Loading...
HomeMy WebLinkAbout2003-08-14 Airport Commission Packet KENAI AIRPORT COMMISSION AUGUST 14, 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 ao June 12, 2003 Special Meeting of July 8, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ao Kristine Schmidt -- Airport Noise ITEM 5: ao ITEM 6: OLD BUSINESS Discussion -- Off-Airport Car Rental Fees NEW BUSINESS ITEM 7: REPORT a. 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 bo Kenai City Council Meeting Action Agendas for June 18, July 2, 16, and August 6, 2003. 7 / 10/03 Airport Manager Monthly Report. 7/03 Kenai Municipal Airport Monthly Enplanement Report. 7/03 Float Plane Basin Activity Report. ITEM 11' ADJOURNMENT 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 Discussion-- Future Meetin§ Schedule Discussion -- Airport Noise Discussion -- Air Fair Wrap-Up ITEM 6: ITEM 7: ae NEW BUSINESS 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 a. 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 JUNE 12, 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. Commissioners Present: Commissioners Absent: Others Present: Bielefeld, Knackstedt, Versaw, Watkins, Haralson Councilwoman Jackman, Holloway, Van Zee Airport Manager Cronkhite, Department Assistant Harris ITEM 2: AGENDA APPROVAL Airport Manager Cronkhite requested the addition of the following items: * 6-a. Discussion: Proposed additional Commission meetings ~ 11-a. Information item: Comprehensive Plan The amended agenda was approved without objection. ITEM 3' APPROVAL OF MINUTES -- May 8, 2003 MOTION: Commissioner Haralson MOVED to approve the minutes and Commissioner Watkins SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion-- Future Meeting Schedule The Commission discussed the upcoming meeting schedule which allows the Airport Commission to meet every other month. Cronkhite explained additional meetings could be requested to be approved by Council. The Commission, in general, expressed displeasure with the new schedule, but stated trying this for several months would give a better idea of its feasibility. Christine Schmidt (Kenai)' Schmidt addressed the Commission and stated she is very opposed to cutting the meetings as it results in a significant loss of public access. Schmidt also stated that since a commission secretary is no longer employed and minutes are to be done by Airport staff, funds can't be the issue. Schmidt stated she is strongly in favor of maintaining monthly meetings. Bob Molloy: Molloy echoed Schmidt's sentiments and stated he is strongly in favor of maintaining monthly meetings. Cronkhite explained, because the Clerk's Office department assistant was laid-off, the paperwork would be completed solely by the City Clerk, With the position being cut, the workload had to be cut. Haralson inquired if the airport could pay the wages for keeping a minutes secretary to attend the meetings. Haralson stated the Kenai Airport is a business and, as such, requires continuous attention to meetings including public discussions. Cronkhite answered, the airport is also facing economic problems. Discussion -- Airport Noise The Commission reviewed the memo from City Attorney Graves regarding noise abatement and regulations requiring a noise survey prior to noise control. Cronkhite stated '150 studies' are normally conducted in areas with heavier traffic and the Comprehensive Plan does have updated noise contours as well as an overlay zone. Since Kenai doesn't qualify for a 150 study, the cost would be'approximately $250,000. Cronkhite also stated many noise complaints are actually low-flying aircraft complaints, which the FAA looks into. Versaw suggested providing signage in the Float Plane take-off area suggesting pilots mind the airspace over neighborhoods so as not to create e. xcessive noise. Christine Schmidt (Kenai)' Schmidt requested the Airport Commission and City staff continue to pursue' this issue and obtain information from other airports and areas with similar noise problems. Schmidt stated her home in Woodland has very loud aircraft passing overhead, and at times at very low altitudes. Schmidt stated she has been very proactive in trying to identify noise violators and has continuously tried to make complaints to the FAA and airport, but little to nothing has been done. Schmidt reiterated her desire for the city to obtain more information. Knackstedt stated aircraft are required by the tower to follow a prescribed flight pattern as they are in a controlled airspace. Often times, a pilot has no choice but to fly over neighborhoods. Bob Molloy (Kenai)' Molloy stated he thought the idea of providing signage requesting pilots to be mindful of the noise their aircraft produces is a good one. Additionally, he would simply like to request more information on noise abatements be obtained. AIRPORT COMMISSION MEETING JUNE 12, 2003 PAGE 2 The Commission concluded this issue will be dealt with by educating and reminding pilots to try to keep aircraft noise to a minimum. a-co Discussion -- Air Fair Wrap-Up Cronkhite reported the Air Fair was a great success with 48 participants and 25-30 aircraft. As advertising funds were focused on the aviator community, the event is gaming recognition. The Commission and Cronkhite stated Mary Bondurant did an great job on organizing the event. The follow-up meeting is scheduled for July 17, 2003; Commissioners will be kept informed of any new developments and information. 6-12: Discussion -- Request for Additional Meetings Cronkhite presented the Commission with information on a public hearing regarding the environmental assessment on July 8 at 6 p.m. MOTION: Commissioner Watldns MOVED to request Council approve the addition of the July 8 meeting and Commissioner Ha_raison SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORT 7-a. -Commission Chair-- No report 7-b. Airport Manager -- Cronkhite reported the following: · A new espresso bar has opened in the terminal. The espresso bar opens at 4:30 a.m. · The ADA compliant handicap lift has been installed and is working well. City Council Liaison -- No report. ITEM 8: COMMISSIONER COMMENTS AND (~UESTIONS Bielefeld: Bielefeld questioned the status of the runway pavement project and was informed the repairs have been made. Some additional assessments are being done for any other recommended repairs. Haralson- Haralson inquired about follow-up regarding aircraft vandalism. Cronkhite informed the Commission of grant-funded security cameras which will be installed in the near future. AIRPORT COMMISSION MEETING JUNE 12, 2003 PAGE 3 ITEM 9: PERSONS NOT SCHEDULED TO _RE HRARD -- None ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council MeetinE Action AEendas for May 21 and June 4, 2003. 10-b. Updated Membership List 10-c. May, 2003 Kenai Municipal Airport Enplanement Report and Float Plane Basin Activity '% 10-d. 6/2003 Alaska Business Monthly advertisement for Kenai Municipal Airport. ITEM 11' ADJOURNMENT The meeting adjourned at 8'55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant AIRPORT COMMISSION MEETING JUNE 12, 2003 PAGE 4 SPECIAL KENAI AIRPORT COMMISSION MEETING JULY 8, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2: ITEM 3: a. ITEM 4: CALL TO ORDER AND ROLL CALL AGENDA APPROVAL NEW BUSINESS Discussion -- Proposed Modifications to Gates, Fencing, Property Lines and Public Parking in the General Aviation Area at the Kenai Municipal Airport. ADJOURNMENT SPECIAL KENAI AIRPORT COMMISSION MEETING JULY 8, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER AND ROLL CAI, I, Chairman Knackstedt called the meeting to order at approximately 7:10 p.m. was confirmed as follows: The roll Present' Absent: Others Present: Bielefeld, Knackstedt, Versaw, Haralson, and Watkins Holloway and Van Zee Airport Manager Rebecca Cronkhite and Councilwoman Swarner ITEM 2: , ,, AGENDA APPROVAL MOTON: Commissioner Ha. raison MOVED for approval of the agenda as presented and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: NEW BUSINESS Discussion -- Proposed Modifications to Gates, Fencing, Property Lines and Public Parking in the General Aviation Area at the Kenai Municipal Airport. Phil Bryson of Wince-Corthell-Bryson distributed draft drawings of proposed modifications and explained the proposed gates. The Commission also discussed possible changes to the General Aviation area to create public parking, security, and better access to aviation businesses. The Commission questioned the willingness of Soar International to give up property for parking and requested the issue be included on the next regular meeting agenda. MOTION: Commissioner Ha_raison MOVED to recommend drawings 3 of 6 and 6 of 6 be redrawn as discussed after Bryson consults with lessees and return the issue to the Commission for discussion. Commissioner Watkins SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ADJOURNMENT i- MOTION: Commissioner Haralson MOVED for adjournment and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:27 p.m. Meeting Summary prepared by' Carol L. Freas, City Clerk AIRPORT COMMISSION SPECIAL MEETING SUMMARY JULY 8, 2003 PAGE 2 nal Municipal Airport 305N. WIM.OWST. SUITE2(X) KENN, N.A~KA 99611 ;iq. lONE 907~~1 FAX 907.283-3737 Memo To' From' Airport Commission Rebecca Cronkhite- Airport Manager~"~ Date: August 7, 2003 Subject: Off-Airport Car Rental Fees The City Council has requested Airport Commission and Administration take another look at the subject of Off-Airport Car Rental Fees. Background information including Council and Airport Commission minutes are attached for your information. Does the Airport Commission wish to make a recommendation to Council on the adoption of language to implement Off-Airport Car Rental Fees in Kenai? www.ci.kenai.ak.us. