HomeMy WebLinkAbout2006-03-16 Airport Commission PacketKENAI AIRPQRT COMMISS%ON
MARCH 16, 2006
KENAI CITY COUNCIL CIiAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
YTEM 3: APPROVAL OF MEETING SUMNiARY -- February 9, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
ITEM 6:
a. Discussion -- Airport Regulations/Recommended Changes
ITEM ?: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS
YTEM 9: PERSONS PiOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATIOPt YTEMS
a. Kenai City Council Meeting Action Agendas for February 15 and Mazch i,
2006.
b. 2/28/06 Airport Manager Report
c. 2/ 16/06 U.S. Coast Guard letter of commendation.
d. 2/06 Kenai Municipal Airport Enplanement Report
ITEM 11: ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO
ATTEN~ THE MEETING:
CAROI. -- 283-8231 OR,
REBECCA/MARY -- Z83-7951
xENai aixroRT commissaox
FEBRUARY 9, 2006
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
J.I V~
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
YTEM 3: APYROVAL OF MEETING SUMMARY -- January 12, 2006
ITEM 4: PERSONS SCFIEDULED TO BE HEARD
ITEM 5: QLD BUSINESS
a. Discussion -- Air Fair
ITEM 6: NEW BUSYNESS
ITEM 7: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS
ITEM 9: PERSONS NOT SCIiEDULED TO SE FYEARD
YTEM 10: INFORMATYON ITEMS
a. Kenai City Council Meeting Action Agendas for January 4 and 18, 2006.
b. 1/12/06 Airport Manager Report
ITEM 11: ADJOURNMENT
KENAI AIRPORT COMMYSSION
FEBRUARY 9, 2006
KENAI CITY COUNCIL CHAMBERS
?:00 P.M.
CHAIR EiENRY KNACKNSTEDT
MEETING SUMMARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called
confarmed as follows:
Commissioners present:
Commissioners absent:
Others present:
A quorum was present.
the meeting to order at appro~mately 7:01 p.m. Roll was
J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, D. Haralson
L. Porter
C. Versaw
Airport Administrative Assistant M. Bondurant, Airport
Manager R. Cronkhite, and Council Member R. Ross
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Bielefeld MOVED to approve the agenda as presented and
Commissioner Harralson SECONDED the motion. There were no objections. SO
ORDEREDe
ITEM 3: APPROVAL OF MEETING SUMMARY -- January 12, 2006
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of January 12, 2006
as presented and Commissioner Porter SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion -- Air Fair
A report was presented noting the following:
• The Air Fair will be held on Saturday, May 13, 2006.
• Breakfast will be at the Soldotna Airport from 8:00 -11:00 a.m.
• Barbecue will be held at the Kenai Airport in the afternoon.
• Other activities will include fun flight awazds, military appreciation, and
possible aircraft events.
Sponsorships are being sought.
David Machato, President EAA -- Spoke on general aviation and the Kenai Airport
and suggested rule exceptions allowing more fle~bility are needed.
Nelson Amen, 1508 Toyon Way, Kenai -- Stated he believed the Airport and facility is
great with lots of room for the air show. He added, both sides need to be fle~cible but
also be safety aware.
YTEM 6: NEW BUSYNESS -- None.
ITEM 7: REPORT
7-a. Commission Chair -- Chair Knackstedt reported the following:
• Soldotna Airport will be initiating a flat tasc as they are concerned lazge
aircraft aze leaving.
• Noticed the o1d Hertz property is for sale. Discussion followed whether
the airport should research acquiring the property.
MOTION:
Commissioner Haralson MOVED for the Airport manager to pursue re-acquiring the
property for the airport. Commissioner Zirul SECONDED the motion. There were no
objections. SO ORDERED.
9-b. Airport ASanager -- Airport Manager Cronkhite reported she was
researching T-hangazs, Quonset hut hangars, airport regulations, and the
Implementation Plan for the Supplemental Plan.
T-c. City Couacil Liaison -- Council Member Ross noted, council accepted
the Supplemental Plan and Implementation Plan. The actual changes wouid be a
matter of ordinance and would be approved one ordinance at a time. Ordinances
related to the Plans will be forwarded to the KEDS group, realtors, etc. for review and
comment prior to considering the ordinances.
Commission requested ordinances be forwazded to them for review and comment as
well.
ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS
Due to the Arctic Winter Games talcing place during the week of the March 9, 2006
regular meeting date, a request was made to change the meeting date to March 16.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
AIRPORT COMMISSION MEETING
FEBRUARY 9, 2006
PAGE 2
ITEM 10: YNFORMAT%ON ITEMS
10-a. Kenai City Council Meeting Action Agendas for January 4 and 18, 2006.
10-b. 1/12/06 Airport Manager Report
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Zirul MOVED to adjourn and Commissioner Haralson SECONDED the
motion. There were no objections. SO ORBERED.
The meeting adjourned at approximately 8:30 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
AYRPORT COMMISSION MEETING
FEBRUARY 9, 2006
PAGE 3
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FAX 907;2833737
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To: Airport Commission
From: Rebecca Cronkhite - Airport Manager (.~C
Date: March 9, 2006
Subject: Recommended Changes to Airport Regulations
Attached for your review are the recommended changes to airport regulations.
Consuitant Stephen Pavish has provided comments within the document. City
administration has not completed their review of these recommendations; however,
because it is a sizable document it seemed prudent to have Commission begin their
review as soon as possibie.
During the meeting Commission may wish to discuss some of the items however all
recommended changes must be emailed to the Airport Manager. Commission
recommendations wiil be incorporated into the final draft for Commission and Council
review. The final draft wiil also include administration recommendations.
www.ci.kenai.ak.us.
nnunicipai sairport
Kenai Municipai Airpart Regulations
Recommended Changes
December 2005
Consultant Notes: in this document, recommended regulation changes are shown in
MS Word Track Changes format, with additions underlined (underlined) and deletions
crossed out(sfessed-et~).
When the need for a recommended regulation change isn't readily apparent from the
text or conte~ct, a brief explanation is inciuded in (Italics) following the proposed
amendment.
Except as explained in the following paragraph, all references to the Kenai Municipal
Code (KMC) and City Ordinances refer to the existing KMC and ordinances.
If the City adopts our recommendation for consolidating all airport-related KMC
provisions into a singie chapter, all of the code references in the airport regulations will
have to be amended accordingiy. Some of the following regulation changes are based
on new additions to the KMC we are also recommending. The finai citations for these
recommended KMC additions are unknown at this time. So, whenever it is necessary in
these regulation changes to include a reference a recommended new KMC provision,
the citation is indicated as "KMC 00.00".
In many places throughout the existing regulations, City ordinances are referred to as
the "City of Kenai Code of Ordinances". In other provisions of the regulations "Kenai
Municipal Code" or "KMC" is used. Within the ordinances, themselves, the body of
ordinance law is referred to as the "Kenai Municipal Code". !f the latter is the correet
citation, then the former should be corrected tnroughout these regulations.
Stephen L. Pavish
Northern Horizon Co.
ee>xa~xexweee<et~wwwwttt:tx~t+c+rrexctre~kfrvewr~tr~eto+e
Chapter 1.05
AUTHORITY
Section:
1.05A10 Authority
( 1.05.010 Authority.
(a) Under the authority granted in Alaska Statutes, and pursuant to the provisions of
Ordinance 48, Section 4, and KMC 21.05.030 of the Code of Ordinances of the City of
Kenai, the following regulations are hereby promuigated governing the conduct of all
persons visiting or using the facilities of the Kenai Municioai Airport and all vehicles,
structures, property and aircraft on the Airport Reserve~ises. The pena(ty for
violation ot any Airport Regulations shall be as prescribed in the Kenai Code of
Ordinances, uniess otherwise provided herein.
(b) These regulations also govern the conduct of all persons fiying within a five mile
radius of the Keaa~Airport unless exceptions are specifically provided in the Federai
Aviation Agency Regulations, or unless the Airoort Manaqer authorizes exceptions not
in conflict with the Federal Regulations, _
(Res.91-20)
Chapter 2.05
DEFINITIONS
Section:
2.05.010 Definitions.
2.05.010 Definitions.
Whenever used in the regulations of the Kenai Municipal Airport, the foNowing terms
~ snall have the meanings given below, uniess the context repuires otherwise: (A qualifier
like this is needed because a defined term may occasionally be used rn a generic
sense. For example, "airport" in the NOTAM definition is a generic reference. It doesn't
~ mean Kenai Municipal Airport.)
(a) "Air Carrier" means a person enqaqed in the transportation ot passenqers or carpo
in air commerce for compensation•
(a~ "Aircraft" signifies any contrivance now known, or hereafter designed, invented, or
used for navigation or flight in the air, except parachutes and other contrivances used
primarily as safety equipment.
{c) "Airport" refers to the Kenai Municipai Airoort includinq ail the runwavs taxiwavs
aprons, water lanes, water taxiwavs and all Citv-owned reai estate ~ocated within the
boundanes of the Airoort Reserve. (Using the unmodified word "Airport" throughout the
regulations simplifies phrasing and eliminates the multipliciry of terms used in the
existing regulafions when referring to the airport, such as Kenai Municipal Aiiport, Kenai
Airport, Kenai Field, Airport, etc.).)
I Lb) "Airport Manager" refers to the official to whom the City Manager of the City e#
Keaai-has defegated the authoritv and responsibility of managing and directing the
2
activities of the-tWaaisi~at Airport,
."Airport Manaqer" includes that qerson's authorizad '
representative. (The accountabifity phrase adds nothing to the definition. The relative
level of accountability between a given airport manager to a given City Manage~ doesn't
help the public identify who is in charge of the airport. And, common sense provides
that a person to whom aufhorify is delegated owes accountability fo fhe person who
gave the delegation, unless the delegation document says otherwise. If there was any
doubt about fhaf, 3.05.010(a) eliminates it by making it clea~ that Airport Manager
decisions are subject to appeal to the City Manager.)
(e) "Airport Reserve" refers to the Kenai Municipai Airoort Reserve as defined in KMC
00.00.
(fs) "Aviation Operator" refers to any person or organization engaged in business of an
aviation nature having authority to conduct such business at the AA~+sipal-Airport by
virtue of a contract or lease with the City~a+. (Note: this definition would exclude a
transient commercia! air carrier because they would not have a"contract or lease with
the City", In fhe single regulation where this term is used (4.05.01 ~(b)j, 1'm not sure
you'd want to exclude a transient air carrier from lending aid (notwithstanding my
adverse comments in my note to 4.05.010(b).)
I(gd) "City" shall mean the City of Kenai, Alaska.
(he) "City Manager" refers to the official to whom the Kenai City Council has delegated
the responsibility of managing and directing all activities of the City-a#~4e~a3.
(i) "CMGTW" means the certificated maximum gross takeoff weiqht of an aircraft as
established bv the Federai Aviation Administration.
(j~ "AifpQlt Employee" refers to any person employed by the City-e~Keaai and acting
under the supervision and direction of the Airport Manager. (Whenever "employee" is
used in the existing regulations with the meaning expressed in this definition, it is
always p~eceded by "Airporf". The only time "employee" is used alone it does not refer
to a Cify emp/oyee wo-lcing at the airport So, it seems much less confusing to make
this speciai definifion apply only to "Airport Empioyee".)
(kg} "Field Area" is that area within the Airport Reserve
M~ais+qal-A+~e~ that the Airoort Manager designatesd for. or restricts to, use by aircraft
oniy, ' , ,
Q~) "Fire DepartmenY' refers to aay-eFa~lsyee~€the City of Kenai Fire Department-ef
3
(Nowhere in the regulations is `fire departmenY' used to mean an employee or
representative. It is only used in its agency sense.)
(m f) "Fuel Tender" refers to any motor vehicle. trailer or other mobile contrivance used
for the transporting, handiing or dispensing of gasoline, kerosene, oil or other fuel or
lubricant.
~(~) "Heavy Aircraft" refers to any aircraft weighing 12,500 pounds or more.
((ok) "Light Aircraft" refers to any aircraft weighing less than 12,500 pounds.
.(The term, "mobile equipmenY', does not appear in
the existing regulations.)
(pa~) ""Motor Vehicle"° refers to any self-propefied contrivancevek~isle, other than anae~
}as4adir~g aircraft, upon or bv which a oerson or prooertv mav be transported or
drawn . ("Contrivance" more specifically
refers fo something mechanical than does "device".)
(gr~) ""Movement Area"" refers to the runways, taxiways and other areas of the Airporta~
a+r~er# which are desiqnated bv the Airport Manaqer~ed for the taxiing, takeoff and
landing of aircraft, exclusive of loading ramps and parking areas.
~~ ~~„ •
~~--=` _ .
~ ' . (This definition seems
unnecessary, given the definition of "Airport" above and the fact that the City operates
only one airport.)
~(rp) '-'_'NOTAM"" signifies an abbreviation for "°Notice to Airmen,"_' pubiished and
distributed
to pilots and others concerned with aeronautical operations calling attention to special
airport or flying restrictions or canditions.
~(sq) "_`Person'-'" refers to any individual, firm, partnership, corporation, company,
association, joint stock association or body politic and includes any trustee, receiver or
assigned representative thereof who will be responsible to adhere to any restrictions,
limitations or rignts covered within these regulations.
(tf) '-"'Police Officer'-"' refers to an afly-employee or authorized agent of the City of Kenai
Police Department havinq law enforcement authoritv +~ '~+ +
.("Police is used in only two places in the existing
regulations. In both places, the context of the regulation does not appear to extend
beyond the Kenai Police Department or City Police o~cers.')
4
(us) "'_Public Area"" refers to that space on the ~
~a4 Airport in which access bv members of the qeneral public is not qrohibited
includinqdeveted-ts roadways, walkways, designated parking or service areas of airport
structures, inciuding both municipal and lessee buildings, and ~#a~areas occupied and
used by airport concessions for serving the public. (Ord. 316) (The need for fhis
definition isn't immediately apparent to me because the defined phrase isn't used
anywhere in the regulations. If there is some other legal need to include a"Public Area"
definition here, 1 recommend the wording be clarified as indicated. Otherwise, the enfire
definition should be deleted.)
closes to reqular access bv the penerai pubiic for safetv or securitv reasons.
