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Home My WebLink About2006-04-13 Airport Commission PacketxExai AYxroRT coMMassaorr APRIL 13, 2006 KENAI CITY COUNCIL CHAMBERS '7:00 P.M. AGENDA YTEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 16, 2006 YTEM 4: PERSONS SCHEDULED TO BE HEARD a. Presentation -- Spruce Bark Beetle Mitigation Project ITEM 5: OLD BUSINESS a. Discussion -- Air Fair Report, Commissioner Eric Mayer b. Discussion -- Airport Regulations ITEM 6: NEW BUSINESS a. Discussion -- Code Changes b. Discussion -- Spruce Bark Beetle Mitigation ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for March 15 and Apri1 5, 2006. b. 3/31/06 Airport Manager Report c. Request For Quote -- Spruce Bark Beetle Mitigation Project ITEM 11: ADJOURNMENT I PLEASE CONTACT U5 IF YOU WILL NOT BE ABI.E TO ATTEND THE MEETING: CAROL -- 283-8231 OR, REBECCA/MARY -- 283-7951 KENAI AIRPORT COMN APRIL 13, 2006 KENAi CITY COUNCIL CF '7:00 P.M. AGENDA YTEM l: CALL TO ORDER AND ROLL CALL YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 16, 2006 YTEM 4: PERSONS SCIiEDULED TO BE HEARD a. Presentation -- Spruce Bark Beetle Mitigation Project ITEM 5: OLD BUSYNESS a. Discussion -- Air Fair Report, Commissioner Eric Mayer b. Discussion -- Airport Regulations ITEM 6: NEW BUSINESS a. Discussion -- Code Changes b. Discussion - Spruce Bark Beetle Mitigation ITEM 7: REPORT a. Commission Chair b. Airport Manager a City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMAT%ON ITEMS a. Kenai City Council Meeting Action Agendas for Mazch 15 and April 5, 2006. b. 3/31/06 Airport Manager Report c. Request For Quote -- Spruce Bark Beetie Mitigation Project YTEM 11: PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL -- 283-8231 OR, REBECCA/MARY -- 283-7951 ~'~em KENAI AIRPORT COMMISSION ~xcx xe, aoob KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- February 9, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussioa -- Airport Regulations/Recommended Changes YTEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for February 15 and March l, 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 YTEM 11: ADJOURNMENT KENAI AYRPORT MARCH 16, 2006 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at appro~mately 7:04 p.m. Roll was confirmed as follows: Commissioners present: J. Bielefeld, H. Knackstedt, E. Mayer, D. Haralson Commissioners absent: J. Zirui, C. Versaw, L. Porter Others present: ERA Aviation Station Manager J. Davis, Wince-Corthell- Bryson Consulting Engineers representative C. Madden, Airport Manager R. Cronkhite and CouncIl Member C. Massie A quorum was present. ITEM 2: AGENDA APPROVAL The Commission was requested to add Airport Projects to Item 5, Old Business and to add Julie Davis; ERA Aviation to Item 4, Persons Scheduled to Be Heard. MOTION: Commissioner Bielefeld MOVED to approve the agenda with the additions and Commissioner I-Iaralson SECONDED the motion. There were no objections. SO OI2DERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 9, 2006 MOTION~ Commissioner Bielefeld MOVED to approve ttxe meeting summary of February 9, 2006 as presented and Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSON3 SCHEDULED TO BE HEARD 4-a Julie Davis, ERA Aviatioa Station Manager -- Davis reported on ERA activities in support of the Arctic Winter Games (AWG). She provided a statement to be included in the Council packet. ITEM 5: OLD SUSINESS 5-a Casey Madden, Wince-Corthelt-Brqson, Goasulting Engineers -- Madden reviewed plans for runway unprovements namely safety areas pavement and lighting. He also provided plans and a Ietter outlining the project and timeline. ITEM 6: 6-a. Discussioa -- Airport Regulations/Recommended Changes The Commission will review the airport regulations during the netct three weeks and forward comments to the Airport Manager. The regulations and comments will be in the next packet for further review by the Commission. ITEM 7: REPORT T-a. Commission Chair -- Chair Knackstedt noted that aircraft arrivals for the AWG were very quiet. 7-b. Airport Manager -- Airport Manager Cronkhite called attention to the reports in the packet. 7-c. Citq Council Liaisoa -- Council Member Massie noted the Council is also working on code changes. ITEM 8: COMMYSSIONER COMMENTS AND QUESTION3 Commissioner Hazalson gave kudos to the whole airport crew, baggage handlers and everyone who helped with the Arctic Winter Games. Haralson asked if the SEA-TAC migratory water foul fencing would be appropriate for Kenai. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for February 15 and March 1, 2006. 10-b. 2/28/06 Airport Manager Report 10-c. 2/ 16/06 U.S. Coast Guard letter of commendation. 10-d. 2/06 Kenai Municipal Airport Enplanement Report ITEM 11• ADJOURNMENT AIRPORT COMMISSYON MEETING MARCH 16, 2006 PAGE2 MOTY~N: Commission Hazalson MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:25 p.m. Meeting Summary prepared by: Cazol L. Freas, City Clerk AIRPORT COMMISSION MEETING MARCH 16, 2006 PAGE3 ~- ~. @ 1'1 1 ~ ' . Tire,nn b Muwicipai AirpoK ~~Sewi,v~~i~iGr~x x.ev~a.i. ~ea~~ctila%' 30.5 N. WILL6YV ST. SIIiE ~0 FmdN, AI.ASKA 99611 T6l.EP110P1E 967-283~7959 FAX 907,?833737 To: Airport Commission From: Rebecca Cronkhite - Airport Manager Date: Aprii 6, 2006 Subject: Recommended Changes to Airport Regulations The attached Airport Regulations reflect changes discussed at the March Commission meeting. i received no written comments from the Commission; therefore, the attached document will be forwarded to the City Attorney for review on April 15. if you have comments or suggestions after that date, they should be addressed to City Attorney Cary Graves for inclusion in the Council's finai review packet. www.ci.kenai.ak.us. Kenai Municipal Airport 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 (seessed-et~~). ~ When the need for a recommended regulation change isn't readily apparent from the text or context, a brief expianation is included in (!falics) following the proposed amendment. i Except as explained in the foilowing paragraph, all references to the Kenai Municipai Gode (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 single chapter, all of the code references in the airport regulations wiii have to be amended accordingly. Some of the following regulation changes are based on new additions to the KMC we are also recommending. The final citations for these recommended KMC additions are unknown at this time. So, whenever it is necessary in th~se regulation changes to include a reference a recommended new KMC provision, the citation is indicated as "KMC 00.00"e 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". If the latter is the correct citation, then the former should be corrected throughout these regufations. Stephen L. Pavish Northern Horizon Co. *Rt:k****p1Ye1~*4:kX<Y#if YfFp4#4#qyt*YM*!R#4***F**k**lhYtYk* Chapter 1.05 AUTHORITY Section: 1.05.010 Authority 1.05.010 Au4hoeity. (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 promulgated governing the conduct of all persons visiting or using the facilities of the Kenai Municipai Airport and all vehicles, structures, property and aircraft on the Airport Reserve~es. The penalty for violation of any Airport Regulations shall be as prescribed in the Kenai Code of Ordinances, unless otherwise provided herein. (b) These regulations aiso govern the conduct of a!I persons flying within a five mile radius of the Keaa+-Airport unless exceptions are specifically provided in the Federal Aviation Agency Regulations, or uniess the Airport Manager authorizes exceptions not in conflict with the Federai 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 foliowing terms shall have the meanings given below, uniess the context requires otherwise: (A quali~er like this is needed because a defined term may occasionally be used in a generic sense. For example, "airport" in the NOTAM definition is a generic reference. It doesn't mean Kenai Municipal Airport.) (a) "Air Carrier" '~RCi~means a person who undertakes directly by lease or other arrangement, to engage in air transportation. (ab) "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 Municipal Airport, including ali the runways, taxiways, aprons, water lanes, water taxiways, and all City-owned real estate located within the boundaries of the Airport Reserve. (Using fhe unmodified word "AirporY'throughout the regulations simplifies phrasing and eliminates the multiplicity of terms used in the 2 existing regulations when referring to the airport, such as Kenai Municipal Airpori; Kenai Airport, Kenai Field, Airport, etc.).) ~ (d~) "Airport Manager" refers to the official to whom the City Manager of the City e€ KeaaFhas delegated the authority and responsibility of managing and directing the activities of the-AAaa+sipal Airport, ."Airport Manager" includes that person's authorized representative. (The accountability phrase adds nothing to the definition. The relative level of accountability between a given airport manager to a given City Manager doesn't help the public identify who is in charge of the airport. And, common sense provides that a person to whom authority is de%gated owes accountability to the person who gave the delegation, un/ess the delegation documenf says otherwise. lf there was any doubt about that, 3.05.010(a) eliminates it by making it c/ear that Airport Manager decisions are subject to appeal to the Cify Manager.) (e) "Airport Reserve" refers to the Kenai Municipai Airport 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~aisipal-Airport by virtue of a contract or lease with the City-ef-44eaa}. (Note: this definition would exclude a transient commercral air camer because they would not have a"contracf or lease wifh the City'. In the single regulafion where this ferm is used (4.05.010(b)), I'm not sure you'd want to exclude a transient air carrier from lending aid (notwithstanding my adverse commenfs in my note to 4.05.010(b).) - (g~) "City'" shall mean the City of Kenai, A~aska. (he) "City Manager" refers to the official to whom the Kenai City Council has delegated the responsibility of managing and directing ail activities of the City-e€-14eaai. (i) "CMGTW" means the certificated maximum gross takeoff weight of an aircraft as established by the Federal Aviation Administration. Q~ "Airport Employee" refers to any person employed by the City-e~K2aa+ 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 preceded by "AirporY'. The only time "employee" is used alone it does not refer to a City employee working at the airport. So, it seems much /ess confusing to make this special definition apply only to `Airport Employee") (k~) "Fieid Area" is that area within the Airport Reserv Nk~+sipal-A+F~s~ that the Airport Manager designates~ for, or restricts to, use by aircraft only, ' , , ~A.~n.+..er .,c 4he C'.~I.J A.e.. (I#) "Fire Department" refers to a~y-er~~leyee-e#-the City of Kenai Fire Department~ (Nowhere in the regulations is "fire department" used to mean an emp/oyee or representative. It is only used in its agency sense.) (m +} "Fuei Tender" refers to any motor vehicle, trailer, or other mobile contrivance used for the transporting, handling or dispensing of gasoline, kerosene, oil or other fuel or lubricant. (n}) "Heavy Aircraft" . Aircraft capable of takeoff weignts of more than 255,000 pounds whether or not they are operating at this weight during a particular phase of flight. o"Large Aircraft° Aircrait of more than 41,000 pounds. maximum certiricated takeoff weight, up to 255,000 p" Small aircraft" Aircraft of more than 12,500 and less than 41,000 pounds maximum certificated take off weight. (ok) "Light Aircraft" refers to any aircraft weighing less than 12,500 pounds. ~~ ~~ .(The term, "mobile equipment", does not appear in the existing regulations.) (pt~) ""Motor Vehicle'-"' refers to any self-propeiled contrivancevek~isle, other than anasE ~g aircraft, upon or by which a person or property may be transported or drawn . ("Contrrvance"more specifically refers to something mechanical than does "device".) (q~r) ""Movement Area"" refers to the runways, taxiways and other areas of the Airporta~ air~er~ which are designated by the Airport Manager~#+li~ed for the taxiing, takeoff and landing of aircraft, exclusive of loading ramps and parking areas. (~„ ~,,, . . . I . (This definition seems unnecessary, given the definifion of "Airport" above and the fact that the City operates only one airport.) (rp) '-"`NOTAM'-"' signifies an abbreviation for'-"'Notice to Airmen,"" published and distributed 4 to pilots and others concerned with aeronautical operations ca(ling attention to speciai airport or flying restrictions or conditions. (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 wiil be responsible to adhere to any restrictions, limitations or rights covered within these regulations. (tf) '-"`Police Officer"" refers to an aa~-employee or authorized agent of the City of Kenai Police Department having law enforcement authority ~ .("Potice is used in only two places in the existing regutations. ln both places, the context of the regulation does not appear to extend beyond the Kenai Police Department or City Police o~cers.') (us) ""Public Area"" refers to that space on the ' PAt~aisipal Airport in which access by members of the general pubiic is not prohibited, inciudingdeveted-te roadways, walkways, designated parking or seroice areas of airport structures, including both municipal and lessee buildings, and El~a~areas occupied and used by airport concessions for serving the public. (Ord. 316) (The need for this definition isn't immediatety 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, I recommend the wording be clarified as indicated. Otherwise, the entire definition should be deleted.) (v) "Restricted area" means the fieid area, all other areas of the Airport enciosed by the Airport's perimeter fence, and any other portion of the Airport the Airport Manager closes to regular access by the general public for safety or security reasons. Chapter 3.05 AIRPORT MANAGER AUTHORITY AND RESPONSIBI~ITY Sections: 3.05.010 Airport Manager Authority and Responsibility 3.05.020 Appeal of an Airport Manager Decision or Order 3.05.010 A,irport Manager authority and responsibility. (a) The Airport Manager-~r-ki+s is authorized by the City to enforce compliance with Airport regulations, . All persons on aa~ar#-sf-t~e 5 the Airport shali be governed by the regulations of the Airport ~ressFi~e~-beFe and by ail ~y-orders and instructions '' issued by the Airport Manager under the authoriiy of the regulations. A person who disputes the enforcement of an Airport Manager order or i~struction may appeal to the City Manager. (In light of the revised `Airport Manager" definition, the last haff of fhe first sentence is redundant and unnecessary. The revisions to the first half of the first sentence eliminated passive voice.) (The changes at the end of the second sentence de/ete some archaic legal language and make Airport Manager decisions under (a) subject to appeal just like those under (b), be/ow. 1 couldn't think of any reason why a decision under (a) should not be subject to appeal.) (b) In the event of any contingencies not specifically covered by these regulations, the decision of the Airport Manager shali be final, subject to appeal to the City Manager. (c) In addition to the Airport Manager, members of the City Police and Fire Departments,'"° "~~^^h nn^^°~°' ;°are authorized, within the scope of their respective jurisdictions, 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 first sentence of (c) makes no sense to me because the Airport Managers enforcement authoriEy is already clearly granted in (a) &(b). The amended wording is perhaps what was intended. I added the "scope" limitation because the City shouldn't give a fireman or patrol officer all of the same authority the Airport Manager has to enforce every regulation, such as issuing NOTAM's, authonzing people to access restricfed areas, eta This kind of blanket delegation of enforcement authonty to non- airport agencies exposes the City to significant liabilities in an aircraft disaster situation. IPs nof hard to imagine the financial impact on the City if the Airport Manager, the police, and fire personnel gave conflicting orders in a crash sifuatron. Or, the impact of a person being injured as a result of an order given by a polrce officer or fireman that is later demonstrated to be improper under FAA regulations or airport industry best practices. 1'm not even sure the "scope" addition completely solves the problem. It would be best to spell out fhe specific sections of the regulations that the Police and Fire Department personnel can enforce.) (On the other hand, if the intent of the exrsting sentence was to grant police and ~re enforcement powers to the Airport Manager, it was extremely ambiguous and needs to be complefely rewritten.) (d) The Airport Manager may remove or eject from the Airport ~ises-any person who violates any requirement of these Airport regulations-set-#e##-i~ ~+~-~esa~e~ or any order or instructions issued by the Airport Manager under the authority of these regulations, and lae may deny use of the Airport and its facilities to any such person if the Airport Managertae determines that thest~s~ removai, ejectment, or denial is necessary to maintain the safety or security of the airport~e sifs~staasc~s. (The use of "knowingly and willfully" puts a heavy burden of proof on 6 the Airport Manager. A drunk wandering around on a taxiway may not be there "witlingly o~ knowingly'; but the Manager should stil! immediafely remove him from the airport. I think it would be 8etter to drop the "willingly and knowingly" and aufhorize the manager to remove people who violate the regulations when he or she determines that course of action is in the interest of airport safety or security.) 3.05.020 Appeai of an Aieport Manager decision or order. ~ (a) A person who is adversely affected by a decision or order by the Airport Manager may appeal to the City Manager. To be considered, an appeai must be in writing, describe the facts or issues in dispute, and be received by the City Manager within 30 calendar days after the date on which the Airport Manager's decision or order was mailed or given to the person making the appeal. (b) The City Manager's decision in an appeal of an Airport Manager's decision or order shail be in writing and give the reasons for the City Manager's approval or denial of the appeai. (If appeals of Airport manager decisions / orders are allowed, it's important that both the appeal and the City Manager's decision on the appeal be in writing. IPs also important that City maintain a file of a// correspondence regarding appeals. Keeping everything in writing establishes a record with which the City can respond in the event an airport user protests the City's actions to the FAA or initiates litigation in court. The 30-day time limit in (a) prevents appeals from being filed months after the fact. A 30-day limitation on appeals is used in the state's airport regulations (17 AAC 45.910) and is fairly common among the rules of other airport operators.) Chapter 4.05 AERONAUTICAL ACTIVITIES Sections: 4.05.010 Aeronauticai Activities. 