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Home My WebLink About2007-02-08 Airport Commission PacketI£ENAI AIRPORT COMMId FEBRUARY 8, 2007 KENAI CITY COUNCIL CHA 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL YTEM 2: ELECTION OF CHAIR AND VICE-CHAIR ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MEETING SUMMARY -- November 9, 2006 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Recommendation -- Suggested Amendments to Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. b. Discussion -- Minimum Standards for Airports c. Discussion -- Kenai Municipal Airport Supplemental Planning Assessment, Phase 2 Report. ITEM 8: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison %TEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for January 3 and 17, 2007. b. 12/06 & 1/07 Kenai Municipal Airport Enplanement Report. ITEM 12: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL -- 283-8231 OR, REBECCA/MARY -- 283-7951 KENAI AyIyRPORT COMMYSSION N®V EMBER ~y 6®®6 KENAY CITY COUNCYL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL T~n~ `~ ITEM 3: APPROVAL OF MEETING SUMMARY -- October 12, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD YTEM 5: OLD BUSINESS a. Discussion -- 2007 Air Fair b. Discussion -- Sports Coverage Radio Airport Advertising ITEM 6: NEW BUSINESS a. Discussion -- Airline Operating Agreement ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison YTEM 8: COMMISSIONER COMMENTS AND OUESTYONS ITEM 3: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for October 17 and November 1, 2006. b. 10/06 Kenai Municipal Airport Enplanement and Float Plane Basin Reports. c. 11/ 1 /06 R. Koch letter regarding City's interest to purchase 80 Acres of undeveloped property northwest of the Kenai Municipal Airport. ITEM 11: ADJOURNMENT KENAI AYRPORT COMMISSION NOVEMBER 9, 2006 KENAY CITY COUNCIL CHAMBERS 7:00 P.M. MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. The roll was confirmed as follows: Commissioners present: C. Versaw, L, Porter, J. Bielefeld, E. Mayer, H. Knackstedt, D. Haralson Commissioners absent: J. Zirul Others present: Council Member R. Molloy; Airport Director Cronkhite; Airport Administrative Assistant Mary Bondurant; James Goodwin and Jay Smith, both of KSRM Radio ITEM 2: AGENDA APPROVAL MOTION: Commissioner Versaw MOVED to move KSRM Radio to the first item on the agenda. and requested UNANIMOUS CONSENT. Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- October 12, 2006 MOTION: Commissioner Versaw MOVED to change Item 7-b from "property east" to "property west" and requested UNANIMOUS CONSENT. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- 2007 Air Fair Discussion included: • Possible use of SOAR hangar or Civil Air Patrol's hangar. • Parking of cars. • Importance of the Poker Run in keeping pilots interested in the Air Fair. MOTION: Commissioner Bielefeld MOOED the Air Fair Committee focus on keeping the Poker Run in an effort to continue interest by pilots and requested UNANIMOUS CONSENT. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. 5-b. Discussion -- Sports Coverage Radio Airport Advertising Discussion included: • The differences in advertising packages, market share and internet sports coverage. • This type of advertising is "goodwill" or "community advertising" to keep a positive light on the airport. MOTION: Commissioner Haralson MOVED the Airport Manager pursue the proposed advertising package for radio and requested UNANIMOUS CONSENT. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion -- Airline Operating Agreement MOTION: Commissioner Haralson MOVED the City Council approve Ordinance 2198-2006 and requested UNANIMOUS CONSENT. Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7-a. Commisssoa Chair -- None 7-b. Airport Manager -- None 7-c. City Council Liaison -- Council Member Molloy informed the Commission the Council adopted the Capital Improvements Project List at the last Council meeting. YTEM 8: COMMISSIONER COMMENTS AND pUESTIONS Discussion included the following: • Summer activity at floatplane basin. • Tie-down rates. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None AIRPORT COMMISSION MEETING NOVEMBER 9, 2006. PAGE 2 YTEM 10: INFORMATION YTEMS 10-a. Kenai City Council Meeting Action Agendas for October 17 and November 1, 2006. 10-b. 10/06 Kenai Municipal Airport Enplanement and Float Plane Basin Reports. 10-c. 11 / 1 /06 R. Koch letter regarding City's interest to purchase 80 Acres of undeveloped property northwest of the Kenai Municipal Airport. ITEM 11: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:05 p.m. Meeting summary prepared and submitted by: Jenifer C. Lockwood, Deputy City Clerk AIRPORT COMMISSION MEETING NOVEMBER 9, 2006 PAGE 3 14~,~1a KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission. Committee Board Reappointment: If, after a term (or consecufive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation off Subcommittees of Commissions Committees or Boards• A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be recorded with a portable tape recorder and the tapes (the official record) stored in the City Clerk's Office. Meetin¢ Schedules: Until further notice, the commission/committee meeting schedule is as follows: Commission/Committee/Board Meeting Schedule Scheduled Meetin Da s Planning & Zoning Commission Twice monthly January through December, Second & Fourth Wednesda s Libr Commission :Monthl First Tuesda Harbor Commission Monthly First Monday after first council meetin of the month. Council on A in Monthl First Thursda i Beautification Committee No meetings Jan., Feb., Nov, & Dec. Second Tuesday Parks 8v Recreation Commission Bi-Monthl First Thursda Ai ort Commission Monthl Second Thursda 1. Commission, committees and boards, including Library, Harbor, Parks & Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as-needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Msnutes/Meetsn~ Recording_ 8. Excepting the Planning & Zoning Commission and Personnel Arbitration Boazd, responsibility of taking notes and electronically recording the commission, committee, board meetings., falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the Gity Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessioas• 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regulazly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of aregularly-scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. This directive shall take effect on May 3, 2006 and remain in effect until modified by the Kenai City Council Approved by the Kenai City Council on the third day of May, 0 ~. •--' PAT PORTER,. MAYOR ATT~E ~T:~ ~ ~~ Carol L. Freas, City Clerk clf Revised 5/3/06 Ih~,76 ~® To: Airport Commission From: Rebecca Cronkhite, Airport Manager ~,.. Date: February 4, 2007 Subject: Minimum Standards The Supplemental Master Plan recommended the Kenai Airport develop Minimum Standards in line with FAA recommendations. The City Manager has suggested that the Airport Commission take the lead on this project. The FAA Advisory Circular on Minimum Standards is attached. This document provides guidance for the process. In addition, examples of Minimum Standards from