Chapter 3.05
AIRPORT MANAGER AUTHORITY AND RESPONSIBILITY
Sections:
3.05.010 Airport Manager Authority and Responsibility
3.05.020 Appeal of an Airport Manaqer Decision or Order
3.05.010 Airport Manager authority and responsibility.
(a) The Airport Manager-er-q+s
^„Fti^~;,°a •°^~°°°^*^«'.,° is authorized by the Citv to enforce comQliance with AirQOrt
regulations,
. All persons on aay-~a~#-e#~e
the Airport shall be governed by the regulations of the Airport
pfess~+~°~~ and bv al1 ~~-orders and instructions issued by the
Airport Manager under the authoritv of the regulations. A person who disautes the
enforcement of an Airport Manaqer order or instruction mav apqeai to the Citv Manaaer.
(In light of the revised "Airport Manager" de~nition, the last ha/f of the first sentence is
redundant and unnecessary. The revisions to the ~rst ha/f of the first sentence
eliminated passive voice.) (The changes at the end of the second sentence delete some
archaic legal language and make Airport Manager decisions under (a) subject to appeal
just like those under (b), be%w. l couldn't think of any reason why a decision under (a)
should nof be subject to ap~Oeal.)
(b) In the event of any contingencies not specifically covered by these regulations, the
decision of the Airport Manager shall be final, subject to appeal to the City Manager.
(c) In addition to the Airport Manaqer. members of the Citv Police and Fire
Departments, are authorized, within the scope of their resqective
iurisdictions. to require compliance with these regulations. No authority is either hereby
expressed or implied, however, that would permit any individual or agency other than
the City to change, amend or mitigate these regulations. (As written in the existing
regulations, the iirst sentence of (c) makes no sense to me because the Airport
Manager's enforcemenf authorify is already c%arly granted in (a) &(b). The amended
wording is perhaps what was infended. f added the "scope" limitation because the Cify
shouldn't give a fireman or patrol o~cer all of the same authority the Airport Manager
has to enforce every regulation, such as issuing NOTAM's, authorizing people to access
restricted areas, efc. This kind of blanket delegation of enforcemenf autho~ity to non-
airport agencies exposes the City to signifrcant liabilities in an aircraft disaster situation.
if's not hard to imagine the financial impact on the City if the Airport Manager, the
police, and fire personnel gave conflicting orders in a crash situation. Or, the impact of
a person being injured as a result of an order given by a police officer or fireman thaf is
later demonstrated to be improper under FAA regulations or airport industry besf
pracfices. l'm not even sure the "scope" addition completely solves the problem. lt
would be best to spell out the specrfic sections of the regulations that the Po(ice and
Fire Department personnel can enforce.)
(On the other hand, if the infent of the exisfing sentence was to grant police and fire
enforcement powers to the Airport Manager, it was extremely ambiguous and needs to
be completely rewriften.)
(d) The Airport Manager may remove or eject from the Airport ~r~ises-any person who
violates any repuirement of these Airoort regulations-set-€e#q-Fr~
t#is-~es~+aier~ or any order or instructions issued by the Airport Manager under the
authority of these regulations, and kae may deny use of the Airport and its facilities to
any such person if the Airport Manayer#e determines that thesaF# removai, eiectment.
or denial is necessary to maintain the safetv or securitv of the airoort ~^~'a„a~;-t~
sFrs~.~a+~ses._{The use of "knowingly and willfully" puts a heavy burden of proof on
the Airport Manager. A drunk wandering around on a taxiway may not be there
"willingly or knowingly'; but the Manager should still immediately remove him from the
airport. l think it would be better to drop the "willingly and knowingly' and authorize the
manager to remove people who violate the regulations when he or she determines that
course of action rs in the interest of airport safefy or security.)
3.05.020 Aapeal of an Airport Mananer decision or order
fa) A person who is adverselv affected bv a decision or order bv the Airport Manaqer
__.. -----~._ .~_ ,,.~...---- ~ . . .
calendar davs after the date on which the Airport Manaqer's decision or order was
mailed or qiven to the person makina the aqpeai
{b) The Citv Manaqer's decision in an appeal of an Airport Manaqer's decision or order
shall be in writi~q and qive the reasons for the Citv Manaqer's approval or denial of the
appeai•
(lf appeals of Airport manager decisions / orders are allowed, it's importanf that both the
appeal and the City Manager's decision on the appeal be in writing. IYs aiso important
that City maintain a file of all correspondence regarding appeals. Keeping everything in
writing establishes a record with which the Cify can respond in the event an airport user
protests the City's actions to the FAA or initiates litigation in courk The 30-day time limit
in (a) prevents appeals from being filed months afterthe fact. A 30-daylimitation on
appeals is used in the state's airport regulations (17 AAC 45.910) and is fairiy common
amorag the rules of other airport operators.)
Chapter 4.05
AERONAUTICAL ACTIVITIES
Sections:
4.05.010 Aeronautical Activities.
4.05.020 Airnort Manaqer's authoritv over aeronautical activitv.
4.05.010 Aeronautical activities.
(a) A qerson who enpaqes in anv Aaeronautical activityies onaf the Airport; oraad
operates an-~~+ag-e# ai~craft departing from or arriving in the airspace above the
Airport shall compiv with
Federal Aviation Agency Regulations and orders issued by that apencv's~e Regional
Director or FaciOities Chief at the Kenai Airport .(/
don't suppose it hurts anything to keep it, but this entire provision seems superfluous.
A!I aeronautical activities that are subject to FAA oversight and regulation are, indeed,
subject to FAA oversight and regulation, regard/ess of where those activities take ptace
and regardless of whether or not an airport operator's regulations say so. But, if the
City has some reason for wanting to retain this provision, 1 recommend it be edited as
shown.)
(The phrase "not in conflict with said regulafions" requires every airport user to do a
lega/ analysis of the order vs. the regulations. As written, a person who complied with
an FAA order would be guilty of violating fhis regulation, if the order was subsequently
found to be invalid! An airport user's compliance should not be based on thei~ personal
opinion of whether or not the FAA o~cia/'s order conforms to the regulations. An
order's conformance with FAA regulations may an appropriate subjecf for /ater dispute
orlitigation, but not at the moment the circumstances subject to the order occur.)
7
(b) In the event that any person exhibits anstaaA-sbew intent to board and/or operate an
aircraft while he is physicaily incapacitated or mentally irresponsible by virtue of
intoxication or the effects of drugs, or if any person s+~ala-attempts to board or operate
an aircraft illegally, it shall be the duty of the Airport Manager, Airport employees and
Aviation Operators to restrain in any manner necessary such person from performing
such activities.
(It seems fo me that making it a"duty" for an Aviation Operator or any other individual
who is not a City employee to "restrain in any manner necessary" exposes bofh the City
and the Aviation Operator to significant liability. lf the Aviation Operafor fails to
su~ciently restrain the person and damage or injury occurs, the Operator could be
found liable (for failing to exercise his duty under these regulations). On the other hand,
if the Operator uses excessive force to fulfill his duty to restrain, the City could be liab/e
for giving the Operator authority to restrain "in any manner necessary". Beyond all that,
given the broad definition of "Aviation Operator'; a mechanic called in to work on an
engine and the driver of a truck delivering fuel to the aircraft have the identical duty to
restrain as the aircraft operator's flight crew and ground agents.)
(The genera/ idea of preventing illegal o~ irresponsible behavior sounds good, but / don't
believe it can be accomplished by giving an Aviation Operator the same duty (and,
therefore, fhe same authority) as a City official or employee. Nof knowing the full scope
of liability law that might apply here, l hesitate to suggest a specific solufion. The City
Attorney should examine this subject carefully.)
(c) A person who witnesses a violation of these Airport requlations~#e~ever~y
, shall
tra~sgfess+sa-te-promptlv report the vioiationsasl~-as~ to the Airport Manager
~ ~ '' .(It its existing form, this provision is very poorly
wriften. 1 assume the City would like anvone who witnesse,s a vrolation fo report it.)
(d)
" . (Since this
provision relates on/y to the dissemination of information and not fo the issuing of
orders, if serves no real purpose. The Airport Manager doesn't need the aufhority of a
regulation to merely share information with airport users.)
(e) If#a-t#~e-eve-~~ the Airport Manager believes the conditions of the Airport or anv
portion of the Airport iste-be unsafe for aircraft operationsiar~diageFtalce-e€€, the Airoort
Manaqeri# shall issue a NOTAM closing the Airport or portion
of the Airport to aircraft operations. When the Airport Manaqer determines that the
Airport or closed portion of the Airoort has returned to a condition permittina the safe
8
o~eration of aircraft ' , the Manager shallwa4{ issue aaaet#~e~ NOTAM
reopeninp the Airport or portion of the Airport to aircraft oqerationste-t~a#-e#esE.
(~ AAa1 disabied aircraft and a~parts thereof on a movement area of the Airport
shall be promptly removed from the movement area~~ by the
owners of the aircraft unless applicable law repuires. or the Airport Manaqer or other
person havinq iurisdiction orders, thesas# removal ' to be delayed
pending investigation of an accident.
(g) The movement area designated bv the Airport Mana4er as the "Grass / Ski Strip"
shall be
~, open only during the hours of operation of the Air Tra~c Control Tower;~
as
(2) ciosed to touch and go operations;-s#a41-be ^~;,;,m~-
(3) closed to use bv heavv aircraft;
(q)- (4) seasonallv oqened and closed bv NOTAM issued bv the Airport
Manayer; .
{i~ (5) when ooened to wheel-equipped aircraft, restricted to use bv -B~eFaE+er~s-ea
' ~' ' aircraft equipped with taii wheei
landinq gear and ea~s+~e; tundra-type tires:: and (! don't think "outsize" adds
anything, except some confusion. Does it mean tires bigger than "normal" tundra tires
or just big tires that some refer to as "tundra tires"?)
~ (6) when opened to ski-equipped aircraft, restricted to use bv-9~eFa#+ar~-ep-Nae
ski-equipped aircraft .
(h) A person who brinqs an aircraft onto, or keeps an aircraft on the Airport does so at
the person's own risk with respect to the securitv, maintenance, and operation of the
aircraft. (From DOT&PF regs, 17 AAC 45.030(d).)
(i) No person shall abandon an aircraft anvwhere on the Airoart.
(j) An aircraft that the Airport Manaqer determines is abandoned or derelict on the
Airport shail be subiect to impound under and removal bv the Citv under 6.05.065 at the
expense and risk of the owner of the aircraft.
45.020(g).)
(Ord. 489, 500)
(Based on 17 AAC
4.05.020 Airport Manaqer's authoritv over aeronauticai activitv.
9
Except in an emerqencv when safetv dictates or upon arior approval of the Airport
Manaqer, aircraft oAerations on the Airport are confined to desiqnated runwavs water
lanes. helipads, taxiwavs taxi lanes aprons and aircraft parkinq areas When the
Airport Manaqer determmes ~t is necessarv for safe and secure operation of the Aimort
4L~ A. ~A ~ ~ .
parkinq area on the Airoort. The AirQOrt Manaqer shali limit the use time tvqe weioht
dimensions and number of aircraft allowed to use an aircraft arkin area when the
manaqer determines that the limitation is iustified bv the desiqn safetv maintenance or
nncra+v~n ni64........1.~......~.... .._aL_ n:___1 -ri_ . .. . '"
manaaer shali qive notice of the manaqer's orders limitations and aircraft ooeration
seqreqation decisions under this section bv
(1) postinq in the affected areas of the airport• or
(2) issuinq a NOTAM
(Based on 17 AAC 45.030(b)
Chapter 5.05
VEHICLE OPERATION AND REGULATIONS
Section:
5.05.010 Vehicle operation and regulations.
I 5.05.010 Vehicle operation and regulations.
(a) No person shali operate aaa~ motor vehicle on the Airport in anv manner
othere##eauise than in accordance with the Airport requlatio~s rules prescribed by the
Airport Manager~ and other a~li~a~le-laws appiicable to the operation of motor
vehicies
(b) No person shail operate any motor vehicle in areas designated for the use of aircraft
without the ~ Airport Manager's prior
permissionef~ise.
(c) AAIe person thatsqaJ~aper.ate o erates anv kind of motorized equipment ef-a~+ad
on the Airport must be in possession of a valid ooerator's license current and issued in
the name of the oerson, repuired bv law for the tvpe of motorized epuipment beinq
operated .(Based on 97 AAC 45.080
(9))
(d) No person shall operate a motor , vehicle in aaRy hangar
on the Airport without an exhaust svsteme~f-iaas~s protected by a screenssreeas~--eF
10
baffie-k~a#les, or other device to prevent the escape of sparks or the propagation of
flames. (Is this requirement obsolete? Something not already covered by the loca/ fire
code? Actually enforoed?)
(e) No person shall operate a motor vehicle of any kind on the field area in a reckBess
manner or in excess of the speed limits prescribed by posted signs. In the absence of a
posted siqn, the speed limit a~ee~-lia~its-shal! be
, fifteen (15) miles per hour in all apron,
ramp, aircraft parkinq and hanqar areas, and twentv-five (25) miles per hour in all other
portions of the field area , , .
(~ Except in the case of an emerpencv, noNe person shall operate a motor vehicle in
the fieid area contrary to the directions of posted signs,
(The difference between "emergency" and "extreme emergency' is foo subjective and
subject to debate.)
(g) No person under the influence of intoxicating liquor, depressant, hallucinogenic,
stimulant or narcotic druq~gs, shafl operate a motor vehicle on the Airport roads or
fieid area.
(h) The driver of any vehicle operated in the field area must at all times comply with the
lawful ordersefdeF, signals, andef directives of the Airport Manaqer a~a, ~~~~
,' a Police ~eatofficer, ande~ FAA Control Tower
qersonnel.