4.05.020 Airport Manager's authority over aeronautical activity. 4.05.010 Aeronautical activities. (a) A person who engages in any Raeronautical activityies ona~ the Airpart; oraac~ operates an~r~Q-s~ aircraft departing from or arriving in the airspace above the Airport shall comply with Federal Aviation Agency Regulations and orders issued by that agency'st#~e Regional Director or Facilities Chief at the Kenai Airport " ' ' ' ~ .~~ don't suppose it hurts anything to keep it, but this entire provision seems superfluous. 7 All aeronautical activities that are subject to FAA oversight and regulation are, indeed, subject to FAA oversight and regulation, regardless of where those activities take place and regardless of whether or not an airport operator's regulations say so. Buf, if the City has some reason for wanting to retain this provision, ~ recommend it be edifed as shown.) (The phrase "not in conflrct with said regulations" requires every airport user to do a legal analysis of the order vs. the regulations. As written, a person who comp(ied wifh an FAA order would be guilty of violafing this regulation, if the order was subsequently found to be invalid! An airporf user's compliance should not be based on their 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 subject for later dispute or litigation, but not at the moment the circumstances subject to the order occur.) (b) In the event that any person exhibits ans#a41-sk~ew intent to board and/or operate an aircraft while he is physically incapacitated or mentally irresponsible by virtue of intoxication or the effects of drugs, or if any person s#~all-attempts to board or operate an aircraft illegaily, 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 to 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 both the City and the Aviafion Operator to signi~cant liability. If fhe Aviation Operator fails fo sufficientiy 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 Qperator uses excessrve force fo fulfil! his duty to restrain, the City could be liable for giving the Operator authority to restrain "in any manner necessary". Beyond a(f that, given the broad definition of `Aviation Operafor'; a mechanic called in to work on an engine and the driver of a truck delivering fuel to the aircraft have the identical duty fo restrain as the aircraft operator's flight crew and ground agents.) (The general idea of preventing illegal or i~responsible behavior sounds good, but I don't believe it can be accomplished by giving an Aviation Operator the same duty (and, fherefo~e, the same authority) as a City o~cial or emplayee. Not knowing the full scope of liability law that might apply here, 1 hesitate to suggest a specific solution. The City Attomey should examine this subject carefully.) (c) A person who witnesses a violation of these Airport regulations~e-eveat~y ' , ' shall . #ar~s~ess+ea;-~e-promptly report the violations~sk~-ac~ to the Airport Manager .(lt its existing form, this provision is very pooriy written. I assume fhe City would like anvone who wifnesses a violafion to reporf it.) 8 ~d~ . . . . ~ . (Since this provision relates oniy to the dissemination of information and not to the issuing of orders, rt serves no real purpose. The Airport Manager doesn't need the authorify of a regulation to merely share information with airport users.) (e) If~^ °M~-~„~ the Airport Manager believes the conditions of the Airport or any portion of the Airport is#e-~e unsafe for aircraft operationslaadiag~ef-tal<e--s#, the Airport Manager+E shali issue a NOTAM closing the Airport or portion of the Airport to aircraft operations. When the Airport Manager determines that the Airport or closed portion of the Airport has returned to a condition permitting the safe operation of aircraft ' , the Manager shailw~~4 issue aaast#eF NOTAM reopening the Airport or portion of the Airport to aircraft operations*^ *~^~*~„~. (~ ARII disabled aircraft and any parts thereof on a movement area of the Airport snall be promptly removed from the movement areaA+~e+# by the owners of the aircraft unless applicable law requires, or the Airport Manager or other person having jurisdiction orders, thes~sl~ removal ' to be delayed pending investigation of an accident. ae ~ « » , .. « ,~ ~ • ,~ „ (h) A person who brings an aircraft onto, or keeps an aircraft on, the Airport does so at I the person's own risk with respect to the security, maintenance, and operation of the airoraft. (From DOT&PF regs, 17 AAC 45.030(d).) 9 (i) No person shall abandon an aircraft anywhere on the Airport. Q) An aircraft that the Airport Manager determines is abandoned or derelict on the Airport shall be subject to impound under and removai by the City under 6.05.065 at the expense and risk of the owner of the aircraft. (k) A person may not conduct an aircrait show or other aeronautical demonstration on the Airport without the written approval of the Airport Manager. (Based on 17 AAC 45.020(g).) (Ord. 489, 500) 4.05.020 Airport Manager's authority over aeronauticai activity. Except in an emergency, when safety dictates, or upon prior approval of the Airport Manager, aircraft operations on the Airport are confined to designated runways, water lanes, helipads, taxiways, taxi lanes, aprons, and aircraft parking areas. When the Airport Manager determines it is necessary for safe and secure operation of the Airport, the Airport Manager may by control device or order regulate, control, and direct the availability of a runway, water lane, helipad, taxiway, taxi lane, apron, and aircraft parking area on the Airport. The Airport Manager shail limit the use, time, type, weight, dimensions, and number of aircraft allowed to use an aircraft parking area when the manager determines that the limitation is justified by the design, safety, maintenance, or operation of the parking area or the Airport. The Airport Manager may segregate airoraft operations on the Airport according to aircraft use, size, type, or weight. The manager shail give notice of the manager's orders, limitations, and aircraft operation segregation decisions under this section by (1) posting in the affected areas of the airport; or (2) issuing a NOTAM. (Based on 17 AAC 45.030(b) Chapter 5.05 VEHICLE OPERATION AND REGULATIONS Section: 5.05.010 Vehicle operation and regulations. 5.05.010 Vehicle operation and regulations. (a) No person shalB operate aaajF motor vehicle on the Airport in any manner othersE~aean~ise than in accordance with the Airport regulations, rules prescribed by the 10 Airport Manager, and other a~4isab{e-laws applicabie to the operaiion of motor I vehicles (b) No person shall operate any motor vehicle in areas designated for the use of aircraft without the Airport Manager's prior permissions#ice. (c) ANe person thatsball-eqerate operates any kind of motorized equipment s~a+~y-k~a~ on the Airport must be in possession of a valid operator's license, current and issued in the name of the person, required by law for the type of motorized equipment being operated ' ' . (Based on 97AAC 45.080(g)) (d) No person shall operate a motor vehicle in aaajR hangar on the Airport without an exhaust system~~~n~~ protected by a screen~„a, -eF baffle-ba#aes, or other device to prevent the escape of sparks or the propagation of flames. (Is this requirement obsolete? Something not already covered by the local fire code? Actually enforced?) (e) No person shall operate a motor vehicle of any kind on the field area in a reckless manner or in excess of the speed limits prescribed by posted signs. In the absence of a posted sign, the speed limit ap~~~~'G~~shall be , fifteen (15) miles per hour in all apron, ramp, aircraft parking, and hangar areas, and iwenty-five (25) miles per hour in all other portions of the field area , ,' , (fl Except in the case of an emergency, noAle 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 too subjectrve and subject to debate.) {g) No person under the infiuence of intoxicating liquor, depressant, hallucinogenic, stimulant or narcotic drug~s, shali operate a motor vehicle on the Airport roads or field area. (h) The driver of any vehicle operated in the fieid area must at all times comply with the lavufui ordersefde~, signals, andef directives of the Airport Manager, aa-aatqer+~e~ ,' a Police 9epa#aae~officer, andef FAA Control Towsr personnel. (i) During daylight hours, all vehicles, ' , authorized to I operate on the field area~iel~ without a two-way radio, shall be either painted chrome yellow or display a checkered flag not less than two (2) feet {~}-square of international orange and white, with checks at least eight inches square. Between the hours of sunset and sunrise, such vehicies shall display an overhead flashing red ligh4, which shall be visible from all directions and of sufficient brilliance to be seen under clear 11 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 wili not suspend or cancei any existing regulations. During an emergency in the field areas~ts#-seadi~+aas, no motor vehicle operator shall move his vehicle in any direction unless specifically authorized to do so bysleafe~~ the FAA Control Tower. (What happens if the emergency occurs when the tower is closed?) (The first sentence seems to have wider application than just motor vehicle operations. If the City means it fo have that broad application, it seems like it should be moved to 9.05.010. if if is intended only to apply to vehicle operations, the sentence should be reworded to clearly apply only to fhe motor vehicle regs.) (k) All motor venicles shall be equipped with, and use headlemps-k~ea~i-la~s, rear lamps, stop signal lamps, and other lights as required in the City of Kenai Traffic Code. (I) No person on the Airport shali (1) clean vehicles, engines, toois, or other equipmentet~, by use of flammable~able material;; (Really?! No degreaser? No carburetor cleaner? Is this actually enforced? Seems like it would be virtually impossible to enforce wifh any uniformity. Isn't the local fire code good enough?) (2)-ef repair motor vehicles anywhere in the field area other than in an area designated for that purpose by the Airport Manager~'°°~^^°~9-u:~ :~, except for#kiese minor repairs necessary to remove such vehicle from the field area,4+F~e#;; or (3) 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 authorizationr-i~# signed by the vehicle owner satisfactory andte-de-ss-~+~ presented to the Airport Manager. (m) (Repealed; Ord. 879) (n}-No vehicle or person will be allowed to operate on the runways, taxiways, controlied ramps, or infields without a functioning radio or other means of communication with ATC authorized by "the Airport Manager and authorization from ATC.. Ar~ve#isle-w+~~iet# .(This is kind of a puzzle. Now does the tower "clear" a vehicle that doesn" have a radio? It also infers that a vehic% with a radio wouldn't need c%arance. Really?) (o) No vehicle sha61 be operated on the Airport if, in the judgement of the Airport Manager, it is so constructed, equipped, or loaded as to endanger persons or property. .(! don't know about Kenai's ~re code, but 1 12 don't believe "positively grounded" works anymore. If the truck is grounded and the aircraft is not, the grounding just makes the truck and fuel hose better static spark conductors. Also, the subject of fuel tanker / aircraft bonding is beiter placect in Chapfer 11.05 with the other fuel requirements. I put an altematively worded electrical 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 parking. 6.05.040 Reserved parking. 6.05.050 Motor vehicle Fimpound P~ese~t~e. 6.05.060 Long-term Aaircraft parking. 6.05.065 Aircraft impound. 6.05.070 Transient aircraft parking. 6.05.080 Airceaft parking on leaseholds. 6.05.d90 Seasonal ramp permit. 6.05.010 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 parking is prohibited. +~s~ad- (b) No person shall park a motor vehicle on the ramp without permission of the Airport Manager. . ("ramp" needs clarification or different terminotogy shoutd be used. Is this a refe~ence to the termina! entrance curb area, the terminal arrcraft parking apron, o~ what?) (c) No person shall park a vehicle on Airport Drive, Terminai Loop, except~e-e~t1y e~se~is~e-t#+s-is temporarily in the areas marked for "Loading and Unloading Only," "Handicapped Lloading and Unloading," "Taxi Cab" and "Tour Bus Loading and Unloading." The loading e~I~area on the terminai building side of Terminal Loop~qe Isep is restricted to use by motor vehicles temporarily parkeds~ep{~e~ solely for the purpose of-te actively loading or unloading airline passengers and baggage. Ra~i~-fe~ (d) No person shall park or leave an unattended vehicle having exposed or uncovered refuse, bagged or not, in the open bed of a vehicle or trailer in a condition which 13 - 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 5/18l05) (If the KMC, which is superior to the regulations, provides for penaltres and authorizes the Airport Manager and certain other airport employees to issue citations, it seems unnecessary to restate all that here in (e).) Disagree, it doesn't hurt to restate and airport operators are given copies of the regs but not all of the City Code. 8ecky 6.05.020 Short-term parking area. The Airport Manager shall designate an area or areas on the Airport for short-term motor vehicle parking. A person who parks a motor vehicle in a°~•~ ^^ ° nermiHer~ ;.. short-term parking area #~iis--afea shall comply with the Airport regulations and the conditions, fees, and time limits ~*"° :'^:°~ ~'°`.°~^~:^°=' posted by the Airport~ Manager. . . The fees charged for use of short-term parking shall be those specified in Chapter 13.05. Failure to pay the required fee shall be a violation subject to the penaities provided in KMC 13.05.010 and 13.10.015. (Since fhe short-term / pay parking program is already in piace, the senfence requiring the City Manager's concurrence to establish the fee system in now superfluous. Setting the time limits for parking lot use shou(d 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 anofher. But, to avoid conflrct and confusion over the enforceability of the parking fees and rules, the regulations should idenfify a singte otficial (in this case, the Airport Manager) as the auEhority.) Disagree, the City Manager is allowed to set fees rn the pode and we may change the fees. I fhink it should stay. Becky (Ord. 461, Res. 91-20, Amendment by City Manager 5/18/05) 6.05.030 Limited long-term paeking. 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 long-term parkingtqese areas, shall comply with the Airport regulations and the conditions, fees and time limits posted by the Airport Manager. A person who desires to regularly park a vehicle in a long-term parking area may request an annuai long-term parking permit from the Airport Manager. The fees charged for use of long-term parking 14 shall be those specified in Chapter 13.05 , . .__---~-- -~ --- -- -'_'-- .._._. _. ,,,.. N...........~.. , , . Failure to pay the required fee shali 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 airporf issues 1-year permits for tong-term parking.) 6.05.040 Reserved parking. The Airport Manager may designate #ireserved parking areas , in a ~ease or permit. des~er~afe When ciearly posted by appropriate signs, reserved parking areas areaat# closed tor~e~available-#er motor vehicle parking by the general public-~a~+r+~. A ~f2k~isles-se vehicle parked in a reserved area without the authorization of the lease or permit hoider may be sa~jest-~e impounded by the lease or permit holder acting in his own behaif. (Ord. 461) 6.05.050 Motor Vehicle Impound~r~se~e. A motor vehicle parked in violation of Chapter 6.05 shall be subject to impound, at the vehicle owner's expense and risk, under KMC 12.25. (Ord. 879) 6.05.060 Long-term Aaircraft parking. {a}No person shali park an aircraft, for the purpose of remaining indefinitely, in any area eaof the aAirport other than (a) on the premises of a land lease where aircraft parking is authorized by the City and where the lessee has given the person permission to park the person's aircraft; or (b) in an area designatedt#~~--qressF+bed by the Airport Manager for the long-term parking of aircraft of the size and type the person desires to park, subject to the payment of the applicable fee specified in Chapter 13.05. ~~ ~ ." (This is an odd provision, being enclosed in quotation 15 marks as it is. In any event, specific parking locations shou(d not be designated in regulations because the regulation amendment process is too siow and inf(exible to accommodate the need for occasional / seasonal changes in parkrng area designations.) 6.45.065 Aircraft impound. (ab) An Aaircraft parked in violation of Airport reguiations~~ may be impounded at the discretion of the Airport Manager by. assea~l+s#~ed-by (1) affixing a seal or tag to the door of the aircraft; (2) affixing a locking device on the propeller of the aircraft; or (3) #~moving s~the aircraft to an impound location determined by the Airport Manage . (b) All aspects of the impound process, inciuding any damage to the impounded aircraft and any ~inconvenience to the aircraft owner, shail be at the sole cost and er-da~a~e risk of the aircraft owner. (c) The Airport Manager shall not release an impounded aircraft to the owner unless the owner redeems the aircraft by paying (1) The impound fee specified in Chapter 13.05; (2) The daily impound storage fee specified in Chapter 13.05; and (3) The City's actual cost of towing or otherwise relocating of the aircraft, including legal and administrative costs. (d) AnAN impounded aircraft that~v#is#~-afe is not redeemed by the owner within ninety days after the date on which the aircraft was impounded~ shall be considered abandoned and shall be subject to sale by the City at public auction. Notice of any auction shall be published. in a newspaper of generai circulation in the City~~a-#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, respectively, before the time set for e~the auction. (Ords. 316, 461, Res. 91-20) 6.05.070 Transient aircraft parking. 16 (a) The operator of a transient aircraft shall park the aircraft only in an area on the Airport designated by the Airport Manager for that purpose and for the size, type, or weight of the aircraft. (b) Unless the Airport Manager gives permission otherwise, no person shall park an aircraft for more than ten (10) days in an area designated for transient aircraft parking. (c) A person parking ar aircraft in a designated transient aircraft parking area shall pay the fee specified in Chapter 13.05. (d) A person using a transient parking space shall properiy secure their aircraft and shail be responsible for any property damage or bodily injury that results from the person's failure to do so. (e) If a person who parks an aircraft in a City-operated trarrsient parking area fails to pay transient parking fees prior to departure from the Airport. the person's aircraft shall be subject to impound under Section 6.05.065 immediately upon any future return to Airport. (Ord. 365, Res. 91-20) • . . . . . „s-9#ise~+pea ar~+uai-E9~-36~} (This is already covered in Chapter 7.05.) , , . ~~~ (Parking location details shouid not be in regulations. For the sake of flexibility, it is better for such details to be established and changed, as needed, by Airport Manager order.) ~ . ~ ~ ~ ~ ~ . (The parking time limit was changed to 10 days per my 12/29/05 telephone conversation with Rebecca Crorrkhite. Fees were moved to Chapter 13.05.) 