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: DATE' Rt Mayor John J. Williams and City Council Members Cary R. Graves, City Attorney December 13, 2002 Rental Car Fees and Taxes The Council requested I prepare two ordinances for discussion. One was to be for an off-airport rental car fee and the other for a citywide rental car tax. Both are attached to this memorandum. Off-airport rental car gross receipts fees have long been the subjects of controversy (and litigation) nationwide. The general role is that they are fees (not taxes) and a valid method for an airport to preserve revenue, narrow the competitive gap between off-airport and on-airport companies, and fund airport construction and operation. Jacksonville Port Authori~. v. Alamo Rent-A-Car, Inc., 600 So.2d 1159 (Fla. App. 1~t Dist. 1992); Alamo Rent-A-Car, Inc. v. City of Palm Spring, 942 F.2d 629 (9th Cir 1991). While such fees are legal, it is obviously a policy call for the Council on whether to implement such a fee. To charge an off-airport rental car fee, there must be a direct connection (nexus) between the airport and the transaction. For example, in the draft off-airport fee ordinance, the rental car customer or rental car must be picked up or dropped off at the airport by the rental car company for the fee to apply. Revenue from transactions subject to an off-airport rental car fee (i.e. with a nexus) would go to the airport, off-airport rental transactions not directly connected to the airport (i.e. without a nexus) would not be subject to the fee. The on-airport rental car companies pay $1.65 per square foot of space and 10% of gross revenue to the City. The 10% gross revenue fee is a significant portion of the Airport Terminal Fund. The budgeted fund revenue for FY2003 was $379,900. Of that, $150,000 (about 40%) came from the 10% gross revenue charge. Airport Terminal Fund expenses are estimated to be $469,182. Retained eamings of $39,292 had to be used to balance the fund budget for FY2003. My understanding is that the retained earnings contribution is expected to go up in the future. Mr. Semmens can give you a more in-depth analysis of the Airport Terminal Fund. Mayor John J. Williams and City Council Members December 13, 2002 Page 2 of 2 Many airports, such as Phoenix and Missoula, charge an on-airport gross receipts fee of 10% and an off-airport fee of 7% to reflect the fact that while off-airport companies derive a benefit from their airport use, it is less than that derived by on-airport rental car companies. II. Also included at the Council's request is a citywide rental car tax. That tax would cover any vehicle rental within the City of Kenai. Its proceeds would go to the general fund. Like the bed tax Kenai used to have, it would be implemented and enforced by the City of Kenai rather than the Kenai Peninsula Borough. Since 10% of the gross receipts for on-airport car rentals equal about $150,000, I am assuming gross receipts for all on-airport rental car receipts are about $1,500,000. I don't have an estimate for other gross rental vehicle receipts within the City. Using those numbers, 5% citywide rental car tax would generate about $75,000 per annum for the general fund ($1,500,000 x .05 = $75,000) plus 5% of whatever would be generated from other vehicle rentals within the City. The 5% number has no special significance; it is just for illustrative purposes. Please let me know if you have any questions regarding these issue. CRG/sp Attachments Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, ADOPTING KMC 21.05.045, ESTABLISHING AN OFF-AIRPORT VEHICLE PERMIT SYSTEM PROVIDING THAT OFF-AIRPORT VEHICLE RENTAL OPERATORS SHALL BE REQUI~D TO ACQUIRE A PERMIT AND PAY A FEE OF TEN PERCENT FROM RENTALS WHERE THE RENTER OR RENTAL VEHICLE IS PICKED UP OR DROPPED OFF AT THE KEN~ MUNICIPAL AIRPORT BY THE VEHICLE RENTAL BUSINESS OR ITS AGENT. WHEREAS, City of Kenai is the owner and operator of the Kenai Municipal Airport ('Airport") under the authority of the Kenai City Charter and the statutes of the State of Alaska; and WHEREAS, the Airport is financed and managed under policies and practices designed to ensure that it is and will continue to be self-supporting and will not require the expenditure of local tax funds; and WHEREAS, off-airport rental companies are benefiting from the use of the Airport but are not paying a significant and fair share of the costs and expenses of operating the airport; and WHEREAS, off-airport rental vehicle companies do not contribute fees toward the cost of the Airport to an extent equal of the value of the privileges they enjoy or the facilities they use or benefit from; and WHEREAS, at many airports throughout the nation off-airport vehicle rental companies are required to and are paying a percentage of gross revenue fees for the fight to conduct airport operations, and the City desires to pattern such fees at the Airport in the same manner; and WHEREAS, for purposes of establishing and fixing fees, the City finds that rental vehicle companies, including off-airport companies, constitute a specific class of business operations dependent on the use of Airport property; and WHEREAS, it is necessary, appropriate and reasonable to establish and fix appropriate fees for off-airport rental vehicle companies to preserve and maximize rental revenues; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 21.05.045 is adopted to read as follows: KMC 21.05.045 Off-airport Vehicle Rentals (a) (c) (d) (e) (0 To operate an off-airport vehicle rental business on the Kenai Mumcipal Airport, a person who does not have a concession to operate a vehicle rental business in an airport terminal building must hold a current vehicle rental business permit issued under this section. Operating a vehicle rental business on the Kenai Municipal Airport for purposes of this section means pictdng up or dropping off a vehicle rental customer by the operator or its agent or leaving a vehicle to be picked up by the customer at the airport or having the customer leave a vehicle at the airport to be picked up by the operator. A person must submit an application for a vehicle rental business permit in writing to the Airport Manager and include a description of the services that the apphcant proposes to offer under this permit. The Airport Manager shall approve an application for a vehicle rental business permit unless the Airport Manager determines that (1) The proposed use would interfere with or is incompatible with the safety, maintenance or operation of the airport; (2) The proposed use would result in a violation of applicable law or regulation; (3) The proposed use is inconsistent with sound airport planning. A decision by the Airport Manager to deny an application for a vehicle rental business permit must be in writing. The decision shall state the grounds for a denial. A decision to deny a permit may be appealed to the city council by filing an appeal with the city clerk within thirty days of written notification of the decision. KMC 14.20.290 shall govern the procedure of the appeal. A vehicle rental business permit is not transferable and may not exceed five years. An off-airport business permittee shall pay ten percent of gross sales from rentals derived from the Kenai Mumcipal Airport. Rentals shall be deemed to have been derived from the Kenai Municipal Airport if the vehicle rental business customer is picked up or dropped off at the airport by the permittee or the permittee's agent or ff the rental vehicle is left for the customer to pick up at the airport or dropped off by the customer at the airport. Gross rentals shall mean the value of all charges incurred by the renter, other than the fee prescribed by this section, for the use of a motor vehicle, regardless of whether paid in the form of money, property, or services, except for only the following items if separately stated on the rental contract: Ordinance No. December !2, 2002 Page 3 of 4 -2O03 (1) The amount of federal, state borough or municipals sales or other similar taxes separately stated and collected and/or reimbursed from customers. (2) Any sums received from insurance or other settlements for damage to automobiles or other property of the concessionaire, or any charges collected from a customer for damages to the vehicle rented. (3) Any sums received for loss damage waiver insurance (4) Replacement fuel charges. (h) A vehicle business rental permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as provided for on airport rental vehicle concession holders. (i) A vehicle rental business permittee may park, wait and drop off or pick up a passenger only at premises or in an area the Airport Manager has designated for that purpose. (j) A vehicle rental business permittee may cancel a permit and cease operations at the airport any time on written notice to the Airport Manager. (k) Cancellation of a vehicle rental business permit by the Airport Manager must be in writing and state the reasons for the cancellation. Reasons for cancellation are: 1) if the Operator should breach or fail to perform any of the terms, covenants, or conditions of this section or any regulations adopted relating to this section; 2) if the Operator should default in or fail to make payments at the times and in the amounts required under this section or any regulations adopted relating to this section; 3) If the Operator should fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Alaska or the City of Kenai. A permittee may appeal a cancellation to the City Council by filing a written notice of appeal to the City Clerk within thirty days notification of cancellation. KMC 14.20.290 shall govern the procedure of such an appeal. (1) The City Manager may, pursuant to KMC 21.05.030, establish rules, regulations and permit conditions regarding an off-airport vehicle business permit. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2003. · DRAFT John J. Williams, Mayor Suggested by: Council CITY OF KENAI ORDINANCE NO. -2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A RENT~ CAR TAX OF 10% WITHIN THE CITY OF KENAI. WHEREAS, the city of Kenai currently does not have a rental car tax; and WHEREAS, a rental car tax would provide needed revenue to the general fund of the city of Kenai; and WHEREAS, many communities in Alaska and other states impose a rental car tax to help fund operations; and WHEREAS, Title 29 of the Alaska statutes authorizes home rule municipalities to impose a rental car tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.40 entitled Rental Car Tax is adopted as shown in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2003. DRAFT jOhn d. Williams, Mayor day of ATTEST: Ca. rol L. Freas, City Clerk (12/12/02 sp) Introduced: Adopted' Effective' 7.40 Rental Car Tax 7.40.010 Short title. This chapter may be cited as the "Kenai Rental Car Tax." ordinance. 7.40.020 Use of funds. All moneys accumulated under the terms of this chapter shall be deposited by the Finance Director in the general fund of the City of Kenai. 7.40.030 Levy of charge. A consumer's rental car tax of 10% is levied on rental sales of motorized passenger vehicles made in the City. Normally the burden of this charge rests upon the consumer. "Rental sales" means the value of all charges incurred by the renter, other than the tax prescribed by this chapter, for the use of a motor vehicle, regardless of whether paid in the form of money, property, or services, except for only the following items if separately stated on the rental contract or other document invoicing payment: a. Fees from the sale of automobile liability insurance, loss damage waiver insurance, and personal accident insurance; b. Parking tickets; c. The amount of any sales tax, so-called "luxury tax," consumer excise tax, sales tax, or other similar tax imposed by the United States, the State of Alaska, or the Municipality; d. Payments received by the rental agency from the renter or the renter's insurance provided for damage to a motor vehicle when the damage was incurred during the rental period; e. Personal property other than items that are permanently affixed to the motor vehicle. Personal property does not include pickup truck shells or campers mounted on the motor vehicle, or trailers designed, constructed, or used primarily for dwelling; f. Fueling charges. 