(i) During daylight hours~ all vehicles, , authorized to
operate on the fieid area~iet~ without a two-way radio, shall be either painted chrome
yellow or display a checkered flag not less than two~ feet (-~}-square of international
orange and white, with checks at least eight inches square. Befinreen the hours of
sunset and sunrise, such vehicles shall display an overhead flashing red light, which
shall be visibie from all directions and of sufficient brilliance to be seen under clear
weather for a distance of at least one mile with the naked eye. (Are these requirements
still being enforced? Do you ever let vehicles w/o a radio enter the field area?)
Q) Emergency conditions existing on the field area wiii not suspend or cancel any
existing regulations. During an emerqencv in the field areas~sq-sea~i~ieris, no motor
vehicle operator shalt
move his vehicle in any direction unless specifically authorized to do so bvsieafed-~
the FAA Control Tower. (What happens if the emergency occurs when the tower is
closed?) (The first sentence seems to have wider application than jusf motor vehicle
operations. lf the City means it to have fhat broad application, it seems like it should be
moved to 1.05.010. /f it is infended only to apply to vehicte operations, the sentence
shou/d be reworded to clearly apply only to the motor vehicfe regs.)
11
~(k) All motor vehicles shall be equipped with, and use head~amps-t~ead-la~s, rear
lamps, stop signal ~amps, and other lights as required in the City of Kenai Traffic Code.
~
(I) No person on the Airport shail
j~clean vehicles, engines, tools, or other eauipmentets-, by use of
flammabie~able material~; (Really?! No degreaser? No carburetor cleaner? Is
this actually enforced? Seems like it would be virtually impossible to enforce wrth any
uniformity. Isn't the local fire code good enough?)
~j,-ef repair motor vehicles anywhere in the field area other than in an area
desipnated for that purpose bv the Airport Manaqerd~~;~u u,~a,, except for#~tese
minor repairs necessary to remove such vehicle from the fieid areaA+~e~~, or
~ move, interfere with, or tamper with any motor vehicle
part, instrument, or tooi thereof, without the permission of the vehicle owner, or a work
order or other written authorization~ siqned bv the
vehicle owner satisfactorv andte-de~e-da~~ presented to the Airport Manager.
(m) (Repealed, Ord. 879)
(n) Any vehicle without radio that has been permitted to operate inea the fieid area
shallw+41 not proceed closer than sevenry-five ~feet {~'}-from the edge of the
runway, nor cross any runway, prior to being cleared by the FAA Control Tower._(This is
kind of a puzzle. How does the tower "clear' a vehicle that doesn" have a radio? /t also
infers that a vehicle with a radio wouldn'f need clearance. Really?)
(o) No vehicle shall be operated on the Airport if, in the iudqement of the Airoort
Manaqer, it is so constructed, equipped, or loaded as to endanger persons or property.
' ~.(I don't know about Kenai's fire code, but I J
don't believe `positively grounded" works anymore. If the truck is grounded and the
ai~craft is not, the grounding just makes fhe fruck and fuel hose better static spark
conductors. Also, the subject of fuel tanker/aircraft bonding is better placed in Chapter
11.05 wifh the other fuel requirements. l put an altematively worded e%ctrical bonding
provision in 11.05.)
Chapter 6.05
Aircraft and Vehicle Parking
Sections:
6.05.010 Motor vehicle parking.
6.05.020 Short-term parking area.
6.05.030 Limited long-term paeking.
6.05.040 Reserved parking.
~ 6.05.050 Motor vehicle limpound RFese~+t~e.
12
6.05.060 Lonq-term ~4aircraft paeking.
6.05.065 Aircraft impound. '
6.05.070 Transient aircraft ap rkinq.
6.05.080 Aircraft parkinq on leaseholds.
6.05.090 Seasonai ramp permit.
6.05.d10 Motor vehicle parking.
(a) No person shall park a motor vehicle in an area designed for moving traffic or in an
area where motor vehicle parkinq is prohibited.
~+~-
(b) No person snall park a motor vehicie on the ramp without permission of the Airport
( Manager. . ("ramp" needs
clari~cation or different terminology shou/d be used. is this a reference to the terminal
entrance curB area, the terminal aircraft parking apron, or what?)
(c) No person shail park a vehicie on Airport Drive, Terminal Loop e, xcept~e-er~4y
exsept~efl-te~t#is-is temporariiv in the areas mariced for "Loading and Unloading Only,°'
"Handicapped Lloading and Unloading," "Taxi Cab" and "Tour Bus Loading and
Unloading." The loading eal~area on the terminal buildinq side of Terminal Loop~e
lee~ is restricted to use bv motor vehicles temporarilv aarkedste~ solelv for the
purpose of-Ee actively loading or unioadin airiine passengers and baggage. Raf#~iag-t's~
(d) No person shali park or leave an unattended vehicle having exposed or uncovered
refuse, bagged or not, in the open bed of a vehicie or traiier in a condition which
subjects the refuse to being removed or strewn about by animals, birds, or wind
. . . . .{Ord. 461, Res. 91-20, 91-41,
Amendments by City Manager 5/18/05)
(If the KMC, which is superior to the regulations, provides for penalties and authorizes
the Airport Manager and certain other airport employees to issue citations, it seems
unnecessary to restate all that here in (e).1
6.05.020 Short-term paeking area.
~
13
The Airport Manager shall designate an area or areas on the Airqort for short-term
motor vehicie parking. A person who parks a motor vehicie in a
short-term oarkinq area t"'„,~-a;~ shail compiv with the Airoort requlations and the
conditions fees and time limits ^* !.".° ~:^,~_ ~~*~..,.:,,~~ osp ted by the Air ortf,it~
Manager. V ,
. ,
. The fees
I charqed for use of short-term oarkinp shali be those soecified in Chapter 13 05 Failure
to pay the required fee shali be a violation subject to the penalties provided in KMC
13.05.010 and 13.10.015. (Since the short-term / pay pa~king program is already in
place, the senfence requiring the City Manager's concurrence to establish the fee
system in now supertluous. Setting the time limits for parking lot use should be an
Airport Manager duty in the regs. Since the Airport Manager works under the City
Manager, everything the former does is subject to the latter's concurrence in one way or
another. But, fo avoid conflict and confusion over the enforceabrlity of the parking fees
and rules, the regulations should identify a srngle o~cial (in this case, the Airport
Manager) as the authority.)
(Ord. 461, Res. 91-20, Amendment by City Manager 5/18/05)
6.05.030 Limited long-term parking.
The Airport Manager shall designate an area or areas on the Airport for long-term motor
vehicle parking. A person who parks a motor vehicle in ' a
lonq-term parkinqt#aese areas, shail compiy with the Airoort repulations and the
conditions, fees and time limits oosted bv the Airport Manaqer A oerson who desires to
reqularlv park a vehicie in a lonp-term parkinp area mav repuest an annual lonq-term
parkinp qermit from the Airport Manaqer The fees charped for use of lonq-term parkinq
shall be those specified in Chapter 13.05.
~ ~ . Failure to pay the required fee shail be a
violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. (Ord. 879,
Res. 91-20, Amendment by City Manager 5/18/05)
(My comments regarding 020 also apply here. I deleted the 30-day parking limit
because I understand the airport issues 1-year permits for long-term parking.)
6.05.040 Reserved parking.
The Airport Manaqer mav designate ~resenred parking areas
' ' in a lease or ermit. '
~est+r~e~afe When ciearlv posted bv apqropriate siqns reserved parkinq areas areaa~
14
closed to~ava+la~le-#ar motor vehicle parking bv the general public-par~iag. A
~fek~i6les-se vehicle parked in a reserved area without the authorization of the lease or
permit holder may be s~jes~-~s impounded by the lease or permit holder acting in his
own behalf. (Ord. 461)
6.05.A50 Motor Vehicte Impound-{~-~esedafe.
A motor vehicie parked in violation of Chapter 6.05 shall be subiect to impound, at the
vehicle owner's expense and risk, under KMC
12.25. (Ord. 879)
~ 6.05.060 ~onq-term Aaircraft parking.
{ai-No person shall park an aircraft, for the purpose of remaininq indefinitelv, in any area
eaof the aAirport other than
(a) on the premises of a land lease where aircraft parkinq is authorized bv the
Citv and where the lessee has qiven the person permission to park the person's
aircraft: or
(b~ in an area designated~esc~+bed by the Airport Manager for the lonq-term
parkinq of aircraft of the size and tvpe the person desires to qark, subiect to the
pavment of the applicabie fee saecified in Chapter 13.05.
." (This is an odd provision, being enclosed in quotation
marks as it is. ln any event, specific parking locafions should not be designated in
regulations because the regulation amendment process is too slow and inflexible to
accommodate the need for occasional / seasona/ changes in parking area
designations.)
( 6.05.065 Aircraft impound.
(a~) An Aaircraft aq rked in violation of Airport repulations~est~~~6-85:868 may be
impounded at the discretion of the Airport Manager~.
asseaa~l+sl~ed~
,~affixing a seal or ta to the door of the aircraft;
(2) a~xinq a lockinq device on the propelier of the aircraft:'or
~ Nae-moving s#-the aircraft to an impound location determined bv the Airport
Manaae .
15
I(b) Ali aspects of the impound process. includina anv damaqe to the impounded aircraft
and anv ~inconvenience to the aircraft owner, shali be at the sole cost and sr-~a~e
risk of the aircraft owner.
(c) The Airport Manaqer shali not release an impounded aircraft to the owner unless the
owner redeems the aircraft bv pavinq
(1) The impound fee specified in Chapter 13.05:
(2) The dailv impound storaqe fee specified in Chaoter 13 05~ and
I3~ The Citv's actual cost of towinp or otherwise relocati~q of the aircraft
includinq leqal and administrative costs.
. ,
(d) AnAN impounded aircraft tharivl~ic#~-afe is not redeemed bv the owner within ninety
days after the date on which the aircraft was impoundedaaea~ shall be considered
abandoned and shali be subject to sale bv the Citv at public auction. Notice of any
auction shall be published. in a newspaper of generai circulation in
the C~yti tlaat-a~ea-#e~ at least once during each of three consecutive weeks. The first and
last appearances of the published notice shall not be more than thirty days nor less than
seven days, respectivelv. before the time set for e~the auction.
(Ords. 316, 461, Res. 91-20)
6.05.070 Transient aircraft parkinq.
ta) The operator of a transient aircraft shali park the aircraft only in an area on the
Airport desiqnated bv the Airport Manaqer for that purpose and for the size tvpe or
weiqht of the aircraft.
(b) Unless the Airport ManaQer qives qermission otherwise no person shafl qark an
aircraft for more than ten (10) davs in an area desiqnated for transient aircraft oarkinq
(d) A qerson usinq a transient parkinq space shaii properiv secure their airoraft and shail
be responsible for anv propertv damaqe or bodilv iniury that results from the oerson's
failure to do so.
(e) If a person who parks an aircraft in a Citv-operated transient parkinq area fails to nav
transient qarkinq fees prior to departure from the Airport the person's aircraft shall be
16
subiect to imqound under Section 6.05.065 immediatelv upon anv future return to
Airport. (Ord. 365, Res. 91-201
~~s-8#fise-~~e~t
ar~+~~4:-E9r~-~&~} (This rs already covered in Chapter 7.05.)
(9Fd--~ (Parking location details should not be in regulations. For the sake of
flexibility, it is better for such details to be esfablished and changed, as needed, by
Airport Manager order.)
. (The parking time
limit was changed fo 10 days per my 12/29/05 telephone conversation with Rebecca
Cronkhite. Fees were moved to Chapter 13.05.)
6.05.080 Aircraft parkinca on leaseholdse
No ,4U-aircraft on the premises of a land lease on the Airport shall be parked in a
manner that results in
a
wing, tail, nose, or other portion of the aircraft extending outside theevefisas#
boundaries of the premises. (Ord. 316)
6.05.090 Seasonal ramp use permit.
e~c uipment parkinq must obtain a seasonal ramp use permit from the Airport Manaper.
(b) The Airport Manaqer shall establish the location and size of the apron or ramp area
to be assiqned to the person under a seasonai ramp use permit after givinq
consideration to
(1) the size, type, and number of the aircraft the person will be usinq on the site;
(21 the amount of carpo and equipment the person will be staqinq on the site:
f31 the nature of the carqo beinq handled,
17
(4) the use of the Airport bv other aircraft operators
(51 the lenqth of time the person plans to use the site~ and
(61 the maintenance, operation, safetv and securitv of the Airqort
(c) A person to whom the Airport Manaqer issues a seasonal ramo use permit shali
(11 pay the seasonal ramp use permit fee specified in Chapter 13 05•
~2) compiv with the terms and conditions of the permifi and
(3) comply with Airport requiations and the directions of the Airoort Manaqer•
(d) The term of a oermit shall not exceed six calendar months
(e) The Airqort Manaqer mav
(1) cancel a permit with 15 davs written notice to the permittee if the qermittee
fails to pav the permit fee when due or violates anv requirement of the permit or Airport
regulations; and
(2) repuire the permittee to relocate their operations to another operationaliv
similar location on the Airport when the Airport Manaqer reasonabiv determines the
relocation is necessarv for the maintenance operation safetv or securitv of the Airport
(1 added this section to cover the permits the Airport Manager issues for fish haul and
similar seasona/ uses of the ramp. That program has been in practice for many years,
I but is not specifically addressed in the existing regulations.)
Chapter 7.05
AIRCRAFT REGISTRATION
Sections:
7.05.010 Aircraft registration
7.05.020 Failure to repister ~a+~sie~t-aircraft-€aiNare-te-regis#eF.
7.05.030 Removal of aircraft from airport parking.
7.05.040 Registration of commercial aircraftspera~efs,
(1 clarified, expanded, and updated this chapfer to cover all aircraft, whether transient or
~ resident, commerciat ornon-commerciaL)
18
7.05.010 Aircraft registration.
A person who brinqs an aircraft to the Airport, whether for transient purposes or to
remain indefiniteiv and does not park the aircraft on the premises of a land Iease~Jevv
shall, as soon as
possible, but not later than 48 hours after arrivai at the Airport, register the+~ aircraft with
the Airport Manaqer and obtain a parkinq location assiqnment
~ 7.05.020 Fallure to register ~a~sie~-aircraft F°:'..°^ `^ .^^:~'~^~
The owner or operator of an ~"fa~s+e~~ aircraft
who fails to register theif aircraft as repuired under
7.05.010 and 7.05.040 '
shatl be subject to havinq the aircraft
impounded'+a~peaa~e~ in accordance with Sections 6.05.065 .. .. .
