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HomeMy WebLinkAbout2003-06-12 Airport Commission Packet KENAI AIRPORT COMMISSION JUNE 12, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- May 8, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ao Discussion -- Future Meeting Schedule Discussion -- Airport Noise Discussion -- Air Fair Wrap-Up ITEM 6' NEW BUSINESS ITEM 7: REPORT ao Commission Chair Airport Manager City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND ~UESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS ao de Kenai City Council Meeting Action Agendas for May 21 and June 4, 2003. Updated Membership List May, 2003 Kenai Municipal Airport Enplanement Report and Float Plane Basin Activity 6/2003 Alaska Business Monthly advertisement for Kenai Municipal Airport. ITEM 11' ADJOURNMENT KENAI AIRPORT COMMISSION MAY 8, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- February 13, 2003 March 13, 2003 April 10, 2003 ITEM 4: ,,, PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS Discussion-- Airport Noise ITEM 6: NEW BUSINESS Discussion-- Terminal Access Project Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. ITEM 7: REPORT Commission Chair Airport Manager City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND (~UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS Kenai City Council Meeting Action Agendas for .April 2 and 16, 2002. Updated Membership List. March, 2003 Enplanement Report ITEM 11: ADJOURNMENT. KENAI AIRPORT COMMISSION MAY 8, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HENRY KNACKSTEDT, PRESIDING MINUTES ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at 7:00 p.m. Members Present: Members Absent: Others Present: Holloway, Bielefeld, Knackstedt, Versaw, Van Zee, Watkins Haralson Councilwoman dackman, Airport Manager Cronkhite, Department Assistant Bondurant, Contract Secretary Roper- 2 students from the KCHS Government Class ITEM 2' AGENDA APPROVAL Chairman Knackstedt requested Kristme Schmidt be added under Item 4, Persons Scheduled to be heard. MOTION: Commissioner Van Zee MOVED to approve the agenda as amended and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- February 13, 2003 March 13, 2003 April 10, 2003 Chairman Knackstedt noted there was no quorums for the March 13 and April 10 meetings so the Commission will be approving the February 13, 2003 minutes only. MOTION: Commissioner Holloway MOVED to approve the minutes of February 13, 2003 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Kristine Schmidt-- Airport Noise Schmidt reported she wrote to the Airport Manager regarding the Voluntary Rules and would like to see an ordinance developed to clear up the vagueness. Schmidt added, the current voluntary rule~ work fairly well, however, there are some violations. Schmidt requested consideration on the following: · Some of the Rule~ are unenforceable such as the 1000' rule so consideration needs to be given for better clarification. · A path map for pilots should be included. · The Rules should include protection of residential areas. · She's lived in the Woodland Subdivision since 1967 and has seen a lot of growth. Increased air traffic and tree removal has increased the noise levels. · Once an ordinance is developed, consideration needs to be given to punishing violators. · Include enforcement provisions in the ordinance, using the Animal Control Shelter's enforcement procedure as a guide. · The Rules should have some provisions for dealing with small aircraft. Schmidt feels the material included with her letter in a previous packet didn't give a true measure of noise in the residential area. · Requested a real airport noise study be conducted. Cronkhite stated an ordinance to regulate airport noise would be difficult, as the City does not control the air space. After a lengthy discussion it was determined Cronkhite would contact the City ^ttomey and request a legal opinion be available for the next regularly scheduled meeting. ITEM 5: OLD BUSINESS Discussion -- Airport Noise -- Discussed at Item 4-a. ITEM 6: m~w aumm~ss Discussion -- Terminal Access Project Phil Bryson with Wince, Corthell, Bryson provided handouts regarding the terminal access project and explained each item. Cronkhite noted the purpose of the discussion was to have the Commission recommend City Council approve the submittal of the grant application for FAg. funding for the project. Cronkhite reported the FAA would not fund any part of the parking lot but they would cover access roads and ADA compliance work. Discussion followed regarding phasing the project and Bryson explained the storm drain and electrical designs. Cronkhite stated more public meetings would need to be held but the fa'st step is to get the grant application submitted. MOTION: AIRPORT COMMISSION MEETING MAY 8, 2003 PAGE 2 Commissioner Van Zee