7.40.040 Tax exemptions. a. The following motor vehicle transactions are exempt from the tax levied by KMC 7.40: 1. Fees and costs paid directly by the United States or State of Alaska or political subdivisions of the State of Alaska insofar as they are immune from taxation; or 2. Fees and costs paid for the rental or lease of a motor vehicle subsequent to the first 30 consecutive days under a single contract; or 3. Fees and costs paid for the rental or lease of a motor vehicle under any financing lease, including direct financing leases and sales-type leases. b. A fight of reimbursement to the person renting the motor vehicle from the person or entity entitled to the exemption does not constitute a direct payment. Ordinance -2003 Attachment A Page 1 of 5 Co Fees and costs received by a person who rents or leases a motor vehicle to a rental agency for re-rent or re-lease by the rental agency for re-rent or re-lease by the rental agency are exempt from the tax levied by KMC 7.40. 7.40.050 Form of return. On forms furnished by the City, the seller shall furnish the following information, sign the form and certify that it correctly stated the information purportedly set forth: a. Total rentals; ~- b. A substantiation of sales exempt from the charge by virtue of KMC 7.40.030. c. The mount of the rental car tax due; d. Such other information as may be reasonably required; e. Rental car tax forms and their contents shall be confidential and shall not be disclosed by the finance department except: 1. In connection with efforts by the municipality to collect the charge; 2. In response to a subpoena issued by a court of record, state agency or board; 3. In connection with legislative inquiry specifically authorized by the Council; 4. In connection with municipal audits for the purposes of verifying municipal accounting practices; 5. In compilation of statistics and studies by the finance department for public distribution, so long as information from individual businesses is not identifiable as to source. 7.40.060 Registration of rental agencies., a. Each rental car agency conducting business with the City of Kenai shall register with the Finance Director on a form provided by the department not later than thirty (30) days after the effective date of this ordinance. A rental agency commencing operations after the above date shall register with the Finance Director on a form provided by the department before such rental agency rents or leases a motor vehicle. b. A rental agency engaging in business at more than one location within the municipality shall list each location on their registration application. c. A registration application shall contain the rental agency's: 1. Registered and business name; 2. Physical addresses and locations at which it conducts business; 3. Mailing address; 4. Registered address; 5. Form of business organization and Alaska business license number; 6. All motor vehicles owned or controlled by the rental agency as of the date the registration application is filed, including all motor vehicles for which the rental agency has entered into a contractual arrangement, written or oral, to acquire the vehicles but has not yet taken physical control of the motor vehicle; and 7. Such other information as the department may require. Upon receipt of a properly completed application, the Finance Director shall, without charge, issue a certificate of registration to the rental agency. A rental agency shall prominently display its certificate of registration to its customers. de Ordinance -2003 Attachment A Page 2 of 5 If any of the information required by subsections (c)(1) through (c)(5) of this section changes, the certificate of registration shall automatically expire and, within ten (10) days thereailer, shall be surrendered along with all copies thereof, to the Finance Director for cancellation and issuance of a new certificate. 7.40.070 Procedures on delinquencies. b. Penalty and Interest. 1. If the seller does not file the proper forms and remit the rental car tax then due on the dates designated above, a penalty equal to five percent of the delinquent tax, but in no event less than twenty-five dollars ($25.00), shall be added to the charges for the first month or any pan thereof, and an additional five percent shall be added to the charges due for each month or fraction thereof for delinquency until a total penalty of'fifteen (15) percent has accrued. It shall be assessed and collected in the same manner as the charges as assessed and collected. 2. In addition to the penalty provided in subdivision 1 of this subsection, interest at the rate of ten percent (10%) per year on the delinquent charges from the date of delinquency until paid shall accrue and be collected in the same manner as the delinquent charges are collected. Written demand and additional procedures. If a seller fails to file the return or make the remittance in accordance with KMC 7.40, the Finance Director shall make written demand upon the seller, mailed to their last known address, for submission of the return and/or remittance. In the event of noncompliance with the demand, the Finance Director may do any or all of the following procedures: 1. Violation. File a complaint against the seller in the district court for violation of KMC 7.40 with penalties upon conviction not to exceed a five hundred dollar ($500) fine; and 2. Civil Action. Make a rental car tax assessment against the seller, with the assessment based upon an estimate of the gross revenue received by the seller during the period and institute civil action to recover the amount of the assessment plus any penalties, interest, costs and attorney's fees. The estimate of gross revenue shall be derived fi'om past returns of the seller, the general economic level of the business community and, if available, returns of comparable businesses. 7.40.080 Period of Limitation. The amount of any charges imposed under this chapter may be determined and assessed at any time within a period of three years after the tax became due and payable. The period shall begin on the date when a return is required to be filed. Where no remm has been filed, then the period does not begin to mn until the discovery of the delinquency occurs. No suit or other proceedings for the collection of the charges shall be begun after the expiration of the period. 7.40.090 Rules and regulations. The Finance Director shall from time to time cause to be promulgated roles and regulations as are necessary and advisable to provide for the application and interpretation of this chapter and to submit them to the Council for its adoption or rejection, and to cause to be provided methods Ordinance -2003 Attachment A Page 3 of 5 and forms for reporting and collecting the charges in accordance with this chapter and regulations. 7.40.100 Record keeping. A seller shall retain for a period of three (3) years all of the rental car tax returns, repons, forms, records and supporting schedules as may be required by the City. 7.40.10 Addition and identification of tax. A seller shall add the amount of the rental car tax levied in KMC 7.40 to the selling price. The charge shall be stated separately on any sales receipt or slips, rent receipts, charge tickets, invoices, statements of account, or other tangible evidence of sale. The rental car tax(s) are exempt from the City sales tax provisions. 7.40.120 Rental car tax audits. a. Any seller who has established a rental car tax account with the City, who is required to collect and remit the rental car tax, or who is required to submit a rental car tax return under the provisions of KMC 7.40 is subject to a discretionary rental car tax audit at any time. The purpose of such an audit is to examine the business'records of the seller in order to determine whether appropriate mounts of rental car tax revenue have been collected by the seller and remitted to the municipality. b. The Finance Director shall be responsible for directing that rental car tax audits take place and for selecting the particular sellers whose business records will be audited. c. Rental car tax audits of seller's business records may be accomplished by either an employee of the City of Kenai Finance Department or by an individual or firm under contract with the municipality. d. Sellers selected for a rental car tax audit will be notified by letter and will be required to meet with, and make available for inspection and copying all pertinent business records including income tax returns that may be required for the prior three fiscal years for examination, to the finance department employee, or contractor conducting the audit, within thirty (30) days of notification. Under extenuating circumstances, the Finance Director may grant an extension of time for compliance at the director's discretion. e. After completion of a rental car tax audit, sellers subject to the audit will be notified of the results of the audit by certified letter. If the audit has resulted in an additional rental car tax to the municipality, the additional rental car tax must be remitted to the municipality within fourteen (14) days after the receipt of the letter, or the additional rental car tax will be considered delinquent and subject to the procedures on delinquencies outlined in KMC 7.40. If the audit has resulted in a refund due the seller, the refund will be made to the seller within fourteen (14) days, or applied to the seller's account, at the seller's option. It shall be the seller's responsibility to maintain business records in sufficient detail to substantiate all information reported on the rental car tax returns, including rentals qualifying as exempt fi'om the levy under the provisions of KMC 7.40. If insufficient detail exists within a seller's business records to substantiate the rental exemption, such rents may be Ordinance -2003 Attachment A Page 4 of 5 reclassified as taxable at the auditor's discretion and subject to the rental car tax collection and remittance. g. Any seller notified of an additional rental car tax liability as a result of a rental car tax audit shall have the right to appeal the additional liability to the Council. Such an appeal must be filed with the municipal clerk within thirty (30) days of notification by letter of the liability. If an additional liability is appealed, the accumulation of penalties and interest under the provisions of KMC 7.40 will be suspended on the date the appeal is filed with the municipal; if the appeal is Subsequently denied by the Council, all such penalties and interest will be retroactive back to the original date of notification of additional liability bY letter. h. Any seller refusing to comply with the provisions of this section shall be subject to any or all of the procedures on delinquencies as outlined in KMC 7.40, including the filing of a complaint against the seller in District Court. ' Ordinance -2003 Attachment A Page 5 of 5 ~_ OCTOBER 10, KENAI ~TY COUNC~-/-~ 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. confn'med as follows: Roll was taken and Present: Knackstedt, Bielefeld, Kleidon, Van Zee, Holloway, Haralson, Watkins Others Present: Councilwoman Jackman, Airport Manager Cronkhite, Department