several other airports will be available at the meeting. The Commission should take time to read through the Advisory Circular and note the questions provided to help generate discussion. The first task is to affirm that the Commission wishes to develop Minimum Standards. Once that decision is made, I suggest the Commission discuss some of the questions with airport users. We will need to agree on minimum standards before we tackle Airport Rules and Regulations. The rules and regulations need to reflect allowed uses and requirements established in the minimum standards process. There is a great deal on information available on-line. B suggest you take some time to look at what other small airports have in place. Several of these documents will be available at the meeting. You are invited to email any questions or suggestions to our office and we will attempt to work up a rough draft for the March meeting. www. KenaiAirport.com U.S. Department of Transportation Federal Aviation Administration vi ry irul r Subject: MINIMUM STANDARDS FOR Date: August 28, 2006 AC No: 1 5 015 1 90-7 COMMERCIAL AERONAUTICAL Inifiated by: AAS-400 Change: ACTIVITIES 1. PURPOSE. This advisory. circular (AC) provides basic information pertaining to the Federal Aviation Administration's (FAA's) recommendations on commercial minimum standards and related policies. Although minimum standards are optional, the FAR highly recommeuds their use and implementation as a means to minimize the potential for violations of Federal obligations at federally obligated airports. 2. CANCELLATION. AC 150/5190-5, Exclusive Rights and Minimum Starr~drn^ds,for Comnsercial Aeronautical Activities (Change 1), dated June 10, 2002, is cancelled. 3. BACKGROUND. In accordance with the Airport and Airway Improvement Act of 1982, 49 United States Code (U.S.C.) § 47101, et seg., and the Airport Improvement Program Sponsor Assurances, the ouster or operator of any airporC (airport sponsor) that has been developed or improved with Federal o ant assistance or conveyances of Federal property assistance is required to operate the airport for the use and benefit of the public and to make it available for all types, kinds, and classes of aeronautical activity. The Surplus Property Act of 1944 (as amended by 49 U.S.C., §§ 47151-477.53) contains a parallel obligation under its terms for the. conveyance of Federal property for airport purposes. Similar obligations exist for airports that have received nonsurplus government property under 49 U.S.C. § 47125 and previous corresponding statutes. These Federal obligations involve several distinct requirements. Most important is that the airport and its facilities must be available for public use as an airport. The terms imposed on those who use the airport and its services must be reasonable and applied without unjust discrimination, whether by the airport sponsor or by a contractor or licensee who has been granted a right by the airport sponsor to offer services or commodities normally required to serve aeronautical users of the airport. Federal law requires that recipients of Federal grants (administered by the FAA) sign a grant agreement or covenant in a conveyance of property that sets out the obligations that an airport sponsor assumes in exchange for Federal assistance. The FAA's policy recommending minimum standards stems from the airport sponsor's grant assurances and similar property conveyance obligations to make the airport available for public use on reasonable conditions and without unjust discrimination. ~ The legislative background for the provisions discussed in this AC began as early as 1938 and evolved under the Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and Airport Improvement Program (AIP). AC 150/5190-7 8/28/2006 4. USE OF THIS AC. This AC addresses FAA's policy on minimum standards and provides guidance on developing effective minimum standards. This AC describes the sponsor's prerogative to establish minimum standards for commercial aeronautical service providers at federally obligated airports. Additionally, this AC provides guidance for self-service operations and self=service rules and regulation of other aeronautical activities. It does not address requirements imposed on nonaeronautica] entities, which are usually addressed as part of the airport's contracts, leases, rules and regulations, andlor local laws. The FAA does not approve minimum standards. However, the FAA airports district and regional offices will review proposed minimum standards at the request of an airport sponsor. The PAA regional and district offices may advise airport sponsors on the appropriateness of proposed standards to ensure the standards do not place the airport in a position inconsistent with its Federal obligations. 5. RELATED READING MATERIALS. a. FAA Airport Compliance Requirements, Order 5190.6A, dated October 16, 1989. b. Further information can be obtained at the Airports District Office (ADO) in your area. A listing of ADOs can be found at http://www.faa.sov/airports airtraffic/airports{regional guidance/. ~~/Cn ~-~ DAVID L. BENNETT Director, Office of Airport Safety and Standards 8/28/2006 SECTION L MLNIMUM STANDARDS AC 150/5190-7 1.1.. POLICY. The airport sponsor of a federally obligated airport agrees to make available the opportunity to engage in commercial aeronautical activities by persons, firms, or corporations that meet reasonable minimum standards established by the airport sponsor. The airport sponsor's purpose in imposing standards is to ensure a safe, efficient and adequate level of operation and services is offered to the public. Such standards must be reasonable and not unjustly discriminatory. In exchange for the opportunity to engage in a commercial aeronautical activity, an aeronautical service provider engaged in an aeronautical activity agrees to comply with the minimum standards developed by the airport sponsor. Compliance with the airport's minimum standards should be made part of an aeronautical service provider's leaseagreement with the airport sponsor. The FAA suggests that airport sponsors establish reasonable minimum standards that are relevant to the proposed aeronautical activity with the goal of protecting the level and quality of services offered to the public. Once the airport sponsor has established minimum standards, it should apply them objectively and uniformly to all similarly situated on-airport aeronautical service providers. The failure to do so may result in a violation of the prohibition against exclusive rights and/or a ftnding of unjust economic discrimination forimposing unreasonable terms and conditions for airport use. L2. DEVELOPING MINIMUM STANDARDS. a. Objective. The FAA objective in recommending the development of minimum standards serves to promote safety in al] airport activities, protect airport users from unlicensed and unauthorized products and services, maintain and enhance the availability of adequate services for al] airport users, promote the orderly development of airport land, and ensure efficiency of operations. Therefore, airport sponsors should strive to develop minimum standards that are fair and reasonable to all