MOVED to recommend that City Council approve the submittal of the federal grant application for funding of the terminal access project and Commissioner Holloway SECONDED the motion. There were no objections. ~O ORDERED. Fencing of the General Aviation Area -- Cronkhite provided handouts of the area in question and explained the problem of fencing and parking in the general aviation area. Cronkhite added, a work session would probably have to be scheduled in order to discuss the issue in more detail. Cronkhite drew attention to one of the handouts depicting a plan for more parking in the general aviation area, noting the area could be paid parking with a honor system pay box up to and including permit parking. Bielefeld stated his company would take at lea~t 15 of tho~e par~g spots fight now if space~ were available. He added, vehicle. parldng for hia company and employees is a real problem right now. A lengthy discussion followed regarding the proposed plans. Cronkhite stated a public hearing will be scheduled and she hoped to get more public comment. She added, a larger map of the area would be available and she will ask the FAA Planner, John Lovett, to attend. If anyone has any ideas for expanding and developing the area they should call the Airport Manager's office. , Discussion -- Proposed Meeting Schedules for City Commission, Committeea, Bom'da and Council on Aging. Chairman Knackstedt expressed concern with the proposed meeting schedule change and felt there would be more difficulty in getting people interested in sitting on the various commissions and committees. Councilwoman dackman explained the reason for the proposed change and noted special meetings can be scheduled ff necessary. After a lengthy discussion on the City's budget cuts and the hits other departments are taking, the Commission agreed to have six meetings per year but would come back to City Council with a tentative schedule. MOTION: Commissioner Van Zee MOVED the Airport Commission meet six (6) times per year and request that Council allow them time to review the workload and come back with a tentative schedule for approval. Commissioner Holloway SECONDED the motion. There were no objections. ~O ORDRRRD. ITEM 7: REPORTS 7-a. Commission Chair -- Chairman Knackstedt reported the annual Central Peninsula Air Fair is scheduled for May 31 from 8 a.m. to 11 a.m. Cronkhite reported AIRPORT COMMISSION MEETING MAY 8, 2003 PAGE 3 over 200 invitations were marled and volunteer~ and donations are needed. She added, early registration and the purchase of t-shirts can be made at her office. Bielefeld stated he would donate another certificate for a half-hour scenic flight for a door prize. 7-b. Airport Manager- Cronkhite reported the airport now has its own website; the address is www. KenaiAirport.com. Cronkhite welcomed Chip Versaw to the Airport Commission and thanked him for his participation. 7-c. City CounCil Liaison- Councilwoman daclanan noted the City Council agendas for the last two meetings were included in the packet. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 9: P~I~_R_ONS NOT SCHEDULED TO BE HEARD, -- None ITEM 10: INFORMATION ITEMS 10-a. 10-b. lO-c. Kenai City Council Meeting Action Agendas for April 2 and 16, 2002. Updated Membership List. March, 2003 Enplanement Report ITEM 1 !' ADJOURNMENT The meeting adjourned at 8:55 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary AII~ORT COMMISSION MEETING MAY 8, 2003 PAGE 4 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM: DATE: RE' Members of City of Kenai Commissions, Committees and Boards Carol L. Freas, City Clerk May 27, 2003 APPROVED KEIVAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Attached is a copy of the new meeting schedule policy which was unanimously approved at the May 21, 2003 City Council meeting. The new meeting schedule will take effect on July 1, 2003. If you have any questions, please call me at 283-8231. clf Attachment lll!INAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINC,8 AND WORK SESSION8 In consideration of constraints in the Fiscal Year 2004 budget, direction is given as follows: Mee~tn~ Schedules: 1. Library, Harbor, Parks & Recreation and Airport Co_m_missions shall meet bi- mon~.ly. 2. Beautification Committee shall meet January throu~ May. 3. Council on A~in~ shall meet bi-monthly at the Kenai Senior Center. 4. Plannin~ & Zonin~ Commission and the Personnel Arbitration Board is exempted from this bi-monthly meetin~ directive. 5. Commissions, committees, boards and the Council on A~in~ may, with City Clerk's approval and notifica~on of Council and City Manager, hold special meetings (for a specific purpose} in tJ~e~ alternate/off-monfl~s on an as-needed basis. 6. All co__m_mission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. 