This requlation shali not appiv to an aircraft that, immediateiv after arrivinq at the
Airport is parked on the premises of a land lease with the lessee's oermission and
7.05.030 Removal of aircraft from airport parking.
A person who has parked an aircraft ' in a City-operated parkinp
area on the Airqort must qive the Airport Manaqer notice prior to permanentiv vacating
the space. A person who vacates their assipned space without qivin nq oticefail to fle#i#~
the Airport Manager shall
as if the person had not vacated the space. ' . The fees. plus
interest shall accumulate until the date on which the person qives the reauired notice to
the Airport Manaqer and pavs the fees and interest due.
( 7.06.040 Registration of commercial aircrafte~eratsFS.
An air carrier or other A~I-commercial operators of aircraft operating from the Keaaa
~is+pa!-Airport shall register each aircraft with the Airport Manager rip or to
commencinp operations at the Airport. The~~s# registration
(a) must be in writinq;
j~may be submitted in person or by mail; and
~must rp ovides#ew-Nie
19
(1) the make, model, reqistration number and certificated maximum qross
aifsFaf~take-off weight of the aircraft;-ater~g-wti##
~t~name and mailinq address of the registered owner-aa~-h;°.~;~
esr~ES~ess:', and
(3) such other information as the Airport Manager mav reasonabiv require
Chapter 8.05
A~A~T-ACCIDENTS
Sections:
8.05.010 Aircraft Aaccidents.
8.05.020 Motor vehicle accidents.
8.05.030 Bodilv iniurv and propertv damaqe.
8.05.090 Special definitions.
(l expanded this chapter to include all fypes of accidents and damage. Some of the
language was adapted from 17 AAC 45.120.)
8.05.010 Aircraft Accidents.
(a) The owner or operator of an aircraft involved in an aircraft accident or incident on the
Airport shail report the accident or incident to the Airport Manaqer and the Federai
Aviation Administration
(a) immediateiv if the aircraft or a condition of the airoort qoses an imminent
safetv hazard,
(b) within one hour of the accident or incident or as soon as oossible thereafter if
the accident or incident involves bodilv iniurv or death or damaqe to anv one
person's propertv in excess of $500: and
(c) if otherwise, within twentv-four hours of the accident or incident or as soon as
possible thereafter.
(b1 The accident report shall include
(1) the make, model, and reqistration number of the airoraft involved~
20
f2) the names and mailinq addresses of the qersons invoived~
(31 a descriqtion of the accident or incident: and
(4) such other information as the Airoort Manaqer or the Federai Aviation
Administration mav reasonabiy require.
~,
wi~esse~
8.05.020 Motor vehicle accidents ' ,
(at The owner or operato~ of a motor vehicle involved in an accident that occurs on Cit~i-
owned propertv in the Airport Reserve, other than a oubiic street shall reqort the
accident to the Airport Manager
1a) within one hour after the accident or as soon as possible thereafter if the
accident involves bodilv iniurv or death or dama9e to any one person's propertv
in excess of $500; and
(b) if otherwise, within twentv-four hours of the accident or as soon as possible
thereafter.
(b) Tne accident report shall include
1) the make, model, license plate number of the vehicle involved
(21 the names and mailinq addresses of the persons invoived~
(3) the name and address of the vehicle's reqistered owner:
(4) a description of the accident: and
(5) such other information as the Airqort Manaper mav reasonabiv recauire
8.05.030 Bodilv iniurv and propertv damaqe.
,{aZAny person who damages+ag,
fixture, or other City-owned prope
, shall
a+~} a fence. qate. qate control light,
21
{~report thesas# damage
(A1 immediatelv to the Airport Manager's-e#€ise-eF and the Federal Aviation
Administration Fiight Service Station~ if the damape is likelv to adverselv
impact the safetv of aircraft operations on or the securitv of the Airoort or
the safety of aircraft ooerations on or the securitv of the Airport
~ be fully responsible
(A~to pav ail costs related to the repair restoration or reofacement of the
damaqed propertv inciudinq the Citv s leqal and administrative costs and
~for any bodilv iniurv or propertv damaqe that occurs as a direct or
indirect result of the person s damaae to Citv-owned propertv
~ir~s
se-
b If a person who is iniured on the Airport bv or owns propertv on the Airport dama
bv. the Citv a Cdv emplovee or bv Citv-owned qropertv the iniured person or their
representative. or the owner of the damaqed bropertv as applicable shall report the
accident to the Airport Manaqer within
11_Zone hour after 4he iniurv or damape or as soon as possible thereafter if the
accident mvolves bodilv irnurv or death or damape to anv one oerson's proqertv
in excess of $500 and
(2~ if otherwise. within twentv-four hours of the accident or as soon as possible
thereafter.
8.05.090 Special definitions.
In this chapter
ja "aircraft accidenY' has the meanina aiven in 49 C F R 830 2 as amended throuph
Januarv 1. 2006.
1, 2006.
22
Chapter 9.05
AIRCRAFT OPERATION
Sections:
9.05.010
9.05.020
9.05.030
9.05.040
9.05.050
9.05.060
9.05.A70
9.05.080
Engine tests.
Aircraft ~certification.
Equipment.
Instrument approach.
Student pilats.
Runway useage.
Helicopters.
Aircraft repair.
9.05.010 Engine tests.
(a} An Aaircraft engine shall not be warmed up or run in ~eleaged-engine test
operations in any area of the Airport or in anv manner that would resuit in a hazard to
other aircraft, persons or property.
(b) Under no circumstances shall a erson en a e in an aircraft engine test
operations, unles° ~,~e•^~;*°~' ,^^+ti,,, ~ .,;+he.
j1Za competent operator is af the controls of the aircraft: or
j2Zthe aircraft is securely tied down at both wings and tail, and a w+~-barricade
is alaced around the entire perimeter of the propeller area or iet intake and
exhaust areas. as appiicable to the aircraft: and
(3) in the case of an enqine run-up of more than 60 seconds duration takes
piace between the hours of 7:00 AM and 10:00 PM, prevailinq locai time. (Given
the near proximity of residential areas fo the airport, it seems prudent fo have a
curfew of some sort on engine testing.)
9.05.020 Certification.
Ail aircraft operating on the Kenai Municipal Airport must bear current airworthiness
certificates issued by the Federal Aviation Administration.
9.05.030 Equipment.
~ No aircraft shall be operated on the Airport reg~la~4y-unless it is equipped with tail or
nose wheel, and wheei brakes, or skis when conditions permit, except with the
permission of the Airport Manager. ("regularly" is one of those words that the parties in a
23
dispute almost always define differenfly. It is best to not use the word.)
9.05.040 instrument approach.
instrument approach procedure at Kea~sipal-Airport shall be the procedure as
specificaily authorized by the Regional Director, Federai Aviation Admin_istrationqger.is}~
(Isn'f this a redundant statement of the obvious? The City has no authority to establish
instrument approach procedures and the FAA-adopted procedures apply regardless of
~ whether or not the City has a regulation on the subject.l
9.05.050 Student pilots.
' Before making his or he~ first solo flight from the Airoort, a
student oiiot must #a~:~, ^„~;~, visit #athe Flight Service Station whenw#isk~ aircraft
traffic is in progress and observe-ebser~+aQ.-#a#is-aad F~ight Service Station ersonnei
in the process of manaqinq aircraft trafficpfese~res. Each student pilot shailw~ll ask the
Flight Senrice Specialist on dutv at the time of the visit to make the appropriate entry in
his leg-~eelcloqbook to verify the student piloYs compliance with this requirement.
~ 9.05.060 Runway useage,
~(a) Airpianes taking off and ~anding at the Keaa+-M~r~isipa{-Airport will follow the rules
and regulations established by the Federal Aviation Administration. (This seems to be
another supert7uous statement.)
(b) A pilot taxiinq an aircraft on the Airport shall use the taxiwavs and water lanes
established for that ouroose subiect to such aircraft size tvne or weiaht restrictions as
mav be estabiished bv the Airport Manaoec ,.,,.,s.,.... .,, .~_
I .(The ~eference to an "attached" diagram is too obscure for a
regulation.)
(c) Upon landinq a fixed winq aircraft the pilot shail taxi the aircraft~a~c+i~-~a~e-deRe
straight down the runway ~ and
exit at the first available taxiway unless directed otherwise {~-as-~ested by the
Federai Aviation Administration F~1,4-Control Tower.
((d) No oilot shail turn an aircraft~afas-s# 180 degrees on the runway uniess the
maneuver is aoproved bv the Federal Aviation Administration
exsept~-Control Tower-a~ev,a}
9.05.070 Helicopters.
(a) A qilot ooeratinq a A44-helicopters carrying a sling loads to or from the Airoort
shalir~ast fly a course away from areas congested with aircraft and buildings~eF
.(The intent of the deleted phrase
24
wasn't clear since a8 aircraft arrivais and departures from the airport are subject to
tower control, anyway. As ongina!!y wntfen, the provision could be read as meaning a '
sling-loaded helicopter could only avoid popufafed areas if the tower approved.
~ Otherwise, flighfs over populated areas would be OK.)
(b) A pilot operatinq a helicopter on the Airport shail Iand and take off oniv at locations
desiqnated or apqroved for that purpose bv the Airport Manaper. klelisey#eFiaridiags
.(Ords. 316, 327) (For better flexibility, ! recommend against
including specific operational locations and roufes in the regulations. Giving the FAA a
"biank check" to direct aircraft operations on the airport during an emergency could
expose the City to some expensive liabilities. As owner of the airport, the City has the
ultimate responsibility for the airport. lf the FAA makes a bad call in an emergency
under this regulation, the City could get stuck with the bill by virtue of the delegation of
authority to the FAA.)
9.05.080 Aircraft repair.
a~No person shali, commercialiv maintain modifv or repair an
aircraft, aircraft engine, propeller or other aircraft equipment on the Airport-~eser~}
unless the personfie
~1) holds a business activitv permit issued bv the Airport Manaqer under
10.05.015: or
~is employed by, or doing business as a fixed base operator on the Airportq
f~ A person shall onlv perform the maintenance modification or repairs described in
9.05.080(a1 in a+~ an area
designated or approved bv the Airport manaqer for thatsaskt purpose.
Chapter 10.05
GENERAL RULES OF CONDUCTIN~~NIA~19N
Sections:
10.05.010 General rules of conduct.
10.05.015 Business activitv permit.
10.05.020 Penalties.
25
~ 10.05.025 Violation of requlations
10.05.030 Non-responsibility.
I 10.05.050 Exalosives on the Airport
~ 10.05.010 Generai Rules of Conduct.
~ No person shail, without the permission of the Airport Manager:
(1a) Destroy, injure, deface or disturb in any way any buildings, signs,
equipment, marker, or other structure, tree, flower, lawn or other property on the Airport
pf~xY~
(2~) Alter, make additions to, erect any buiiding or sign, or make any excavations
on the Airport ._(This rs stated in the
introductory sentence of 010.)
I (3s) ~A~+Ift~lly-aAbandon any personal-s~gg,aaizat+eaal property on the Airport. (Why
shouid the City be concemed about a person's motive in abandoning something on the
Airport? Whethe~ the abandonment is willful or due to neglect, the act should be
I prohibited.)
(4d) Enter a Movement Area ' ._(Note: l believe
this provision could be de(eted entirely because, by definition, a`movement area" is
included within a"freld area'; which is covered in (i), now "(9)".)
~ (5e) Ale-yeFSer~-shal~-i~nterfere with, tamper with, unlawfully remove or injure any
part of the Airport or any of the equipment thereof.
(6_~ Ple-~sea~ll-4~Knowingiy or willfuily make any false statement or report to
the Airport Manager or ana+~ Airport employee.
, ,
~
(e) because the last phrase didn't fit with the preamble sentence at fhe be/grnning of(s to
~ 10.05.010(a).)
(Z#) ~e-~ser~-s~ia{1-Eenter any restricted area posted as being closed to the
public except as may be permitted by these regulations.
I ($}) A~s-peFSefl-s#~a4~eEnter upon the fieid area except:
(i~-) persons assigned to duty therein bv the Airport Manaqer;
26
(ii~) authorized representatives of the Airport and Federal Aviation
Ad m inistrationA~easy;
(iii3) persons authorized by the Airport Manager; and,
(i_v4) passenqersper-ssas, under appropriate supenrision, entering the area
for purposes of boardinq or leaving an aircraft .
._ (The state lost in an A/aska
Supreme Court decision (Henick, et al, v State of Ataska; early 1980's) because of an
all-encompassing regulation like this. DOT&PF's inability to uniformly enforce the
excessively broad regulation against every single business that did any kind of
commercial activify on the airport (newspaper boys, pizza delivery folks, Amway-type
sales people, real esfate agents, etc.) was the reason the stafe lost the case. As a
result, the State Attomey General advised the DOT&PF Commissioner to specifically list
in regulation the commercial activities for which a lease or permit would be required.
This existing provision (j) sets up the City for a/oss in the same kind of airport
leaseholder litigation. So, I recommend it be deleted and repiaced with my proposed
10.05.15, below.)
(101~) Ale-~er-sea-sMall-pPost, distribute or display signs, advertisements, circulars
or any other printed matter at the Airport except with the approval of. and in the manner
prescribed bv the Airport Manager .
(111) "~~,a1{-~Travei on the Airport other than on the roads, walks, or
places provided for the particular class of traffic the person is usina.
(12a~) Hinder or obstruct another person, vehicle, or aircraft from the lawful use
of the Airport.
(14r~) PIa~eFSea-sk~aA-sOperate any type of vehicle for the disposal of garbage,
ashes, or other waste material on the Airport '
Mar~,agef. (This last phrase is stated in the introductory sentence of 010.)