6.05.08A Aircraft parking on leaseholdsa No,4~1-aircraft on the premises of a land lease on the Airport shall be parked in a manner that results in wing, taii, nose, or other portion of the aircraft extending outside thesver-s~sq boundaries of the premises. (Ord. 316) 17 Seems there should also be something about derelict aircraft and leaking r'luids. Becky 6A5.090 Seasonai ramp use permit. (a) A person desiring to have seasonal exciusive use of a portion of an apron or ramp for aircrait parking loading and unloading, temporary cargo staging, and cargo handling equipment parking must obtain a seasonal ramp use permit from the Airport Manager. (b) The Airport Manager shall establish the location and size of the apron or ramp area to be assigned to the person under a seasonal ramp use permit after giving consideration to (1) the size, type, and number of the aircraft the person will be using on the site; (2) the amount of cargo and equipment the person wiil be staging on the site; (3) the nature of the cargo being handled: (4) the use of the Airport by other aircraft operators; (5) the length of time the person plans io use the site; and (6) the maintenance, operation, safety, and security of the Airport. (c) A person to whom the Airport Manager issues a seasanal ramp use permit shall (1) pay the seasonal ramp use permit fee specified in Chapter 13.05; (2) comply with the terms and conditions of the permit; and (3) comply with Airport regulations and the directions of the Airport Manager; (d) The term of a permit shall not exceed six calendar months. (e) The Airport Manager may (1) cancel a permit with 15 days written notice to the permittee, if the permittee fails to pay the permit fee when due or violates any requirement of the permit or Airport regutations; and (2) require the permittee to relocate their operations to another operationally similar location on the Airport when the Airport Manager reasonably determines the relocation is necessary for the maintenance, operation, safety or security of the Airport. 18 (I 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, but is not specifically addressed in the existing regulations.) I Chapter 7.05 AIRCRAFT REGISTRATION Sections: 7.05.010 Aircraft registration 7.05.020 Pailure to register ~sie~~-airceaft'°:'..°^ ~^ •^^:c•^- 7.05.030 Removal of aircraft from airport parking. 7.05.040 Registration of commercial aircrafteper-a#~s. (1 clanfied, expanded, and updated this chapter to cover alI aircraft, whether transient or resident, commercial or non-commercial.) 7.05.010 Aircraft registration. A person who brings an aircraft to the Airport, whether for transient purposes or to remain indefinitely, and does not park the aircraft on the premises of a land IeaseAle~as shall, as soon as possible, but not later than 48 hours after arrival at the Airport, register the+~ aircraft with the Airport Manager and obtain a perking location assignment' 7.05A20 Failure to register ~;;n,~~,.t aircraft The owner or operator of an ~2+~sie~ aircraft who fails to register the+~ aircraft as required under 7.05.010 and 7.05.040 ' ' shall be subject to having the aircraft impoundedir~pe~p~en~ in accordance with Sections 6.05.065 .. .. . This regulation shall not apply to an aircraft that, immediately after arriving at the Airport, is parked on the premises of a land lease with the lessee's permission and remains there until departure from the Airport. 7.05.030 Fdemoval of aircraft from airport parking. A person who has parked an aircraft ' in a City-operated parking ~ area on the Airport must give the Airport Manager notice prior to permanently vacating the space. A person who vacates their assigned space without giving notice€ail to ~ 19 the Airport Manager shall continue to be responsibie for payment of the applicable parking fee-w+lt-g~ just as if the person had not vacated the space.^'•^~^~* ,^,~•° °+•"'~°~° The fees, pius interest, shall accumulate untii the date on which the person gives the required notice to the Airport Manager and pays the fees and interest due. 7.05.040 Registration of commercial airceafte~eKaters. An air carrier or other A1~commercial operators of aircraft operating from the 14eaa+ I~aais+sa~-Airport shall register each aircraft with the Airport Manager prior to commencing operations at the Airport. The~~sh~ registration (a) must be in writing; (b) may be submitted in person or by mail; and (c) must provide~~~ (1) the make, model, registration number, and certificated maximum gross aifs~a#-take-off weight of the aircraft;~ (2) tk~name and mailing address of the registered owner ^^~'-~,p-;i~~;~ ,.,,.re,.~~~-: and (3) such other information as the Airport Manager may reasonably require. Chapter 8.05 A~R~FiA€~ACCIDENTS Sections: 8.05.010 Aircraft Aaccidents. 8.05.020 Motor vehicle accidents. 8.05.030 Bodily injury and property damage. 8.05.090 Special definitions. (1 expanded this chapter to include all types of accidents and damage, Some of the language was adapted from 17 AAC 45.120.) 8.05.010 Aircraft Accidents. 20 (a) The owner or operator of an aircraft involved in an aircraft accident or incident on the Airport shall report 4he accident or incident to the Airport Manager and the Federal Aviation Administration (a) immediately, if the aircraft or a condition of the airport poses an imminent safety hazard, (b) within one hour of the accident or incident or as soon as possible thereafter, if the accident or incident involves bodily injury or death or damage to any one person's property in excess of $500; and (c) if otherwise, within twenty-four hours of the accident or incident or as soon as possible thereafter. (b) The accident report shaii inciude (1) the make, model, and registration number of the aircraft involved; (2) the names and mailing addresses of the persons involved; (3) a description of the accident or incident; and (4) such other information as the Airport Manager or the Federaf Aviation Administration may reasonabiy require. , AA3~2~2F' 4VM~fl26S2S- 8.05.020 Motor vehicle accidents ' . (a) The owner or operator of a motor vehicle involved in an accident that occurs on City~ owned property in the Airport Reserve, other than a public street, shall report the accident to the Airport Manager (a) within orre hour after the accident or as soon as possible thereafter, if the accident involves bodily injury or death or damage to any one person's property in excess of $500; and (b) if otherwise, within twenty-four hours of the accident or as soon as possible thereafter. 21 (b) The accident report shall inciude (1) the make, model, license piate number of the vehicle involved: (2) the names and mailing addresses of the persons invoived; (3) the name and address of the vehicie's registered owner; (4) a description of the accident; and (5) such other information as the Airport Manager may reasonably require. 8.Ob.030 Bodily injury and property damage. (a) Any person who damages++~, by any means, aa~ a fence, gate, gate control, light, fixture, or other City-owned property on the Airport , shall (1) report thesask~ damage (A) immediately to the Airport Manager~-e#ise-e~ and the Federai Aviation Administration Fiight Service Station, if the damage is likely to adversely impact the safety of aircraft operations on, or the security of, the Airport; or (B) as soon as possible, but no later than 48 hours after the damage occurred, to the Airport Manager, if the damage wili not adversely impact the safety of aircraft operations on, or the security of, the Airport; (2) be fuliy responsible (A) to pay all costs related to the repair, restoration, or replacement of the damaged property, including the City's legal and administrative costs; and (B) for any bodily injury or property damage that occurs as a direct or indirect result of the person's damage to City-owned property.ses~sfeqaifed~te s~ (b) If a person who is injured on the Airport by, or owns property on the Airport damaged by, the City, a City employee, or by City-owned property, the injured person or their representative, or the owner of the damaged property, as applicable, shafl report the accident to the Airport Manager within 22 (1) one hour after the injury or damage or as soon as possibie thereafter if the accident involves bodily injury or death or damage to any one person's property in excess of $500; and (2) if otherwise, within twenty-four hours of the accident or as soon as possible I thereafter. 8.05.090 Special definitionso In this chapter, (a) "aircraft accident" has the meaning given in 49 C.F.R. 830.2, as amended through January 1, 2006; (b) °incident" has the meaning given in 49 C.F.R. 830.2, as amended through January 1, 2006. Chapter 9.05 AIRCRAFT OPERATION Sections: 9.05.010 Engine tests. 9.05.020 Aircraft 6certification. ~ 3.05.030 Equipment. 9.05.040 Instrument approach. 9.05.050 Student pilots. 9.05.060 Runway usea~e. ~ 9.05.070 Helicopters. 9.05.080 Aircraft repair. 9.05.010 Engine tests. (a) An ,Qaircraft engine shail not be warmed up or run in ~eler~e~-engine test operations in any area of the Airport or in any manner that would result in a hazard to other aircraft, persons or property. (b) Under no circumstances shall a person engage in an preleage~-aircraft engine test operations, unless (1) a competent operator is at the controls of the aircraft; or 23 (2) the aircraft is securely tied down at both wings and tail, and a w+t#~-barricade is piaced around the entire perimeter of the propeller area or jet intake and i exhaust areas, as appiicable to the airoraft; and (3) in the case of an engine run-up of more than 60 seconds duration, takes place between the hours of 7:00 AM a~c the near proximrty of residential areas to curfew of some sort on engine testing.) 9.05.020 Certification. 10:00 PM, prevaiii~g locai time. (Given the airport, it seems prudenf to have a All aircraft operating on the Kenai Municipai Airport must bear current airworthiness certificates issued by the Federal Aviation Administration. 9.05.030 Equipment. No aircraft shall be operated on the Airport fegala~y-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 dispute almost afways define differently. It is best to not use the word.) 9.05.040 Instrument approach. Instrument approach procedure at 14eaai-P~~is+~al-Airport shali be the procedure as specificaily authorized by the Regional Director, Federal Aviation AdministrationAge~sy. (lsn't this a redundant statement of the obvious? The City has no authority to establish instrumenf approach procedures and the FAA-adopted procedures appty regardiess of whether or nof the City has a regulation on the subject.) I would de%te. Becky 9.05.050 Student pilots. Before making his or hert#~e+~ first solo flight from the Airport, a student pilot must k~ave-~ade-~a visit te-the Flight Service Station whenwlais# aircraft traffic is in progress and observ , Flight Service Station personnel in the process of managing aircraft trafficpfese~es. Each student pilot shaiiwfi44 ask the Flight Service Specialist on duty at the time of the visit to make the appropriate entry in his 1e~eelElogbook to verify the student pilot's compliance with this requirement. Change to Air Traffic Control Tower and change to indicate students undergoing flight training based at Kenai. Becky 9.05.060 Runway usea~e. (a) Airplanes taking off and landing at the Ke+~a~a4-Airport will follow the rules and regulations established by the Federal Aviation Administration. (This seems to be another superfluous statement.) Agreed - Becky 24 (b) A pilot taxiing an aircraft on the Airport shall use the taxiways and water ianes established for that purpose, subject to such aircraft size, type or weight restrictions as may be established by the Airport Manager. ' .(The reference to an "attached" diagram is foo obscure for a regulation.) (c) Upon landing a fixed wing aircraft, the pilot shall taxi the aircraft straight down the runway ' and exit at the first available taxiway, unless directed otherwise -eFas-dirested by the ~~'.....! ,^..;..,;.,,, ^~~+ *;o,. ~^,~- Air Traffic Controi Tower. (d) No pilot shall turn an aircraft~as~ 180 degrees on the runway aaless-t~ie e~se~-~-F-AA- unless directed to do so by Air Traffic Controi Tower-~e~a1. 9.05.070 Helicopters. (a) A pilot operating a RII-helicopters carrying a sling loads to or from the Airport I shalla}as~ fly a course away from areas congested with aircraft and buildings~-~+eF ' ~ .(The intent of the deleted phrase wasn' t c lear since a// aircraft arrivals and departures from fhe airport are subject to tower control, anyway. As originally written, fhe provision could be read as meaning a sling-loaded helicopter could only avoid populated areas if the tower approved. Otherwise, flights over populated areas would be OK.) ~ (b) A pilot operating a helicopter on the Airport shal~ land and take off only at locations designated or approved for that purpose by the Airport Manager. I~el+se~eFlaRd+ags .(Ords. 316; 327) (Forbetterflexibillty, I recommend against including specific operational locations and routes in the regulations. Giving the FAA a "biank check" to direct aircraft operations on the airport during an emergency could expose the Cify to some expensive liabilities. As owner of the airport, the City has the ultimate responsibility for the airport. If the FAA makes a bad call in an emergency under this regulation, the City cou/d get stuck with the bill by virtue of the delegation of authority to the FAA.) 9.05.080 Aircraft repair. 25 (a) No person shall, ^^ ^~°^ ~'^• "°~°.~ °"'° commerciaily maintain, modify, or repair an , , ,.,,, aircraft, aircraft engine, propeller or other aircraft equipment on the Airport~y unless the personlae (1) holds a business activity permit issued by the Airport Manager under 10.05.015; or (2) is employed by, or doing business as a fixed base operator on the Airport. (b) A person shall oniy perform the maintenance, modification or repairs described in 9.05.080(a) in aa~ an area designated or approved by the Airport manager for thatsash purpose. Chapter 10.05 Sections: 10.05.010 10.05.015 10.05.020 10.05.025 10.05.030 a-9~8~:84A 10.05.050 GENERAL RULES OF CONDUCTI~JI~B~~PJF,4'~I~N General rules of conduct. Business activity permit. Penaities. Violation of regulations. Non-responsibility. #~2~tFa~ie~s: Explosives on the Airport. 10.05.010 General Rules of Conduct. (a) 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 ~~~ (2b) Alter, make additions to, erect any building or sign, or make any excavations on the Airport ' .(This is stated in the introductory sentence of 010.) (3s) aAk1f~44yaAbandon any personal~a~ieaa{ properly on the Airport. (Why should the City be concemed about a person's motive in abandoning something on the Airport? Whether the abandonment is willful or due to neglect, the act should be prohibifed.) 26 (4d) Enter a Movement Area .(Note: I believe ~ this provision could be deleted entirely because, by definition, a"movement area" is included within a"fie(d area", which is covered in (i), now "(9)".) ! would leave this - I Becky (5e) AJe-p~se+~-s#~a~-ilnterfere with, tamper with, unlawfully remove or injure any part of the Airport or any of the equipment thereof. (6~ Ne-~eTsar~~^„~:;-~Knowingly or wiilfully make any false statement or report to the Airport Manager or anaa~ Airport employee. , , , , . (1 moved this fo (e) because the last phrase didn't fit with the preamble senfence at the beginning of 10.05.010(a).) (7~) AJe-peFSea-sqali-Eenter any restricted area posted as being closed to the public except as may be permitted by these regulations. (8+) PJe-~efssa-sk~aN~eEnter upon the field area except: (i~) persons assigned to duty therein by the Airport Manager; (ii~) authorized representatives of the Airport and Federal Aviation Adm in istrati onRgeasy; (iii3) persons authorized by the Airport Manager; and, (iv4) passengers~eFSS~s, under appropriate supervision, entering the area for purposes of boarding or leaving an aircraft . .(The state lost in an Alaska Supreme Court decision (Herrick, et al, v State of A/aska; early 1980's) because of an afl-encornpassing regulation like this. DOT&PF's inability to uniformly enforce the excessively broad regulation against every single business that did any kind of commercia( activity on the airport (newspaper boys, pizza delivery folks, Amway-type sales people, real estate agenfs, etc.) was the reason the state lost fhe case. As a resulf, the State Attomey Genera/ advised the DOT&PF Commissioner to specifically Ilst in regulation the commercial activities for which a/ease or permit would be required. This existing provision Q) sets up the City for a/oss in the same klnd of airport leaseholder litigation. So, ! recommend it be deteted and replaced with my proposed 10.05.15, below.) 27 (101~) Al~;-;~Post, distribute or display signs, advertisements, circulars or any other printed matter at the Airport except with the approval of. and in the manner ; prescribed by the Airport Manager . (111) Ale-yer-sea-s~Travel on the Airport other than on the roads, walks, or places provided for the particular class of tra~c the person is using. (12r~} Hinder or obstruct another person, vehicle, or aircraft from the lawful use of the Airport. (14~) Ale-persea-s~aA-eOperate any type of vehicie for the disposal of garbage, ashes, or other waste material on the Airport ' Maaagef. (This last phrase is stated in the introducfory sentence of 010.) {be) Any person who has been denied the use of the Airport by the Airport Manager under Chapter 3.05 of these regulations shall come upon or use the Airport only while travelling through as a passenger in a taxicab or other vehicle when enplaning or deplaning as a passenger of an aircraft operating on the Airport. (c~) Ali shops, garages, equipment and facilities, which are not the property of the City of Kenai, are expressly for the conduct of the owners or lessees business operations, No persons other than the owners or lessees or their employees shall make use of these facilities without individual and specific permission of the owners or lessees. (This is a confusing provision that either bars customers of these businesses from entenng their premises without first obtaining the business owner's "individual and specific permission" or it authorizes subleasing with only the /essee's permission required (no City consent). Without knowing the history or intent behind this provision, would recommend deleting it entirely.) Agreed. Delete. Becky (d) A person using the Airport shali comply with (1) the Airport regulations, Kenai Municipal Code and other applicable law; (2) orders the Airport Manager issues under applicable City, state or federal law; and (3) instructions, requirements, and restrictions that the Airport Manager has posted or indicated by sign, signal, or other control device, unless otherwise directed by an authorized person directing aircraft, vehicie, or pedestrian traffic. (e) No person shali interfere or tamper with, any aircraft or put in motion the engine of any aircraft, or use any aircraft, aircraft parts, instruments or tools on the Airport without 28 permission of the aircraft owner or by specific direction of the Airport Manager. (This is ~ the relocated and slightly modified section (g).) (f~ A person may not dump snow anywhere on the Airport except Do we need to add move snow from a lease lot. They may not be dumping but pushing snow. Becky (1) in a location the Airport Manager has designated for that purpose; (2) in a manner and location approved in writing by the Airport Manager; or (3) as specifically authorized under a lease or permit issued to the person by the City. (Adapted from 17 AAC 45.020(e)). (g) Except in an emergency or after receipt of approval from the Airport Manager to do so, a person may not moor, Ioad, unioad, launch, operate, or test a boat or boat motor in the waters of the float pond on the Airport. (Adapfed from 17 AAC 45.020(h)). 