on- airport aeronautical service providers and relevant to the aeronautical activity to which it is applied. Any use of minimum standards to protect the interests of an exclusive business operation may be interpreted as the grant of an exclusive right and a potential violation of the airport sponsor's grant assurances and the FAA's policy on exclusive rights. b. Authority Vested in Airport Sponsors. Grant Assurance 22 Economic Nondiscr^imination Sections (h) and (i) (see49 U.S.C. § 47107) provides that the sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. Under certain circumstances, an airport sponsor could deny airport users the opportunity to conduct aeronautical activities at the airport for reasons of safety and efficiency? A denial based on safety must be based on evidence demonstrating that safety will be compromised if the applicant is allowed to engage in the proposed aeronautical activity. Airport sponsors should carefully scrutinize the safety reasons for denying an aeronautical service provider the opportunity to engage in an aeronautical activity if the denial has the possible effect of limiting competition. The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. As such, an airport sponsor that is contemplating the denial of a proposed. on-airport aeronautical activity e The word efficiency refers to the efficient use of navigable airspace, which is an Air'iraffic Control function. If is not meant to be an interpretation that could be construed as protecting the "efficient" operation of an existing aeronautical service provider at the airport. AC 150/5190-7 8128!2006 is encouraged to contact the local Airports District Office (ADO) or the Regional Airports Office before taking action. Those offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess the reasonableness and whether unjust discrimination results from the proposed restrictions on aeronautical activities based on safety and efficiency. c. Developing Minimum Standards. When developing minimum standards, the most critical consideration is the particular nature of the aeronautical activity and operating environment at the airport. Minimum standards should be tailored to the specific aeronautical activity and the airport to which they are to be applied. For example, it would be unreasonable to apply the minimum standards for affixed-base operator (FBO) at a medium or large hub airport to a general aviation airport serving primarily piston-powered aircraft. The imposition of unreasonable requirements illustrates why "fill- ip-the-blank" minimum standards and the blanket adoption of standards of other airports may not be effective. Instead, in Section 2 of this document, the FAA has provided guidance in the form of questions and examples to illustrate an approach to the development and implementation of minimum standards. It is important that the reader understand that what follows does not constitute a complete model for minimum standards, but rather a source of ideas to which the airport sponsor can turn when developing minimum standards. d. Sponsor Prerogative to Establish Minimum Standards. When the airport sponsor imposes reasonable and not unjustly discriminatory minimum standards for airport operations through the use of reasonable minimum standards, the FAA generally will not find the airport sponsor in violation of the Federal obligations. Considerations for applying those standards may include, but are not limited to, the following: (1) Apply standards to all providers of aeronautical services, from full service FBOs to single service providers; (2) Impose conditions that ensure safe and efficient operation of the airport in accordance with FAA rules, regulations, and guidance; (3) Ensure standards are reasonable, not unjustly discriminatory, attainable, uniformly applied and reasonably protect the investment of providers of aeronautical services to meet minimum standards from competition not making a similar investment; (4) Ensure standards are relevant to the activity to which they apply; and (5) Ensure standards provide the opportunity for newcomers who meet the minimum standards to offer their aeronautical services within the market demand for such services. Note: There is no requirement for inclusion of nonaeronautical activities (such as a restaurant, parking or car rental concession) in minimum standards since those activities are not covered under the grant assurances or covenants in conveyance of Federal property. e. Practical Considerations. Many airport sponsors include minimum standards in their lease agreements with aeronautical service providers. While minimum standards implemented in this manner can be effective, they also render the airport sponsor vulnerable to the challenges of prospective aeronautical service providers on the grounds that the minimum standards are not objective. The FAA encourages airport sponsors to publish their minimum standards periodically. Minimum standards can be amended periodically over time; however, a constant juggling of minimum standards is not encouraged. Notifying aeronautical service providers that the changes to 4 8/28/2006 AC 150/5190-7 minimum standards are to improve the quality of the aeronautical service offered to the public can facilitate earlier acceptance of changes. An airport sponsor can provide for periodic reviews of the minimum standazds to ensure that the standards continue to be reasonable. To foster a more receptive environment, the FAA encourages airport sponsors to include aeronautical users in the process leading to changes in minimum standards. f. Factors to Consider. Numerous factors can and should be considered when. developing minimum standards. Airport sponsors may avoid unreasonable standards by selecting factors that accurately reflect the nature of the aeronautical activity under consideration. It is impossible for the FAA to present every possible factor necessary for a task, mostly because of the vast differences that exist between individual airports. Obvious factors one should consider are: (1) What type of airport is at issue? Is it a large airport or a small rural airport? Will the airport provide service to only small general aviation aircraft or will it serve high performance aircraft vrd air taxi operators as well? (2) What types of aeronautical activities will be conducted on the airport? (3) How much space will be required for each type of aeronautical activity that may prospectively operate at the airport? (4) What type of documentation will business applicants be required to present as evidence of financial stability and good credit? (5) To what extent will each type of aeronautical activity be required to demonstrate compliance with sanitation, health, and safety codes? (6) What requirements will be imposed regarding minimum insurance coverage and indemnity provisions? (7) Is each minimum standard relevant to the aeronautical activity for which it is to be applied? g. New Versus Existing Aeronautical Service Providers. Airport sponsors are encouraged to develop minimum standards for new aeronautical business ventures it desires to attract to the airport. Minimum standards may be part of a competitive