(be} Any person who has been denied the use of the Airport by the Airport Manager
under Chaqter 3.05 of these requlations shall come upon or use the Airport only while
traveliing through as a passenger in a taxicab or other vehicle when enplaning or
deplaning as a passenger of an aircraft operating on the Airport.
(cp) All shops, garages, equipment and facilities, which are not the property of the City
of Kenai, are expressiy for the conduct of the owners or lessees business operations.
No persons other than the owners or lessees or their empioyees shall make use of
( these facilities without individual and specific permission of the owners or lessees.
27
(This is a confusing provision that either bars customers of these businesses from
entenng their premrses without first obtaining the business owner's "individual and
specific permission" or it authorizes subleasing with only fhe lessee's permission
required (no City consent). Without knowing the history or rnfent behind fhis provision,
would recommend deleting it entirely.)
(d) A person usinq the Airport shail compiv with
(1) the Airoort requlations Kenai Municioal Code and other ao~licable
law,
(2) orders the Airport Manaper issues under anolicable Citv state or
federai law, and
(3~ instructions requirements and restrictions that the Airoort Manaper has
posted or indicated bv sian. sional or other control device unless otherwise
dlfBCtEd hv an aiiihnn~arl ncrc.,., .a~.,.,,a...... _.____t. ,..
.._ .. .___. _...,....., ..~ ..,..~o vn u ic r~n of[ WIIt10l.
permission of the aircraft owner or bv soecific direction of the Airport Mana er. (This is
the re%cated and sl~ghfly mod~fied sect~on (g).)
(f~ A person mav ~ot dump snow anvwhere on the Airport exceot
(1) in a location the Airoort Manaqer has desipnated for that ouroose
I2) in a manner and location approved in writinq bv the Airqort Manaaer or
3 as s ecificallv authorized under a lease or permit issued fo the qerson bv the
Citv (Adapted from 17 AAC 45.020(e)).
Except in an emeroencv or after receipt of aoproval from the Airqort Manaqer to do
so, a person mav not moor load unioad launch o~erate or test a boat or boat motor
in the waters of the float pond on the Airoort (Adapted from 17 AAC 45.020(h)).
10.05.015 Business activitv permit
a Except as expresslv authorized under a lease or Citv apqroved sublease or as
expresslv authorized under a concession aqreement or other oermit issued bv the Citv
or the Airport Manaoer a person must before enqaoina in anv of the fol(owino on the
Airport, hold a current business acfivitv permit issued under this section exoresslv
authonzma the conduct of that busmess on the Airport•
28
(1} an aircraft maintenance or repair business:
(2) a business tnat performs aircraft qround handiinq services
(31 a business that provides a fuel deliverv or mobile aircraft fuelinp or defuelinq
service:
(4) sellinq, offerinq for sale, or providin4 qoods or services commerciaiiv to the
qeneral qublic in a C~-operated airline terminal buildina;
(5) a vehicle rentai business;
(6) an aircraft or aircraft parts sales business:
(7) a valet qarkinq service;
(8) a food service business.
(b) If the Airqort Manaqer determines the ac4ion is in the best interest of the Citv the
Manaper mav. as a condition of a business activitv permit ~imit the conduct of the
permittee's business to one or more specific locations on the Airoort.
(c) A person who seeks a business activitv permit under this section must submit a
written reauest to the Airport Manaqer and must include
(1) the non-refundabie application fee specified in Chapter 13.05• and
(2) a written description of the services and oqerations the aqqlicant qroposes to
conduct under the permit.
(d) The Airport Manaqer wiil qrant a reauest for a business activitv permit unless the
Manaqer determines that
(11 the applicant has violated a provision of the Airport requlations. Federal
Aviation Administration requlations. or the Kenai Municipal Code, which violation
the applicant has not resolved to tne Airport Manaqer's satisfaction:
(2) the aqplicant has violated a material term of a contract. Iease or permit with
the Citv, which violation the aqplicant has not resolved to the Airport Manaper's
satisfaction;
(3) the applicant is in arrears on a rental qayment or other materiai financial
obligation due the Citv;
29
I (4) the proposed activitv would interfere with or is otherwise incomoatible with
the secur~tv safetv, maintenance, or operation of the Airport•
(5) the proposed activitv would violate
(A) applicable law:
(B) the Citv's oblipations under revenue bonds issued in connection with
the Airport;
(C) an exclusive riqht the Citv has aranted to another person on the
Airaa~t:
(D) a covenant runninq with the land of the Airport~ or
(E) an applicable reauirement or assurance to which the Citv is committed
under a qrant from the Federai Aviation Administration issued in
connection with the Airoort; or
(6) the proposed activitv would be inconsistent with sound airport planninp
{e) A decision bv the Airport Manaqer to denv an application for a business activitv
permrt will be in wntina.
{~ As a condition of a business activitv permit issued under this section 10 05 015 the
permittee must
(1) pav the business activitv permit fee repuired under Chaoter 13 05• and
(2) provide insurance coverape that the Airoort Manaqer determines is
comparabie to the insurance coveraae the Citv requires of a land leaseholder or
terminai buildinp space tenant ooeratinq a business like that authorized in the
permittee's business activitv permit.
(q) A business activitv qermit is not transferable and shall be issued for a term the
Airaort Manaper determmes is m the best interest of the City but not exceedinp five
ears.
For purposes of this section 10.05.015 a business activitv is conducted on the Airport if
the activitv, includinq anv transportation offered or arranaed bv the operator of the
act°vitv
(1) is conducted ail or in part on the Airport• or
30
(2) derives business on the Airport and offers or arranqes for transportation
between an off-airport location and a Iocation on the Airport.
(This entire section is based on 17 AAC 45.905 and a portion of 17 AAC 45.010(g))
~ 10.05.020 Penaities.
Any person who violates any Airport regulation, ^•°°^•~ "^~~;a,
or any order or instruction issued thereunder, shali be subiect to a fine of -+a-~eeqiag
, ot
more than five hundred dotlars ($500.00) or imprisonmented for not more than thirty
(30) days, or both, under the authority of the Kenai Municioai Code ,
S+tjr-ef-Keaa+. (Ord. 1858-2000) (Here again, "knowingly and witifully" are pretty tough
to prove.)
10.05.025 Violation of requlations.
(a) If a person acts in violation of the Airport requlations or fails to act as reauired bv the
re9ulations, the Airport Manaqer mav, in addition to the qenaities under 10.05.020, take
one or more of the followinq actions:
(1) order the person to, either immediatelv or within a specified time.
(A) stop the violation;
tB) bepin the required act; or
(C) leave the airport;
(2) provide written notice to the person that describes how the oerson may
correct the violation or omission and the time within which the violation or omission must
be corrected;
(3) correct the violation or omission; or
(4) in an emerqencv or when the Airport Manaqer finds such assistance
of proiects or operations on the Airport.
31
Uc If the Federal Aviation Administration fines the Citv for a violation of a federal statute
or reoulation or far an occurrence or omission on the Airoort the person who caused
the violation. occurrence or omission shall u on wntten demand from the Cit
reimburse the Citv for the amount of the fine pius interest and the costs incurred bv the
Citv in obtairnnq the reimbursement
~(10.05.025 is based on porfions of >7 AAC 45.020.)
~ 10.05.030 Non-responsibility.
The City of Kenai assumes no responsibility for loss, injury or damage to persons or
property on the Airport, or using Airport facilities by reason of fire, theft, vandalism,
~ wind, flood, snow, earthquake or collision damage, nor does the Ci +~ assume any
responsibility for injury to persons while on the Airport or while using the facilities
~ thereof.
F-ieid- (Whatever purpose this provision might have served in the past, it is meaningless
now, especially since it does not include any date references to estab/ish ifs
effectiveness.)
10.05.050 Exolosives on the Airport
a A erson who brinqs or possesses an explosive to or on the Airqort shall com~lv with
the hazardous matenafs rovisions of 49 C.F.R. Part 175 as amended throu h Janua
1. 2006.
~ A person shali aive the Airport Manaqer at Ieast 24 hours advance written notice
before bnnainq explosives onto the Airport
~) The Airoort Manaqer mav based on considerations of the safetv of Airport users
and the aeneral qublic
(1) condition, direct supervise or prohibit an ooeration involvina an exotosive on
the Airport and
(2) require that an aircraft with an exolosive aboard
(A) be fueled serviced and parked in a remote or other desianated area
of the Airport, and
lB) depart the Airoort as soon as air tra~c and safetv considerations
ailow.
32
(d) In this section. "explosive° has the meanina qiven in AS 11 81 900~
"exqlosive" also includes fireworks as defined in AS 18.72.100
Chapter 91.05
FUEL
Sections:
11.05.010 Fueling and fuel storaqe-- ~~„~;.
71.05.020 Fueli~g sources.
11.05.030 Fuelir~g personnel trainina.
11.05.040 Fueling apparatus electrical bondinct. €asil+tt-yr~~~
11.05.050 Labeling
11.05.060 Fueling facilities.
11.05.065 Commercial fuelinq.
11.05.070 Fueling distributorship Re ealed
11.05.010 Fueling and Fuel Storape-6eRefal.
(a} No aircraft shall be fueled or defueled while the engine is running, unless runninq the
enqine is allowed for hot fuelinq under National Fire Protection Association Code 407
"Standard for Aircraft Fuel Servicinq". 2001 edition which is adopted in this requlation
bv reference. (Based on 17 AAC 45.055(e)(3J. l don't know your loca! fire codes, or the
City's preference in this case, but hot fueling is allowed at state airports (iYs frequently
necessary for emergency hellcopter operations like fire fighting, multiple medical
evacuations, etc.)
{b) No aircraft shall be fueled or defueled while the enqine is being warmed by
appiications of exterior heat; or while thesas~ aircraft is in a hangar or an enclosed
space.
~~j(b~ No persons shall smoke, liqht a match or have anv open flame within 50 feet of
an aircraft being fueled or defueled.
~~s} No person shall operate any radio transmitter or; receiver~ or oqerate the switch of
~ electrical circuitapp4iaase-e#-ef on an aircraft during fueling or defueling.
e~(-d} Persons engaged in the fueling or defueling of aircraft shall make every possible
effort to prevent the overflow or sqillinq of ~Fie-fuel. In the event of a fuel overflow or
Airport Manaqer. The qerson shali also promptiv report the fuel overflow or spill to each
33
requlatorv aqencv that repuires a report of that overflow or spill and repair anv fuel leak
and eqwpment failure or defect that caused or contributed to the overflow or sAitl
(Based on 17 AAC 45.055(g))
~~j{f {e3 No person shall use any material during fueling or defueling of aircraft thatwr~}s# is
likely to cause a spark or be a source of ignition.
jg~(#3 No person shali start an engine of any aircraft when there is any gasoline on the
ground under thesask~ aircraft.
~ jh~{g} Fuelia~ hoses, containers, storape tanks. and related equipment shall be
maintained in a safe, sound and non-leaking condition.
~(Z(#} All fueling and defueling of aircraft shall be conducted at least fifty (50) feet from
any hangar or other building.
I(i) No person shall fuel or defuel an aircraft without adepuate fire extinquishers or
e9uivalent fire protection equipment immediateiv avai(able to the fuelin4 location.
I(k) Ail fuelinq, defuelinq, and fuei transfer on the Airport shall be conducted in
accordance with applicable Citv and State of Alaska fire codes.
11.05.020 Fueling sources.
Aircraft fueling shall be conducted only from approved type pumps or fueling trucks, and
only by those authorized by the Airport Manager. No person shall fuel aircraft from
barreis, drums, or cans under any condition or circumstances. However, the Airport
Manager may waive this regulation for a dealer or when conditions do not permit fueling
at designated areas.
11.05.030 Fueli+~ personnel traininq.
Anv person who enqaqes in fuel deliverv fuelina defuelinp or fuel storaae on the
Airport shail ensure that thev and all their oersonnei who handle fuel on the Airqort are
trained in safe fuel handlinq practices fire safetv sqill prevention and spiil
response.(Based on 17 AAC 45.055(d)
~ ~ ~ ~ ~ ~ ' . (The
existing wording doesn't identify who has the burden to supply the frained personnel. it
just says someone must do it. I suppose that if nobody else does it, the Cify would have
to.)
(Ord. 305)
11.05.035 Fuel spili prevention and response olan.
34
site or on the vehicle where the fuel is handled, stored, transported, or dispensed.
(b) Anv person who enqaqes in commercial fuel deliverv, fueiinq. defuelinp or fuel
storape on the Airport shall before operatinq on the Airport
(1) submit to the Airport Manaqer a coqv the person's Spill Prevention Control
and Countermeasures Pian prepared under 14 CFR 112: or
(2) if 14 CFR 112 does not applv to the person's fuel related activities on the
Airport submit to the Airport Manaqer a written fuel spiil prevention and response plan
that includes
(A) the measures the person will take to prevent a spill or retease of fuel:
(B) the steps the person wili take, in the event of a spill or release of fuel,
to
(i) stoq the spiil or release; and
release of fuel to the Airport Manaqer and to each requlatorv aqencv that
requires such a report.
(3) Neither the submission of a pian bv a person under ihis section 11.05.035.
nor the receipt of the plan by the Airport Manaper shall be construed as approval of the
pian bv the Airport Manaqer or the Citv.
(This section 035 is partially based on a pending DOT&PF amendment to 97 AAC
45.085.)