10.05.015 Business activity peernit. a) Except as expressly authorized under a lease or City-approved sublease, or as expressly authorized under a concession agreement or other permit issued by the City or the Airport Manager, a person must, before engaging in any of the following on the Airport, hold a current business activity permit issued under this section expressly authorizing the conduct of that business on the Airport: (1) an aircraft maintenance or repair business; (21 a business that perfc~rms air~r~ft ground handling services; (3) a business that provides a fuel delivery or mobile aircraft fueling or defueling service; (4) seliing, ofFering for sale, or providing goods or services commercialiy to the generai public in a City-operated airiine terminal building; (5) a vehicle rental business; (6) an aircraft or aircraft parts sales business; (7) a valet parking service; (8) a food service business. 29 (b) ff the Airport Manager determines the action is in the best interest of the City, the Manager may, as a condition of a business activity permit, limit the conduct of the permittee's business to one or more specific iocations on the Airport. (c) A person who seeks a business activity permit under this section must submit a written request to the Airport Manager and must include (1) the non-refundable application fee specified in Chapter 13.05; and (2) a written description of the services and operations the applicant proposes to conduct under the permit. (d) The Airport Manaqer will qrant a request for a business activitv permit. uniess the Manaqer determines that (1) the applicant has violated a provision of the Airport regulations, Federal Aviation Administration regulations, or the Kenai Municipai Code, which violation the appiicant has not resoived to the Airport Manager s satisfaction; (2) the applicant has violated a material term of a contract, lease or permit with the City, which violation the applicant has not resolved to the Airport Manager's satisfaction; (31 the appiicant is in arrears on a rental pavment or other materiai financial obliqation due the Citv: (4) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the Airport; (5) the proposed activity would violate (A) applicable law; (B) the City's obligations under revenue bonds issued in connection with tne Airport; (C) an exclusive right the City has granted to another person on the Airport: (D) a covenant running with the land of the Airport; or (E) an applicable requirement or assurance to which the City is committed under a grant from the Federal Aviation Administration issued in connection with the Airport; or 30 (6) the proposed activity would be inconsistent with sound airport pianning (e) A decision by the Airport Manager to deny an application for a business activity permit will be in writing. (fl As a condition of a business activitv permit issued under this section 10 05 015 the permittee must (1) pav the business activity permit fee repuired under Chapter 13 05• and (2) provide insurance coveraqe that the Airport Manaqer determines is comparable to the insurance coveraqe the Citv reQUires of a land leaseholder or terminal buildinq space tenant operatinq a business like that authorized in the permittee's business activitv permit. (q) A business activitv permit is not transferabie and shail be issued for a term the Airqort Manaaer determines is in the best interest of the Citv but not exceedinq five ey ars. For ourposes of this section 10.05.015 a business activitv is conducted on the Airport if the activitv inciudina anv transportation offered or arranqed bv the ooerator of the activitv, !1) is conducted ali or in part on the Airport~ or (2) derives business on the Airport and offers or arranpes for transoortation between an off-airport location and a location on the Airport (This entire secfion rs based on 17 AAC 45.105 and a portion of 17 AAC 45.010(g)) 10.05.020 Penaities. Any person who violates any Airport regulation, ^•°~^'-p,~ ~~~",~;,T, or any order or instruction issued thereunder, shall be subject to a fine of ~ia~ ~ , not more than five hundred dollars ($500.00) or imprisonmented for not more than thirty (30) days, or both, under the authority of the Kenai Municipal Code , ~+t~-e#~4er~a+. (Ord. 1858-2000) (Here again, "knowingly and willfully" are pretty fough to prove.) 10.05.025 Violation of regulations. (a) If a person acts in violation of the Airport regulations or faiis to act as required by the regulations, the Airport Manager may, in addition to the penalties under 10.05.020, take one or more of the foilowing actions: e 31 (1) order the person to. either immediately or within a specified time, (A) stop the vioiation; (B) begin the required act; or (C) leave the airport; (2) provide written notice to the person that describes how the person 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 emergency or when the Airport Manager finds such assistance necessary for safety, maintenance, or operation of the airport, request enforcement assistance by the City Police Department. (b) If the Airport Manager acts under (a)(3} of this section 10.05.025 to correct a violation or omission by a person, the City may seek reimbursement from the person of all costs, plus interest, that the City incurs in acting to correct the violation or omission, including site assessment costs, clean up costs, collection costs, legat and administrative costs, applicable fines, and costs resulting from interference with or delay of projects or operations on the Airport. (c) If the Federal Aviation Administration fines the City for a violation of a federal statute or regulation or for an occurrence or omission on the Airport, the person who caused the violation, occurrence, or omission shall, upon written demand from the City, reimburse the City for the amount of the fine, pius interest and the costs incurred by the City in obtaining the reimbursement. (10.05.025 is based on portions of 17 AAC 45.020.) 10.05.030 Non-eesponsibility. 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, vandafism, wind, flood, snow, earthquake or collision damage, nor does the City+~ assume any responsibility for injury to persons while on the Airport or while using the facilities thereof. F-iei~- (Whatever purpose this provision mrght have served in fhe past, it is meaningless 32 now, especially since it does not include an.y date references to establish its effectiveness.) 10.05.050 Explosives on the Airport. a) A person who brings or possesses an explosive to or on the Airport shail comply with the hazardous materials provisions of 49 C.F.R. Part 175, as amended through Janua 1, 2006. (b) A person shali give the Airport Manager at least 24 hours advance written notice before bringing explosives onto the Airport. (c) The Airport Manager may, based on considerations of the safety of Airport users and the general public, (1) condition, direct, supervise, or prohibit an operation involving an explosive on the Airport; and (2) require that an aircraft with an explosive aboard (A) be fueled, serviced, and parked in a remote or other designated area of the Airport; and (B) depart the Airport as soon as air traffic and safety considerations allow. (d) In this section, "explosive" has the meaning given in AS 11.81.900; "explosive" also inciudes fireworks as defined in AS 18.72.100. Chapter 11.05 FUEL Sections: 11.05.010 Fueling and fuel storage-6epera~. , 11.05.020 Fueling sources. 11.05.030 Fueli~ personnel training. 11.05.035 Fuel spili prevention and response plan. 11.05.040 Fueling apparatus electricai bonding. #asili~r-~~ 11.05.050 Labeling 11.05.060 Fueling facilities. 11.05.065 Commerciai fueling. 11.05.070 Fueling distributorship (Repealed- 33 11.05.010 Fueling and Fuei Storage--6e~era4. (a) No aircraft shall be fueled or defueled while the engine is running, unless running the engine is ailowed for hot fueling under Nationai Fire Proteciion Association Code 407, "Standard for Aircraft Fuel Servicing", 2001 edition, which is adopted in this regulation by reference. (Based on 17 AAC 45.055(e)(3). t don't know your local fire codes, or the City's preference rn this case, but hot fueling is atlowed at state arrports (iPs frequently necessary for emergency nelicopter operations like fire fighting, multrple medical evacuations, etc.) (b) No aircraft shall be fueled or defueled while the engine is being warmed by applications of exterior heat; or while thest~sl-i aircraft is in a hangar or an enclosed space. (c)(b} No persons shall smoke, light a match, or have any open flame within 50 feet of an aircraft being fueled or defueled. (d)~ No person shall operate any radio transmitter or,- receiver, or operate the switch of any electrical circuita~p4iaac~e#~ef on an aircraft during fueling or defueling. (e)(d~} Persons engaged in the fueling or defueling of aircraft shall make every possible effo~t to prevent the overflow or spilling of t-~e-fuel. In the event of a fuel overflow or spill, the person shall immediately take appropriate measures to contain and clean up the fuel, prevent the fuel from draining into soil, and report the overflow or spili to the Airport Managec The person shall also promptly report the fuel overflow or spill to each regulatory agency that requires a report of that overflow or spill and repair any fuel leak and equipment failure or defect that caused or contributed to the overflow or spiil. (Based on 17 AAC 45.055(g)) (fl~ No person shall use any rnaterial during fueling or defueling of aircraft thatvvqis# is ~ likely to cause a spark or be a source of ignition. (g)~ No person shali start an engine of any aircraft when there is any gasoline on the ground under thesas# aircraft. (h)Eg} Fuel+a~ hoses, containers, storage tanks, and related equipment shall be maintained in a safe, sound and non-leaking condition. (i)(#} Ali fueling and defueling of aircraft shail be conducted at least fifty (50) feet from any hangar or other building. (j) No person shall fuel or defuel an aircraft without adequate fire extinguishers or equivalent fire protection equipment immediately availabie to the fueling location. 34 (k) All fueling, defueling, and fuef transfer on the Airport shall be conducted in accordance with aoolicabie Citv and State o1 Aiaska fire codes. 11.05.020 Fueling sources. Aircraft fueling shall be conducted only from approved type pumps or fueling trucks, and oniy by those authorized by the Airport Manager. No person shall fuel aircraft from barrels, 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 Fuelir~g personnel training. Any person who engages in fuei delivery, fueling, defueling or fuel storage on the Airport shall ensure that they and all their personnei who handle fuel on the Airport are trained in safe fuel handiing practices, fire safety, spill prevention and spill response.(Based on 17 AAC 45.055(d) ~ , ~ . (The existing wording doesn't identify who has the burden to supply fhe trained personnel. It just says someone must do it. I suppose that if nobody else does it, the City would have to.) (Ord. 305) 11.05.035 Fuei spill prevention and response plan. (a) Any person who engages in fuel delivery, fueling, defueling or fuel storage on the Airport shall maintain spill prevention and response capability readily accessible to the site or on the vehicle where the fuel is handled, stored, transported, or dispensed. (b) Any person who engages in commercial fuel delivery, fueling, defu~i:;7g or fuel storage an the Airport shall, before operating on the Airport, (1) submit to the Airport Manager a copy the person's Spill Prevention Contral and Countermeasures Pian prepared under 14 CFR 112: or (2) if 14 CFR 112 dnes not apply to the person's fuel related activities on the Airport, submit to the Airport Manager a written fuel spill prevention and response plan that includes (A) the measures the person wiil take to prevent a spill or release of fuel; (B) the steps the person wiil take, in the event of a spili or release of fuel, to (i) stop the spili or release; and 35 (ii) contain and prevent spreading or migration of any fuel released; (C) the person's pian for immediate notification describing any spill or release of fuel to the Airport Manager and to each regulatory agency that requires such a report. {3) Neither the submission of a plan by a person under this section 11.05.035, nor the receipt of the plan by the Airport Manager shail be construed as approvai of the plan by the Airport Manager or the City. (This section 035 is partially based on a pending DOT&PF amendment to 17 AAC 45.055.) 11.05.040 Fueling apparatus electrical bonding~a~~~ Before fueling an aircraft from a tanker truck, fuei tender, or fixed fueling facility, the aircraft and the truck, tender, or fixed facility shall be connected by cable so as to establish a condition of zero eiectric potential beiween them. ~~*•^^ , ~"~-~ ,~,~~~ h~ ^~^.^~'°~' (Ord. 305) (Again, I don't know your local codes, but to the best of my knowledge, fhe goal is "zero electrical potential", not "grounding".) 11.05.050 ~abeling. In addition to any labels or signs required by applicable law, a person who engages in fuel delivery, fueling, defueling or fuel storage on the Airport shall place on the person's storage tank, tank truck, fuel tender or other fuel container on the AirportT;~-ti °"^~.,u;;~ adequate marking and labeling , ' e# to identify the contents by fuei type and octane rating. . (Ord. 305) 11.05.060 Fueling facilities. Any fuel storage tank, fuei dispensing apparatus or other fuel handling faciliiy placed or used on the Airport must conform to applicable environmentai law and the City's fire prevention code. Before constructing or installing a fuel storage tank, fuel dispensing apparatus or other fuel handling facility on the Airport, a person must (a) obtain a Iease for the land from the City; (b) submit to the Airport Manager pians for the construction or installation and any other related information the Airport Manager may require in order to provide for the safety of the pubiic; and- (c) obtain the Airport Manager's written approval to proceed. 36 11.05.065 Comenercial fueling. No person shall engage in fuel detivery, dispensing or storage for commercial purposes on the Airport without first obtaining a land lease or business activity permit from the City authorizing the activity and paying any fee required under Chapter 13.05. (l don't know what the former 11.05.065 said about fuel sa/es, etc., but the City needs to have solid controf over fuel-re(ated commercia! 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 requirements. ( 12.05.050 Fire extinguishers. 12.05.060 Hazards. 12.05.070 Hazardous substance release. I 12.05.090 Speciaf definitions. 12.05.010 Storage. (a) No person shali keep or store any flammabie liquids, gases, signal fiares or other similar materials in~#e a hangars or +~-any other building on the Airport, unless: the materials arer~tay-be kept (1) in aircraft in t~ie-proper receptacles installed in the aircraft-fe~s~sk~-pt~pese;; or (2) in rooms or areas specifically approved for such s4orage 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 shall keep or store lubricating or waste oils in or about an aircraft the hangars, unless the: oil is kept in a room specifically designated for oil storage or stored ; DDneo~ncn c~ ~cTUCO ~~ .+ ~ in containers or receptacies approved by insurance underwriters. ("insurance 37 underwriters" is awfully vague and unenforceable. Exactly what rs the City looking for here?) (c) Lessees shall provide suitable metal receptactes 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 '" ""m-~,~:-~^,ga~e~-anywhere on the Airport unless fire ~ e~ctinguishers 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, senricing area, gasoline storage area or in any building, room or place on the Airport where smoking is specifically prohibited by the City Fire Chief or the Airport Manager. 12.05.040 General requirements. (a) The holder of a land lease on the °n#,'~ss~~~^„~",~Airport shail keep the premises leased by them~es~es#+~reF~s~and the apron and ramp areas used in their operations, clean and clear of oil, grease, wasteaad-et#~e~ materiais andef trash, except as may be specificaliy authorized~ed to the contrary in the leas . (b) No person shall keep uncovered trash containers on any part of the Airport{r~-aa~ area. No motor vehicle for hauling trash, dirt, or any other materials shall be operated on the Airport unless thesask~ vehicle is constructed so as to prevent the contents thereof from dropping, shifting or leaking, or otherwise escaping-~qefe~. No person shali spill dirt or any other materials from a vehicles on the Airport. Areas used for trash or garbage containers shali be kept clean and sanitary at all times. (c) No persons shall dispose of garbage, papers, refuse or other material on the Airport except in receptacles provided for that purpose, and in compliancee~-se~f+~a~+ea with ~ the City of Kenai ordinance on garbage and trash removai. 12.05.050 Fire extinguishers. All tenants or lessees on the Airport shall supply and maintain such adequate and readily accessible fire e~inguishers as are provided by Fire Underwriters for the particular hazard involved or ,-as may be determined to be~ee~~ necessary by the 38 City Fire Chief . 