7. Any additional commissions, co_m__m__ittees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Mt_nutes/Meetin~ Recording: 8. Excep~ng the Plug & ~~g Co~ssmn, responsib~ of ~g notes ~d elec~omc~Y recor~g ~e com~ssion, committee, bo~d mee~gs, f~s to ~e dep~en~ ~son (s~ member} to ~e sp~ffic mee~g ~up. 9. Su~~ ~utes ~ be produced by ~e Ci~ Clerk from ~e dep~ent H~son notes ~d prodded to ~e CiW Council as offici~ records of ~e mee~gs. 10. El~~mc recor~gs of ~e m~~g ~oup, excep~ ~e Plug & ~~g Commission, sh~ be kept for ~o ye~s. 11. P~g & Zo~g Commission mee~g recor~gs sh~ con~ue to be kept for s~ ye~s. Work Sessions..'. 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may be held without the City Clerk's approval ff they occur on the night of a regularly scheduled meeting at or after the time of the regularly scheduled meeting. 14. During work sessions, only items on the meeting's agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Schedules for all City of Kenai commissions, committees, boards and Council on Aging meetings are as follows: Comm!tt_,_' _~n/Committee / Board Lib Commission Harbor Commission Council on A ' Beautification Committee Parks & RecreaUon Commission ' ore Commission · Twice monthlv Bi-mont. hl Feb., A rtl, June, Au . Oct., D~. Bi-monthlv Jan., Mar., May, Jul . Se t_ Nov Bi-monthly Jan, Mar, May, Julv Se ~ Nov Bi-monthl Jan., Mar., M&v, July, Seut., N~ This policy shall take effect on July 1, 2003 and remain in effect umil modified by the Kenm City Council. Approved by the Kenai City Council on the 21.t day of May, 2003. KENAI CITY COUNCIL MEETING MAY 21, 2003 PAGE 4 Porter W~ams Moore Yes Yes Y~s Osborne Booker Yes Jackman Yes Swarner Yes Absent MOTION PASSED UNANIMOUSLY. 9-2. Resolution No. 2003-28 -- Designating Legal Administrative Assistant Sheryl Padilla as Deputy City Clerk. VOTE: Councilwoman Porter MOVED for approval of Resolution No. 2003-28 and Councilman Bookey SECONDED the motion. There were no public comments. Williams stated the change in assignment is due to a cost-cutting measure cutting the 20-hour assistant from the Clerk's budget. VOTE: Councilman Bookey requested UNANIMOUS CONSENT. SO ORDERED. There were no objections. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council, on Aging -- Semor Director Craig reported the minutes of the May 8 meeting were included in the packet. She noted an application was also included in the packet for consideration to fill the vacant seat on the council; the applicant, Donna Higley, is currently a member of the Harbor Commission; and, Higley is interested in serving on both groups. Williams recommended appointment of Donna Higley to the Council on Aging and there were no objections from Council. E-2. Airport Commission -- Councilwoman Jackman reported the minutes of the May 8 meeting were included in the packet. She noted the following: · Public comment was taken on airport noise and some discussion indicated noise abatement is hard to enforce because the city has no control over the air space. · Handouts were distributed relating to the proposed parking lot system and sidewalk improvements. · The new meeting schedule was discussed and some concern was expressed to limiting commissions/committees to six meetings a year may keep them from attending to business and requested to review their work load from the last 12 months and make a recommendation to council for their meeting schedule to council. KENAI CITY COUNCIL MEETING MAY 21, 2003 PAGE 5 A brief discussion took place in which Bookey stated he believed a good job was done in putting together the new schedule and the Harbor Commission was comfortable with it and are aware a special meeting can be called if something arises needing immediate attention. He added, he was hesitant to have commissions pick and choose when they want to meet. Clerk Freas requested council, in their consideration of the schedule later on the agenda, to keep the schedule as simple as possible and remember the commissions/committees are serving the public and therefore consistency and simplicity of schedules will be best. Williams noted the new schedule was part of the cost-cutting process the city is going through. Bookey asked for an update in regard to the new sign for Triangle Park. Snow reported the purchase order had been removed from the list at the May 7 council meeting in order for the matter to be reviewed further. After discussing the issue with the Airport Manager and local sign shop representative, it was decided to go through a bidding process at another time. She noted, the sign came with the submitted landscaping design and due to time constraints, she planned to have the sign bid next season. Discussion followed and Bookey stated he did not want to delay the issue and wanted the sign purchased as soon as possible in this fiscal year. Porter, referring to the Airport Manager's report, stated