11.05.040 Fueling aaaaratus etectrical bondinct-fas+tit~-~ada~
Before fuelinq an aircraft from a tanker truck, fuet tender, or fixed fuelinq facilitv, the
71.05.050 Labeling.
In addition to anv labels or siqns reQUired bv aqplicabie law, a person who enqaqes in
adequate marking and labeling ,
35
.(Ord. 305) (Again, I don'f know your loca! codes, but to
the best of my knowledge, the goal is "zero electrical potential'; not "grounding".)
s# to identifv the contents bv fuei tvpe and octane ratinq
. (Ord. 305)
11.05.060 Fueling facilities.
Anv fuel storaqe tank fuel disqensina apparatus or other fuel handlina facilitv piaced or
us_ed on the Airport must conform to applicable environmental law and the Citv's fire
prevention code. Before constructinp or installinq a fuel storaqe tank fuei dispensin9
apparatus or other fuel handhnq facilitv on the Airport, a person
must
(a) obtain a lease for the land from the Citv
j~submit to the Airport Manaper plans for the construction or instaliation and a~other
related information ' the Airport Manager may require in order to
provide for the safety of the public•~and.-
(c) obtain the Airport Manaqer's written approvai to proceed
11.05.065 Commercial fuelinq.
No person shall enqaqe in fuel deliverv dispensina or storape for commercial qurooses
,,., ~~., ~,...,...,.,..~.,.... ~.__• _'-•_._._- - ~---, ,_ _ . .
~~~• Qu~~~~~~~~~~4 ~~~~ a~~~~~~v a~~~ uavn~y anv ree reawrea unaer chapter 13 05 (t don't
know what the t'ormer 11.05.065 sa~d about fue! sa/es, etc., but the City needs to have
solid control over fuel-related commercial activities on the airport.)
11.05.070 Fueling distributorship.
(Repealed - Res. 90-66)
Chapter 12.05
Safety and Sanitation
Sections:
12.05.010 Storage.
12.05.020 Open flame operations.
12.05.030 Smoking.
~ 12.05.040 General reauirements.
12.05.050 Fire extinguishers.
12.05.060 Hazards.
I 12.05.070 Hazardous substance release
12.05.090 Saecial definitions
36
I
~ 12.05.010 Storage.
(a) No person shall keep or store any flammable liquids, gases, signal flares or other
similar materials in~#e a hangars or ir~any other building on the Airport, unlesss
Don~nncn tti.,~ ~,.,.~ the materials are+~ay-ge kept
~in aircraft in ~proper receptacles installed in the aircraft-#ef-sasb-pa~ese;~
or
j2~ in rooms or areas specifically approved for such storage by the Airport
Manager, or in Underwriter's Approved Safety Cans. ("Underwriter's Approved Safety
Cans" seems kind of vague. Exactly what is the City looking for here?)
(b) No person shali keep or store lubricating or waste oils in or about an aircraft the
hangars. unless the: oonv~ncn ~~,.,t ~..h ...~.e;.,~ .,,.. ~. oil is kept in a room
specifically designated for oil storage or stored • oonv~n~n c~ ~oTU~o ftiY: „~; r,~
~ r~~v^~~vc~ . ~...
LL ~ 1.._ /AI1\ 1~ . 1 ~...~.~1.. .~L I..L ' _i'. '1 .__ _. . ~. . ~ ~ . ~ . . .
in containers or receptacles approved by insurance underwriters. ("lnsurance
underwriters" is awfully vague and unenforcea6/e. Exacfly what is the City looking for
here?)
(c) Lessees shall provide suitable metal receptacles with covers for the storage of
waste, rags and other rubbish. . All ased-waste and
used rags or other rubbish shall be removed in accordance with the City ordinance
governing trash and rubbish disposal.
12.05.020 Open flame operations.
Except as may be specifically authorized by the Airport Manager, no person shall
~ conduct any open flame operations +~-aay-k~ar~gaFSFanvwhere on the Airport unless fire
extinguishers are close at hand to control any hazard that may arise.
12.05.030 Smoking.
No person shall smoke on the Airport, in any hangar or shop, servicing area, gasoline
storage area or in any building, room or place on the Airport where smoking is
specifically prohibited by the C~Fire Chief or the Airport Manager.
~ 12.05.040 Generai requirements.
(a) The hoider of a land lease on the ~;; ;~a~~~s-a;,~",~Airport shall keep the
premise leased by them~~°^.~;T~: and the aoron
and ramp areas used in their operations, ciean and clear of oil, grease, wasteaad-s~eF
37
materials ande~ trash, except as may be specificallv authorized~ev+~ed to the contrary
in the lease .
(b) No person shall keep uncovered trash containers on anv part of the Airport+~aay~
a~ea. No motor vehicie for hauling trash, dirt, or any other materials shall be operated
on the Airport uniess thest~ vehicle is constructed so as to prevent the contents
thereof from dropping, shifting or leaking, or otherwise escaping-##~ere€rer~. No person
shall spili dirt or any other materials from a vehicles on the Airport. Areas used for trash
or garbage containers shail be kept ciean and sanitary at all times.
(c) No persons shall dispose of garbage, papers, refuse or other material on the Airport
except in receptacies provided for that purpose, and in complianceea-esr~€ir~a~ie~ w~th
the City of Kenai ordinance on garbage and trash removal.
~ 12.05.050 Fire extinguishers.
All tenants or lessees on the Airport shali supply and maintain such adequate and
readily accessible fire e~inguishers as are provided 6y Fire Undenvriters for the
particular hazard invoived or -as may be determined to bedeer~ed necessary by the
C~Fire Chief~k~e-~+t~s€-l4eaa+.
~ 12.05.060 Hazards.
No tenant or lessee on the Airport shali store or stock materiai or equipment in such a
manner as to constitute a hazard to persons or property.
12.05.070 Hazardous substance release.
(a) A person who releases a hazardous substance on the Airport shail immediatelv
contain and clean up the release usinq methods that ensure that contamination does
not enter or spread on or in Airport land or water or in an Airoort storm water drainaqe
report. Submission of a report to the Airport Manaqer under this subsection does not
satisfv anv other aqplicable reqwrement for reportinp a release of a hazardous
substance to anv requlatorv aqencv tnat has iurisdiction
(The above section was adapted from 17 AAC 45.050.)
38
~nav seerc reimoursement ror ine cIN'S cOSYS Oi asSessme~t reportinq containment
a17d C)B811Up as apAlicable from anv person responsible for the reiease
12.05.090 Special definitions.
In this chapter,
(a) "hazardous substance" means any substance that is defined under an
environmentai law as hazardous waste hazardous substance hazardous
material, toxic pollutant, contaminant. qetroleum, petroleum product or oil;
(b) "release" has the meaning qiven in AS 46.03.826; and
(c) "responsibie," when used in reQard to hazardous substance contamination.
means havinq materiallv contributed to, assumed under an assiqnment of lease.
or beina otherwise liable for contamination bv law or contract:
(These defnitions were adapted from 17 AAC 45.900)
Chapter 13.05
FEES AND PAYMENTS
Sections:
13.05.010 Payments.
13.05A20 Delinquent biils.
13.05.030 ~and 6fea~d-rental charges.
13.05.040 Concessionaires.
13.05.050 Military / gavernment aircraft.
13.05.060 Aieaort user fe2s and terminal rent.
13.05.010 Payments.
Ail billings are payable at the City Clerk's office within fifteen (15) days after
presentation uniess otherwise noted thereon.
(How is the date of "presentation" determined? Is it fhe date of the bill, the date the bill
is mailed, or the date the person receives the bill? Whichever way the City prefers to
define "presentation'; both the definition and the procedure need to be made c%ar
here.)
13.05.020 Delinquent bills.
Delinquent biBls will have imposed thereon a penalty of ten percent (10%} and the
balance due shall draw interest at the rate of eight percent (8%) per annum.
39
(This isn't ciear to me. Does the 10% penalty apply once on the fult amount of a
delinquent bill with the 8% interest accumulating until the balance is paid in full. Or, do
both percentages accumulate monthly until paid? Does the 10% penalty enlarge the
balance to which the 8% is applied? Clarification is needed here.)
( 13.05.030 Land 6r~et+r~d-rental charges.
The rent charped to the holder of a lease for land on the Airport ~~^~~~~;o,.
shall be the amount
established by the City Seaasilin accordance with the Kenai Municioal Code and the
terms of the lease.
13.05.040 Concessionaires.
Charges to concessionaires desiring space for other aviation or pubiic services within
an Airport Terminal facility or elsewhere on the Airport will be contingent upon the type
~ of service to be rendered and the space desired, and as may be established thereafter.
(This statement includes so many vague generafities fhat it reafly doesn't communicate
anything. The ph~ase "For other aviation or pubiic services" indicates that the sole
subject of this provision may be the fee that would be charged to an existing
concessionaire for use of other space on the airport to operate an entirely different kind
of business. (Such as, the rent that would be charged for the land if the terminal cocktail
lounge operafor wanted to lease land for a bowfing alley operation). Why would the Pee
charged to an existing concessionarre be any different than the fee charged fo anyone
else for the same space or purpose? I'm not sure this provision seives any useful
purpose, but it the City has a reason to retain it, the wording will need extensive
clanfication.)
13.05.050 Military/government aircraft.
Military and federal government aircraft using the Airport areslaaN-be exempt from
landing and transient parking fees. These exemptions shail not appiy to a commercial
aircraft-epefatie~s that is chartered bv or leased to, the militarv or a federal
governmental agencyies.
13.05.060 Airnort user fees and terminai rent
Users of the Aimort shall be charqed the foliowing fees for qrivileqes and services listed•
(a) Motor vehicle oarkinq fees
(1) $2.00 perdav per vehicle for short-term parkina under 6 05 020
(2) for lonq-term parkinq under 6 05 030
40
tAi $2.00 per dav per vehicle: or
(B) $250.00 per vear per vehicle under a lonq-term parkinq permit
(b) Fees for parking a transient aircraft under 6.05.070
(1) No fee for use of a transient parkinq space for a period of six hours or less
reqardless of the weipht of the aircraft:
(2) For iiqht aircraft havinq a CMGTW under 4 000 pounds•
(A) Paved space for wheei-eQUipqed aircraft:
(i) Without access to electric power $2 00 per dav
(ii) With access to electricitv $5.00 per dav
(B) Unqaved space for wheel or ski-eQUipped aircraft $2 00 per dav
(C) Parkinq soace with access to the float pond Mav throuqh September
{i) non-commercial aircraft: $3.00 per dav~
(ii) commercial aircraft •$5 00 per dav
(The exisfing $2.00 per day rate equals $0.50 per 1, 000 pounds for a
4,000 pound CMGTW airoraft.)
(3) $5.00 per dav per aircraft for liaht aircraft havinq a CMGTW between 4 000
and 10.000 qounds; (Suggested new rafe: equafs $0.50 per 1,000 for a 10,000
pound CMGTW aircraft.)
~,uuu pounas, Tor aircran nawnq a t;MV I W over 10 000 pounds (Suggested
new rate: the daily paricing rate is the same as the landing fee ~ate.)
(NOTE: Keeping a fixed relationship between parking fees and the landing fee
like this may be a useful way to maintain an equitable airoraft parking fee system.
When the Cify makes future changes to the landing fee, 1 recommend the City
a/so change the transient parking fees to match the nev~ +~nding fee. For
example, if the landing fee changed to $1.25 per 1,000 pounds CMGTW, the
parking rate in (b)(2) above wou/d change to $5.00; the rate in (6)(3) wou/d go to
$12.50, and the rate in (b)(4) would go to $1.25/ 1,000 pounds CMGTW.)
41
(c) Fees for lonq-term parkinq of an aircraft with a CMGTW less than 4 000 pounds
under 6.05.060.
(11 Paved space for wheel-equipped aircraft
{A) without access to electricitv~
(i) $40.00 per month~ or
(ii) $360.00 oer vear
(B) with access to electric oower
Li~ $60.00 oer month• or
(ii) $420.00 per vear•
(21 Unqaved space for wheel or ski-equipped aircraft
(A) $40.00 per month• or
(B) $360.00 per vear•
(3) Parkinq space with access to the fioat pond non commercial aircraft
(A) For a float-equipoed aircraft onlv Mav throuph September
(i) $40.00 per month~ or
(ii) $250.00 per vear
(B) For a sqace accessible to an aircraft seasonallv epuipped with floats or
wheeis:
(il Without access to electricitv $360 00 oer vear
(ii) With access to eiectricitv $420 per vear
(C) For a space accessible to an aircraft seasonallv epuipped with floats
skis, or wheels• $360 00 per vear
4 Parkinq space with access to the float p ond commercial aircraft•
(A) For a fioat-epuipqed aircraft oni v Ma v throuqh Seqtember
42
(i) $50.00 per month; or
(iit $300.0~ per vear,
(B) For a space accessible to an aircraft seasonaliv equipped with floats
skis, or wheels:
(i) Without access to electric power: $450.00 per vear.
{ii) With access to electricitv: $75.00 per month or $550.00 per
year.
(d) Fees for lonq-term parkinq of an aircraft with a CMGTW between 4 000 and 10 000
pounds under 6.05.060:
(1) ~100.00 per month per aircraft; or
(2) $900.00 per vear.
(These fees were derived from the $5.00 daily rate in (b)(3) above using the
same discount multiplier used for the under 4, 000 pound parking fees. That is,
the monthly rate is the daily rate ($5.00) x 30 days x 66.7% _$100.00. The
annual rate is the daily rate ($5.00) x 360 days x 50% _$900.00.)
(e) Fees for lonq-term parkinq of an aircraft with a CMGTW qreater than 10 000 pounds
under 6.05.060:
~$10.00 per month per 1,000 pounds of aircraft CMGTW, rounded to the
nearest 1,000 pounds; or
(2) $90.00 per vear per 1,000 pounds of aircraft CMGTW rounded to the nearest
1,000 pounds;
(These fees were derived from the $0.50 daily rate in (b)(4) above using the
same discount mulfiplier used for the under 4, 000 pound parkrng fees. That is,
the monthly rate is the daily rate ($0.50) x 30 days x 66.7% _$10.00. The
annual rate is the daily rate ($0.50) x 360 days x 50% _$90.00.)
jfl Fees for imqoundinq aircraft under 6.05.065:
(1) $100 for the imoound fee: pius
(2) $50 qer dav for the impound storaqe fee: plus
43
(3) The Citv's actual cost of towinq or otherwise relocatinq of the aircraft
includinq leqai and administrative costs.
