Reminder: For projects funded under the Airport Improvement Program (AIP), Contractor shall supply steel and manufactured products that conform to the Buy American provisions established under 49 USC Section 50101 as follows: "Steel products must be 100% U.S. domestic product Manufactured Products. Preference shall be given to products that are 100% manufactured and assembled in the United States. Manufactured products not meeting the 100% U.S. domestic preference may only be used on the project ifthe FAA has officially granted a permissible waiver to Buy American Preferences. Submittals for all manufactured prod- ucts must include certification of compliance with Buy American requirements as established under 49 USC Section 50101. Submittal must include sufficient information to confirm compliance or submittal will be returned with no action." (from AC 150/5370-100 Section 60-01). Federal Contract Clauses are available at the following FAA website: 9 53 of 61 FAA SPECIFICATIONS (continued ... ) http://www .faa.gov/airports/aip/procurement/feder al contract provisions/ Waivers to the Buy American Act can be submitted for consideration, according to Table Y-2 of the AIP Handbook. Type III Waiver (Table Y-2 of the AIP Handbook): The FAA can issue this type of waiver if the FAA deter- mines that 60% or more of the components and subcomponents in the equipment/facility are of U.S . origin and their final assembly is in the United States. A Type III Waiver cannot be issued at the system level and must be issued for each piece of equipment; however, in the case of facilities a Type Ill Waiver may be is- sued for the entire facility if all the construction materials when combined meet the 60% U.S. origin require- ment. This waiver requires a completed Buy American Content Percentage Calculation Worksheet, complet- ed Final Assembly Questionnaire, and the manufacturer must certify in writing that any major structural steel used in their equipment is of 100% U .S . origin. Type IV Waiver (Table Y-2 of the AIP Handbook): The FAA can issue this type of waiver if the FAA de- termines that applying Buy American requirements increases the cost of the overall project by more than 25%. In order to issue this type of waiver, the FAA must determine that there is at least one bid from a Buy American compliant supplier to make the 25% cost increase determination. Ryan Feil, Project Manager 10 54 of 61 CRITICAL AIRCRAFT DETERMINATION The Critical Aircraft determination is an important aspect of airport planning and design for federally- obligated airports . It sets dimensional requirements on an airport, such as the separation distance between taxiways and runways , and the size of certain areas protecting the safety of aircraft operations and passen- gers. An accurate Critical Aircraft determination helps to ensure the proper development of airport facilities and appropriate federal investments in airport facilities. An accurate Critical Aircraft determination matches aircraft operational area dimensions to the most demanding aircraft that regularly use the runways , taxiways , and apron areas. Regular Use? Regular use is 500 annual operations, including both itinerant and local operations but excluding touch-and- go operations. An operation is either a takeoff or landing. Approvals? FAA approves both the existing and future critical aircraft determination for an airport, as submitted by the airport sponsor. During the master planning process, this is normally done during the FAA ' s review of the forecast and documented in the forecast approval letter . Alternatively, it can be done during the ALP ap- proval narrative report review. The determination of a future critical aircraft is based on an FAA approval of the airport sponsor's forecast. The critical aircraft determination would then be documented in the ALP approval letter. Forecast? Forecasts of future levels of aviation activity are the basis for effective decisions in airport planning. Airport sponsors should prepare a reliable activity baseline, select an appropriate forecast methodology, develop a forecast, compare it to other forecasts for reasonableness, and submit forecasts to the FAA for approval. In general, forecasts should be realistic, based on the latest available data, be supported by information in the study, and provide an adequate justification for airport planning and development. More information? Airport sponsors should contact their FAA planner to confirm planning assumptions and appropriate data needs. Resources available to airport sponsors and their consultants to develop and document airport plan- ning forecasts and critical aircraft are : Advisory Cir culars Planning Advisory Circulars -Listing of ACs applicable to airport planning AC 150-5070-6 -Airpo rt Master Plans 11 55 of 61 CRITICAL AIRCRAFT DETERMINATION (continued ... ) AC 150 -5300-13 -Airport Design AC 150-5000-17 -Critical Aircraft and Regular Use Determination Guidance and Data Aviation Forecasts -Terminal Area Forecast, Long Range Forecast Passenger & All Cargo Statist ics -Enplanement and Cargo Data Forecasting Aviation Activity by Airport Katrina Moss, Lead Planner 12 56 of 61 WINTER OPERATIONAL SAFETY Airport operators often find themselves