12.05.060 Hazards. No tenant or lessee on the Airport shall store or stock material 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 shall immediately contain and c4ean up the release, using methods that ensure that contamination does not enter or spread on or in Airport land or water or in an Airport storm water drainage system. A person responsible under this chapter for a release shali immediately report the release to the Airport Manager and to each regulatory agency that requires such a report. Submission of a report to the Airport Manager under this subsection does not satisfy any other applicable requirement for reporting a release of a hazardous substance to any reguiatory agency that has jurisdiction. (b) If a person responsible under this chapter for a release does not take immediate action to report, contain, and clean up the refease, the City may report, contain, or clean up the release as the City determines appropriate under the circumstances. The City may seek reimbursement for the City's costs of assessment, reporting, containment, and cleanup, as applicable, from any person responsible for the release. (The above secfion was adapted from 17 AAC 45.050.) 12.05.090 Special definitions. fn this chapter, {a) "hazardous substance" means any substance that is defined under an e~vironmental law as hazardous waste, hazardous substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil; {b) "release" has the meaning given in AS 46.03.826; and (c} "responsible," when used in regard to hazardous substance contamination, means having materially contributed to, assumed under an assignment of lease, or being otherwise liable for contamination by law or contract; (These de~nitions were adapted from 17 AAC 45.900) Chapter 13.05 39 FEES AND PAYNiENTS^~oonoT Qn e iw~r_ Sections: 13.05.010 13.05.020 13.05.030 13.05.Q40 13.05.050 13.05.060 Payments. Delinquent bills. Land G~e~-eental charges. Concessionaires. Military / government aircraft. Airport user fees and terminal rent. 13.05.010 Payments. All billings are payable at the City Clerk°s office within fifteen (15) days after presentation unless othervuise noted thereon. (How is the date of "presentation" determined? Is it fhe date of the bil1, the date the bill is mailed, or the date the person receives the bill? Whichever way the City prefers to define `presenfation", both the definition and the procedure need to be made clear here.) 13.05.020 Delinquent bilis. Delinquent bills 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. (This isn't clear to me. Does the 10% penalty apply once on the fu/1 amount of a delinquent bi11 with the 8% inferest accumulafing until the balance is paid in full. Or, do both percentages accumulate monthly until paid? Does the 10% penalty enlarge the balance fo which the 8% is applied? Clarification is needed here.) 13.05.030 Land &~+~-rental charges. The rent charged to the holder of a lease for land on the Airport ~"^•^°° +„ ~e~ce„~ s,,, shall be the amount established by the City ~e~asiJin accordance with the Kenai Municipai Code and the terms of the lease. 13.05.040 Concessionaires. Charges to concessionaires desiring space for other aviation or public 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 inc/udes so many vague generalities that it really doesn'f communicate anything. The phrase "~or other aviation or public services" indicates that the so/e 40 subject of this provision may be the fee fhat wauld be charged to an existing concessionaire for use of other space on the airport to operate an entirely different kind of business. (Such as, fhe rent fhat would be charged for the land if fhe terminal cocktail lounge operator wanted to /ease land for a bowling alley operation). Why would the fee charged to an existing concessionaire be any different than the fee charged to anyone else for the same space or purpose? i'm not sure Ehis provision serves any useful purpose, but it the City has a reason to retain it, the wording wil! need extensive clarificafion.) 13.05.050 Military/government aircraft. Military and federai government aircraft using the Airport aresk~a~F~e exempt from landing and transient parking fees. These exemptions shali not apply to a commercial aircraft-e~eFatie~s that is chartered by, or leased to, the military or a federai governmental agencyfes. 13.05.060 Airport user fees and terminal rent. Users of the Airport shall be charged the following fees for privileges and services listed: (a} Motor vehicle parking fees: (1) $2.00 per day per vehicle for short-term parking under 6.05.020. (2) for long-term parking under 6.05.030, (A) $2.00 per day per vehicle; or (B) $250.00 per year per vehicle under a long-term parking permit. (b) Fees for parking a transient aircraft under 6.05.070: (1) No fee for use of a transient parking space for a period of six hours or less, regardless of the weight of the aircraft; (2) For light aircraft having a CMGTW under 4,000 pounds: (A) Paved space for wheel-equipped aircraft: (i) Without access to electric power, $2.00 per day. (ii) With access to electricity, $5.00 per day. (B) Unpaved space for wheel or ski-equipped aircraft, $2.00 per day. 41 (C) Parking space with access to the float pond. May through September: (i) non-commercial aircraft: ~3.00 per day; (ii) commerciai aircraft : $5.00 per day. (The exisfing $2.00 per day rate equals $0.50 per 1, 000 pounds for a 4, 000 pound CMGTW aircraft.) (3) $5.00 per day per aircraft for light aircraft having a CMGTW between 4,000 and 10,000 pounds; (Suggested new rate: equals $0.50 per 1,000 fora 10,000 pound CMGTW aircraft.) (4) $0.50 per day per 1,000 pounds of aircraft CMGTW, rounded to the nearest 1,000 pounds, for aircraft having a CMGTW over 10,000 pounds. (Suggested new rate: the daily parking rate is the same as the landing fee rafe.) (NOTE: Keeping a fixed relationship befween parkrng fees and the landing fee like this may be a useful way to maintain an equitable aircraft parking fee system. When the City makes future changes to the landing fee, 1 recommend the City also change the transient parking fees to match the new landing fee. For example, if the landing fee changed to $1.25 per 1,000 pounds CMGTW, the parking rate in (b)(2) above would change to $5,00; the rate in (b)(3) would go to $12.5q and the rate in (b)(4) would go to $1.25 / 1, 000 pounds CMGTW.) (c) Fees for long-term parking of an aircraft with a CMGTW ~ess than 4,000 pounds under 6.05.060: (1) Paved space for wheei-equipped aircraft, (A) without access to electricity: (i) $40.00 per month; or (ii) $360.00 per year; (B) with access to electric power: (i) $60.00 per month; or (ii) $420.00 per year; (2) Unpaved space for wheel or ski-equipped aircraft, (A) $40.00 per month; or 42 (B) $360.00 per year; (3) Parking space with access ta the float pond. non-commercial aircraft:, (A) For a float-equipped aircraft only, May through September, (i) $40.00 per month; or (ii) $250.00 per year; (B) For a space accessible to an aircraft seasonally equipped with floats or wheeis: {i) Without access to electricity, $360.00 per year. (ii) With access to electricity, 5420 per year. (C) For a space accessible to an aircraft seasonaily equipped with floats, skis, or wheels: $360.00 per year. 4) Parking space with access to the float pond, commerciai aircraft:, (A) For a float-equipped aircraft only, May through September, (i) $50.00 per month; or (ii) $300.00 per year; (B) For a space accessible to an aircraft seasonally equipped with fioa4s, skis, or wheeis: (i) Without access to electric power: $450.00 per year. (ii) With access to electricity: $75.00 per month or $550.00 per year. (d) Fees for long-term parking 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.OQ per year. 43 (These tees 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 daity rate ($5.00) x 30 days x 66.7% _$900.00. The annual rate is the daily rate ($5.00J x 360 days x 50% _~900.00.) (e) Fees for long-term parking of an aircraft with a CMGTW greater than 10,000 pounds under 6.05.060: (1) $10.00 per month per 1,000 pounds of aircraft CMGTW, rounded to the nearest 1,000 pounds; or (2) $90.00 per year 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 multiplier used for the under 4, 000 pound parking 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.) (~ Fees for impounding aircraft under 6.05.065: (1) $100 for the impound fee; plus (2) $50 per day for the impound storage fee; pius (3) The City's actual cost of towing or otherwise relocating of the aircraft, including legai and administrative costs. (e) Fees for a Business Activity Permit under 10.05.015: (1) $50 nonrefundabie permit appiication fee; (2) for each business activity permit issued to a person, (A)$250 per year; plus (B) in the case of a business activity permit authorizing a car rental business operated by a person who does not hold a car rental concession in the City's terminal buiiding, a fee consisting of the same percentage of gross vehicie rentais as the City charges the in-terminal car rental concessionaires. (fl Users of space in the City-owned termina~ buiiding on the Airport shall pay the foliowing rent: 44 (1) $1.55 per square foot per month for all space except airline baggage handling space; and (2) $0.36 per square foot per month for airline baggage handling space. (g) Each aircraft operator using the Airport shall pay the foilowing landing fees: (1} $0.50 (fifty cents) per thousand pounds of certificated maximum gross takeoff weight for each landing of an aircraft with a certificated maximum gross takeoff weight of 4,000 pounds or more; (2) $ 25.00 per month as the minimum landing fee for commerciai operators; and (3) No landing fee for aircraft and landings that are exempt under 14.05.010. (h) Fees, deposits, and refunds for restricted area gate access key cards issued under Chapter 16.05: (1) One-time fes / deposit of $100.00 per key card payable upon issuance of the card by the Airport Manager; (2) Lost ! damaged key card replacement fee of $100.00 per card replaced; (3) Key card return refund, paid by the City to the cardholder, of $50.00 per returned undamaged card. (i) The fee for ramp space designated for the permittee's under a seasonal use permit shall be the greater of (1) $0.002 per square foot per month; or (2) a minimum fee of $100.00 per month. (For severa/ 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 or $0.02 per square foot per year. That seems incredibly cheap rent for almost 8.5 acres of paved surface. For comparison, consider the fact that the state's lowest aviation land rental rate is $0.051 per square foot per year (for a bare bones, unpaved and unlighted airport). The sfate's aviation rent at the HomerAirport is $0.114 per square foot per year (almost six times the City's fish haul permif rate). Also, consider the fact that the City rents a paved light aircraft fie-down space for $40 / month. Generously assuming 2500 square feet for each tie-down space, 144 tie- down spaces would ~t in 360,000 square feet. 144 x$40 -$5760 /month! No mafter how you look at it, the fish haul operators have been getting an amazingly cheap deal, probably the lowest rent of anyone on the airport. 45 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 the current fee. However, ! strongly recommend the Airport Commission consider adopting a higher fee more reflective 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. General. Monthly reports. (a) A person who operates an aircraft at the Airport with a certificated maximum ~qere ~q-a-se~E+#ied-gross take-off weight of four thousand (4,000) pounds or moree~ef shall pay the appiicable landing fee specified in 13.05.060, subject to the monthly minimum landing fee specified in 13.05.060. (b) The foilowing are exempt from the requirement to pay landing fees:T~-„e laadiag-€ee-~eF (1) an aircraft , with a certificatedser~l#ie~ maximum gross take-off weight of less than four thousand (4,000) pounds; (2) military and federal government aircraft, as provided under 13.05.050;aad (3) all ae-~a~d+ag-#e~#ef fioat pianes, regardless of weight. (4) the landing of an aircraft solely for the purpose of testing the aircraft or its systems; and (5) the landing of an aircraft operated by an air carrier that serves Airport when the landing is solely for the purpose of training flight crew personnel. (Res. 90-66, 92-71, 93-42; memo dated 5-31-2000) 14.05.020 Monthly reports. 46 By no later than the fifteenth (15`") day oi eacn month. the operator of an aircraft that uses the Airport and is subject to the payment of landing fees under 14.05.010 RII , shall submit to the City a written report ofsk~ewiag the tetal-~t~a~e~ef-landings ror each aircraft operated at the Airport during the previous calendar month.eas#~-~sa##~- The+s report shal! be accompanied by payment of the-abeae landing fees due for that month and must include the aircrait operator's name and mailing address, and the following information for each aircraft: (a) The make, modei, and certificated maximum gross takeoff weight; (b) The registration number; (c) The date of each landing; (d) The date of each landing that is exempt from landing fees under 14.05.010(b)(4) & (5); and (e) The total number of landings subject to the payment of landing fees under 14.05.010. sla;~ll-be-ae-~e~(Res. 92-71, 93-42) Chapter 15.05 rcni~~REQUIREMENTS FOR TERMENAL TENANTS Section: 15.05.010 General. 15.05.010 General. (a) This chapter applies to each person who occupies space as a tenant in the City's terminal building on the Airport under a lease or other agreement with the City. (b) Each A11-tenants must occupy the st~s# terminal space afeas-aa~-designated for their specific type operation. 47 (b) Each air carrier that is a tenant ai~li~e-must lease and occupy an area of not less than 150 square feet of ticket counter space and 300 square feet of office space, and have direct access to the existing baggage build-up area. Air carriersA+~liaes may share existing facilities under an approved lease-sublease agreement. (c) Each cGar rental concessionaireageasies must occupy an area of not less than one hundred (100) square feet of designated terminal space ~e-~ese. (d) Ali other concessions andl tenants in the terminal buiiding shall operate in existing designated facilities uniess specific alterations are approved by the City Manager Sea~as+1. (e) No temporary, non-profit, or public service activity shall be operated in the terminal without the permission of the Airport Manager and may not operate for more than~a e# thirty days without approval of the City ManagerGe~si4. (fl Vending machines, newspapers and other pubiications shall be placed in the terminal building oniy asssr~a~se-with the permission and direction of the Airport Manager ias~s~ieas. (Ords. 290, 305, 316, 327, 358, 365, 461, 904) (Regarding the changes to (d) &(e), these kinds of approvals should be handled administratively at some level be/ow the Council, leaving the Council to handle only appeals oflowerlevel decisions on these su6jects.) Chapter 16.05 RESTRICTED AREA ACCESS Section: 16.05.010 Access to Restricted Areas. 16.05.020 Speciai Definitions. 16.05.010 Access to Restricted Areas. (a) A person who desires to enter a restricted area through a City-operated gate must (1) first obtain a key card from the Airport Manager; or (2) be escorted by a cardholder. (b) To obtain a key card, a person must 48 (1) submit to the Airport Manager a written request that (A) states the reason why the person requires access to the restricted area; (B) identifies the gate or gates through which the person desires access; and (C) includes any additional information the Airport Manager reasonably requires. (2) pay the key card fee / deposit specified under Chapter 13.05. (c) When issuing a key card, the Airport Manager may (1) request proor of personal identification from the person requesting the key card; (2) limit the person's access to a singie gate or specific gates; and (3) if the person's need for access is temporary, limit the person's use of the key card to a specific period of time. (d) A cardholder shall not (1) loan, give, or transfer their key card to any other person; (2) use their key card to open a gate for any person other than themselves or a person who is under the cardholder's direct escort; or (3) leave a get open after the cardhoider enters or exits a restricted area. (e) The Airport Manager may, upon written notice to the cardholder, void the key card and bar the cardholder from using an Airport gate, if (1) the cardholder fails to (A) timely pay any Airport fee or rent the holder is obligated to pay by virtue of a lease, permit, or Airport regulation; {B) comply with the terms under which the Airport Manager issued the key card; (C} comply with a City ordinance applicable to the Airport or an Airport regulation; or 49 (2) the period of time for which the Airport Manager issued the key card expires. - (~ If the Airport Manager determines the action is necessary to provide for the safety or security of the Airport in an emergency, the Airport Manager may, by electronic or other means and without prior notice, temporarity bar access to a restricted area by any cardholder. (g) If the Airport Manager determines the action is necessary to change the gate- opening technology or to provide for the safety or security of the Airport, the Airport Manager may require a cardholder to (1) submit their key card to the Airport Manager for re-coding or replacement; or (2) surrender their key card to the Airport Manager in exchange for a key card of alternate technology. ~n~ When a cardhoider returns their key card to the Airport Manager an undamaged, fully functional card to the Airport Manager, the City will pay the cardholder the key card refund specified under 13.05.060 16.05.020 Speciai Definitions. In this Chapter; (a) "Cardholder" means a person to whom the Airport Manager issues a key card. (b) "Key card" means a magnetic card or other portable electronic device used to operate City-operated gates in the Airport perimeter fence. 50 ~, ..~•~. @1'1~ 1 Municipat ABrport :~.' ~.~~ ..•..~. T~'erh "Sewi,v~,f3~Gv~a~' Kevux.i~ ,~evvux~LU~,. 3osw.v~nuowsr.surr~zoo ~a,a.nstca~sct~ YE7.EPt10NE 907,283-7959 FAX 9073833737 To: Airport Commission From: Rebecca Cronkhite - Airport Manager Date: April 6, 2006 Subject: Recommended Changes to KMC Titie 21 The attached document incorporates recommended changes to KMC Title 21 as proposed by City Administration and the planning consultants. Any comments or suggestions from Airport Commissioners should be submitted in writing for inclusion in the packet for finai Council review. www.ci.kenai.ak.us. U~~~ Tit1e 21 I KENAI MUNICIPAL AIRPORT AND THE AYRPORT RESERVE C6apters: 21.OS Airport AdministraYion and Operation 21.10 Leasing of Airport Reserve Lands 21.15 Leasing of Non-Airport Reserve Lands 21.20 Airport Commission Chapter 21.05 AIRPORT ADMINISTRATION AND OPERATION Sections: 21.05.010 21.05.015 ai.os.ozo 21.05.025 21.05.030 21.05.040 21.05.050 21.05.060 21.05.010 Air Airport Reserve. Airport Reserve boundary map. Defiaitions. Regulation of the Airport. Use or occupancy of the Airport Reserve Parking automobiles and aircraft. Environmental requirements. Penalties. port Reserve. (a) There is established an Airport Reserve for the development, expansion, maintenance, operation, protection, and perpetuation of the Kenai Municipal Airport. The boundaries of the Airport Reserve aze established as shown on the map codified as 21.05.015. (b) No city-owned land within the Airport Reserve shali be sold or otherwise conveyed out of City ownership for any purpose, except as provided in a lease executed by the City before the effective date of this section. 