solicitation to encourage prospective service providers to be more responsive in their proposals. Minimum standards can be modified to reflect the aizport's experience and to be watchful for new opportunities (i.e. such as Specialized Aviation Service Operations (SASOs)). Minimum standards should be updated to reflect current conditions that exist at the airport and not those that existed in the past. In any case, once an airport sponsor receives a proposal for a new aeronautical business, it must ascertain whether the existing minimum standards cau be used for the new business or new minimum standards should be developed to better fit the new business venture. However, in al] cases, the airport sponsor must ensure that in changing minimum standards for whatever reason, it is not applying unreasonable standards or creating a situation that will unjustly discriminate against other similarly situated aeronautical service providers. The FAA stands by the principle that once minimum standards have been established, airport sponsors must uniformly apply them to all similarly situated aeronautical service providers. Some points of consideration. are as follows: (1) Can new minimum standards be designed to address the needs of both existing and future aeronautical business? If not, can a tiered set of minimum standards be developed to address the AC 150/5190-7 8/28/2006 same type of aeronautical acfivity but differ significantly in scale and investment (i,e. an FBO building large hangars and serving high performance aircraft and a second FBO building and only T-hangars and serving only smaller general aviation aircraft)? (2) Was the minimum standard created under a lease agreement (with a specific aeronautical service provider) so the subject standard may not be reasonable if applied to other aeronautical service providers? (3) Has conformance to the minimum standards been made a part of the contract between the aeronautical service provider and the airport sponsor? (4) Has the financial performance of the airport improved or declined since the time the minimum standards were implemented? 1.3. MINIMUM STANDARDS APPLY BY ACTIVITY. Difficulties can arise if the airport sponsor requires that all businesses comply with all provisions of the published minimum standards. An airport sponsor should develop reasonable, relevant, and applicable standards for each type and class of service. a. Specialized Aviation Service Operations. When specialized aviation service operations (SASOs), sometimes known as single-service providers or special FBOs, apply to do business on an airport, "all" provisions of the published minimum standards may not apply. This is not to say that all SASOs providing the same or similar services should not equally comply with all applicable minimum standards. However, an airport should not, without adequate justification, require that a service provider desiring to provide a single service or less than full service also meet the criteria for a full-service FBO. Examples of these specialized services may include aircraft flying clubs, flight training, aircraft airframe and powerplant repair/maintenance, aircraft charter, air taxi or air ambulance, aircraft sales, avionics, instrument or propeller services, or other specialized commercial flight support businesses. Airport sponsors generally do not allow fuel sales alone as a SASO, but usually require that fuel sales be bundled with other services. b. Independent Operators. If individual operators are to be allowed to perform asingle-service aeronautical activity on the airport (aircraft washing, maintenance, etc.), the airport sponsor should have a licensing or permitting process in place that provides a level of regulation and compensation satisfactory to the airport. Frequently, a yearly fee or percentage of the gross receipts fee is a satisfactory way of monitoring this type of operation. c. Self-b7ueling and Other Self-Service Activities. Since self-service operations performed by the owner or operator of the aircraft using his or her own employees and equipment are not commercial activities, the FAA recommends that airport sponsor requirements concerning those non- commercial activities be separate from the document designed to address commeroial activities. Airport rules and regulations or specific language in leases can better address requirements concerning self service operations and other airport activities. Self-fueling means the fueling or servicing of an aircraft (i.e. changing the oil, washing) by the owner of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and other self-services cannot be contracted out to another party. Self-fueling implies using fuel obtained by the aircraft owner from the source of his/her preference. As one of many self-service activities that can be conducted by the aircraft owner or operator by his or her own employees using his or her own equipment, self-fueling, differs from using aself-service fueling pump made available by the airport, 8/28/2006 AC 150/5190-7 an FBO or an aeronautical service provider. The use of aself-service fueling pump is a commercial activity and is not considered self-fueling as defined herein. In addition to self=fueling, other self-service activities that can be performed by the aircraft owner with his or her own employees includes activities such as maintaining, repairing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the aircraft owner or his/her employees with resources supplied by the aircraft owner. Title 14 Code of Federal Regulations (CFR) Part 43 permits the holder of a pilot certificate to perform specific types of preventative maintenance on any aircraft owned or operated by the pilot. 1.4. THROUGH THE FENCE OPERATOR. The owner of an airport may, at times, enter into an agreement (i.e. access agreement or lease agreement) that permits access to the public landing area by independent operators offering an aeronautical activity or to owners of aircraft based on land adjacent to, but not a part of, the airport property. However, athrough-the-fence operation could undermine an airport's minimum standards unless the airport sponsor is careful to apply its minimum standards through an airport access agreement, including conditions to protect the airport's ability to meet all of its Federal obligations. a. No Obligation to Permit Through-the-Eenee. The obligation to make an airport available for the use and benefit of the public does not require the airport sponsor to permit ground access by aircraft from adjacent property. Through-the-fence arrangements can place an encumbrance upon the airport property and reduce the airport's ability to meet its Federal obligations. As a general principal the FAA does not support agreements that grant access to the public landing area by aircraft stored and serviced off-site on adjacent property. In some cases, however, the airport sponsor may opt to grant through-the-fence access, but it should do so on a case-by-case basis and only when the airport retains its ability to meet its Federal obligations. To minimize the possibility of conflict between athrough-the-fence agreement and the airports' ability to meet