Assistant Harris Public' Pat Porter ITEM 2: AGENDA APPROVAL MOTION: Commissioner Kleidon MOVED to approve the agenda as presented and Commissioner Holloway SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: , , APPROVAL OF MINUTES -- September 12, 2002 MOTION: Commissioner Holloway MOVED to approve the minutes as presented and Commissioner Van Zee SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None M 5' OLD BUSINESS · Discussion -- Off-Airport Car Rentals Airport Manager Cronkhite asked the Commissioners to review the enclosed information on state regulations regarding off-airport car rental agencies. Cronkhite stated the airport currently charges on-site car rental agencies ten percent (10%) of their gross income as an 'airport concession fee'; plus $1.65 per square foot of office rental space. This tax applies to passengers who have arrived on an airplane and walk-ins, alike. ! , Cronkhite contacted the Spokane International Airport regarding off-airport car rental operators and was informed Spokane charges ten percent of the monthly gross revenues payable by the tenth of each month with an additional .50-cent fee accessed per trip to the airport. Commissioner Van Zee addressed the following: · Informed the Commission that according to his contract with the City of Kenai, he is required to pay ten percent of his gross income on car rentals or risk being in violation. This, he stated, creates an unfair atmosphere as off-site agencies utilize the airport and its parking lot by using it for drop-offs and/or pick-up's; without paying the ten percent airport concessions fee. · His lease allows four rental car agencies to conduct business at the airport. This, in essence, is being violated as the off-airport rental agencies are utiliz~g the airport. The Commissioners agreed a code revision could be in order to rectify this problem and requested the following: · Recommend a draft ordinance/amendment tO the code to begin taxing ten percent (10%) of the gross revenue from off-airport car rental operators. · Set a public hearing for Soldotna and Kenai area car rental businesses to review and discuss the proposed code change. 5-b. Discussion -- Airplane Taxes (Dave Wartinbee) Cronkhite stated Wartinbee could not be in attendance due to a work conflict. She provided copies of the two letters submitted by Wartinbee who requested his comments be made a part of the meeting. The Commissioners read and reviewed the letters submitted and commented on the following: · Cronkhite stated she would provide Wartmbee with the information compiled by Finance Director Semmens and from the inquiry and poll taken at the request of the Commission several months ago. · The Commission discussed various differences in methods of taxation for boats, cars, airplanes and other personal property tax issues. · Several Commissioners opined that if the tax is eliminated more business would be generated by overall business moving in; the result of this trickle down effect Could eventually make up the loss of taxation revenues. Pat Porter- 310 Rogers Road: Porter briefly addressed the Commission and suggested they reaffirm an earlier motion to request looking into the notion of a flat tax and/or exemptions. KENAI AIRPORT COMMISSION OCTOBER 10, 2002 PAGE 2 i i '~COUNCIL ME~N--~G Swarner stated she felt this should be the next street to be paved but she didn't want to get residents' hopes up if funding is not available. Williams stated he wanted all of the resolutions to include the same wording, i.e. that the final project is contingent upon receiving state funding. Williams also noted he would insist all right-of-ways be finahzed and all owners of properties with right-of-way issues be informed that parts of their properties will be replatted, etc. Komelis noted, he had included additional funding in his budget for right-of-way dedication, etc. Council also indicated their preference the resolution for the public hearing be held as long as allowable to be closer to the date when it will be known the amount of funding to be received from the Legislature. MOTION: Councilman Bannock MOVED to direct administration to continue as outlined in the memorandum (included in the packet) and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. I-6. Discussion -- Rental Car Fees and Taxes Councilman Bannock requested to step down from the dais to speak to the issue and permission was granted. Duane Bannock~ Kenai Chrysler Center -- Bannock referred to the City Attorney memorandum included in the packet, along with two proposed ordinances; one for an off-airport rental car fee and one for a cityw/de rental car tax. Bannock noted his comments were in regard to an off-airport rental car tax. He stated, it was his opinion this issue came to the council at this time due to non-truth. Bannock explained, the "Great Alaska Car Company," is an off-airport car rental company and is a division of the Kenai Chrysler Center and does lots of business in Kenai Peninsula, Anchorage, Homer, Seward and Juneau. Information brought to the Commission indicated the on-airport vendors pay tax on rentals and the off-airport companies do not. He added, the on-airport companies have a lease agreement with the city which stipulates their rent is based on $1.65/sq. ft. for booth space and ten percent of the gross revenues in rentals. He added, he believed there was a dramatic difference between rent and fee. Bannock continued by noting the Airport Commission has been led to believe this is an unfair fee that is charged to the concessionaires {on-site car rental companies} and he believed it is not a fee, but a rent and it is paid from the profits. He added, the A/rport Manager has suggested new sources of revenue source need to be found and they were identified as a parking lot fee {the Manager's recommendation was to not do anything with the parking fees because enplanements are down due to ERA Aviation's rates and that travelers may decide not to use the airlines and drive if additional costs KENAI CITY COUNCIL MEETING DECEMBER 18, 2002 PAGE 12 are required) and off-airport car rental fees because they use the parking lot for storing cars, using the facility for free and taking revenue from the people paying rent. Bannock distributed a rental receipt from Hertz and noted, they were not paying rent, but charging their rent to the client. He suggested other businesses, i.e. hotels, taxicabs, etc. might want to charge a similar fee to recoup their costs. Williams stated, in the traditional sense of the word, rent is something you pay for the use of a space, i.e. office, storefront, etc. The city rents a square foot area to a car rental company. He added, he differed with Bannock's comment the airport concession fee is rent because rent, in a traditional sense, drawn from the gross revenues, is not rent for a traditional space, i.e. square foot, storefront, etc., it is a fee being charged against the gross revenue of the car rental. Williams continued, he also believed administration understands what the airport concession fee is as being stated as the ten percent of gross rent. Attorney Graves explained, the terminology in the lease agreement is used interchangeably at various points. However, one section refers to it as rent. He referred to the concession agreement and noted paragraph 2 talks about the ten percent fee; paragraph 1 speaks of the $1.65/sq. ft.; and paragraph 3 states, "...in addition to the rent specified above, lessee agrees to pay ~'." He added, though the terminology is lose, he and the Finance Director historically consider it to be a rental package. Finance Director Semmens agreed and added, he believed the ten percent clearly, under the lease, is part of the rent. He noted, it is another method of paying rent. Bannock stated the suggestion that it is unfair to the on-site concessionaires to pay the fee is wrong. Porter stated she felt it was a fee the council is charging a person who is renting a car and the money would come back to the city. Swarner asked how and what facilities the Great Alaska Car Company uses at the airport. Bannock answered, the parking lot (leaving a car in the no-fee parking lot for a renter) and the renter dropping the car off in the parking lot when leaving on a flight from the city. He added, there are times the cars are not picked up and are left in the parking lot and should be towed. Porter asked if the cars are ever towed and Bannock answered, not since 1997. Porter noted, if the city can't enforce the towing of vehicles, how could the off-airport car rental businesses be tracked. Williams noted, the memorandum indicated the fee would be collected by the city because the borough would not collect it. Bannock stated, his company was taking advantage of the free public parking lot. He added, forget about free and suggested the city initiate a pay parking lot so if he wants to leave a car there he pays. Williams noted, the parking lot clearing was begun in order to plow the parking lot in the winter. KENAI CITY COUNCIL MEETING DECEMBER 18, 2002 PAGE 13 Councilman Moore asked how his customers get the keys to the vehicle that is left in the parking lot, i.e. is he using the airport to tranSfer keys to the vehicle. Bannock answered, on occasion they use the employees at ERA for key exchange. He added, the airport is not giving anything up for him to be able to do what he does. Moore asked where the rental paperwork is signed, etc. and Bannock noted, they use credit cards and e-commerce. Williams noted, it is a policy call for the council whether to implement a fee. Porter stated she didn't think she could support the ordinance because of the enforcement of it. She added, she didn't think the airport is big enough to deal with it. Bannock noted in the last Airport Commission meeting, the Commission understood the issue would now go to the council. Acting Airport Manager Bondurant noted, the Commission would be discussing the ordinance at their next meeting. Bannock added, the Commission thinks they are recommending Option I. Swarner asked how many other rental car companies is he aware of that operate on the Peninsula and Bannock answered, he was not sure. Williams suggested finding out if there are other off-airport car rental companies using the airport and how difficult it would be to enforce the ordinance. He added, he believed the Commission should discuss it further as well as they had not seen the ordinance draft. Porter stated she was bothered by the airport concession fee on the Hertz receipt. She noted, it was the presentation of the wording. Williams noted it is not the city's responsibility to dictate how the individual companies identify charges in their billings. He added, it is a method Hertz Rent-a-Car uses to track the costs on behalf of the customer. Bannock questioned what the gross amount is on the billing and what amount was due to the city. Williams directed the issue return back to the Airport Commission for further discussion and the City Attorney examine the contracts to see if wording changes are needed and allow administration