21.05.015 Airport Reserve Boundary Map. 21.05.020 Definitions. Unless the context requires otherwise, the following words or phrases have the meaning given below when used in this Title 21. KMC 21.05 and 21.10 D~~~~ Page i of 25 (a) "Airport" means all the facilities and land of the Kenai Municipal Aicport within the Airport Reserve. (b) "Airport Manager" means the official to whom the City Manager has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes that person's authorized representative. (c) "Airport Reserve" means the city-owned land reserved from sale and designated under 21.05.010 and 21.05.015. (d) "City Manager" means the official to whom Che City Council has delegated the responsibility of managing and directing all activities of the City. "City Manager" includes those persons to whom the Manager has delegated responsibility to perform functions under this Title 21. 21.05.025 Regulation of airport. The City Manager may regulate the manner in which the Airport is operated with reference to safety, accommodation, user fees, and service to the public. The City Manager is authorized to adopt, amend, and repeal such rules and regulations as may be necessary. Regulations promulgated under authority of this section are effective on the date designated by the City Manager. The City Council may by resolution at any meeting revise or repeal any regulation adopted under authority of this section. In this connection, the rules and regulations adopted prior to the enactment of this section are hereby ratified, approved, and continued in full force and effect until further amended or repealed by subsequent action of the City Manager. 21.05.030 Use or Occupancy of the Airport Reserve. No person may use or occupy city-owned land or facilities within the Airport Reserve for any purpose unless, (a) the portion of the land or facility being used or occupied is designated by the city for public use and the person's use or occupancy conforms to that public use; or (b) the person first obtains a lease, permit, concession, or other written permission from the City authorizing the use or occupancy; or (c) the person is on a premises with the express or implied consent of the lessee, permittee, or concessionaire. 21.05.040 Parking automobiles and aircraft It shall be unlawful for a person to park an aircraft or automobile on the Airport in any location or in any manner contrary to a regulation adopted under KMC 21.05.030, or a rule or order issued by the Airport Manager pursuant to a regulation adopted under KMC 21.05.030. KMC 21.05 and 21.10 Page 2 of 25 The Aitport Manager, including the manager's designated representative, shall be vested with full police powers under the authority of the City to enforce the provisions of this section. 21.05.050 Environmentai requirements. (a) A person using the Airport shall comply with all applicable environxnental laws. (b) A lessee, permittee, or concessionaire who is required under any environxnental law to suhmit a report or other document about a violation or potential violation of an environmental law to a regulatory agency shall provide a copy of the document to the City Manager. Any person who receives a permit from an environmental regulatory agency in connection with the person's use of the Airport shall, within ten (10) days of receipt of the permit, provide a copy of the permit to the City Manager. (c) A lessee, permittee, or concessionaire shall provide to the City Manager a copy of (1) any notice of violation or other notice, claim, or citation alleging a violation of an environmental law affecting Airport property that a regulatory agency issues to or files against that lessee, permittee, or concessionaire; and (2) any complaint filed in a court that alleges violation by the lessee, permittee, or concessionaire of an environmental law affecting Airport property. (d) The City Manager shall require a person responsible for the contamination of Airport property to remediate and return contaminated Airport property to an environmentally accepYable condition to the satisfaction of any regulatory agency having jurisdiction. However, any regulatory agency approval of a proposed remediation plan that limits the future use of Aiiport property is subject to approval by the City Manager before the responsible person may begin remediation activities on the Airport. A person remediating contaminated Airport property may not unreasonably interfere with (i) a lessee's use of, or access to, the lessee's premises, uz~tess (A) the contamination is a direct result of the lessee's operations; or (B) the lessee first expressly consents; or (2) the operation or development of the Airport unless the City Manager first expressiy consents. (e) If the City Manager has cause to believe a premises or other property on the Airport may have been contaminated, the Manager may cause to be performed an environmental assessment on the premises or property to establish the presence and source of any contamination and to describe the environmental condition of the premises or property. While performing the assessment, the City will not unreasonabiy interfere with a lessee's use of, or access to, the lessee's premises unless the lessee first expressly consents. The City will assume the cost of the KMC 21.05 and 21.10 Page 3 of 25 assessment of a premises or property if contamination is not found on the premises or property. If contamination is found on the premises or property, the person responsible for the contamination shall, upon notice from the City Manager, (1) reimburse the City for the cosY of the assessment; and (2) clean up Che contamination. (~ For purposes of this section 21.05.060, interference with (1) a lessee's use of, or access tq the tessee's premises is unreasonable if the interference (A) poses a safety hazazd or a substantial disruption of the lessee's use of, or access to, the lessee's premises; or (B) can be avoided without materiatly increasing the cost or materially decreasing the effectiveness of the ef£ort to achieve remediation satisfactory to all agencies having jurisdiction, or a reasonable environmental assessment, as applicable; (2) the operation or development of the Airport is unreasonable if the interference poses a safety hazard or a material disruption of the operation or development of the Airport. (g) For the purposes of this chapter 21.05, the following terms are defined as follows: (1) "Contamination" - the unpermitted presence of any released Hazardous Substance. (2) "Environmentai AssessmenP' - an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of a Hazazdous Substance in, on, and under the surface of the property. (3) "Environmental Law" - any applicable federal, state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. (4) "Hazardous Substance" - any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. (5) "Materially Contributed To" - to cause the release or migration of a Hazazdous Substance in a reportabie quantity as defined under applicable Environmental Law. KMC 21.05 and 21.10 Page 4 of 25 (6) "Responsible", when used in regard to environmentai contamination, means having materially contributed to, assumed under an assignment, or being otherwise liable for by law or contract. 21.05.060 Penalties. Violations of this chapter shall be punished as provided for violations in KMC 13.05.010. KMC 21.05 and 21.10 Page 5 of 25 Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS Sections: 21.10.005 Applicability of Title 21. 21.10.010 Lands available for leasing. 21.10.020 Qualifications of app(icants or bidders. 21.10.030 Applications. 21.10.035 Filing fee and deposit. 21.10.040 No right of occupancy; ApplicaYion expiration. 21.10.050 Processing procedure. 21.10.060 Lease amendment or renewal. 21.10.070 Length of lease term. 21.10.080 Rentat rate determination. 21.10.090 Reimbursement for city-constructed improvements. 2110.100 Additional rent. 21.10.110 Bidding procedure. 21.10.120 Lease execution. 21.10.130 Form of lease. 21.10.140 Re-evaluation of rent. 21.10.150 Assignments and subleases. 21.10.160 Construction of improvements by a lessee. 21.10.170 Indemnification and insurance. 21.10.180 Lease termination. 21.10.190 Damage to lessee improvements. 21.10.200 Disposition of improvements upon termination. 21.10.005 Applicability of Title 21. This chapter applies to all facilities of the Airport and all city-owned land within the Airport Reserve. 21.10.010 Lands available for leasing. (a) Subject to the provisions of this chapter, city-owned land within the Airport Reserve may be leased as provided in this chapter unless the land is identified in the latest Federal Aviation Administration-approved Airport Layout Plan for the Airport or in the latest Airport Land Use Plan as being required for the operation or safety of the Airport, or for the construction, preservation, future construction, or fizture expansion of facilities on the Airport, including (1) runways, runway safety areas, taxiways, aprons, water lanes, water taxiways, and other aircraft operational areas; KMC 21.05 and 21.10 Page 6 of 25 (2) access roads, public streets, parking lots, and other facilities for use by motor vehicles; and (3) public terminal buildings. (b) NotwithsYanding (a) of this section, (t) apron space may be leased, but only for aircraft fueling, loading, unloading, parking and maneuvering purposes; and (2) land required for the future construction or future expansion of airport facilities (A) may be leased for an interim period not extending beyond the date on which the City Manager determines the land will be required for the construction or expansion; but (B) may not be leased if the City Manager determines that granting the lease would interfere with, or jeopardize, the safe operation of the Airport. 21.10.OZ0 Qualitications of appticants or bidders. An applicant nr bidder for a lease is qualified if the applicant or bidder (a) Is an individual at least eighteen (18) years of age; (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City Manager a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only one (1) principai to the exclusion ofhimself. The term "agent" includes real estate brokers and agents. 21.10.030 Applications. (a) All appiications for lease of lands shail be submitted to the City Manager on forms provided by the City Manager, together with the non-refundable filing fee and any applicable deposit required under 21.10.035. The City Manager shall not accept an application that the Manager determines to be incomplete. Upon receipt of a complete application, filing fee, and any applicable deposit, the City Manager shall cause the application to be stamped with the date and time of its receipt. (b) With every application, the applicant shall submit (1) a development plan, showing and stating: (A) The purpose of the proposed lease; KMC 21.05 and 2110 Page 7 of 25 (B) The use, nature, proposed location on the premises, and estimated cost of improvements to be constructed; (C) The type of construction; (D) The anCicipated construction beginning and completion dates; and (E) Whether the intended use and proposed development conforms with the (i) zoning ordinance of Yhe City; (ii) comprehensive plan of the City; (iii) IaYest Federal Aviation Administration-approved Airport Layout Pian for the Airport; and (iv) the latest Airport Land Use Plan. (2) an explanation of how the applicant infends to finance the consfruction of the proposed improvements. If the applicant plans to borrow funds, the appiicant must include a letter from a bank or oCher lending institution expressing interest in providing financing for the improvements; (3) a business plan, if the applicant proposes to operate a business on the proposed premises. The plan must include (A} a comprehensive description of the proposed business; (B) the number of people the applicant expects to employ in the business during its first full year of operation; (C) the number of customers the applicant expects business to serve during its first full year of operation; (D) the appiicant's source of operating capital. If the applicant plans to borrow funds, include a letter from a bank or other lending institution expressing interest in providing operating capital; and (E) the applicant's estimate of the gross receipts of the business during its first year of full operation; (4) a site plan, if the land the applicant desires to lease is not a platted lot or tract. The site plan must show the location and dimensions of the proposed lease site, but need not be prepared by an engineer or surveyor; and (5) a KPB tax compliance certificate and staternent that the applicant is current with any charges, fees, rents, taxes or other sums due and payabie to the City. (c) Anytime during the processing of a lease application, the City Manager may request, and the applicant shall supply, any clarification or additional information that the City Manager reasonabiy determines is necessary for the City to make a final decision on the application. KMC 21.05 and 21.10 Page 8 of 25 21.10.035 Filing fee and deposet. (a) When submitting an application for lease of land, the applicant shall (1) pay a non-refundable filing fee in the amount of one hundred dollars ($100.00); and (2) make a deposit to show good faith and secure the City in payment of any costs in the following amounts: (A) An appraisal cost recovery deposit of two thousand doilars ($2,000.00); and (B} An engineering, surveying and consulting cost recovery deposit of two thousand dollars ($2,000.00). (b) If the City decides Yo rejecC the applicant's applicaYion and not enCer into a lease with the applicant through no fauit of the applicant or failure of the applicant to comply with any requirement of this chapYer, any deposit made under (a)(2) of this Section .035 will be retumed to the appiicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under (a) of this section .035 will be applied to the City's engineering, appraisai, and consulting costs related to the processing of the applicanYs application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the applicant's application and appiy any deposit made by the applicant under (a) of this section to the City's appraisai, engineering, and consulting costs incurred in connection with the applicanYs application. If the City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible for these costs. The City wili return any unused deposit balance to the applicant. 21.10.040 No right of occupancy; Application expiration. (a) Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. (b) If the City does not reject the application, an appiication shall expire on the eaziier of the following (1) twelve (12) months after the date stamped on the application under 21.I0.030(a) if the City and the applicant have not, by that time, entered into a lease, unless the Council for good cause grants an extension for a period not to exceed six (6) months; or KMC 21.05 and 21.10 Page 9 of 25 (2) the deadline date established under KMC 21.10.120, inciuding any extension of time granted thereunder. 21.10.050 Apptication processing procedure. (a) Initial Application Review by: (1) AssisCant to the City Manager (for application completeness; conformance with Title 21); (2) Airport Manager (for conformance with the Airport Layout Plan, FAA regulations, AIP grant assurances, and airport operations); (3) CiYy Planner (for conformance with the Airport Land Use Plan, municipal zoning, and future airport improvement projects); and (4) City Manager (for adequacy of the applicant's business plan and construction financing plans). (b) The above staff shall present to the City Manager their joint recommendation for action on the application, such as Rejection, Approval, or Approval of a staff alternative. (c) If the City Manager concurs with the staff recomrnendation, the Manager will: (1) issue a rejection tetter, stating the reasons for rejection; or (2) refer the application to the Aitport Commission and the Planning & Zoning Commission for review and comment, together with the Manager's recommendation for Approval or Approval of the staff alternative; and (3) Inform the City Council of the Manager's recommendaYion. (d) If the City Manager refers the application to the Commissions, the City Manager will consider the recommendations of the Commissions and (1) Issue a rejection letter, sYating the reasons for rejection; or (2) Approve the application or staff alternative, and direct the staff to issue the lease; and (3) Inform the City Council of the Manager's decision to approve or reject the application; or (4) Obtain the City Council's concurrence if the Manager's decision to approve or reject the application is contrary to the recommendations of the Commissions. KMC 21 AS and 21.10 Page 10 of 25 (e) An applicant whose application is rejected by the City Manager may appeal Yo the City Council within fifteen (15) days following the date on which the Manager's rejection letter was hand delivered or placed in the U.S. mail. (~ If another complete and otherwise approvable application for lease of the same property is submitted by a different applicant before the City Manager enCers into a lease with the first applicant, the City Manager will forward the applications, the Manager's recommendation and the commissions' recommendations to the City Council for approval of the application anticipated to best serve the interests of the City. The Council may approve one of the applications or direct the City Manager to award a lease of the property by sealed bid. (g) Grounds for the City Manager to reject an application include, (1) the applicant's failure to provide any clarification or information required under this chapter; (2) the applicant's proposed development or use of the land is inconsistent with (i) the zoning ordinance of the City; (ii) the comprehensive plan of the City; (iii) the latest Federal Aviation Administration-approved Airport Layout Plan for the Airport; (iv) any obligation of the City under the Aitport Sponsor Grant Assurances to the Federai Aviation Administration; (v) the latesf AirporC Land Use Plan; or (vi) a regulation of the Federal Aviation Administration applicable to the Airport. (3) the applicanYs proposed development or use of the land would violate a federal, state, or local law, including an ordinance or regulation of the City; (4) the applicant's failure to reasonably demonstrate the financial viability of the applicanYs proposed development or of the business the applicant proposes to operate; (5) the applicant is in default of any charges, fees, rents, taxes, or other sums due and payable to the City; (6) the applicant is in default of a requirement of any lease or contract with the City; (7) the application is rejected by the City Council in favor of another appiication for the same land under paragraph (~ above; (8) the City Council decides, under ( fl above, to reject all applications and award a lease of the land by sealed bid; and (9) the City Manager or the City Council determine that approval of the application is noC in the best interest of the City. ' KMC 21.05 and 21.10 Page 11 of 25 21.10.060 Lease Amendment or Renewal. An application submitted by an existing tenant for an amendment, term extension, or renewal of the tenanYs lease shall be subject to the requirements and procedures of KMC 21.10A10 - 21.10.050, except that (a) KNIC 21.10.030(b)(1) and (2) shall not apply to an application that does not include a proposal to construct new improvements on the premises; (b) KMC 21.10.030(b)(3) shall not apply Yo an application Yhat does not include a proposal add, delete, or alter a business authorized under the lease. (c) the appraisal deposit under KNIC 21.10.035(a)(2)(A) shall not be required for an application for a lease amendment that, if approved, will not alter the size or value of the premises; and (d) the deposits under KMC 21.10.035(a)(2)(A) and (B) shall not be required for an application for a lease amendment that, if approved, will make only administrative changes in the lease and will not alter the authorized use, size, or value of the premises or if the City Manager determines the City will not incur any engineering, surveying or consulting costs. 