its Federal obligations, the airport sponsor must retain the legal right to require the off-site property owner or party granted access to the airport to conform in all respects to the requirements of any existing or proposed grant agreement or Federal property conveyance obligation. This includes requirements to ensure operating safety and equitable compensation for use of the airport. Special safety and operational requirements should be incorporated into any access agreement to ensure that the through-the-fence access does not complicate the control of vehicular and aircraft traffic or compromise the security of the airfield operations area. Proposed new agreements granting access to a public landing area from off-site locations should be reported to the FAA Regional Airports Division with a full statement of the circumstances and a copy of the proposed through-the-fence or access agreement so The FAA can review it for consistency with the airport sponsor's Federal obligations and incorporate it into the current Airport Layout Plan (ALP). b. Access Agreement. Any through-the-fence access should be subject to a written agreement between the airport sponsor and the party granted access. The access agreement should specify what specific rights of~access are granted; payment provisions that provide, at a minimum, parity with similarly situated on-airport tenants and equitable compensation for the use of the airport; expiration date; default and termination provisions; insurance and indemnity provisions; and a clear statement that the access agreement is subordinate to the grant assurances and/or Federa( property conveyance obligations and that the sponsor shall have the express right to amend or terminate the access agreement to ensure continued compliance with all grant assurances and Federal property conveyance obligations. AC 150/5190-7 8/28/2006 The access agreement should have a fixed contract period and the airport sponsor is under no obligation to accept a proposed assignment or sale of the access agreement by one party to another. It is encouraged that airport sponsors expressly prohibit the sale or assignment of its access agreement. 1.5. RESERVED. SECTION 2. GUIDANCE ON DEVELOPING MINIMUM STANDARDS 2.1. SAMPLE QUESTIONS. As a guide for the airport sponsor, the following series of questions are provided to address some of the various types of specific services or activities frequently offered to the public: a. Euel Sales. The on-airport sale of fuel and oil requires nwnerous considerations that include, but are not limited to, the physical requirements for a safe and environmentally sound operation. Some recommended considerations are listed below: (1) Where on the airport will the fuel tanks be installed? Who will control access to the fueling site? What parties will be granted access to the site to receive fueling services? (2) Will fuel Yanks be installed above or below ground? Will fuel trucks be utilized to fuel remotely parked aircraft? (3) Will the fueling operator have sufficient fuel capacity and types of fuel to accommodate the mix of aircraft using the airport? (4) How many days' supply of fuel will be available on airport? Are provisions to resupply the on-airport fuel tanks sufficient to ensure a continuous fuel supply? (5) Wil] the fueling operator have suitable liability insurance and indemnify the airport sponsor for liability for its fueling operation, including fuel spills and environmental contamination? b. Personnel Requirements. An aeronautical service provider's need for personnel will be dictated by the size of the airport and the public demand for aeronautical services. In all instances, an airport sponsor will be well advised Yo ensure that aeronautical service providers have sufficient personnel to run their operation safely and meet aeronautical demand for the services in question. Naturally, the personnel requirements will vary with the specific aeronautical service being offered. (1) How many fully trained and qualified personnel will be available each day and over what hours to provide aeronautical services? Will this reasonably meet the demand by aeronautical users? (2) Describe the training and qualifications of personnel engaged in the services provided to aeronautical users. c. Airport and Passenger Services. This is a necessary consideration in those instances where the airport has aeronautical service prodders engaged in handling services for air carrier and/or cargo carriers that do not provide their own support personnel on-site: 8/28/2006 AC 150/5190-7 (l) Provide a list of the equipment and services (both above and below wing) that will be provided by the aeronautical service provider, including ground power units, over night parking areas, towing equipment, starters, remote tie-down areas, jacks, oxygen, compressed air, tire repair, sanitary lavatory service, ticketing and passenger check-in services; office and baggage handling services and storage space. (2) What provisions have been made regarding passenger conveniences and. services? (a) Access to passenger loading bridges/steps, sanitary rest rooms, boarding hold rooms, telephones, food and beverage service, and other passenger concessions. (b) Access to concession and ground transportation services for the benefit of passengers and/or crewmembers. d. Flight Training Activities. On-airport flight training can be provided by the airport sponsor/owner or by a service provider, The minimum standards imposed on flight instruction operations should take the following information into consideration: (1) What type of flight training will the service provider offer? (2) What arrangements have been made for the office space the school is required to maintain under I4 CFR 141.25? What is the minimum amount of classroom space that the service provider must obtain? (3) Will flight training be provided on a full-time or part-fime basis? (4) What type of aircraft and how many wi11 be available for training at the on-airport location? (5) What provisions have been made for the storage and maintenance of the aircraft? (6) What provisions will be made for rest rooms, briefing rooms, and food service? (7) What coordination and contacts exist with the local Flight Standards District Office? e. Aircraft Engine/Accessory Repair and Maintenance. The applicant for an on-airport repair station is subject to several regulatory requirements under 14 CFR Part 145 Repair Stations. Depending on the type and size of the proposed repair station, the following questions may provide helpful guidelines: (1) What qualifications will be required of the repair station employees? Typically, the holder of a domestic repair station certificate must provide adequate personnel who can perform, supervise, and inspect the work for which the station is rated. (2) What repair station, ratings does the applicant hold? (3) What types of services will the repair station offer to the public? These services can vary from repair to maintenance of aircraft and include painting, upholstery, etc. AC 150/5190-7 8(28/2006 (4) Can the applicant secure sufficient airport space to provide facilities so work being done is protected from