to discuss the interpretation and decide whether they are agreeable to the funding as it applies. Swarner noted the receipt does not refer to an ACF (airport concession fee). Bannock noted, that is the Commission's concern' the on-airport concessionaires pay it and his company does not. Bannock suggested the wording be revenue enhancement. He added, there are no costs going up associated with off-airport rental car parking and it is free money. Porter asked if there are other companies billing for an airport concession fee and Williams stated he believed the concessionaires should have broad discretion of what they want to call it as one company may be called something else by another company. He noted, this company is using that wording to define that charge and it could be defined differently by another company. KENAI CITY COUNCIL MEETING DECEMBER 18, 2002 PAGE 14 Graves added, he and Snow discussed including language of how fees can be represented on billings and how they are charged, and will be discussing it further when the lease agreements come up for renewal. Porter asked if an addendum can be added to the lease if it is an issue and Graves answered, an addendum is a modification to their contract and requires their consent. He added, there is an issue of whether they have been paying the proper gross and Semmens is investigating it. Moore stated he would concede the ten percent is part of the rent. Williams noted, it is a payment in lieu of rent based on the special area in which the service is being rendered, i.e. the airport. Bannock noted, his company is not afforded parking spaces. He added, the advantage of conducting business from the airport are physical presence, space, parking space by the back door and parking lot spaces. Williams suggested, they could rent parking spaces at the rental car parking lot. Bannock noted, discussion at the Commission meeting indicated they could rent a long-term parking permit, however the Airport Manager didn't feel they would ask for that. Williams asked if there is area in the rental parking lot to rent spaces and Bondurant answered yes. Williams asked Bannock why they haven't asked to rent spaces in the rental car parking lot and Bannock answered he didn't think it was consistent with the Airport Master Plan. Williams noted, the Master Plan could be amended. Bannock stated he would love to parking lot spaces at the airport. Williams asked if Bannock has approached the Airport Manager to this regard and Bannock stated it had not been a necessity. Bondurant noted, the concessionaires are given 15 spaces with their agreement and can make arrangements to rent additional spaces. Williams stated the city would rent Bannock spaces for ten percent of their gross and Bannock stated it wasn't necessary as he could park for free at this time. Williams noted the council could direct that no rental car company park in the free parking lot and only in the rental car parking lot and be charged ten percent of their gross. Bannock stated he is willing to do that. Porter noted, the city is not dealing with only the Great Alaska Car Company and should make the decision on the problem on what's good for the airport and the easiest to enforce without adding personnel. Williams noted the issue would be returned to administration and the Commission. ITEM J: REPORT OF THE MAYOR -- Mayor Williams reported the following: · Councilwoman Jackman was attending the dental clinic meeting at the Borough building and was not in attendance at the council meeting. · Will meet with Senator Stevens on December 28. · Sent a letter to Governor Murkowski requesting him to strongly consider the appointment of Mead Treadwell as his replacement to the U.S. Senate. nal Municipal Airport Memo To' From: Date: Subject: Airport Commission Rebecca Cronkhite, Airport Manager October 3, 2002 Off Airport Car Rentals Attached are the State regulations for vehicle rental businesses. Also a reply from The Spokane airport on their policy for off airport rentals agencies. www.ci.kenai.al~us. r%ll~¢ I o[ I From: To: Sent: Subject: "Judy Gifforcl" <jgifforcl@spol(aneaimorts.ne~> < mbonaura nt(~ci, kenai, at(. us> Thursctay, August 29. 2002 10:55 AM Off-Airport Rental Car Operators Good morning. Todd passed your emait on to me. At Spokane International we have one off airport rental car agency. We eet 10% of their monthly gross revenues payable by the lOth of each month. Additionally, there is a t;0.50 fee accessed per ~p to the airport. Please don't hesitate to call if you have any fitn~er questions, hank you. Judv G iff ord Properties & Contracts Manaeer 509455-64 i 5 8/29~2002 ,17 AAC,42.100. Vehicle Rental Business Permit , Page 1 of 3 Made available by Touct~ N' Go Systems. Inc., and the Law Offices of James B. Gottstein. You can also go to The Alaska Legal Resource Center or search the entire websitesearch. Touch N' Go,' the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how. AlasKa Administrative Cocle. Title 17. Transportation and Public Facilities Chapter 42. Ted Stevens Anchorage International Airport and Fairbanks International Airport Section 100. Vehicle Rental Business Permit previous: Section 95. Commercial Passenger Vehicle Permit next: Section 105. Business Activity Permit o. 17 AAC 42.100. Vehicle Rental Business Permit (a) To operate a vehicle rental business on an airport, a person who does not have a cone~ssion to operate a vet~icte rental business in a department-operated terminal bUilding must hold a current vehicle rental business permit issued under this section. (b) A person must submit an application for a vehicle rental business permit in writing to the airport manager and include (1) a list of vehicles that the applicant proposes to operate on the airport under the vehicle rental business; the list must include the year, make, model, license plate number and issuing state, and serial number for eacl~ vehicle; (2) a description of the services that the applicant proposes to offer under the permit; and (3) any application fee established under 17 AAC 42.125. (c) The airport manager shall approve an application for a vehicle rental business permit unless the manager determines that (1) approval must be denied under 17 AAC 42.010(g); http:fltouchngo, comllglcntrlakstatslAAClTitle 17/C hapter042/S ection 100. htm 10/3/02 (2) the proposed use would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport; (3) the proposed use would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport lan(I, or an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d); (4) the proposed use would result in a violation of applicable law;, or ($) the proposed use is inconsistent with sound airport planning. (d) A decision by the airport manager to deny an application for a vehicle rental business permit must be in writing. (e) A vehicle rental business permit is not transferable and may not exceed a term of five years. (f) A vehicle rental business permittee shall pay the applicable fee established under 17 AAC 42.125. (g) A vehicle rental business permittee shall provide such evidence of insurance coverage for the perm ittee's operations on the airport as ~e airport manager determines appropriat~ under 17 AAC 42.410(b) (15), considering the number and type of vehicles covered by the permit and the services the perm ittee proposes to provide. .. (h) A vehicle rental business permittee may not use or operate a vehicle on the airport in conjunction with a vehicle rental business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 17 AAC 42.125, obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the vehicle information required under (b)(1) of this section for that calendar year. A permittee shall maintain conspicuously affixed to each vehicle the current year's identification that the manager has issued for that vehicle. (i) A vehicle rental business permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle the manager determines to be unsafe or otherwise in violation of this section. (j) A vehicle rental business permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area the airport manager has designated for that purpose. (k) A vehicle rental business permittee may cancel a permit and cease operations at the airport at any time on written noti~ to the airport manager. (I) The airport manager shall, after written notice to the permittee, cancel a vehicle rental business permit and invalidate all vehicle identification issued to the permittee if the manager http:fltouchngo, comtlglcntrlakstatslAACiTitle 17/C hapterO42/S ection 100. htm 10/3/02 ,17 AAO 42.100. Vehicle Rental Bus~ness Permit Page 3 of 3 determines that the permittee (1) is not in compliance with the vehicle rental business permit and has not corrected the noncompliance within 10 days after receipt of the notice; or (2) has ceasecl vehicle rental operations on the airport. (m) Cancellation of a vehicle rental business permit by the airport manager must be in writing ancl state the reasons for the cancellation. (n) An applicant or permittee may protest the airport manager's decision to deny an application or cancel a vehicle rental business permit in accordance with 17 AAC 42.910. Authority' AS 02.15.020 AS 02.15.060 AS 02.15.090 AS O2.15.220 .. AS O2.15.230 AS 37.15.470 AS 37.15.540 Note to HTML Version- The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Toucl~ N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This vemion of the Alaska Administrative Code is current through July, 2002. If it is critical that the precise terms of the Alaska Administrative Cocle be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at touchngo~touchngo, com. We hope you find this information useful. Last modified 8/24/2002 http ://touch n go. comllglcntrlakstatslAAClTitle 17/C hapter042/S ection 100. htm 10/3/02 AGENDA KEN~ CITY COUNCrL- ~ULAR MEETn~G JUNE 18, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ ht.~p-//www, ci.ken'ai.ek.us 5:00 p.m. WORK SESSION: Kenai Convention 6s Visitor's Bureau Board and Kenai City Council. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items hated w/th an asterisk {*) are considered to be rout/ne and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATOI~ A~ COUNCrr_-_= ITEM D' PUBLIC HEARINGS . . Resolution No. 2003-34 -- Awarding Jan/tonal Contracts for the City Administration Building and the Kenai Visitors and Cultural Center to Commercial Jamtonal Services for the Period July 1, 2003 Through June 30, 2004. Resolution No. 2003-35 -- A Resolution of the Council of the City of Kenai, Alaska relating to the USA Patr/ot Act, the Bill of Rights, the Constitution of the State of Alaska, and the Civil Liberties, Peace, and Secur/ty of the citizens of our country. Resolution No. 2003-36 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Parnell Operation & Maintenance for the Period of July 1, 2003 to June 30, 2004. ITEM E: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 6. Council on Aging Airport Commission Harbor Commission Library Corn_mission Parks & Recreation Commission Planning & Zoning Commission , Miscellaneous Commissions and Committees a. Beautificat/on Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUTES , *Regular Meeting of June 4, 2003. ITEM G: COI~tESPONDENCE ITEM H: ITEM I: OLD BUSINESS Dl~cu~ion-- Dust Control Comparison NN~ BUSINF, SS  ~--~.