21.10.070 Length of Lease Term. (a) The length of term for a lease or lease extension granted for land within the Airport Reserve will be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises during the first 24 months following the beginning date of the lease or lease extension. (b) Zf the appiicant proposes to make no investment in new permanent improvements on the premises or proposes to invest less than $12,OOQ the maacimum term of a new lease or a renewal of an expiring lease shall be five (5) years. (c) If the applicant proposes to invest $12,000 or more in new permanent improvements on the premises, (1) the masimum term of a new lease or a renewal of an expiring lease shall be determined according to the following table: KMC 21.05 and 2110 Page 12 of ZS ApplicanYs Investment (in U.S. Dollars) Maximum is at Least Term of Years 12,000 6 24,000 7 36,000 8 48,000 9 60,000 10 72,000 11 84,000 12 96,000 13 108,000 14 120,000 15 132,000 16 144,000 17 156,000 18 16 8,000 19 o 1 Ooyooo ~O 192,000 21 204,000 22 216,000 23 228,000 24 240,000 25 252,000 26 264,000 27 276,000 28 288,000 29 300,000 30 312,000 31 324,000 32 336,000 33 34$,000 34 360,000 or more 35 (2) the ma~cimum term extension for an existing lease shall be one (1) yeaz for each $12,000 of additional investment, provided that (A) any resulting fraction of a year shali be rounded up to the nearest one-quarter ('/4) year; and (B) the total of the remaining lease term and the extension shall not exceed 35 years. KMC 21.05 and 21.10 Page 13 of 25 (d) In the lease ar lease exfension granted Yo the applicant, the City Manager will include a provision requiring the applicant to complete the proposed permanent improvements within a reasonable period of time, considering the cost and nature of the improvements. Provided however, that the time ailowed shail not exceed 24 months after the effective date of the lease or lease extension. (e) The City Manager will include a provision in a lease or lease extension requiring the lessee to provide a performance bond, deposit, personal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanent improvements within the time period set under (d) of this section. The City Manager will determine the form and amount of the security according to the best interest of the City, considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (~ The applicant shall, within 30 days after eompleCion of the permanent improvements, submit to the City Manager written documentation that the improvements have been completed as required under (d) of this section. (g) If the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City's best interest, the Manager will grant an extension that is sufficient to allow for the completion of the permanent improvements or for submission of documentation that the permanent improvements have been completed under this section. No extension or combination of extensions granted under this subsection (g) will exceed 12 months. (h) If, within the time required under (d} of this section, including any extension granted under (g) of this section, the applicant fails to complete the required permanent improvements, the City Manager will (1) execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the applicant under (e) of this section to the extent necessary to reimburse the City for all costs and damages, including administrative and legal costs, arising from the applicanYs failure to complete the required improvements, and (2) take one of the following actions, as appiicable, (A) if the Manager determines that one-third or less of the required investment in improvements has been completed, initiate canceilation of the lease; (B) if the Manager determines that at least two-thirds of the required investment in improvements has been completed, reduce the term of the lease to a period under (b} or (c) of this section that is consistent with the portion of the improvements timely completed; (C) if the Manager determines that more than one-third but less than two-thirds of the required investment in improvements has been completed, apply the best KMC 21.05 and 21.10 Page 14 of 25 interests of the City to take the action described in either ('A) or (B) of this subsection. (i) When used in this section, the follawing terms shall have the meanings given: (1) "expiring lease," means a lease with less than one (1) year of term remaining; (2) "existing lease," means a lease with at least one (1) year of term remaining; (3) "permanent improvement," a fixed addition or change to land that is not temporary or portable; (A} "permanent improvemenY' includes (i) a building, building addition, retaining wall, storage tank, earthwork, fill material, gravel, and pavement; and (ii) remediation of contamination for which the applicant is not responsible; (B) "permanent improvemenY' excludes items of ordinazy maintenance, such as glass repiacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching. 21.10.080 Rental rate determination. (a) Beginning in 2007 and at intervals of approximately five (5) yeazs thereafter, the City Manager shall retain the services of an independent, qualified general real estate appraiser, certified under Alaska Statute 08.87. to determine (1) the fair market value of all the land within the Airport Reserve that is under lease or available for lease; and (2) the contemporary capitalization rate, in terms of a percentage, typically applied ta fair mazket value to establish the rental rate for land leased by landiords in the Kenai Peninsula Borough real estate mazket. (b) During the first 12 months following the date on which the City Manager accepts the determinations made under (a) of this section, the Manager shall establish the rental amounts for leases, as follows: (1) for each new lease granted by the City under this chapter, the rental shall be the fair mazket value of the prernises multiplied by the capitalization rate, both as determined under (a) of this section; and KMC 21.05 and 21.10 Page 15 of 25 (2) for each existing lease that becomes subject to a rent re-evaluation under the provisions of the lease, the rental shall be the fair market value of the premises, as determined under (a) of this section, multiplied by (A} the capitalization rate determined under (a) of this section, if the lease does not include a fixed capitalization rate; or (B) the fixed capitalization rate specified in the lease. (c) At the beginning of the second, third, fourth, and fiRh 12-month period following the date on which the City Manager accepts the determinations made under (a) of this section, the Manager shall adjust the fair market value of all the land within the Airport Reserve that is under lease or available for lease. (1) The Manager shall make the adjustment by applying the Anchorage Consumer Price Index for the previous calendar year; (2) The result of the adjustment shall be considered the appraised fair market value of each property during the respective 12-month period for which the adjustment is made; and (3) If the State of Alaska substantially alters the manner in which the State calculates the Anchorage Consumer Price Index, or ceases to annually provide the Anchorage Consumer Price Index, the City Manager may, with the concurrence by resolution of the City Council, use a reasonabiy similar alternative index to make the adjustments required under this subsection (c). (d) During each of the second, third, fourth, and fifth 12-month periods following the date on which the City Manager accepts the determinations made under (a) of this section, the Manager shall establish the rental amounts for leases in the same manner as provided in (b) of this section, except that the Manager shali apply the fair market value as adjusted under (c) of this section. (e) Under this section, when determining the fair mazket value of the premises of an existing lease, an appraiser shall appraise the property (1) in its condition as of the inception of the lease; (2) plus any improvements or amenities subsequentiy provided by the City; but (3) excluding any improvements or amenities provided by the City under 21.10.100, if lessee has reirnbursed the City, or entered into an agreement to reimburse the City, for the cost of the improvements or amenities. 21.10.090 Reimbursement for city-constructed improvements. KMC 21.05 and 21.10 Page 16 of 2S (a) The City Manager may include in a lease a requirement for the lessee to reimburse the City for the City's cost of (1) land clearing, gravel fill, utility extensions and other improvemerrYs or amenities on or in direct connection with the premises, constructed by the City prior to the effective date of the lease; or (2) land ciearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection with the premises, which the City agrees to construct as a condition of the lease, subject to City Cauncil approval. (b) The Lessee shali reimburse the City for the City's cost of constructing the improvements in ten (10) aqual annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City at any time during the term of the lease. 21.10.100 AddiCionat renC. (a) In addition to rent established under 21.10.080 and any reimbursement for city-constructed improvements or amenities under 21.10.090, a lessee shall pay (1) taxes pertaining to the leasehold interest of the lessee; (2) interest at the rate of eight percent (8%) per annum for all past due rents, charges, and fees; (3) an administrative penalty of ten percent (10%) of the amount due and unpaid each time the lessee fails to timely pay any rent or fee when due; and (4) sales taxes due on payments under a lease. (b) Any rent, charge, fee, or other consideration which is due and unpaid at the expiration, termination, or cancellation of a lease will be a lien against the lessee's property, real or personal. (c) The lessee wiil pay all reasonable actual expenses, costs, and attorney fees the City may incur, with or without formal action, to enforce, defend, or protect the lease or City's rights under the lease, inciuding any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the lessee, the lease, the premises, or improvements or personal property on the premises. The lessee will make payment within 30 days of the date of each notice from City of any amounts payable under this subsection (c). (d) A lessee shall pay the City a reasonabie fee for any special services or facilities, which the City is not otherwise obligated under the leasc to provide and which the lessee requests from the City in writing and the City provides. KMC 21.05 and 21.10 Page 17 of 25 21.10.I10 Bidding procedure. With the approval of the City Council, the City Manager may designate a specific lot or lots to be leased through competitive sealed bid. In a sealed bid offering, the City Manager shall awazd the lease to the qualified bidder that offers the highest one-time premium payment, in addition to the lease rent established under this chapter. Provided however, that high bidder and the bidder's lease proposal shall be subject to all provisions of lease application review and approvai under this chapter. 21.10.120 Lease execution. When issuing a lease to an applicant, the City Manager shall hand deliver or mail the document to the applicant. The applicant shall have thirty (30) days from the date on which the lease is hand delivered to the applicant or deposited in the U.S. mail within which to execute and return the lease to the City Manager. If the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City's best interest, the Manager will grant an extension not exceeding thirty (30) days for the applicant to execute and retum the lease. Upon the failure of the appiicant to timely execute and retum the lease agreement, the City Manager shatl withdraw the offer of the lease in writing. 21.10.130 Form of lease. (a) When leasing land under this Title 21, the City Manager shall use a standard lease form that is (1) drafted to (A) provide a reasonable basis far the lessee's use of the premises; {B) foster the safe, effective, and efficient operation of the Airport; (C) conform with the applicable requirements of the KMC, including this Title 21, Alaska statutes, Federal Aviation Administration regulations, and other applicable federal law; and (D) provide for the best interest of the City. (2) approved as to form by the City Attorney; and (3) adopted by resolution of the City Councii. KMC 21.05 and 21.10 Page 18 of 25 (b) The City Manager may enter into a land lease that deviates from the standazd form adopted under (a) of this section, if (1) the Manager believes the action is in the best inYerest of the City; (2) the lease is approved as to form by the City Attorney; and (3) the lease is approved by resolution of the City Council. 21.10.140 Re-evatuation of rent. (a) At intervals of not less than five (5) years, or at such other time as may be specified in a lease executed before the effective date of the enactment of this section, the City Manager shall increase or decrease the rent charged in the lease to the amount determined under 21.10.080. (b) The City Manager shall change the rent in a lease by giving the lessee written notice at least thirty (30) days in advance of the effective date of the change. (c) A lessee who believes the rent resulting from a change by the City Manager exceeds market rent may appeal to the City Council by delivering a written notice of rent appeal to the City Clerk by no later than the effective date of the rent change. A rent appeal must include (1) the name, mailing address, and telephone number of the lessee; (2) a copy of the City Manager's rent change notice; (3) a summary of the lessee's basis for appealing the rent, including any facts or evidence in support of the lessee's position that the changed rent exceeds market rent; and (4) if the tessee intends to present an appraisal in support of the appeal, the date by which the appraisal report will be made available for the City Council to consider, not to exceed ninety (90) days after the date on which the appeal is delivered to the City Clerk. Failure by the lessee to submit the appraisal report by the stated date wili void the appeai. (d) The City Council will consider the lessee's appeal and the basis for the City Manager's rent change; and (1) If the Council finds against the lessee, the lessee shall begin paying the rent established by the City Manager, as of the effective date of the Manager's original rent change notice; or (2) If the Council finds in favor of the lessee, the City Manager shall issue a written notice to the lessee, rescinding the original rent change notice and establishing the rental rate at the amount determined by the Councii. The effective date of the revised rent shall be the effective date of the Manager's original rent change notice. KMC 21.05 and 21.10 Page 19 of 25 (e) For the purpose of this section 21.15.015, "mazket renP' means the fair mazket value of a lease premises multiplied by the appropriate capitalization rate as provided under 21.10.080. 2110.150 Assignments and subteases. (a) A lessee may not, by grant or impiication, without the prior written consent of the City Manager, (i) assign all or any portion of the lease; (2) assign or convey any mortgage or security interest in the lease; or (3} sublease all or any portion of the premises or improvements on the premises (b) For the purpose of this section, any single or cumulative transfer of more than a 50% interest in a joint venture, partnership, limited liability company, corporation, or other multi-party entity which is a lessee constitutes an assignment of lease interest that is subject to the consent of the City under this section. (c) Any proposed assignment, security assignment, or sublease must be written and must be submitted to the City Manager bearing the original, notarized signatures of all parties. A lessee may submit unsigned draft documents for the City Manager's conceptual review. However, the City Manager's conceptual approval of a draft document may not be conshued as the City's consent to any assignment, security assignment, or sublease. (d) An assignment of a lease must include a provision stating that the assignee accepts responsibility for all of the assignor's (lessee's) obligations under the lease, including environmental liability and responsibility. However, unless the City specifically releases the lessee in writing, the City may hold the lessee responsible for performing any obligation under the lease which an assignee faiis to perform. (e) An assignee or sublessee may not occupy the premises before the City Manager consents to the assignment or sublease in writing. (~ In the event of a conflict between the lease and an assignment, security assignment, or subiease, the terms of the lease will control. (g) The City Manager's consent to any sublease does not relieve or othenvise alter the lessee's obligations under the lease. (h) No security assignment, including any related document, may encumber the City's underlying titie to the land. A security assignment to which the City Manager consents shall be valid only until the lease expires or is terminated for breach, provided that the holder of such a security assignment may act to cure any breach. The City Manager sha11 not consent to a KMC 21.05 and 21.10 Page 20 of 25 security assigrunent thaC obligaCes the City Yo grant a new lease to the holder of the security assignment after the City has terminated the original lease. (i) Regardless of any term stated in a sublease, the term of a sublease will end at the expiration or earlier termination of the lease, unless the City extends or renews fhe lease term, or reinstates the lease after cancellation. A sublessee desiring to remain on the premises after the canceilation, expiration, or termination of the lease, must apply for, and execute, a new lease from the City. (j) Before consenting, or denying consent, to an assignment, security assignment, or sublease, the City Manager wili consider (1) the bestinterests ofthe City; (2) in the case of an assignment or security assignment, the qualifications and financial capability of the assignee to perform the requirements of the lease; (3) the compatibility of the proposed use of the premises by an assignee or subiessee with the uses authorized in the lease; and (4) any recommendations resuiting from a review of the assignment, security assignment, or sublease documents by the City Attorney. (k) The City Manager shall not unreasonably withhold consent to an assignment, security assignment, or sublease. (1) A denial of consent to an assignment, security assignment, or sublease must be in writing and state the reasons for the action. A lessee whose request for consent is denied by the City Manager may appeal to the City Councii by submitting a written appeai to the City Clerk within thirty (30) days following the date of the Manager's written denial. (m) For the purposes of this section, "security assignmenP' means an assignment for security, deed of trust, mortgage, or other document that grants to a creditor an interest in a lease as collateral to assure payment or performance of a debt, loan, or other obligation of the lessee. 