it seemed the issue was getting cumbersome and the cost would be below the $10,000 limit requiting a bid. She suggested a one-page bid proposal. E-3. Harbor Commission -- Bookey reported the Comm/ssion met on May 12 and discussed the following: · R&J Seafoods proposal for lease of the dock facility. · The new meeting schedule. Williams reported he would be meeting with Congressman Young on May 28 at 2'30 p.m. at the Congressional Office. He requested Bookey, Snow and Komelis to attend. The primary discussion will be the bluff erosion/coastal trail project. E-4. Library Commission -- Councilman Moore reported the minutes of the May 6 meeting were included in the packet. The Commission discussed and had some concerns with the new meeting schedule. They also discussed the Friends of the Library book sale to take place June 12-14. E-5. Parks/h Recreation Commission -- Councilwoman Porter reported the minutes of the May 1 meeting and May 15 special meeting were included in the packet. The Commission suggested their meeting dates begin in Februars.,. Porter also noted, at their special meeting, the Commission recommended the Recreation Center program stay the same as it is currently. KENAI CITY COUNCIL MEETING MAY 21, 2003 PAGE 10 additional funds from the fund balance or a reduction of services; and, the city and its residents have everything to gain through the partnership. Bookey agreed with Porter's comments and stated he would support the approval of the partnership and added, he believed this would be the most prudent thing the city can do for adults and teens. Moore stated the council had requested the administration to "think outside the box" and they did; there would be no loss of the adult basketball program; the program excluded young children; he liked the option with the Club and thinks the city and its residents will benefit from the agreement; the contract is for three years; the contract will not continue without the city's financial support. Moore stated he would support the approval of the agreement. Councilman Osborne stated he supports the Club and.their efforts; made many trips to the Recreation Center and observed fh'emen using the weight room, young adults playing basketball, etc. He believes it would be in the best interest to leave the facility as it is currently operated and would oppose the partnership agreement. Councilwoman Jackm~ stated she had received many written comments and calls objecting to the partnership agreement and she has in the past supported the Club and will continue to for their successful programs. Jackman added, because of the public outcry, she would not support the agreement. She continued, she would rather wait for a year and give the employees a chance to develop the program or go out to bid. Williams commented there were many changes being made and will continue to be made; there were complaints from citizens when the Recreation Center was going to be built; he believes this will be a change for the better for the community and would support the approval of the agreement; and, suggested the matter be reviewed in a year. VOTE: Porter Yes 0sbome Williams Yes Booker Moore Yes No Yes Jackman No Swarner Absent MOTION PASSED. ~I-7. Approval -- Proposed Meeting City Schedules for Commissions, Committees, Boards and Council on Aging tCENAI CITY COUNCIL MEETING MAY 21, 2003 PAGE 11 Comments were received from council members in regard to the different commissions/committees and boards in response to the new meeting schedule. Requests for changes to the schedule were' · Parks & Recreation Commission requested their meetings start in January-- no objections. · Library Commission requested initially to continue holding their meetings at the Library and begin at 6'00 p.m. However, for the good of the whole, they will hold their meetings in the council chambers, beginmng at 7:00 p.m., but requested they begin in February -- no objections. Beautification Committee requested their meetings be held in February, e march, April, May and June. If a follow-up meeting is required in the fall, a special etmg can be requested -- no objections. ere were no objections to the new meeting schedule with the above-listed changes. I-8o Approval -- Council on Aging By-Law Amendment Clerk Freas reviewed the changes to be made to the by-laws. MOTION: Councilman Moore MOVED to approve the amendments to the Council on Aging By- Laws and Councilwoman Jackman SECONDED the mot/on. VOTE: Porter Williams Moore Yes Osborne Yes Jackman lYes Yes Bookey Yes Swarner I Absent Yes MOTION PASSED UNAN~OUSLY. ITEM J: REPORT OF THE MAYOR-- Williams noted the follow/ng: · An invitation to the AML Conference to be held in Nome form November 10-15 was included in the packet. · Would like to move ahead with the previous suggestion to request additional property for the cemetery from