~~1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders $2,500 Exceeding -~//~/0F4. ~ Discussion -- Schedule City Clerk, Attorney and Manager Evaluations ITEM J: REPORT OF THE MAYOR 1. Memo from AML regarding Revenue Sharing and Safe Communities programs and FY04 Mumcipal Capital Matching Grants program. 2. Memo from Governor Murkowski regarding FY04 Operating and Capital budgets. 3. Memo from Dena'ma Health Clinic regarding their support of Ordinance No. 1998-2003 regulating smoking in eating establishments. ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ~CUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL- REGULAR MEETING JULY 2, 0.003 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) . Ann Evans, Central Peninsula Health Centers, Inc. -- Update on Aspen Dental Center. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND_ COUNCILS ITEM D- PUBLIC HEARINGS . Ordinance No. 2008-2003 -- Amending KMC 1.80.010 to Adjust the Salaries of the Mayor and Council Members. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption Resolution No. 2003-37-- Awarding the Bid to Alaska Roadbuilders, Inc. for Kenai Skateboard Park Paving - 2003 for the Total Amount of $23,220 Which Includes the Basic Bid and Additive Alternate No. 1. ITEM E: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks as Recreation Commission Planning as Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee ITEM F: . ITEM G: ITEM H: ITEM I: , o . . ITEM J: ITEM K: bo Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce MINUTES *Regular Meeting of June 18, 2003. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. Approval -- Consent to Sublease -- Pingo Properties, Inc. and Geoffrey M. Graves, Individually, to Ashley Bulot, Lot 6A, Block 1, Gusty Subdivision No. 4. REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUT~ SESSION- None Scheduled ITEM M: ADJOURNMENT AGEKDA KENAI CITY COUNC~- REGULAR MEETING JULY 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ 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: SCItEDULED PUBLIC COMMENTS (10 minutes) lo Dave Gtlbreath, CEO Central Peninsula General Hospital -- Hospital Expansion. ITEM C: ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS PUBLIC HEARINGS , . Ordinance No. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. Resolution No. 2003-38-- Declaring Equipment, Supphes, and Materials Surplus or Obsolete. ITEM E: COMMISSION/COMMITTEE REPORTS , 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 Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games ITEM F: MINUTES , *Regular Meeting of July 2, 2003. ITEM G: ITEM H: OLD BUSINESS Discussion -- Scheduling of Evaluat/on~ of City Manager, City Clerk and City Attorney. ITEM h ITEM J: ,, NEW BUSINF~S Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUT~ SESSION -- a. Discuss Litigation, Specific~y the Friends of the Recr.eation Center, Inc., et al. v. City of Kenai -- ~~~r--~/~//',e~.~-~.~/~-~/~c~ ,~-. ~_.~~~~~ b' Evaluation of City Manager -~ ~ ~//~//~ ~ ITEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 6, 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) F. DeWayne Craig-- Yearly Application for Excavation in the Right-of- Way (KMC 18.20) , Kenai Fire Department -- Automatic External Defibrillator (AED) Information and Demonstration. , Lorraine Clare -- Dip Net Concerns/South Side Beach. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORR AND COUNC!~-__~ ITEM D: _ ITEM E: PUBLIC HEARINGS Resolution No. 2003-39 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ambulance. Resolution No. 2003-40 -- Transferring $6,500 From ContingenCy to Repair and Maintenance in the Airport Terminal Enterprise Fund. COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planmng & 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 e. Arctic Winter Games ITEM F: MINUTES *Regular Meeting of July 16, 2003. ITEM G: CORRESPONDENCE ITEM H: ITEM I: _ OLD BUSINESS Discussion -- Policy Options/Kena/Recreation Center NEW BUSINF~S Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 e *Ordinance No. 2009-2003 -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. , *Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Term/nE Enterprise Fund to Replace Boilers. . ITEM J: *Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance -- 50 Foot Setback. REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS . City Manager Attorney City Clerk ITEM L: DISCUSSION . Citizens (five minutes) Council ~UT1VE SESSION -- None scheduled. ITEM M: ,ADJOURNMENT nal Municipal Airport 3rd Annual Central Peninsula Air Fair & Fun Flight: A meeting is scheduled for July 17th in the Kcnai Airport Operations building at 5'15 to wrap up details of the event and begin planning for next year. Council ideas and participation are always welcome. Please call Mary at 283- 7951 x 22 for more information or if you have suggestions and are unable to attend the meeting. Airport Triangle Landscaping Project: The groundwork is progressing and new electrical outlets arc being installed to facilitate lighting of the signs and future holiday decorations. The sign is on order and Julie at Signworks anticipates delivery in 6 weeks. Handicap Lift: The lift is working well and the manufacturer has scheduled a visit on July 16th to make requested modifications. Airport Security: Airport Manager is continues to work with TSA and Era Aviation on security issues. An ETD (Explosive Trace Detection) machine has been temporarily installed to facilitate handling of fish boxes and high volume summer traffic. TSA personnel have also been increased to ensure a smooth traffic flow during our busiest month. As of this date, no permanent solution has been defined. Airport Advertising: We arc continuing our ad campaign in Alaska l~usincss Monthly through August. Thc new slogan is "Kenai Municipal Airport, A Place for Your Business to Grow". Kenai Chamber Display: Again, ! would like to thank Chamber Director Colleen Canady for the wonderful display at the main exit door. If you have not seen the new configuration for displaying local information, it is worth a stop. Co11¢¢n has coordinated with the Kcnai Peninsula Tourism & Marketing Council to include information for the entire peninsula. We have received many favorable comments from the public and local businesses on the new arrangement. Stan Pitlo and Doug Munn at thc Peninsula Clarion deserve a special recognition for helping out with a new rack. It is always nice to sec the local community working together to support the Airport and local businesses. Airport Construction: Several meetings were held this month to move forward on thc Airport Security Improvements and other FAA funded projects. ~~ ID-E... ne/ Municipal Airport 2003 Monthly Enplanements $,000 0 I ~ 2 ~ Series1 i 9,445 Era 1998-2002 Month 2003 2002 5 yr. Average Jan 6,454 7,829 - 1,375 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 5,988 6,740 -752 8,815 , Jul 9,445 9,979 -534 11,962 Aug 10,432 Sep 7,697 Oct 7,701 Nov 7,407 , Dec 7,457 Totals 43,992 52,747 -8,755 Municipal Airport I I OPERATIONS APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER TOTAL TO DATE FLOAT PLANE BASIN ACTIVITY - 2003 21 86l 158 2591 i i i i i ii/iiii ii i I I / II IIII $1,772.60 I Month Gallons ,Total Sale i MAY 308 $834.68 JUNE 513 $1,390.52 JULY 654 AUGUST SEPTEMBER OCTOBER TOTAL ~ $3,997.80 SLIPS LEASED iCOMMERCIAL ,i 1 j Rev 8/3/99 Airport Noise Related Information - SCottsdale AirPort - COS ~t~.~ 8/14/03 6:43 PM i~: BACK Home I Events I Job.....~s I Services I Departments I Report aProblem I Sea,rch Environment & PreserVation Scottsdale Airport- Airport Noise Related information The Scottsdale Airport Noise Abatement program is based on the philosophy that good neighbors make every effort to understand the concerns of their neighbors, and take action to minimize aircraft influences experienced by residents. · Noise Sensitive Areas & Noise Abatement Procedures · Aircraft Flight Paths & Altitudes · Current Noise Report & Frequently Asked Questions · Aviation Noise- Roles & Responsibilities · Regulation & Measurement of Aircraft Noise · Airport Noise Reduction Efforts & F.A.R. Part 150 Studies · Submit an Aircraft Noise Complaint · Disclosure for Realtors, Home Buyers/Sellers · Airspace & the FAA Northwest 2000 Plan, · Aviation & the Environment · Noise Abatement Links, 15000 N. Airport Drive, 2nd Floor, Scottsdale, AZ 85260 (480) 312-2321 (480) 312-8480 fax ' Airport Links Latest News Airport Advisory Commission Airport Businesses Airport Staff Aviation Links General Information History Noise Information Pilot Information Operational Statistics Regulatory Documents Study Summaries US Customs Weather Top of Pa,qe Was this page useful to you? Yes I No Thank you for visiting our site. City of Scottsdale welcomes your feedback. Web P01i,cies & Disclaimers. © 1995-2002 city of Scottsdale. All Rights Reserved. Reading the PDF documents, provided on this site, requires the Adobe Acrobat Reader, available for free from Adobe (link to Adobe.com). Adobe, the Adobe logo, Acrobat, and the Acrobat logo are trademarks of Adobe Systems incorporated. https://www.scottsdaleaz.gov/airport/noise, asp?catiD=5 Page 1 of 1 Noise Sensitive Area Map - Scottsdale Airport - COS 8/14/03 6:43 PM ' 14 BACK Home [ Events I Job_..