(el Fees for a Business Activitv Permit under 10.05.015•
(1) $50 nonrefundable permit application fee:
(2) for each business activitv permit issued to a person
(A)$250 per vear; plus
(B) in the case of a business activitv permit authorizinq a car rental
business oqerated bv a person who does not hold a car rentai concession
in the Citv's terminal buildinq a fee consistinq of the same percentaqe of
qross vehicle rentais as the Citv charqes the in-terminal car rental
concessionaires.
(fl Users of sqace in the Citv-owned terminal buildinq on the Airport shali pav the
followinq rent:
(1) $1.55 per square foot per month for all sqace except airiine bapqage handlinq
space; and
(2) $0 36 per square foot per month for airline baqqaae handlinq space
(q) Each aircraft oqerator usinp the Airport shall pav the foilowina iandinq fees~
(1) $0.50 (fiftvi cents) per thousand qounds of certificated maximum qross takeoff
weight for each landinq of an aircraft with a certificated maximum qross takeoff
weiqht of 4.000 pounds or more:
______ __ {2)_$ 25.00 per month as the minimum landinq fee for commercial operators~ and
(31 No landinq fee for aircraft and landinas that are exempt under 14 05 010
(h) Fees, deposits, and refunds for restricted area pate access kev cards issued under
Chapter 16.05:
(1) One-time fee / deposit of $100.00 per kev card pavable uqon issuance of the
card bv the Airqort Manaqer:
(2) Lost / damaqed kev card replacement fee of $100 00 per card replaced•
{3) Kev card retum refund, paid bv the Citv to the cardholder of $50 00 per
returned undamaaed card.
44
(i) The fee for ramp space desiqnated for the permittee's under a seasonal use oermit
shall be the qreater of
~a $0.002 per square foot per month: or
(21 a minimum fee of $100.00 per month.
(For several years, the City has charged a monthly fee of $600 for a 600' x 600'
site, which works out to $0.00167 per square foot per month o~ $0.02 per square
foot per year. That seems incredibly cheap ~ent for almost 8.5 ac~es of paved
surface. For compa~son, consider the fact that the state's lowest aviation /and
rental rate is $0.051 per square foot per year (for a bare bones, unpaved and
unlighted airport). The state's aviation rent at the HomerAirport is $0.114 per
square foot per year (almost six times the Cify's fish hau! permit rate). Also,
consider the fact that the City rents a paved light aircraft tie-down space for $40 /
month. Generously assuming 2500 square feet for each tie-down space, 144 tie-
down spaces would fit in 360, 000 square feet 144 x$40 =$5760 /month! No
matter how you look at it, the fish haul operators have been getting an amazing/y
cheap deal, pro6ably the lowest rent of anyone on the airport.
The $0.002 per square foot fee in (1) above works out to an annual fee of $0.024
per square foot. The monthly rent for a 600' x 600' site would be $720.00. I
came up with the $0.002 rate in search of a round number that would
approximate tne current fee. However, I strongly recommend the Airport
Commission consider adopting a higher fee more reilective of the value of
360,000 square feet of paved surface area on well developed airport)
Chapter 14.05
LANDING FEES
Sections:
14.05.010
14.05.020
14.05.010 General.
(a)
General.
Monthiy reports.
~i+~a-se~Ei#'+ed-gross take-off weight of four thousand (4,000) pounds or moreeveF shall
pav the appiicable landinq fee sqecified in 13.05.060, subiect to the monthiv minimum
45
(b) The followinq are exempt from the repuirement to pav landinq fees~T~~
la+~c~ir~~#ee-#ef
1 an aircraft , with a certificatedse~Ei#ied
maximum qross take-off weight of less than four thousand (4 0001 pounds•
(2) militarv and federal qovernment aircraft as orovided under 13 05 050•aad
3 all ae-laadi""~ fioat planes reqardless of weiqht
I4) the landinq of an aircraft solelv for the purpose of testinq the aircraft or its
svstems, and
(5) the landinq of an aircraft operated bv an air carrier that serves Airport when
the landina is solelv for the purqose of trainina flipht crew personnel
(Res. 90-66, 92-71, 93-42; memo dated 5-31-2000)
14.05.020 Monthly reports.
By no later than the fifteenth (15`h) dav of each month the operator of an aircraft that
uses the Airport and is subiect to the pavment of landinq fees under 14 05 010 AJI
shall submit to the Citv a written report ofs#~ewr+ag the
te~aa~be~e€landings for each aircraft ooerated
at the Airport durina the previous calendar month ~#~ The+s report shall be
accompanied by pavment of the-a~eve landing fees due for that month and must
include the aircraft ooerator's name and mailina address and the followinq information
for each aircraft.
(a) The make model and certificated maximum aross takeoff weiqhfi
(b) The reqistration number•
(c) The date of each Iandinq•
(d) The date of each landinp that is exemat from Iandinq fees under
14.05.010(b)(4) & (5)• and
(e) The total number of landinas subiect to the oavment of landinq fees under
14.05.010.
46
sk~~µ-be-as-fee-(Res. 92-71, 93-42)
Chapter 15.05
~€NANb-~REQUIREMENTS FQR TERMINAL TENANTS
Section:
15.05.010 Generai.
15.05.010 General.
(a) This chapter applies to each person who occupies space as a tenant in the Citv's
terminal buildinq on the Airport under a lease or other aqreement with the Citv
b Each A41-tenants must occupy the saskF terminal space ar2as-as-designated for their
specific type operation.
(b) Each air carrier that is a tenant ai~1}~~must lease and occupy an area of not less
than 150 square feet of ticket counter space and 300 square feet of o~ce space~ and
have direct access to the existing baggage build-up area. Air carriersAi~i~es may share
existing facilities under an approved lease-sublease agreement.
(c) Each c~ar rental concessionaireageasies must occupy an area of not less than one
hundred (100) square feet of desiqnated terminal space
t#~e-~a+~~ese•
(d) All other concessions andF tenants in the terminal buildina shall operate in existing
designated facilities unless specific alterations are approved by the City Manaqer
Seafl~}I.
(e) No temporary, non-profit, or public service activity shall be operated in the terminal
without the permission of the Airport Manaqer and mav not operate for more thanexsess
e# thirty days without approvai of the City Manaqer~e~asil.
(fl Vending machines, newspapers and other pubiications shall be placed in the terminal
buildinq only asser~aase-with the permission and direction of the Airport Manager
+~s#astaeas.
(Ords. 290, 305, 316, 327, 358, 365, 461, 904)
(Regarding the changes to (d) &(e), these kinds of approva(s should be handled
administratively at some /evel below the Council, leaving the Council to handle only
appea/s of lower /eve/ decisions on these subjects.)
47
Chauter 16.05
RESTRICTED AREA ACCESS
Section:
16.05.010 Access to Restricted Aeeas
16.05.020 Special Definitions.
16.Ob.010 Access to Restricted Areas.
(a) A person who desires to enter a restricted area throuph a Citv operated qate must
(1) first obtain a kev card from the Airport Manaqer or
~2) be escorted bv a cardholder.
(b) To obtain a kev card. a person must
(1) submit to the Airport Manaqer a written repuest that
(A) states the reason whv the person reauires access to the restricted
areai
{B) identifies the qate or qates through which the oerson desires access°
and
(C) inciudes anv additionai information the Airport Manaqer reasonablv
re uires.
(2) pav the kev card fee / deposit soecified under Chapter 13 05
(c) When issuino a kev card the Airport Manaqer mav
(1) repuest proof of personal identification from the person repuestinq the kev
card;,
(2) limit the oerson's access to a sinqie qate or specific oates• and
{31 if the person's need for access is temqorarv limit the person's use of the kev
card to a specific penod of time
(d) A cardhoider shali not
(1) loan, qive, or transfer their kev card to anv other oerson•
48
j2) use their kev card to open a qate for anv person other than themseives or a
person who is under the cardholder's direct escort: or
(3) leave a qet open after the cardholder enters or exits a restricted area.
je) The Airport Manaqer may, upon written notice to the cardholder, void the kev card
and bar the cardhoider from usinq an Airport qate, if
t1) the cardholder fails to
~B} complv with the terms under which the Airport Manaqer issued the key
ca~rd ~
(C) complv with a Citv ordinance applicable to the Airport or an Airport
requlation; or
(2) the period of time for which the Airport Manaqer issued the key card expires.
(fl If the Airport Manaqer determines the action is necessarv to provide for the safeN or
securitv of the Airqort in an emerqencv, the Airport Manaqer mav bv electronic or other
means and without prior notice, temporarilv bar access to a restricted area bv anv
cardhoider.
Manaper mav require a cardholder to
(11 submit their kev card to the Airqort Manaqer for re-codinq or replacement• or
(2) surrender their kev card to the Airport Manaqer in exchanqe for a kev card of
alternate technoloqv.
~
When a cardholder returns their kev card to the Airoort Manaqer an undamaqed, fullv
functionai card to the Airport Manaqer, the Citv wiil pav the cardholder the kev card
refund specified under 13.05.060
16.05.020 Special Definitions.
in this Chapter,
49
~a) °Cardhotder" means a person to whom the Airport Manaqer issues a kev card
(b) "Kev card" means a maqnetic card or other portable electronic device used to
operate Citv-operated qates m the Airport perimeter fence
50
~ ~~
Suggested by: iv~ayor rorter
CITY OF KENAI
ORDINANCE NO. 2140-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.90.050(b) TO ALLOW FOR EXCUSED ABSENCES FROM MEETINGS OF CITY
OF KENAI COMMISSIONS, COMMITTEES AND BOARDS.
WHEREAS, KMC 1.90.050(b) states a member of a city commission, committee or
board shall cease to hold office if he/she misses more than one-half of the regulaz and
special meetings in a three-month period; and,
WHEREAS, KMC 1.90.050(b) does not allow for excused absences from meetings; and,
WHEREAS, failing to allow for excused absences for commission, committee or boazd
meetings can create a hardship for members who must miss meetings for good cause;
and,
WHEREAS, it is di~cult for the City of Kenai to recruit and retain qualified and
committed citizens to serve on commissions, comxnittees and boards; and,
WHEREAS, allowing excused absences for good cause would allow the City of Kenai to
better retain qualified and committed members.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 1.90.050(b) is amended as follows:
1.90.050 Psoceed3ngs.
(b) If the commission, committee or boazd member shall be absent,
without the bodv excusine the absence for eood cause from more than
one-half of all the meetings of his/her committee, commission or board,
regulaz and special, held within any period of three (3) consecutive
calendaz months, he/she shall thereupon cease to hold the seat. A
commission, committee or board member mav not have more that three
(3) excused absences durine a twelve-month calendar vear.
PASSED BY THE COUNCIL OF THE CITP OF KENAI, ALASKA, this 15th day of
February, 2006. ,
G~!~'=-~~~c~~J _
P T PORTER, MAYOR
ATTEST:
~~~~~~~
Cazol L. Freas,~City Clerk
Introduced: February 1 2006
Adopted: February 15, 2006
Effective: March 15, 2006
~ ~~a
AGENDA
KENAI CYTY COUNCIL - REGULAR MEETING
FEBRUARY 15, 2006
7:00 P.M.
KENAI CYTY COUNCIL CHAMBERS
http:l /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 (*J aze 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.
ITEA3 B:
ITEM C:
ITEM D:
ITEM E:
e~~~ 1.
d/~"~~i~ ~ 2.
SCHEDULED PUBLIC COMMENTS (10 minutes)
UNSCEiEDULED PUBLIC COMMENTS (3 minutes)
REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
PUBLIC HEARINGS
Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the
Time of Regularly Scheduled Council Meetings From 7:00 P.M. to a Time
Set by Resolution of the City Council.
Ordiaance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for
Excused Absences From Meetings of City of Kenai Commissions,
Committees and Boards.
~ 3. Ordinaace No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Charges
Which are Due and Unpaid to Become Liens Against the Property Served.
~~ 4. Ordiaaace No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Wkuch
Issues May Be Appealed to the Boazd of Adjustment and Setting Forth
Rules Regazding VJho Has Standing to Bring Appeals.
5. Ordiaaace No. 2143-2006 -- Amending the Official Kenai Zoning Map
~~~ by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split-
Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic
(TSH) Oniy.
~~(~ ~. 6. Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code
Land Use Tabie (KMC 14.22.010), Foomote 19 that Requires Some
Conditional Uses in the Rural Residenual-1 (RRi) and Suburban
Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur
Highway.
7. Ordinance No. 2145-2006 -- :~mending the Official Kenai Zoning Map
by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at About
Mile 6 From Rural Residential (RR) and General Commercial (CG) to
L'united Commerciai (LC).
a. Substitute Ordiaaace PIo. 2145-2006 -- Amending the Official
-°~0~~~~r Kenai Zoning Map by Rezoning 53.85 Acres Located Along the
~,G~dG,~ Kenai Spur Highway at About Mile 6 from Rural Residentiai (RR)
and General Commercial (CG) to L'united Commercial (LC).
(Clerk's Note: Ordinance No. 2145-2006 has been introduced. A motion to
approve Ordinance No. 2145-2006 is needed, foilowed by a mofiarz to substitufe.J
8. Resolutioa No. 2006-05 -- Setting the Public Hearing Date on the
~~~~' Proposed Angier Drive Paving District.
~Q 9. Resolution No. 2006-06 -- Awazding a Professional Services Contract
/~~~ for Airport Security Guard Services at the Kenai Municipal Airport to
Kenai Security Services, Inc. for the Period Mazch 1, 2006 Through
February 28, 2009.
10. *2006 Liquor License Renewals --
a. Fraternal Order of Eagles #3525 -- Club
b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism
c. Jennifer Lee, d/b/a New Peldng Chinese Restaurant --
Restaurant/Eating Place.
d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage
Dispensary/Tourism -- Seasonal.
e. Chazlotte's, Inc., d/b/a Chariotte's -- Restaurant/Eating Place __
Public Convenience.
ITEM F: MINUTES
1. *Regular Meeting of February 1, 2006.
%TEM G: UNFIINISHED BUSINESS
ITEM H: NEW BUSINESS
~~ i. Bills to be Ratified
~~~ffd~ 2. Approval of Purchase Orders Exceeding $15,000
3• *Ordiaaace No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
"Commercial Building and Property Maintenance."