the FAA. Administration has discussed the matter of puttmg in a water well and power. He suggested an additional entryway mto the property; build a storage shed for equipment, etc.; use of burial vaults in the proposed new area, etc. Bookey stated he agreed, but noted the well would have to be "non-potable" as an early agreement with FAA requires it. CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' Rebecca Cronkhite, Airport Manager FROM'C f-~ Cary R. Graves, City Attorney DATE' June 4, 2003 RE' Municipal Regulation of Airport Noise You requested an opinion describing the extent, if at all, the City of Kenai could regulate airport noise. As will be described below, Kenai could enact some noise controls, but only after an approved aircraft noise study and with the concurrence of the Federal Aviation Administration (FAA). The penalty for not doing it right includes loss of federal funds for the airport. Using the Supremacy and Commerce Clauses of the United States Constitution, the federal government has enacted preemptory regulatory powers over aviation.~ The Federal Aviation Act2 grants the federal government "complete and exclusive" authority over the nation's airspace. As one treatise on municipal law notes: The federal government has control of the national airspace to a degree sufficient to prevent local governments and agencies from using their police powers to control airport noise by regulating the flight of planes. The Federal Aviation Administration, in conjunction with the Environmental Protection Agency, has control over aircratl noise, preempting municipal control of aircraft noise by flight prohibition. The Federal Aviation Act preempts a city from using its police power to regulate the configuration of nmways and taxiways on a private airport. However, a municipality, as proprietor of an airport, may establish permissible noise levels by regulations, since federal preemption of state and local regulative powers under the Supremacy Clause applies only to the exercise of police powers. McQuillen ,~.lttn Corp. § 11.03.10 (tbotnotes omitted) As noted above, the avenue available for the City to consider local noise controls is called the "proprietor exception." The basis for that doctrine is 49 U.S.C. §41713(b)(3), which states that a Rebecca Cronkhite June 4, 2003 Page 2 of 3 political subdivision of a state that owns or operates an airport is not prohibited from exercising its proprietary rights. Under that doctrine, a municipality that is the owner of an airport may enact some noise control if it is done in accordance with federal procedure.3 The courts' rationale is that a municipality as owner of the airport may act to reduce is liability for inverse condemnation ("takings") claims as a result of aircraft noise.4 The cornerstone of that procedure is an FAA-approved noise study. The Airport Noise and Capacity Act of 1990~; the Airport and Airport Improvement Act of 19826; and the Aviation Safety and Noise Abatement Act of 19797 all require FAA-approved noise studies be done prior to a municipal attempt to regulate noise. The regulations setting the standards for noise studies are contained in 14 C.F.R. § 150 and § 161. The regulations set out a detailed and complex process for such studies. The rationale for strict FAA control of noise studies is set out in 49 U.S.C. §472521(2). That states, "Community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national transportation system." This reflects the idea held by the FAA and Congress that air transportation is a national rather than local issue. The penalties for non-compliance are severe. Under federal law, the airport could be ineligible for federal grant moneys. As you know the Kenai Municipal Airport relies heavily on federal grant money. A loss of such funding would be severe. The FAA could also seek judicial action to void improper, local noise controls. Some cities have used the "proprietor exception" to partially regulate airport noise. They include New York9, Santa Monica~°, and Long Beach.~ As you can tell from the court citations, the aviation industry has a history of fighting these types of noise restrictions. The courts have not been shy about striking down part or all noise restrictions which go outside the narrow limits allowed. ~2 Santa Monica Airport and National Helicopter Corp. illustrate that most courts will look closely at whether the restrictions are based on noise or type of aircraft. In those cases, while upholding general noise restrictions, they struck down restrictions on particular types of aircraft. They view prohibitions on particular types of aircraft, such as jets (Santa Monica AirporO or large helicopters (National Helicopter Corp.), as unreasonable. Thus, the municipality must focus on the level of noise, not the particular type of aircraft making the noise, as