weather elements, dust, and heat? The amount of space required will be directly related to the largest item or aircraft to be serviced under the operator's rating. (5) Will suitable shop space exist to provide a place for machine tools and equipment in sufficient proximity to where the work is performed? (6) What amount of space will be necessary for the storage of standard parts, spare parts, raw materials, etc.? (7) What type of lighting and ventilation will the work areas have? Will the ventilation be adequate to protect the health and efficiency of the workers? (8) If spray painting, cleaning, or machining is performed, has suff dent distance between the operations performed and the testing operations been provided to prevent adverse affects on testing equipment? f. Skydiving. Skydiving is an aeronautical activity. Any restrietioit, limitation, or ban on skydiving on the airport must be based on the grant assurancethat provides that the airport sponsor may prohibit or limit aeronautical use for the safe operation of the airport (subject to FAA approval). The following questions present reasonable factors the sponsor might contemplate when developing minimum standards Yhat apply to skydiving: (1) Will this activity present or create a safety hazard. to the normal operations of aircraft arriving or departing from the airport? If so, has the local Airports District Office (ADO) or the Regional Airports Office been contacted and have those FAA offices sought the assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess whether safe airport operations would bejeopardized? (2) Can skydiving operations be safely accommodated at the airport? Can a drop zone be safely established within the boundaries of the airport? Ls guidance in FAA AC-90-66A Recommended Standards Traffic Patterns and Practices for Aeronautical Operations at Airports Without Operating Control Towers, 14 CFR Part 105 and United States Parachute Association's (USPA) Basic Safety Reguir°enrerats being followed? (3) What reasonable time periods can be designated for jumping in a manner consistent with Part 105? What experience requirements are needed for an on-airport drop zone? (4) What is a reasonable fee that the jumpers and/or their organizations can pay for the privilege of using airport property? (~) Has the relevant air traffic control facility been advised of the proposed parachute operation? Does the air traffic control facility have concerns about the efficiency and utility of the airport and its related instrument procedures? (6) Will it be necessary to determine the impact of the proposed activity on the efficiency and utility of the airport, related instrument approaches or nearby Instrument Flight Rules (IF'R}? If so, has FAA Air Traffic reviewed the matter and issued a finding? g. Ultralight Vehicles and Light Sort Aviation. The operation of ultralights and light sport aircraft are aeronautical activities and must, therefore, be generally accommodated on airports that have been ]0 8/28/2006 AC 150/5190-7 developed with Federal airport development assistance. Airport sponsors. are encouraged to consider some of the following questions: (1) Can ultralight aircraft be safely accommodated at the airport? Is guidance in FAA AC-90- 66A Recommended Standards Traffic Patterns and Pi°actices for Aeronautical Operations at Airports Without Operating Control Towers and 14 CFR Part 103 being followed? (2) Can all types of Light Sport aircraft be safely accommodated at the airport? (3) Will this activity present or create a safety hazard to the normal operations of aircraft arriving or departing from the airport? If so, has FAA Flight Standards reviewed the matter and issued a finding? (4) Will an FAA airspace study be necessary to determine the efficiency and utility of the airport when considering the proposed activity? 1f so, has .FAA Air Traffic reviewed the matter and issued a finding? h. Fractional Aircraft Ownership. Fractional ownership programs are subject to an FAA oversight program similar to that provided to air carriers, with the exception of en route inspections, The FAA has for a long time and under certain circumstances, interpreted an aircraft owner's right to self- service to include operators. For example, a significant number of aircraft operated by airlines are not owned but leased under teens that give the operator airline owner-like powers. The same is true for other aeronautical operators such as charter companies, flight schools, and flying clubs, which may not hold title to the aircraft, but through leasing arrangements, for example, retain full and exclusive control of the aircraft for long periods of time. The same is true of 14 CFR Part 91 Subpart K. Fractional ownership companies are subject to operational control responsibilities, maintenance requirements, and safety requirements riot unlike 14 CFR Part 135 operators. For additional information on fractional ownership, contact your local Flight Standards District Office. i. Other Requirements. When drafting minimum standards documents, airport sponsors may have to take into account other Federal, state, and local requirements. This includes Federal requirements and guidance by the Transportation Safety Administration (TSA) and the Environmental Protection Agency (EPA), state requirements such as aircraft registration (in some states) and local fire regulations. For guidance on matters such as these, .please contact the FAA's Airports District Office (ADO) in your area and/or state aviation agency. A listing of ADOs can be found at hitp~//www faa~ov/airports airtraffic/airports/regional euidance/. Information and contacts regarding state aviation agencies is available at http://www.nasao.ort*./. 2.2. THROUGH 2.5. RESERVED. 11 AC 150/5190-7 8/28/2006 APPENDIX L DEFINITIONS l.l. The following are definitions for the specific purpose of this AC. a. Aeronautical Activity. Any activity that involves, makes possible, or is required for the operation of aircraft or that contributes to or is required for the safety of such operations. Activities within this definition, commonly conducted on airports, include, but are not limited to, the following: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircrafr parts, parachute or ultralight activities, and any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. Activities, such as model aircraft and model rocket operations, are not aeronautical activities. b. Airport. An area of land or water that is used, or intended to be used, for the aircraft takeoff and landing. It includes any appurtenant areas used, or intended to be used, for airport buildings or other airport facilities or rights-of way, together with all airport buildings and facilities located thereon. It also includes any heliport. c. Airport District Office (ADO). These FAA offices are outlying units or extensions of regional airport divisions. They advise and assist airport sponsors with funding requests to improve and develop public airports. They also provide advisory services to the owners and operators of both public and private airports in the operation and maintenance of airports. See the FAA Web site for a complete listing of all ADO offices athttp://www.faa.gov/airports airtrafficlairports/regional uuidance/. d. Airport Sponsor. The airport sponsor is either a public agency or a private owner of a public-use airport that submits to the FAA an application for financial assistance (such as AIP grants) for the airport. In accepting an application for financial assistance, the FAA will ensure that the airport sponsor is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required of sponsors, which are contained in the AIP grant agreement and property conveyances. e. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The fueling facility may or may not be attended. f. Exclusive Right. A power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred either by express agreement (i.e. ]ease agreement), by the imposition of unreasonable standards. or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights, would be an exclusive right. g. Federal Airport Obligations. All referenoes to a Federal grant program, Federal airport development assistance, or Federa] aid contained in this AC are intended to address obligations arising from the conveyance of land or from grant agreements entered under one of the following acts: (1) Surplus Property Act of 1944 (SPA), as amended, 49 U.S.C. §§ 47151-47153. Surplus property instruments of transfer were issued by the War Assets Administration (WAA) and are now issued by its successor, the General Services Administration (GSA). However, the law imposes upon the FAA (delegated to FAA from The Department of Transportation} the sole responsibility for determining and enforcing compliance with the terms and conditions of 12 8/28/2006 AC 150/5190-7 all instruments of transfer by which surplus airport property is or has been conveyed to non- Federal public agencies pursuant to the SPA. 49 U.S.C. § 47151(b). (2) Federal Aid to Airports Program (FAAP). This grant-in-aid program administered by the agency under the authority of the Federal Airport Act of 1946, as amended, assisted public agencies in the development of a nationwide system of public airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport Development Aid Program (ADAP) of 1970. (3) Airport Development Aid Program (ADAP}. This grant-in-aid program administered by the FAA under the authority of the Airport .and Airway Development Act of 1970, as amended, assisted public agencies in the expansion and substantial improvement of the Nation's airport system. The 1970 act was repealed and superseded by the Airport and Airway Improvement Act of 1982 (AAIA). (4) Airport Improvement Program (AIP). This grant-in-aid program administered by the FAA wider the authority of the Airport and Airway Improvement Act of 1982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient nationwide system of public-use airports that meet the present and future needs of civil aeronautics. h. Federal Grant Assurance. A Federal grant assurance is a provision within. a Federal grant agreement to which the recipient of Federal airport development assistance has agreed. to comply in consideration of the assistance provided. Grant assurances are required by statute, 49 U.S.C. § 47101. i. Fixed-Base Operator (FBO). A commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction, etc. j. Fractional Ownership. Fractional ownership operations are aircraft operations that take place under the auspices of 14 CFR Part 91 Subpart K. This type of operation offers aircraft owners increased flexibility in the ownership and operation of aircraft including shared or joint aircraft ownership. It provides for the management of the aircraft by an aircraft management company. The aircraft owners participating in the program agee not only to share their own aircraft with others having a shared interest in that aircraft, but also to lease their aircraft to other owners in the program (dry lease exchange program).' A fractional owner or owner means an individual or entity that possesses a minimum fractional ownership interest in a program aircraft and that has entered into the applicable program agreements. For additional information, please see 14 CFR 91.1001 Applicability at http://www.access.gpo.eov/nara/cfr/waisidx 04/]4cfr91 04.html and contact your local Flight Standards District Office. k. Grant Agreement. A Federal grant agreement represents an agreement made between the FAA (on behalf of the United States) and an airport sponsor for the grant of Federal funding. I. Public Airport. Means an airport open for public use that is publicly owned and controlled by a public agency. m. Public-tile Airport. Means either a public airport or a privately owned airport open for public use. 3 A dry tease aircraft exchange means an arrangement, documented by the written program agreements, colder which progam aircraft are available, on an as needed basis without crew, t'o each fractional owner. 13 AC 150/5190-7 8128!2006 n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as single- , service providers or special FBOs performing less than full services. These types of companies differ from a full service FBO in that they typically offer only a specialized aeronautical service such as aircraft sates, flight training, aircraft maintenance, or avionics services for example. o. Self-Fueling and Self-Service. Self=fueling means the fueling or servicing of an aircraft (i.e. changing the oil, washing) by the owner of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and other self-services cannot be contracted out to another parCy. Self-fueling implies using fuel obtained by the aircraft owner from the source of hislher preference. As one of many self-service activities that can be conducted by the aircraft owner or operator by his or her own employees using his or her own equipment, self-fueling, differs from using aself-service fueling pwnp made available by the airport, an FBO, or an aeronautical service provider. The use of a self-service fuelingpump is a commercial activity and is not considered self-fueling as de5ned herein. hi addition to self-fueling, other self-service activities that can be performed by the aircraft owner with his or her own employees includes activities such as maintaining, repairing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the aircraft owner or his/her employees with resowroes supplied by the aircraft owner. p. Through-the-Fence Operations. Through-the-fence operations are those activities permitted by an airport sponsor through an agreement that permits access to the public landing area by independent entities or operators offering an aeronautical activity or to owners of aircraft based on land adjacent to, but not a part of; the airport property. The obligation to make an airport available for the use and beneft of the public does not impose any requirement for the airport sponsor to permit ground access by aircraft from adjacent property. 14 AGENDA KENA% CITY COUNCIL -REGULAR. MEETING JANUARY 3, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httg: //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) 1. Holly Highland -- Alaska Fire Training Facility (PRISM)/Use Alternatives ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~,-g-,~f~,~ fn 1. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, ~p,y "Telephonic Participation" to Emphasize Responsibilities of the C Member(s) Requesting Telephonic Participation of a Council Meetm 2. *Application for Liquor License Renewal -- The Rainbow Bar/B Dispensary. ITEM F: ouncil g. everage 1. 3. ITEM G: ~~~ / ITEM H ~-,D~I~.~7/-C~ 1. !N" ~ 2. *December 13, 2006 Work Session Notes *Regular Meeting of December 20, 2006. UNFINISHED BUSINESS ftk~,f /~~D/or~,r~- f/_ ~ py~,~~,'~,/ /aoK~ ,Fi'~'~T/~i>«.g F~~ih~ t~.e~i~ ~~r~sr~,.~- Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 MINUTES ~~~^~y4°~ 3. Approval -- Airport Terminal/Non-Exclusive Restaurant Concession Contract -- Sherry McBride and Teea McBride, d/b/a Kenai Cafe. ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Cornrnission 4. Library Conunission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Coxmnittee b. Alaska Municipal League Report YTEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk YTEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: AGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 17, 2007 7:00 P.M. KENAY CITY COUNCII. 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 fhe agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Dwight Kramer, Kenai Area Fisherman's Coalition -- Board of Fisheries 2008 Upper Cook Inlet Meeting. 2. Maya Johnson -- 4-H Congress Report 3. Kirk Louthan and Becca Ford, Captains, Kenai High School Cross Country Ski Team -- Ski Trails. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and SeftingflLLicexl~~ Fames. (Clerk's Note: Ordinance No. 2197-2006 was substituted, amended and postponed to January 17, 2007. The motion to adopt is actiueJ ~,~11~~ a. Substitute Ordinance No. 2197-2006 -- Amending HIvIC ~~~ ~~ u 3.20.020 and KMC 3.05.100 to Set new License Kennel and Impoundment Fees, Providing for the City to Send Notices to Dog Owners of Pending Expiration of Dog Licenses and Providing for Microchip Identification of Dogs. ~, . 2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use 1,~~~- of the City of Kenai Boat Launch, Located at the Municipal Harbor, to o Vessels and Boats Powered by Four-Cycle or Direct Injection'itvo-Cycle Engines. (Ordinance No. 2202-2006 was postponed at the December 20, 2006 meeting. The motion to adopt is active.) ~~ 3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, ,y. ~~~~ "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. (Ordinance No. 2203-2006 received a motion to adopt at the January 3, 2007 meeting and then was postponed to the Januan~ 17, 2007 meeting. The motion to adopt is active.) 4. Continuation of Liquor Licenses -PROTESTS ~-~ Amy Bowen, d/b/a One Stop Liquor ~1et,/~it.l~~~'n~- . Kings Inn Property Management LLC, d/b/a Mr. D's . . Alaskatanes, Inc., d/b/a Alaskalanes Bowling Center ~G~Gh ~ f'Pit~t,.f~~sa.ax-~. 5. *Transfer of Liquor License -- Upper Deck/Beverage Dispensary, Tourism -- From Corey, Inc. to Rosin Investments, Inc. ITEM F: MINUTES i. *Regular Meeting of January 3, 2007. ITEM G: UNFINYSHED BUSINESS ITEM H: NEW BUSINESS ~,g~~~ 1. Bills to be Ratified ' % /" 2. Approval of Purchase Orders Exceeding $15,000 Z',hf~q~,,~ 3. *Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue GG+~.u~;.~kg~ Fund and Increasing Estimated Revenues and Appropriations to Fund / Operations for FY2007. 4. *Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competitive Bidding. 5. *Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 6. *Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 7. *Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 8. *Ordinance No. 2209-200? -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Pian Requirements of the Kenai Municipal Code. 9. *Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. 10. *Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, and Setting Forth the Price and Other Terms and Conditions of Sale. i"~i<-~ i 1. Approval -- Consent to Assignment of Leases/Consent to Assignment of Leases for Security Purposes -- Kenai Golf Course/From Morgan Family Limited Partnership to Griffm Golf Enterprises, LLC. ,a/-aI,/sw 12. Discussion -- Under/Over-Voting Policy in ~~.~,. ~~ , 13. Discussion -- Supervision of City Clerk Position. ITEM I: COMMISSYON/COMMITTEE REPORTS 1. Council on Aging 2. Airport Conmiission 3. Harbor Commission 4. Library Commssion 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: L Citizens (five minutes) 2. Council -- None Scheduled ITEM M: ADJOURNMENT Lte~- lib ~~ vo c H .fl = o ~ U ~ Z O w Y j Q ~ ~ ~ o N ~ w ~4f ¢ ~ °o U LL N W !+ ++ h ® Z a0 N ~a Z ~ O w c O n to t~ O ~ W ~ ~` ~ V ~ v V n co .- v v m ~ n n v co co co r~ co ~ ~ ~ m ~ ~ r~ n ~n ~n co cn o rn ~n m in co rn rn OJ N W (0 ~ O O OJ N V' OJ N N N N v m v v m d' O') N M In d' m V W ~ V c0 O o~ N O ~ ~ ~ ~ ~ ~ ~ ~ ~ m r ] O co ui co iri ~ cfl ° of m co co m m m v o ~ ~n o o m co o v V O N N p d' p n V CJ (D d' rn O O n tf1 ~ V N r tO [O C+J W W b7 ~ V ~ M OJ CD co r~ o co r~ v ~,.~ n ~ m co rn d' V' W ~ O ~ M ch O O M co co co co r~ ~ r rn ~ n n n o o ~ m m n N V CO CO N n ~ rn w m n m o~ n v N n o ,- _ _ r c~ v_ r~ ~ ~n ~ v_ ~n ~ ca N co co co co o~ o co o co m o~ co o w co o~ rn o~ rn v n v co co o co o u~ ~.n n v ~ n ~rS uS Sri vi ~ti co of ~ ~S ~i ~i u~ ~ ~ c6 d ~ ~ ~ ~ N U O N -~ tL ~ ¢ ~ -~ -~ ¢ cn O Z ~ O i R n ~ C cC d i n O 7 ~ +' ~ O U! Q. C ~ h ~ N_ ~ R g ~ ~ .~ p Q C •~ a d ~ a n iY ~ D 'C V C t4 +r O i ~ ~ d ~ i i ~ ~ R A V i a. N R ~ ~ N "~ w U ~~'~6~ r ~ Q y1 X ~ ~ m ~ 0 ro ~ 'a c Q N m W O F O M r a ~ ~ o c h a ,~ c c U ~ Z ¢ O W Q Y j Q ~ o N d w Q ~ C Q V W N W ` R {d C ~" z 0 z o N - a~ ~Q z o ~ w ¢ a O co co V co in rn y~ 0 0 0 0 0 0 0 0 0 0 0 m tV ctl Q .-~ > U ~ ii ~ ¢ ~ -~- » ¢ cn O Z O c !C N O 114 0 N Q ~~ ~ O N R IQ '~ a C ~ d ~ Y ~ ~ v C R +~ O L ~L L L (~ N v L_ i t0 L ~ ~ _ ~U m~ ~a d 'x ~w m v c Q W 0 0 d rn n n' n N R F~- ~>tm~~ll ~~M~ II~ffc~~~nm~t~3®~ IIl~~ TO: Mayor, City Council Members, City Manager Rx Administration FROM: Bob Molloy n/~~ DATE: 02/09/07 ~T``~~ SUBJECT: Airport Cornmission's Recommendations on proposed joint Work Session At its 02/08/07 meeting, the Axport Cormmission discussed Council 02/07/07 Agenda Item H-8, Schedule Work Session/Kenai Municipal Airport Suppemental Planning Assessment, Phase 2 Report. After discussion, the Airport Corrunissioris recommendations are: 1. The Airport Commission would like to have the joint work session be scheduled for the Airport Commission s Thursday, April 12, 2007 meeting at 7:00 PM in Council chambers, with this discussion to be the only business item on the Commission's agenda for that meeting. Commissioner Zirul would like to participate in the joint work session but is out of state dining the week of the March 7, 2007 Cotmcil meeting that Council had been considering for the joint work session. 2. It will facilitate discussion if the City Administration provides a memo with rationales and discussion concerning the five consultant's (5) recommendations that Administration has determined not to implement, with the memo to be provided to Council and the Airport Commission sufficiently in advance of the joint work session for adequate time for consideration. 1-