~s ] Services [ Departments I Rel~ortaProblem. I Search Transportation, Streets & Utilities Scottsdale Airport - Noise Sensitive Area and Abatement Procedures The Scottsdale Airport pUblishes approximately 8,000 Airport Pilot Guides annually and makes these guides available at airports across the Valley. The purpose of the guide is to educate pilots on noise sensitive areas around Scottsdale Airport, and the preferred noise abatement flight paths. Federal regulations prohibit requiring aircraft to fly the recommended noise abatement routes as operational safety requires the pilot in command to maintain flexibility in flight paths and altitudes. Pilots are requested to make every accommodation, safety permitting, to observe the recommended noise abatement procedures and flight paths in order to be good neighbors. Special vigilance is requested for those noise sensitive areas within 2 - 3 miles of the airport as these areas are subject to frequent overflights at Iow altitudes if noise sensitive flying is not practiced. · Noise Sensitive Areas & Preferred Noise Abatement Route Map (jpg / 714KB) · Noise Sensitive Area & Preferred Noise Abatement. Route Map (pdf/588KB/1 page) Required Noise Abatement Procedures · Intersection takeroffs, stop-and-go, formation, simulated single engine departures or go-arounds prohibited. · Touch-and-go operations prohibited between 9:30 p.m. and 6:00 a.m. · Engine maintenance runups prohibited between 10:00 p.m. and 7:00 a.m., except in emergencies. · Runway weight restriction is 75,000 lbs. maximum certificated takeoff weight. ,, Recommended Noise Abatement Procedures · Runway 3 is the designated calm wind runway. · Make right turn to 300 degrees as soon as possible when departing departing Runway 21, · Climb as high as possible before leaving airport boundaries. · Request that all aircraft not meeting F.A.R. Part 36, Stage III requirements takeoff on Runway 3 and land on Runway 21, weather and traffic permitting. · Please fly high and tight patterns, no Iow approaches, follow the PAPI (4 degrees). · Left hand traffic pattern on Runway 3, right hand traffic pattern on Runway 21. .' On Runway 21, aircraft are requested to make short final approaches avoiding direct overflight of residential areas. · Practice instrument arrivals without proceeding below pattern altitude to minimum decision altitude. · Jets are requested .to use N.B.A.A. Standard Noise Abatement Departure procedures or c°mparable procedure of aircraft manufacturer. · Propeller aircraft are requested to use A.O.P.A. "Noise Awareness Steps." Compliance with recommended noise abatement procedures are at the pilot's discretion. SAFETY ALWAYS COMES FIRST. More Information on FAA approved noise abatement procedures may be found at: · FAA Advisory Circular 91-36c - VFR Fli,qht Near Noise Sepsitive Areas, ~ · FAA Advisory Circular 91-66 - Noise Abatement for Helicopters ~ Noise Sensitive Areas - Avoidance ~dditional maps and written procedures showing how to avoid noise sensitive areas are being developed for this ...... section. Please check back in the future for more updates. Airport Links L.atest News Airport Advisory Commission Airport Businesses Airport Staff Aviation Links General Information History Noise Information Pilot Information Operational Statistics Re.qulatory Documents Study Summ..a..r.!e..s, us Customs Weather httpS://www.scottsdaleaz.gov/airport/NoiseSub_SensitiveMap_PilotInfo.asp Page 1 of 2 Noise Sensitive Area Map - Scottsdale Airport - COS ti NOISE SENSITIVE AREA II LOCATION ......... II .... NOIS.E CONCERN .......... E~ePartures: R~ 0:3 Il Jet & Prop Arrivals-Rwy 21 Stonebrook/Princess Views Horizon Neighborhood IKeirland Neighborhood Desert Vistas IProp T&G Departures- Rwy 1 mile N of Rwy 21 103 ............................................... II Jet altitudes- Rwy 21' 1.5 miles E of midfieid llarrivais, le~hand traffic ............... IIHelic°pters ~ 112 'miles w of midfield llHelicopters il ii Jet Departures- Rwy 21' 3/4 mile SW of Rwy 03 Ii Jet & Prop altitudes- Rwy 03 arrivals A.O.P.A. Noise Awareness Steps · If practical, avoid noise-sensitive areas. Make every effort to fly at or above 2,000 feet over such areas when overflight cannot be avoided. · Consider using a reduced power setting if flight must be Iow because of cloud cover or overlying controlled airspace or when approaching the airport of destination. Propellers generate more noise than engines' flying with the lowest practical RPM setting will reduce aircraft noise substantially. · Perform stalls, spins, and other practice maneuvers over uninhabited terrain. · Familiarize yourself and comply with airport noise abatement procedures. · On takeoff, gain altitude as quickly as possible without compromising safety. Begin takeoffs at the start of a runway, not at an intersection. · Use P^PI. This will indicate a safe glidepath and allow a smooth, quiet descent to the runway. (4 degrees at Scottsdale Airport) · Retract the landing gear either as soon as a landing straight ahead on the runway can no longer be accomplished or as soon as the aircraft achieves a positive rate of climb. If practical, maintain best-angle- of-climb airspeed until reaching 50 feet or an altitude that provides clearance from terrain or obstacles. Then accelerate to best-rate-of-climb airspeed. If consistent with safety, make the first power reduction at 500 feet. · Fly a tight landing pattern to keep noise as close to the airport as possible. Practice descent to the runway at Iow power settings and with as few power changes as possible. · If possible, do not adjust the propeller control for fiat pitch on the downwind leg; instead, wait until short final. This practice not only provides a quieter approach, but also reduces stress on the engine and propeller governor. · Avoid iow-level, high-powered approaches, which not only create high noise impacts, but also limit options in the event of engine failure. · Flying between 11 p.m. and 7 a.m. Should be avoided whenever possible. Note: These are general recommendations; some may not be advisable for every aircraft in every situation. No noise reduction procedure should be allowed to compromise flight safety. ............................................................... 15000 N. Airport Drive, 2nd Floor, Scottsdale, AZ 85260 (480) 312-2321 (480) 312-8480 fax 8/14/03 6:43 PM Top of Pac~e Was this page useful to you? Yes i N_.Qo Thank you for visiting our site. City of Scottsdale welcomes your feedback. Web Policies & Disclaimer.s. ,, ,j' © 1995-2002 City of Scottsdate. All Rights Reserved. / Reading the PDF documents, provided on this site, requires the Adobe Acrobat Reader, available for free from Adobe (link to Adobe.corn). Adobe, the Adobe logo, Acrobat, and the Acrobat logo are trademarks of Adobe Systems incorporated. https://www, scottsdaleaz, gov/airport/NoiseSub_SensitiveMap_Pilotlnfo.asp Page 2 of 2 Monthly Noise Report and FAQs - Scottsdale Airport - COS 8/14/03 6:44 PM _ :'4i BACK Home I Events I Job_._.~s I Services, ] Departments I Report a Problem [ Search _Transportation, Streets & Utilities Scottsdale Airport - Noise Report and Frequently Asked Questions Scottsdale Airport receives noise complaints and publishes the data on a monthly basis to track emerging geographic trends in complaints. To have aircraft noise complaints become part of the official record of the City of Scottsdale, complaints must be submitted via the e-services link, or the 24-hour noise hotline at (480) 312- 3597 [312-"FLYS"]. The latest noise report is available below. · July Noise Summary Repo~ (pdf / 262KB / 3 pages) The revised noise report summary does not include the complete listing of each complaint for the month and no longer provides names of each of the complaintants. For a copy of the complete noise report for the month in. PDF format, please email aviation staff. Noise complaint statistics vary significantly due to the effect of traffic fluctuations due to the season and the economy, annual "Air Fair" events involving military aircraft, noise studies increasing public awareness and changes in the FAA flight routes (i.e. FAA Northwest 2000 Plan). Noise complaints do not directly affect where aircraft fly and are primarily used-to track emerging concerns in the community and for land use compatibility planning. One of the latest data "spikes" is due to increased complaints after the implementation of the FAA Northwest 2000 Plan in February 2002, combined with the City's new policy in July 2002 to accept noise complaints from all ~area's and involving any aircraft and in an electronic format. For many years the City of Scottsdale has operated a 24-hour voicemail system to lodge noise complaints as part of our ongoing Scottsdale Airport Noise Compatibility Program. Historically, only complaints regarding Scottsdale Airport traffic were lodged with the City of Scottsdale and only via the noise hotline. However, with increasing concerns about commercial air traffic and the FAA's adjusted flight paths, residents have started submitting complaints via E-mail. We are aware that aircraft overflights are of concern in many areas of the valley and want to be receptive via an electronic data medium, *herefore, we have developed a new web-based noise event loaain(~ svstem. Frequently Asked Questions Why do planes fly over my house? There are several airports in the Phoenix metropolitan, area: Sky Harbor, Williams Gateway, Scottsdale, Deer Valley, Glendale, Chandler, Luke Air Force Base and other private airports. The FAA regulates and classifies airspace throughout the Valley to separate air traffic both horizontally and vertically. It is inevitable that air traffic will occur over all areas of the Valley, however, overflights will occur more frequently if yOu reside closer to an airport of flight pattern. More information on fli,qht oaths Planes seem to be flying over my house on purpose. Why? Pilots, like automobile drivers, tend to select the most direct route possible. In the vicinity of Scottsdale Airport pilots are identifying landmarks to begin their entry into the Airport Traffic Area such as Rawhide, Taliesin West, Chauncy's Ranch, or Paradise Valley Mail, and are watching for other aircraft. Pilots seldom have the time to single out one house or yard from another and are usually too high and far away to see details. More information on noise sensitive areas Why don't airplane owners get rid of those noisy jets? Aircraft owners manage their transportation budgets very much like automobile owners; they trade vehicles when it is economically advantageous to do so. For the commercial service airline fleet, the FAA mandated a phase-out program designed to provide noise relief without imposing an undue economic burden on aircraft operators. Currently there is no legislation to require"hushkits" on jets under 75,000 lbs., which is the type of aircraft that operate at Scottsdale Airport. More information on roles and responsibilities What causes planes to take off in the direction of my home? The prevailing wind at the runway determines the initial direction of flight. Often buildings, fences, trees, etc., will diminish wind effects in the surrounding neighborhoods, however, on the open area of the airport, wind at six knots or more usually make it necessary for aircraft to take off into the wind. Why don't airplanes taking off to the southwest (Runway 21) turn immediately to the east? Planes generally follow a traffic pattern approved by the FAA and established through the Noise Compatibility Planning process. If departing jets turned to the east when departing Runway 21, they would quickly conflict with Sky Harbor airspace. Additionally, the 1997 F.^.R. Part 150 Airport Noise Compatibility Study determined this procedure would result in an increase in population east of the airport subject to aircraft noise without reducing noise in other areas to the west. Who can do something about Iow-flying planes? The FAA's Flight Standards District Office investigates Iow-flying or unsafe flight incidents with a written complaint. Call (480) 419-0111 between 7:30 am and 4:00 PM to learn more about how to report such activities. Airport operators have no legal jurisdiction over aircraft in flight or their lfltitudes. More information on noise & Iow-flyin,q complaints , .... What can the airport do to restrict noisy planes? Federal Law prohibits new local new noise abatement restrictions without first conducting a cost-benefit analysis following the F.A.R. Part 161 requirements. Noise regulations enacted prior to 1991 are "grandfathered" and are allowed to remain in place. The F.A.R. Part 161 https://www.scottsdaleaz, gov/airport/NoiseSub_Reports_FAQs-asp Airport Links Latest News Airport Advisory Commiss, i0,,n.. Airport Businesses Airport Staff Aviation Links General Information Histo~ Noise Information Pilot Informati .o,n. Operational Statistics Re,qulato~y Documents Study Summaries US Customs Weather Page 1 of 2 Monthly Noise Report and FAQs - Scottsdale Airport - COS 8/14/03 6:44 PM ' process requires airports to demonstrate how many residential or other incompatible uses will no longer be included inside the 65 DNL noise contour boundary by enacting the new noise regulation. Most noise complaints originate in areas far outside the 65 DNL noise contour lines due to the Iow ambient noise level. More !nformation on noise compatibility plannin,q · iow can citizens and government work together to significantly decrease aircraft noise in our community? Noise.. .