the issue. Put another way, the courts don't see a difference between noise coming from a jet and noise coming from a floatplane. Summary While it is possible to regulate noise at a municipally owned airport, it's not as simple as just passing an ordinance. It's a long and complicated process that starts with getting an approved noise study done. Any noise controls must reflect the findings of the study. The City must work also closely with the FAA during the entire process. Failure to follow the correct procedure could result in the loss of federal funding for the airport. Rebecca Cronkhite June 4, 2003 Page 3 of 3 Let me know if you or a member of the Airport Commission has any questions. CRG/sp cc: Linda L. Snow, City Manager ~ Ci~. of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624, 627, 93 S. Ct. 1854, 1856, 36 L. Ed 2d. 547 (1973)(Overturning 11 p.m. - 7 a.m. jet aircraft curfew), Allegheny Airlines, Inc. v. Village of Cedarhurst, 238 F.2d 812 (2~a Cir. 1956))(Voiding local ordinance prohibiting flights over municipality at less than 1,000 ti.) 2 49 U.S.C. 1508(a) 3 Alaska Airlines, Inc. v. City of Long Beach, 951 F.2d 977 (9~ Cir. 1991) 4 Santa Monica Airport v. City of Santa Monica, 659 F.2d 100 (9a Cir. 1981) s 49 U.S.C. §47521 6 49 U.S.C. §47101 7 49 U.S.C. {}47501 8 49 U.S.C. ~§47526 and 14 CFR § 161.501 9 SeaAir NY, Inc. v. City of New York, 250 F.3~ 183 (2na Cir. 2001)(Restrictions on city-owned seaplane base upheld under the "proprietor exceptions" as a reasonable attempt to reduce noise impact on the community) & National Helicopter Corp. of America v. City of New York, 137 F.3d 81 (2~a Cir. 1998)(Upholding most of regulations reducing noise by limiting traffic at heliport, but overturning ban on a particular type of helicopters as discriminatory) ~o Santa Monica Airport v. City of Santa Monica, 659 F.2d 100 (9a~ Cir. 1981)(Evening curfew weekend limitations upheld but striking down limits on all jet aircraft) ~ Alaska Airlines, Inc. v. C~ty of Long Beach, 951 F2d 977 (9a Cir. 1991)(Upholding separate noise limits for daytime and nighttime flight operations) ~2 National Helicopter Corp of America v. City of New York, supra; Santa Monica Airport, Inc. v. City of Santa Monica, supra; and City of Burbank v. Lockheed Air Terminal, Inc., supra. The third annual Central Peninsula Air Fair was held Saturday, May 31, 2003. The Air Fair kicked off with a breakfast at Kenai Airport's Operations Facility from 8am to 1 lam. Forty-eight (48) participants registered for the poker run. ^ $20 entry fee provided each participant a t-shirt, breakfast, and barbeque. The Air Fair transferred to the Soldotna Airport from 1pm to 3pm for the barbeque and poker run pdze presentation. Entertainment was provided by Hobo Jim. hal Municipal Airport Monthly Report!1 May 14, 2003 Airport Triangle Landscaping Project: The project will kick off next week. In discussing project cost concerns with Steve Booth, it was suggested that eliminating the metal salmon and the sign could save a considerable amount of money. These two items represented one half of the total project cost. Questions have also risen over the sign bids. This bid may require a formal bid process. A formal bid process would be lengthy and involve additional costs for bid documents, advertising, and printing. Steve and I believe the project will be attractive and maintainable without these two items resulting in a cost saving of over $8,000. If desired, a sign could be added later. This approach seems the most reasonable given the currem budget situation. Terminal Access Project: Airport Commission reviewed the project concept at their last meeting. FAA has agreed to program funds for the grant eligible portions of this project and the grant application documents are under development. Once the grant is approved, further public meetings and design work will proceed. Handicap Lift: Scheduled for delivery in late May. Tentative schedule has training for Era employees on May 29 and 30. We plan to have the new lift on display at the Air Fair Breakfast on May 31. Airport Espresso Bar: The Airport Espresso Bar project is well under way with the water and electrical jobs completed. The owners of Wings Family Diner will be opening it soon. I am also working with Kay Shearer, .Executive Director of the Kenai Chamber of Commerce in developing a Chamber display in the airport. 