working long hours, during austere conditions, conducting opera- tions and maintenance activities that have dire results if safety practices are not followed . Personnel with many years of experience can also get just as complacent as a new employee when dealing with work that seems routine. During the winter, especially in Alaska, there are often times that the snow, ice, ice-fog, and other contaminants on airport pavement are more than anticipated. What may have been originally estimated as a two -hour snow & ice removal project, could easily turn into a five -hour or more ordeal. There are many things to consider when dealing with airport maintenance requirements and the best practices & procedures to ensure the highest level of safety and incident/accident prevention. FAA Advisory Circular 150/5200-30, Chapter 4 contains procedures to be follo wed for Snow Clearing Op- erations and Ice Prev ention. There are several other references for operations on controlled or uncontrolled airports and several best practices/safety expectations, including the required radio contact and authoriza- tions from the Air Traffic Control Tower (ATCT) (Controlled Airport) or the monitoring/use of the Com- mon Traffic Advisory Frequency (CTAF) (Uncontrolled Airport or when the Controlled Airport's ATCT is closed). Take a look at the infographic below and be sure to post this in your airport operations and maintenance are- as. Consider a vehicle binder/poster to ensure it is available as a reminder for operators: Pers onnel will contact the o verlying ATC facility prior to commencing work when a Work In Progress (WIP) NOTAM is published w ith less than 30.. minutes advance notification? Field maintenance personnel inadvertently working past the WIP NOT AM expiration time CANNOT occur? Vehicles will have UHF/VHF radios Installed? • Personnel will monitor the CTAF frequency for local traffic? • Personnel will frequently/perlodlcally self- Snow remo val operations CANNOT occur prior announce over CTAF when they are on the runway to issuing a NOTAM that closes the runwa ? or in the movement area? IDBm!!!l!ll!!E5Wl .. a....----~~~~~~~~~== f Tellulide ITDI Airport. CO. D tcembar Z3, 2015 Translation: All arradram• surfaas ha.,. snow removal work in pragrrss fW time glvrn ... RWY 09/27 ClSD EXC 30 MIN PPfl 1712070700- Trons/ation: Runways 09 and 27 are closed e.11~pt far thirty-minutr prior permission r'flquirrd during t~ time period specif/rd Matt Stearns, Lead Airport Certification Safety Inspector (ACSI) and Randy Kuehl er, ACSI 13 57 of 61 2018 ALASKAN REGION AIRPORTS DIV. CONFERENCE JUNE 6-7, 2018, Anchorage The time has come again for our bi-Annual Alaskan Region Airports Division Workshop! Please mark your calendars and plan to attend this year's event June 6th and 7th in Anchorage, Alaska. Specific details, draft agenda, and venue location will be announced at a later date via official invite and an- nouncement. As always , our Alaskan Region Airports Division team will strive to provide attendees with an excellent agenda and classes/presentations that will address current issues and concerns most relevant to all attendees. To that end, while our team will be populating the agenda with presentations we know will be beneficial to as many as possible, we welcome your input and requests for issues to address , questions to be answered, and clarifications to be made, on as many relevant topics as possible. Categories will be within the areas we most commonly work, including general sessions on a broad range of topics, as well as tracks that will follow issues related to FAR Part 139, Airport Compliance, AIP I 01, Air- port Environmental, AIP Development Projects, AIP Planning, Case Studies, and Lessons Learned, to name a few. We invite you to look through the agenda from our previous Workshop, and let our team know top- ics you found most helpful, presentations that you would like to see again with updated information, and any new topics you would like to see discussed. We look forward to seeing you at the 2018 Airports Division Alaskan Region Workshop, June 6-7, 2018, here in Anchorage! Krisjon Tabisola, Project Manager 14 58 of 61 'Dear conference yresenters, we want to tliank you for yresentine at tlie 15tfi .'Annua{ 'Dr.BT & Su6contractors' Conference. 'We apyreciate you taking tlie time to sliare your knowCedjje and expertise. Your commitment anc[ support goes a Cone ways to strenethening our future partnerships and ongoing businesses within .'A{aska. Sincere Cy, Tlie .'A'DOT&P:f Civi{ 'Rights Office l @l;j" a -~ ~ 59 of 61 (This page was intentionally left blank) 60 of 61 Mary Bondurant From: Sent: Paul Hadfield <paul@arcticbarnabas.org> Friday, March 16, 2018 9:28 AM To: Mary Bondurant Subject: Rental Airplane Mary, I wanted to let you know that we, Arctic Barnabas have a Cessna 172 for rent if you hear of anyone looking to rent an aircraft. Please put them in contact with me and I will get it rolling on my end. I know MARC is going crazy renting planes and we are trying to capitalize on the lack of any publicly available planes here in Kenai . Thanks , Paul Hadfield Arctic Barnabas Ministries Encouraging Ministry Leaders in Bush Alaska 907-252-9252 cell 907-283-3377 office 1 61 of 61