4• *Ordiaaace No. 2147-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
5• *Ordinance No. 2148-2006 -- Repealing the Existing Landscaping~Site
Plan Regulations at KMC 14.25 and 14.20.115(i) and Repiacing It with a
New KMC 14.25 (Landscaping~Site Plan Regulations).
6• *Ordiaaace No. 2149-2006 -- Amending KIVIC 21.10.040 by Allowing
Lease Applications to be E~tended for Six (6) Additional Months for Good
Cause and Providing That Lease Application Appraisais aze Good for
Ttvelve (12) Months.
~~~7. Approval -- Lease Application -- Mazk E. Lockwood, d/b/a Kenai Self-
Storage/Tract B, Gusty Subdivision No. 2.
~~~ $. Approvai -- Amendment to Special Use Permit -- Kenai Centrai High
School Hockey Booster Club/Dasher Boazd Advertisements and Ice
Logos -- Multipurpose Facility.
~; 9. Approval -- Kenai Municipal Park Site Improvement Plan
~~. 10. Apgroval -- Pazks & Recreation Commission Letter to Senator
Wagoner/Section 36 Street Light Request.
6~i~ru~ • ~ir~~f'
~,y,~,~~~ 11. Discussion -- Event/Conference Center
ITEM I: CObIMISSYON/COMMYTTEE REPORTS
1. Council on Aging
2• Airport Commission
3. Hazbor Commission
4. Library Commission
5• Parks & Recreation Commission
6. ~anning & Zoning Commission
7. Miscellaneous Commissions and Committees
a• Beautification Committee
b. Alaska Municipal League Report
C• Arctic Winter Games
d. Stranded Gas Committee
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMIPIISTRATION REpORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
F.XECUTIVE SESSION - None Scheduled
ITEM M• ADJOURNMENT
AGENDA
KENAI CITY COUNCII. - REGULAR MEETING
MARCH 1, 2006
?:00 P.M.
KENAI CYTY GOUNCIL CHAMB
httv: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approvai
4. Consent Agenda
*All items listed with an asterisk (*) aze 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: SCHEDLTLED PUBLIC COMMENTS (10 minutes)
~~~~4~ Eric Wilcos -- McCollum/Aliak Drive Proposed Local ImprovemenC
ur 7~d~~~ District
2. Larry Lemis, Alaska Fish 8a Game -- Wildlife Consen+ation Community
Program Update
ITEM C: tTNSCIiEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
~~~~ 1. Ordiaance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080
by Adding Sections That Provide for City Water and Sewer Chazges
Which aze Due and Unpaid to Become Liens Against the Property Served.
(Clerk`s Note: A motion fo adopt Ordinance No. 2141-2006 was made prior
to the ordinance being postponed to this meeting.J
~j?2e~iCeA~ 2. Ordiaaace No. 2146-2006 -- Enacting KMC 13.10.070 Entitled,
yy~~~~ ~. "Commercial Building and Property Maintenance." Y~ ~,
3. Ordiaance No. 214?-2006 -- Increasing Estimated Revenues and
~~~ ~. Appropriations by $15,000 in the General F1uid for an Alaska Highway
Safety Grant to Reimburse the Police Department Overtime Account.
~'~~~ 4. Ordiaance No. 2148-2006 -- Repealing the Existing Landscaping~Site
Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It with a
New KMC 14.25 (Landscaping/Site Pian Regulations).
5. Ordiaance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing
Lease Applications to be Extended for Suc (6) Additional Months for Good
Cause and Providing That Lease Application Appraisals are Good for
'I~velve (12) Months.
(Clerk's Note: Ordinance No. 2149-2006 has been introduced. A motion to
adopt is needed and if the irztention is to consider the substitute, then a
motion to substitute is needed.)
~/ a. Substitute Ordiaaace No. 2149-2006 -- Amending KMC
/G7~ddP~ ~' 21.10.040 by Providing That Lease Applications Shall Expire After
One Yeaz and May Be Extended for Six (6) Additional Montias for
Good Cause and Providing That Lease Application Appraisals are
Good for'Itvelve (12) Months.
~~~ ~ 6. Resolutioa No. 2006-07 -- Transferring $8,300 in the General F~nd
Clerk Depaztment From Professionat Services to Salaries and Benefits.
J ~~~ 7. Resolutioa No. 2006-OS -- Awazding a Lease for Ttvo Fish Seasons (May
/~ 15, 2006 to September 30, 2007) of Kenai Dock Station No. 2 to Copper
River Seafoods for the Seasonal Base Bid of $35,621 Plus $0.03/Lb. Over
1,187,367 Lbs. Plus $500 Per Month for Boat Storage Area No. 2.
~~y~ ~, 8. Resolution No. 2006-09 -- Approving a Contract to Foster Construction,
Inc. for the Project Entitled Kenai Soccer Park Clearing - 2006 for the
Total Amount of $184,600.
9. *Liquor Licease Renewal -- Kenai Golf Course
ITEM F: MINUTES
*Regular Meeting of February 15, 2006.
ITEM G: UNFIIVISHED BIISINESS
ITEM H: NEW BUSINESS
~,A,sJ/°~yY,rt~ 1. Bills to be Ratified
~.,~.o,.
t1,~i~p~~ 2. Approval o£ Purchase Orders Exceeding $15,000
. ~-
3. *Ordinaace No. 2150-2006 -- Increasing Estimated Revenues and j
Appropriations by $20,000 in the Airport Land System Special Revenue
~znd and the Runway Safety Area Improvements Capital Project ~nd.
4. *Ordinaace No. 2151-2006 -- Increasing Estimated Revenues and
Appropriations by $2,850 in the General Fund for Art Acquisition.
5. *Ordinaace No. 2152-2006 -- Amending Land Use Table KMC
14.22.010 to Remove Footnote 10 From the Land Use Category of
"Churches" in the Central Commerciai (CC) and General Commercial
(CG) Zones in the Land Use Table and Changing "Churches" Fmm a
Conditional Use to a Principal Permitted Use in the Light Industrial Zone
(IL).
C~i.~~~,_,~ ~D 6
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~~~ ~~~~7
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ITEM I:
1.
2.
3.
4.
5.
6.
7.
ITEM J:
ITEM K:
1.
2.
3.
ITEM L•
1.
2.
EXECUT
%TEA2 M°
Discussion -- Community Dividend Program Bills
Discussioa -- Scheduling Budget Work Session(s)
Council on Aging
Airport Commission
Hazbor Commission
Library Commission
Parks & Recreation Commission
Pianning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Comauttee
REPORT OF THE MAYOR
ADMIPiISTRATION REPORTS
City Manager
Attomey
City Clerk
DISCUSSION
Citizens (five minutes)
Council
- None Scheduled
ADJOLiRNMENT
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Report for City Manager ~~~
February 28,2006
Prepared by Rebecca Cronkhite, Airport Mnnager ~
'~ ~
The Kenai Municipal Airport is a Part 139 certificated, primary service airport with approximately 90,000
annual enplanements. The airfield consists of one 7,575 foot air carrier runway, a gravel strip and a float
plane facility. Buildings include a 23,000 sq. ft. Terminal and separate Operations Facility, housing the ARFF
response vehicles and the maintenance and snow removal equipment. There aze four full time employees,
including the airport manager.
The primary responsibility of the airport staff is to maintain the airport in compliance with the FAA Part 139
Certificadon manual. The stated mission of the airport is "to be the commercial air transportation gateway to
the Kenai Peninsula Borough and West Cook Inlet." The vision of the airport is "a strong air transportation
center with passenger and cargo air carriers serving multiple destinations, general aviation facilities and
services supported by a well managed landside development program that wiil generate long-term revenue
streams and protect the airport environs from encroachment of incompatible land uses."
The maintenance and snow removal activities consume most of the airport resources. In addition, there are
several annual events that require a significant investment of time and resources:
~ Mid May Kenai Peninsula Air Fair; in cooperation with the Soldotna Airport, FAA, Alaska Airmen's
Association, Experimental Aircraft Association, and various community groups, the annual Air Fair
and Fun Run (poker run) attracts pilots and aviation enthusiasts from around Alaska for a day of good
food, military appreciation events, static displays and music.
~ Kenai River Classic; a premier community event attracting a wide range of participants. Last yeaz ten
jets ranging in size from a Gulfstream V owned by Lockhead Martin to Gulfstream IV's and III's,
Falcons, Lear Jets and Citations all parked at Kenai. The Airport staff assists with parking, ground
handling, and assisting pilots. Since the Airport started coordinating with the Kenai River Ciassic we
have taken a larger role in accommodaring corporate jets and facilitating the arrival and greeting of
guests flying commercialiy.
'~- Annual FAA Certification Inspection; this is the big one! ENA is a fully certificated Part 139 airport,
which means we follow all the rules that the big airports follow. It also means we are subject to a
yeaziy inspecrion of all our operations and maintenance activities. Failure to meet the appropriate
FAA standazds can result in a variety of regulatory actions, the most severe being revocation of our
operating certificate.
~ Additionally, we have the annual review of our ASP (Airport Security Plan, DBE plan/goals,
Certification Manual and Wildtife Hazard Management pIan. All FAA required documents.
The following projects aze `in the works'.
~ AIP 3-02-0142-3002 Airport Environmental Assessment: There are multiple projects within the
runway project including safety azea improvements, runway overlay, lighting upgrades and drainage
improvements. This project took into account all projects anticipated in the next three years and
conducted an environmental assessment and a supplemental assessment of runway length needs on
both the main runway and the waterlane. The final draft Environmental Assessment was completed
December of 2005. Ready for closeout to start.
^~- AII' 3-02-0142-3103 Terminal Improvement Project: This project involved major improvements to
the access roads to the Terminal and associated drainage. The majority of the construction occurred in
'O5. Paving of access to lease lots to occur in spring `06. Grant closeout scheduled for August '06.
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Report for City Mannger
February 28, 2006
Prepared by Rebecca Cronkhite, Airport Mnnnger
~Y AIP 3-02-0142-3002 Security Improvements Phase I: This was a two part project to secure ail the
gates on the airport, improve the fencing and install security cameras throughout the Terminal and air-
side of the airport. Monitoring equipment was purchased for the Police Dispatch Center and will
enable to City to add on additional cameras like the one recently installed at the ice rink. Closeout in
process.
~ AIP 3-02-0142-033-2004 Security Improvements Phase II Gate Modifications - continuation of Phase
I most of the security camera work occurred in Phase I and the Gate construction in Phase II. Majority
of gate instaliation occurred summer of 'O5. Some tenants aze still dismayed that they are no longer
allowed to drive around the taxiways in their personal vehicles.
~ AIP 3-02-0142-032-2004 Update Airport Master Plan Phase IL This was a long public process to
verify and revise the current master plan projections and capital improvements plan. This project is
commonly known as the Supplemental Plan and involves numerous suggested changes to the financial
and land use plans.
~ AIP 3-02-0142-034-2005 Construct Parallel Taxiway. This was a major construction project summer
'O5. This project was substantially compieted with no nznway incursions. Paving is scheduled for
spring '06.
~ Runway Safety Area Improvements: This project is currently in design. Airport manager is working
on the CIP Data Sheet and the grant application. FAA expects to fund in two phases with the total
amount estimated at close to 11 million.
~ General Aviauon Vehicle Pazking Lot. This is an airport project (not AIP funded) to construct a
parking lot for vehicles at the south end of the airport. There are numerous businesses in the general
aviation azea that aze growing and required more pazking space than is currently available on their lots.
We plan to build a gravel lot, and top it with rotomill asphalt from the runway project. This will
alleviate existing pazking problems and allow businesses located in that area to continue to expand.
This covers the main projects and events we are working on. The airport is a dynamic environment and the
daily activates and challenges are difficult to enumerate. Arctic Winter Games activities aze consuming all of
our energy right now but we continue to work on a number of ongoing relationships with prospective builders
and tenants. We aze also keeping a close eye on the Era Aviation bankruptcy proceedings and exploring
options with other carriers should Era diswntinue service to Kenai.
U.S. DBpa~Ptnett4 of Commandinp OHicer P.O. Box 190C ~~ I/,1 a
Homeland Security United States Coast Guard Kodiak, qK gf `I 1/~
Ak Shatlon lCOdiak SfaIF SymboL• . V V
UIl(kBO~ Jt8t88 Ppa~ic ~7~4~87
Coast Guard
Rebecca Chronkhite
Airport Manager
Kenai Municipal Airport
305 N. Willow, Suite 200
Kenai, AK 99611
Dear Ms. Chronkhite,
5000
16 FEB 2QOfi
Thank you for the outstandiag support your sta.$ in particutar Ms. Mary Bondurant, provided
my air crews during the recent grounding ofthe M/V SEABULK PRIDE.
On Febn~ary 2, 2006, the vessel broke loose from the Nikiski Terminal while loadin~ heavy
vacuum gas oiI (I3VG0) and unleaded gasoline, creating an urgent response from the Coast
G~uarrd. USCG Air Station Kodiak responded to this safety and environmentat threat with riyo
HG130H Hen,vtes and two HIi-60J Jayhawk helicopteas. Due to the distances involved from
Kodial5 Kenai Muaicipal Airport played a key role as a staging area for the response effort.
Use of your facility allowed my aircrews to expeditiously transport marine pilots, marine safety
inspectors, and provide other support to the M/V SEABULK PRIDE case. When the vessel was
re-floated and Coast Guard av~a6on support no longer required, you continued W assist Air
Statioa Kodiak by allowing use of your office space for dependable communications and your
garage for a storage area. This was parlicularly appreciated when one of the HH-607's
developed mechanicai problems associated with the sub-freezing temperatures. Your ststff s
extraordinary hospitality afforded my maintenance te~n and aircrews a respite from the weather
and enabled CG6021 to retuzn to an operational stahas as quickly as possible.
Thank you for your support to the Guardians of the Last Frontier
Sincerely,
~.~-.,~J~(
M.A.NEUSSL
Captain, U.S. Coast Guard
Commanding Officer
Coast Guard Air Station Kodiak
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