3~d Annual Central Peninsula Air Fair & Fun Flight: Planning meetings are ongoing for the evem planned for Saturday, May 31st. The logo has been developed and t-shirts are on order. Postcards were mailed May 7, 2003. Ads will be in the classified section under "AIRPLANE" in the Anchorage Daily News, Fairbanks Miner, and Peninsula Clarion newspapers. Jay Barrett will address other advertising avenues. The registration form, rules, and agenda are available at the following websites: www. KenaiAirport.com and ww .ci.soldotna. ak.us. The Kenai Airport and the local chapter of the EAA (Experimental Aircraft Association) will serve breakfast from 8am - 1 lam at the Kenai Airport Operations Facility with the bar-b-que from 1 pm - 3pm at the Soldotna Airport. Suggested donations for the breakfast are $5 for adults and $3 for senior citizens 65 & older and children 12 and under. The Soldoma barbeque is $10 for adults and $7 for senior citizens 65 & older and children 12 and under. The event is in conjunction with the First Flight Centennial and booths and static displays are welcome. We are looking for pioneer aviators to join us for breakfast or lunch and share their stories. The concept is to provide each pioneer with a table to display photos or other memorabilia and encourage folks to sit with them and enjoy the flying stories and companionship. If you know any local pioneer aviators that might be interested please contact Kenai coordinator Mary Bondurant at 283-7951 x 22. Airport Security: Airport Manager is continually working with Era Aviation, Transportation Security Administration (TSA) and others in the hope that TSA can cominue providing agents to screen bags outbound from Kenai Airport for transfer to other airlines. Airport Advertising: Look for our latest ad in the Alaska Business Monthly. The new slogan is "Kenai Municipal Airport, a place for your business to grow". AGENDA KENAI CITY COUNCIL- ~ULAR MEETING MAY 21, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) , Mt. View School/Fourth Grade Class-- Presentation of Class Project Video. ITEM C: · ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCII~ PUBLIC ItEARINGS le 0 Resolution No. 2003-27-- Awarding a One-Season Lease (June 1, 2003 to September 30, 2003) of Kenai Dock Stations No. 2 & 3 to R & J Seafood for the Seasonal Base Bid of $21,000 Plus $0.03/Lb. Over 700,000 Lbs. Resolution No. 2003-28 -- Designating Legal Administrative Assistant Sheryl Padilla as Deputy City Clerk. ITEM E: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. ~.. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission .. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: , ITEM G: ITEM H: ,,, ITEM I: . o ITEM J: ITEM K: MINUT~ *Regular Meeting of May 7, 2003. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2005-2003 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. *Ordinance No. 2006-2003 -- Amending the Official City Of Kenai Zoning Map to Change the Zoning District of Those Certain Lands Listed on Attachment A to "Education Zone." Approval -- Assignment to Lease/Kenai Municipal Airport, Space #9, Terminal Building -- Dorothy A. Fischer, Inc., d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually; and Alaska's Best Travel and Tours, Inc., d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually. Approval-- Kens./Recreation Center Partnering Agreement Between the Boys &, Girls Clubs of the Kenai Peninsula and the City of Kenai. Approval -- Proposed Meeting Schedules for City Commissions, Committees, Boards and Council on A~ing Approval -- Council on Aging By-Law Amendment REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ~ ADJOURNMENT AGEKDA KENAI CITY COUNCIL- RF~ULAR MEETING JONE 4, 2003 7:00 P.M. KEN~ CITY COUNCIL CHAMBER8 http: / / www.ci.kenai.ak, us. COUNCIL STAFF MEETING: 6:00 P.M.. ITEM A: ,, CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed w/th an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: ,! SCItEDULED PUBLIC COMMENTS (10 minutes) ITEM C: I~mPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS le Senator Tom Wagoner-- Legislative Wrap-Up Assemblywoman Betty GHck -- KPB Assembly Report ITEM D: . PUBLIC HEARINGS Ordinance No. 2005-2003 -- Adopting the Annual Budget for the Fiscal Year Commencin§ July 1, 2003 and Ending June 30, 2004. . Ordinance No. 2006-2003 -- Amending the Official City Of Kenai Zoning Map to Change the Zoning District of Those Certain Lands Listed on Attachment A to "Education Zone." e , Resolution No. 2003-29 -- Fixin§ the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2003 and Endm§ June 30, 2004. Resolution No. 2003-30-- Transferring $55,000 From Non-Departmental Contingency to the Finance Department to Purchase Accounting System Software and Related Items. Resolution No. 2003-31 -- Transferring $12,000 in the General Fund for Street Light Utilities. . Resolution No. 2003-32 -- Awarding the Bid to J & D Painting & Drywall, Inc. for Kenai Library and Public Safety Bufldin§ Exterior Painting - 2003 for the Total Amount of $26,825, Which Includes the Basic Bid and Additive Alternate No. 1. ITEM E: Resolution No. 2003-33 -- Objecting to Elimination of Mumcipal Revenue Sharing/Safe Commumties Funding From the FY04 State Budget. COMMISSION/COMMITTEE I~--PORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: . , ITEM G: *City Council Joint Work Session with Parks & Recreation Commission Members and Boys & Girls Club Representatives of May 6, 2003. *Regular Meeting of May 21, 2003. CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: ITEM J: NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Approval -- Kenai Municipal Airport Terminal Special Use Permit/Rearm Pitts/ATM Machine Discussion-- USA Patriot Act REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORT~ 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT AIRPORT-COMMISSION Meets Second Thursday February, April, June, August, October, December Kenai Council Chambers 7'00 p.m. Commissioner Name Home Phone Business Term snd Add_re_~_~ Phone Email Address Seat Ends_ Ronald H. Holloway 262-1407 262-7491 At Large 2004 330 Columbine, B-7 Soldoma, AK 99669 _ James L. Bielefeld 260-3148 283-4124 bielefel((t.!ptialaska.net FBO 2004 P.O. Box 46 Kena_i, AK 99611 _ *Henry H. Knackstedt 283-2853 262-4624 hknackstedt~_a:hotmail.com CAP 2004 1602 Barabara Drive Ken_~i, AK 99611 Charles "Chip" Versaw 262-7745 283-5700 (p) cversaw~_a!~k, net At-Large 2005 403 North Willow, # 1 283-5799 (f) Kenai, AK 99611 **Dan Van Zee 262-1588 283-7291 dan~hertzcars.com Lessee 2005 325 Airport Way Kenai, AK 996 11 ~ ~ ~ ~ Douglas K. Haralson 283-4623 283-3735(p) haralson(~gci.net FAA ~ P.O. Box 2881 283-4391(/) Kenai, AK 99611 ~ ~ ~ ~ ~ 283.474"'~~'~~~ ~ rjwatki~_i, ppco.com At-Larg~ ~ Robert (Jed) Watkins 214 Susieana Lane 776-6258(f) Kenai, AK 99611 ~ ~ ~ ~ Councilwoman Amy ~ ajackman~_~gci.net. City Jackman Council P.O. Box 477 Liaison Kenai, AK 99611 ~ ~ ~ ~ ~ 283-3818 ~ rcronkhite(~!ci, kenai.ak.us Airport Airport Mgr. Rebecca Cronkhite Manager City of Kenai 305 North Willow St., Suite 200 Kenai, AK 99611 ~ ~ ~ ~ * Chair **Vice-Chair (5/22/2003} na/ Municipal Airport 2003 Monthly Enplanements S,000 ~/ BSeriesl t 1 Era 1998-2002 Month ?_003 2002 5 yr. Average Jan 6,454 7,829 -1 ,S75 8,055 Feb 5,602 7,046 -1 ?444 7,302 ,,, Mar 5,280 7,371 -2,091 8~154 Apr 5,375 6,902 -1,527 7,032 May 5,848 6,880 -1,032 7,702 Jun 8~815 .. Jul 11,962 Aug 10~432 Sep 7,697 Oct 7,701 Nov 7,407 _ D~ 7,457 _ Totals 28,559 36,028 -7,469 KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN ACTIVITY- 2003 OPERATIONS APRIL 2' ,MAY 86t 'JUNE ~ JULY AUGUST SEPTEMBER; OCTOBER NOVEMBER i J TOTAL TO DATE AUTOMATED FUEL FACILITY mm m m mmm mm m mmmmmmmmmmmmmmmm mmmmmmmmmm m m m mm m m mmm Month Gammons To~l Same MAY ' 308 $834.68 JUNE JULY .AUGUST SEPTEMBER OCTOBER TOTAL m m m mm mm mm m mm mmm m mm mm mm m mm m m mm m m m m m m m m m m mm m m m m m m m m m mm m m SLIPS LEASED m m mm m mm mm m m mm mm mm mm m m mmm mm mm m m m mmm m mm m m mm m mm m m m m m mm m m m m PRIVATE COMMERCIAL 01 Rev 8~3~99 1 4 Ali-American Soap Box Derby An official qualifying race for the Akron, Ohio, World Champienships. Sponsored by the Kodiak Lions Club and · City Parks and Recreation. Contact lan Fuip at 486-8670. 2.1 Bank Hold-Up · The Bank Hold-Up is an annual event held during the Midnight -., Sun Festival. It is the re-enactment of an old-time gold-rush-era bank robbery and is exciting for the onlookers. Call 443-6624. 21 Polar Bear Swim The Polar Bear Swim clraws brave Nomeites to the shores of the Bering Sea for a cluick dip into invigorating water with tem- peratures of around 35 clegrees Fahrenheit. Contestant Costume · Contest is held 15 minutes before swim. Call 443-2323. ." · 7 Alaska State Fair Spring Flea/Craft Market One of Southcentrars favorite flea markets and craft sales. Held from 10 a.m. to 5 13.m. at the Alaska State Fairgrounds' Raven Hall. Call 746-7168 or visit www. alaskastatefair, org. 1 2-1 5 Midsummer Festival Horse Show Held at the Alaska State Fairgrounds' France Equestrian Center. Call 376-6850. ¶ 3-¶ 5 Palmer Colony Days This festival honors the people who came to Palmer in 1935 to start a farming colony. Call 745-2880. 6.27 Sitka Summer Music Festival Festival events include concerts on Tuesclay and Friday evenings and one Saturday evening pedormance to be held on June 21. Visit www. sitkamus~cfestivat.org for more details. 1 1-21 Edward Albee Last Frontier Theatre Conference This nationally recognized conference offers a daily play lab, panels, workshops, evening entertainment and a Saturday Night Gala. Call 834-1612. 30-Aug. 31 Alaska's Oldest Fish Derby Catch the big halibut, and silver ancl pink salmon for great prizes. Call 835-2984. Fairbanks ~9071 450-2351 www. evertsair, com Interior Alaska Scheduled and Charter Tours Available Servin attyour · , '~ avtatton nee//s on the Kenai Peninsula 6 Building Strong Customer Service Held at the Mat-Su Job Center's resource room at 871 Commercial Dr. from 8:30 a.m. to 10:30 a.m. Sponsored by the Alaska Small Business Development Center. Call 373-7232 for · information and to pre-register. ~