~batement is not a local issue and there is an ongoing nationwide dialog between the FAA, legislators, residents, 'citizens, industry and other advocacy groups. Significant noise reduction could come from new federal legislation regarding 1.) Hushkits of Stage Ii aircraft under 75,000 lbs. certificated weight or 2.) A review of the DNL noise metric and adoption of a lower noise threshold than 65DNL, 3.) Reducing the onerous of requirements of the F.A.R. Part 161 process. More information on noise re,qulations 15000 N. Airport Drive, 2nd Floor, Scottsdale, AZ 85260 (480) 312-2321 (480) 312-8480 fax https://www.scottsdaleaz, gov/airport/NoiseSub_Reports_FAQs.asp Page 2 of 2 Noise Compatability Studies - S¢ottsdale Airport - COS ~4!! BACK 8/14/03 .6:46 PM Home I Even.ts.. I Job.....~s !. Services I Departments. I Repon aProblem I Sea...r~ _Transportation, Streets & Utilities Scottsdale Airport - Noise Compatibility Planning The City of Scottsdale is anticipating Federal Funding for a update to the existing F.A.R. Part 150 Noise compatibility Study in early 2003. Through this process we will explore all legal noise abatement options, including, the pros and cons of changing flight paths and the viability of establishing new .noise regulations. Please bookmark the Airport Main Page to be able to return for future updates to the F.A.R. Part 150 Noise Study process. The Scottsdale Airport web site will continually be updated with information as it is released and as new information is obtained. If you would like your email address or mailing address to be added to our notification list for future meetings and information, please email email airport noise staff with your preferred contact information (email or mailing address). Noise Compatibility Studies (F.A.R. Part 150) Airports are not required to conduct noise compatibility studies. Scottsdale commissioned one of the first noise compatibility studies by a General Aviation airport in 1984. Since the first noise compatibility study and noise contour map were approved in 1985, the Noise Contour Map - Exhibit H (gif / 729KB), was updated in 1991 and a thorough study and Future Noise Contour Map (2005) - Exhibit 4G (gif / 714KB) was developed through the 1997 Noise Compatibility Program update. The F.A.R. Part 150 study process enables communities to plan for compatible land use around airports to minimize the impact from incompatible land uses on the airport, and visa versa. Further information on the F.A.R. Part 150 process and the Integrated Noise Model (INM) used to measure aircraft noise can be found at the FAA's Office of Environment and Ener.qy -Noise Division '~ and the FAA's Part 150 homeDaqe_fi~: Activate the links below to view the Executive Summary to the latest Scottsdale Airport Noise Compatibility Study accepted by the Scottsdale City Council and FAA in 1997, and public hearing testimony. Additionally, the Technical Information Papers discuss more technical aspects of aircraft noise. · Noise Compatibility Study Executive Summary - Part 1 (pdf / 1969 KB / 6 pages) · Noise Compatibility Study Executive Summary - Part 2, (pdf / 2176 KB / 6 pages) · 1997 NCP Public Hearinq Testimony - November 13-20, 199.6. (pdf / 47 KB / 1'3 pages) · Measurin,q the Impact of Noise on People - Technical Information Paper (pdf / 706 KB / 6 pages) · Effects of Noise Exposure - Technical Information PaPe.r. (pdf / 1921 KB / 18 pages) · Model Buildin.q. Code Sound Insulation Standards (pdf / 1306 KB / 14 pages) The Noise Compatibility planning process is the only "regulatory" avenue available to local airport operators for addressing airport noise issues. However, the City of Scottsdale also uses the F.A.R. Part 150 study process to raise awareness of aircraft noise issues and pilot education of recommended noise abatement procedures. Airport Noise Compatibility Efforts The City of Scottsdale has a long history of proactive noise abatement efforts' · In 1978, the City Council adopted Resolution No. 1757 jointly with the City of Phoenix to designate Sky Harbor Airport for air carrier aircraft (DC-8, DC-9, B707, B727, B737, B747)while developing Scottsdale Airport as a reliever airport with only commuter airline service. · In 1980, the City CounCil ordered the sale of excess airport land to lessen the chances the airport would have additional runways or accommodate Air Carrier type aircraft in the future. · In 1984 after a lengthy Environmental Impact Study process, while the runway was lengthened to accommodate jets year-round, it was shifted 3500 feet to the northeast to raise altitudes of arriving aircraft over the residential areas southwest of the runway. · The 1985 Airport Master Plan recommended no additional runways, virtually assuring that Scottsdale Airport will remain a single-runway airport for the foreseeable future. · The Precision Approach Path Indicator (PAPI) lights at the runway ends are set at the maximum 4 degrees instead of the standard 3 degrees to encourage aircraft approaches to be as high as safely possible. · In 1996, lighted noise abatement reminder signs were installed at the ends of both runways to encourage use of noise abatement procedures. · The landing thresholds at both runway ends have been displaced to help raise the altitude of arriving aircraft over residential areas. The Runway 03 landing threshold at the south end of the airport is displaced 750' to the northeast, and at the northern end of the airport the Runway 21 landing threshold is displaced 400' to the southwest. · In 1998 Noise Abatement displays and pilot guides were placed in flight schools and fixed base operators at other valley airports to inform pilots who may only occasionally use Scottsdale Airport on local noise https://www.scottsdaleaz, gov/airport/NoiseSub_FARPart 150Study.asp Airport Links Latest News __ Airport Advisory Commission Airport Businesses Airport Staff_ Aviation Links General Information,. Histor~ Noise Information Pilot Information Operational Statistics _Re,qulatory Documents S_tudy Summaries US Customs Weather Page 1 of 2 Noise Compatability Studies - Scottsdale Airport- COS 8/14/03.6:46 PM abatement procedures. "~ngoing Noise Reduction Efforts n additi°n to the Noise Compatibility Planning process, the City of Scottsdale is engaged in ongoing efforts to 'reduce the effect of aircraft overflights and noise. · Creation of a Northeast Valley Regional Pilot ' Guide to inform pilots about terrain elevations and traffic corridors that create noise sensitive areas in the northeast valley · Developing high-tech pilot education tools such as "Pilot-eye movies" to educate pilots of noise Sensitive areas that can be avoided with some awareness and pre-planning · Engaging the FAA in constructive dialog regarding airspace and air traffic issues · Participating in the Phoenix Airspace User Working Group (PAUWG) to cooperatively identify air traffic problems and solutions with airspace users, the FAA, communities and airport operators · Partnering with aviation organizations (AOPA, NBAA, AzBAA) to further pilot awareness and noise abatement education · Partnering with the FAA and valley flight schools to form a safety and education forum for flight training and noise issues · Parnering with residents to identify noise issues and evaluate possible solutions · Monitoring ongoing legal issues involving airports noise reduction efforts involving F.A.R. Part 161, Naples airport and proposed Federal legislation Community Outreach Efforts The City of Scottsdale is actively engaged in constructive community dialog regarding aviation issues through homeowner associations (HOA) newsletters, presentations and real estate seminars, etc. If you would like to have a presentation on any aspect of $cottsdale Airport/Airpark or aviation noise issues for your HOA, business or group, please email the Scottsdale Airport staff or call at the telephone number below. In the past there has been significant public involvement on airport noise issues in addition to the F.A.R. Part 150 noise compatibility public process. One notable effort is known as the Phoenix Ad Hoc Committee on noise that resulted in the "Phoenix 28 recommendations" for noise abatement. Many of the committee's recommendations were regarding regulatory measures that were not legal under Federal law or were not supported by the Cities of Phoenix and Scottsdale. The Phoenix 28 recommendations (pdf/2137KB/10 pages) and the FAA response (pdf/ 2349KB / 13 pages) are very informative and remain true today, inspite of their age (1984). In 1989, the City again re-examined several elements of the airport noise program in "A Focus on Community. Issue.s, (pdf / 2618KB / 21 pages). !~dditionaily, following the 1997 F.A.R. Part Noise Compatibility Study approval, the airport formed an ad hoc Community Working Group (CWG) to further address citizen concerns about aircraft noise. A significant number of meetings were held and the CWG Meeting Minutes contain a significant amount of information on aircraft noise abatement, flight paths and previous airport/community dialog. · CWG Meetin,q Minutes -1997 (pdf/1366KB/, 32 pages) · CWG Meetin.q Minutes -1998 & 1999 (pdf / 570KB / 10 pages) A review of the 1997 F.A.R. Part 150 Study public testimony, the Phoenix 28 recommendations; and the Community Working Group minutes reveals that past noise issues are similar to the current noise issues. This is not unexpected as there has been little change in Federal legislation that permits noisy aircraft to fly, and precludes local airport's abilities to enact new noise regulations after 1991. 15000 N. Airport Drive, 2nd Floor, Scottsdale, AZ 85260 (480) 312-2321 (480) 312-8480 fax Top of Page Was this page useful to you? Yes l N_.Qo Thank you for visiting our site. City of Scottsdale welcomes your feedback. Web Policies & Disclaimers © 1995-2oo2 City of Scottsdale. Ail Rights Reserved. Reading the PDF documents, provided on this site, requires the Adobe Acrobat Reader, available for free from Adobe, (link to Adobe.com). Adobe, the Adobe logo, Acrobat, and the Acrobat logo are trademarks of Adobe Systems incorporated. https ://www. scottsdaleaz, gov/airp orr/Noise S ub_FARPart 150 Study. asp Page 2 of 2 '