21.10.160 Construction of improvements by a lessee. (a) Any building construction by a lessee must be compatible with its surroundings and consistent with the uses authorized under the Lease, as determined by the City Manager. (b) A lessee must obtain the City Manager's written approval before placing fill rnaterial, beginning any land development, or constructing or demolishing any improvements on the leased premises, and before beginning any alterations, modificationsy or renovation of existing structures on the premises. When submitting a request for the City Manager's approval, a lessee must provide the Manager with KMC 21.05 and 21.10 Page 21 of 25 (1) detailed drawings ofthe proposed development, alteration, modification, or renovation; (2) evidence that the proposed development, alteration, modification, or renovation will conform to the requirements of the KMC related to the Airport, zoning, and building construction standards; (3) evidence of the lessee's compliance with Federal Aviation Administration regulation 14 CFR Part 77, if applicable to the proposed development, alteration, modification, or renovation; and (4) any other information the City Manager reasonably requires. (c) The City Manager's approval or denial of a lessee's request under this section must be in writing. A denial must state the reasons for the action. A lessee whose request for approval is denied by the City Manager may appeal to the City Councii by submitting a written appeal to the City Clerk within thirty (30) days foilowing the date of the Manager's written denial. 21.10.170 Indemnification and insurance. (a) All land leases shall include a provision requiring the lessee to indemnify the City from claims related to the lease and the lessee. (b) Except as provided in (c) of this section, all land leases shall require the lessee to provide insurance coverage of the foliowing types and minimum coverage limits. If a lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. (1) Commercial General Liabilitv, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. If the lease authorizes the lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must include an endorsement under which the insurer extends coverage to the lessee's fuel handling activities. The policy must name the City as an additionai insured. (2) Commercial Automobile Coverage with not less than $1,OOQ000 combined single timit per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles the lessee uses on the Airport. (3) Workers Compensation Insurance for all the lessee's employees, coverage as required under AS 2330.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. (4) Products and Comnleted Onerations Liabilitv Insurance. If the lease authorizes the lessee to engage in the sale or the commercial dispensing or storage of aviation fuei, the KMC 21.05 and 2110 Page 22 of 25 lessee shall provide Products and CompleCed Operations Liability Insurance in at least the following coverage limits: A. $100,000 bodily injury combined single limit per occurrence; B. $300,000 bodily injury aggregate; and C. $100,000 property damage combined single limit per occurrence. (c) The City Manager may, wiYh the counsel of the City Attomey, waive or reduce the insurance requirernents under (b) of this section for a lease granted for strictly non-commercial, individual use purposes, (d) The lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premituns have been paid, showing the types and monetary limits of coverage secured. All insurance required by this section must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. Insurance coverage provided under this section shall be by a provider rated A- or better by A.M. Best. (e) A lease shail inciude a provision allowing the City, at intervals of not less than five (5) yeazs from the beginning date of the term of the lease and upon written notice to lessee, revise the insurance requirements required under the Lease. The determination to revise the insurance requirements will be made by the City Manager with the counsel of the City Attorney and shall be based on the risks relative to the lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. ( fl The City Manager with the counsel of the City Attorney may allow a lessee to meet the requirements of (b) by a self-insurance program if the City Manager finds the City will be adequate(y protected, the self-insurance program is otherwise aliowed by law and approval of such a self-insurance program is in the best interest of the City. 21.10.180 Lease termination. (a) Any of the following shall be grounds for the City Manager to cancel a lease and recover possession of the premises upon 30 days' written notice to the lessee, unless the violation is cured within the 30 days: (1) The lessee fails to pay when due the rents, additional rents, charges, or other stuns specified in the lease; (2) The lessee's check for payment of any sum due under the lease is returned for insufficient funds; or if the lessee's credit or debit card is not accepted by the issuing financial institution; (3) The lessee uses, or authorizes others to use, the premises for any purpose not authorized by the lease; (4) The lessee fails to fully perform or comply with any provision in the lease; KMC 21.05 and 21.10 Page 23 of 25 (5) The lessee uses the premises for an illegal purpose or otherwise materially violates an applicable law; (6) A court enters a judgment of insolvency against the lessee; (7) A trustee or receiver is appointed for the lessee's assets in a proceeding bronght by or against the lessee, or the lessee files a voluntary petition in ba.nkruptcy; or (8) Failure by the lessee to timely complete any land development or permanent improvement construction required by the Iease. (b) The lessee will continue to pay the City rent after the expiration, termination, or canceilation of this lease and to abide by the lease obiigations, including providing proof of insurance coverage, through the date lessee relinquishes possession of and completely vacates the premises. The premises wiil be considered completely vacated when the lessee has (1) remediated any environmental contamination for which the Lessee is responsible; (2) removed or otherwise disposed of any lessee-owned permanent or removable improvements and personal property which the lease allows to be removed or the City Manager directs to be removed; and (3) restored the premises to a neat and clean physical condition acceptable to the City Manager. 21.10.190 Damage to lessee improvements. (a) Except as provided under (b) of this section, if a lessee's improvements on the premises are damaged or destroyed, the lessee shall cause the improvements to be repaired or rebuilt, as required under KMC 13.10.070. If the lessee fails to timely rebuild or restore the improvements, the City Manager may, at the Manager's sole discretion, either (1) reduce the term of the lease commensurate with the estimated value of the lessee's remaining, fully functional improvements on the premises, using the term table in 21.10.070;or (2) cancel the lease. (b) I£ a lessee's improvements are damaged to the extent that more than 50% of the space is unusable and the damage occurs within five (5) yeazs of the expiration of the term of the lease, the lessee may remove the damaged improvements, restore the premises and terminate this lease. KMC 21.05 and 21.10 Page 24 of 25 21.10.200 DispositioA of improvements upon termination. Upon the expiration of the term of a lease or any earlier termination, (a) title to Che buildings, other improvements, and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale. However, if City Manager requests any such document, the lessee shall promptly execute, acknowledge, and deliver the document to the City Manager and pay any charge, tax, and fee lawfully asserted or imposed on the conveyance evidenced by the document. Provided however, that the lessee shall retain title to, and remove from the premises at the lessee's sole expense, any building, other improvement or building equipment that the City Manager determines in writing to the lessee 1. has exceeded its useful life; 2. is damaged beyond reasonable repair; 3. is a hindrance to the future use of the premises; or 4. is oP negligible value; and (b) the lessee shall provide the City Mattager with a Phase One environmental assessmenY of the premises from a qualified consultant approved by the City Manager. 21.10.205 Effective date The requirements of this chapter shali apply to lease applications, extension or renewals after the effective date of Ordinance No. -2006. KMC 21.05 and 21.10 Page 25 of 25 ~, ~ +em 6 b «S~„~,~~~ x.~, ~~z~%' 3os ri. wau_ow sr. surre zoo t~a, a a.s~cn ~c„ s~.~oNe ~as~-r.~~ . FAX 90'f 2833737 / ~ • To: Airport Commission From: Rebecca Cronkhite - Airport Manager Date: April 6, 2006 Subject: Spruce Bark Beetle Mitigation During the April 13 meeting, you will hear a presentation on spruce bark beetle mitigation efforts currently underway on airport property. The attached diagram shows the extensive amount of airport land that stili requires mitigation. When this diagram was prepared, we hoped that we could seil the timber. There is no longer a market for this product and therefore it wili be necessary to provide some compensation to have the trees removed. The Kenai Peninsula Borough Mitigation Program office has funds and personnel availabie to assist in document preparation and oversight of a project, however the buik of the funding will need to come from the airport. Based on i~formation currently available, it seems prudent to proceed with mitigation as soon as possible. Eariy mitigation removes invested trees and allows younger spruce and hardwoods to flourish, thus saving the forested areas. As the areas in question provide a buffer between the residentiai areas and the airport, it wouid be advisable to do everything possible to retain a heaithy forest in this area. Estimated cost of this project is around $50,000. Does Commission wish to eecommend Councii fund a project for spruce bark beetle mitigation on airport property? www.ci.kenai.ak.us. Municipal Airport Airport Timber Sale ~ r _wC>IDII'k(MC6/I w~ ~~. ~~~^K S PAC E Kena Peninsula Bamugh (KPB) } ,M~,N~ Spruce BaM Beetle Mitigation Progrem (SBBMV~ ~ . KPB otSBBMP are no[ responsible far ertors, omissions, oraele~ans or. Nis map ~ ~ ~ ~isaepancies in feaWre or bountlary alignmeMS ere due to ose of tleta from tllRerent saurces. Thls map is not a leqal represemauort is protlucea tor general tMOrmational purposes Mty arW is na /w sa~e. Path:M:U'rajects\timbersale~airyort,mxtl RevisionDate:tOn]N3 RemsetlBy:GAG ~ . ~~ Total Harvest: Approx 62 Acres (Rounded) ~terri `oa. Q :~~~~_~z;~ KENAI CITY COtJNCIL - REGULAR MEETING MA12CH 15, 2006 7:00 P.M. KENAI CITY COITNCIL CSAMBERS httn: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of A1legiance 2. Roll Call 3. Agenda Approvai 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the councii and will be appsoved by one motion. There will be no separate discussion of these items unless a councii 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: SCHEDLTI.ED PIIBLIC COMMENTS (10 minutes) i. Patrick Fitzgerald, Army Corps of Eagiaecrs -- Kenai Bank Stabilization Project. ~~-j~'~"'~ "'~ 2. Todd Eberhardt, Copper River Seafoods -- Station #3, Kenai City Dock ~„~h+`o o~n.. ITEM C: UNSCHEDULED PUBLIC COMMENTS {3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC IiEARINGS Ordiaaace No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which Issues May Be Agpealed to the Boazd of Adjustment and Setting Forth Rules Regardang Who Has Standing to Bring Appeals. (Clerk's Note: A motion to adopt was made prior to the motion to posipone untii March 15, 2006). ~~~, ~ a. Snbstitnte Ordiaance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which Issues May Be Appealed to the Boazd ~`~~-~ of Adjustment and Setting Forth Rules Regazding Who Has Standing to Bring Appeals. Q~~ ~ 2. Ordiaaace No. 2150-2006 -- Iacreasing Estimated Revenues and ~ Appropriations by $20,000 in the Airport Land System Speciai Revenue Fund and the Runway Safety Area Improvemeats Capital Project Fund. ~~j~j,o ~, 3. Ordiaaace No. 2151-2006 -- Increasing Estimated Revenues and Appropriations by $2,85Q in the General Fund for Art Acquisition. ~~y~~ ~ 4. Ordiaance No. 2152-2006 -- rlmending Land Use Table KMC 14.22.010 to Remove Footnote 10 From the Land Use Category of "Churches" in the Central Commercial (CC) and Generai Commercial (CG) Zones in the Land Use Table and Changing "Churches" From a Conditional Use to a Frincipal Permitted Use in the Light Industrial Zone (IL). 5. Ordinance No. 2154-2006 -- Increasing Estimated Revenues and Appropriations by $135,000 in the General Fund and Boat Launch Capital Project for Boat Launch Ramp Improvements. ~ay~G G!. - ----> a. Motion for Introduction P~~ ~, > b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption ~pa`~~~ ~~.-- -7 d. Consideration of Motion for Adoption 6. Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. (Clerk's Note: A motiorz to approve Resolution No. 2006-04 was made at the February 1, 2006 councit meeting prior to the resolution being postponed to March 15, 2006.J ~~~~~~J~_~ a. Substitute Resolutioa No. 2006-04 -- Directing the Continuauon of the Project Entitied "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Froject. P~y~ ~(. 7. ResoHution No. 2006-10 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled, "Kenai Boat Launch Ramp Improvements - 2006" for the Basic Bid Amount of $451,600. ~g,~~ G(,8. Resolutioa No. 2006-11 ~- Awazding the Bid to Floor-Ever Inc. for Vintage Pointe Manor Carpet Replacement - 2006 for the Total Aaiount of $45,145. ~~~yj~ ~, 9. RBSOlutioa No. 2006-12 -- Establishing fhe Authorized Signatures for Withdrawal Froux Depositories of Murucipai ~nds. ~o f~f, 10. 2006 LIQUOFt LICENSE RENEWAL -- PROTESTS a. Kings Inn Hotel Froperty Management, LLC, d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC b. Alaskalanes, Inc., d/b/a Alaskalanes c. Amy & George Bowea~, d/b/a One Stop YTEM Fs MINTTTF.S l. *Regulaz Meeting of March 1, 2006. ~ YTEM G: UNFAKISYiED BUSINESS ITEM H: NEW BUSINESS /'~~/'61'~' 1. Bills to bs Ratified ~~~,y~p~ 2. Approval of Purchase Orders Exceeding $ I5,000 3. *Ordiaance No. 2153-2006 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General ~znd Shop Department for Fuel Purchases. ~~-U~ 4. Approvai -- Memorandum of cooperation for Technical Cooperation Between the Municipality of Bolshoy Kamen, Russia and the city of Kenai, Alaska, USA. ~j~~, 5. Discussioa -- Web Page Upgrade ~„~ ~~,~. Discussion -- Kenai Economic Development Strategy (KEDS) Recommendations ~~~ a. Millennium Squaze ~~ b. Section 36 c. Annuai Economic Forums ~~,~' 7. Discussioa -- Challenger Leazning Center of Alaska Request 8. Discussion -- Conservation Fund Land/Contract for Sale of Reai Estate. f~ ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Hazbor Commission 4. Library Commission 5. Pazks & Recreation Commission 6. Pianning & Zoning Commission 7. Miscellaneous Commissions and Committees a Heautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attomey 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSYON - None Scheduled ITEM M° AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 5, 2006 7:00 P.M. KENAI CITY COUNCIL CH.4NIBERS http: ( /w~vcv.ci.kenai.ak.us YTEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. ConsentAgenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no sepazate 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: SCfiEDULED PUBLIC COMMENTS (10 minutes) l. Jess Carlsoa -- Eagie Project/Mile Signs on Kalifomsky Beach Portion of the Unity Bike Trail. ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCIIS ITEM E: PIIBLYC HEARINGS 1. Osdiuaace Na. 2153-2006 -- Increasing Estimated Revenues and `: '~~ ~~c~ ~~ Appropriations by $35,000 in the General F~znd Shop Department for Fliel Purchases. 2. Resolutioa No. 2006-13 -- Transferring $9,700 in the General F~nd to d~~'SS(~r~ ~~ • purchase Equipment for Fire Department. It?1e ; l~l.C~.- 3. Resolutioa No. 2006-14 -- Approving the Sale of Lot Four (4), Block Two (2), Evergreen Subdivision, Kim Addition. Z~~u~ ~~C~SSec2 A 4. Resolutioa No. 2006-15 -- Approving the Sale of Twenty-six lots in Inlet ..,~~-~~~cR- Woods Subdivision to Hall Quality Builders, Ina (With a 10% Discount for Cash) for $317,700. ') 5. Resolntioa No. 2006-16 -- Transferring $7,168 in the General FYZnd /' ~' ~.~C~ Buiiding Department for Exterior Stripping and Repainting of the Recreation Center. '-`! S;~ ~( ~i . 6. Resolution No. 2006-I? -- Awarding the Bid to Hansen Painting, Inc. for the Kenai Recreation Center Esterior Stripping and Painting - 2005 for the Total Amount of $67,550. y~~' SSf~d Ct . 7. Resolution No. 2006-18 -- Awazding a Contract for $31,400 to Medronic Physio-Control Company for'I`wo Life Pak 12 Cardiac Monitors. ~j~GSSCcC C( _$' ~esolutioa No. 2006-19 -- Supporting the Inclusion of the'I~vo Cook Inlet Lease Sales in the Federal Minerals Management Service's Outer Continental Shelf Oil and Gas Leasing Program of 2007-2012. *LYQUOR LICENSE RENEWALS George's Casino Bar, #k204 -- Beverage Dispensary Katina's Greek & Italian Restaurant, #4533 -- Restaurant/Eating Piace ITEM F: MINUTES *Regular Meeting of March 15, 2006. ITEM G: ITEM H: NEW BUSINESS )~~~~~~v~ ~ 1. Bills to be Ratified '~~~~,V~,~~ 2. Approvai of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2155-2006 -- Increasing Estimated Revenues and Appropriations by $24,000 for Utilities for the Challenger Leaming Center (Challenger Center) of Alaska. 4. *Ordinance No. 2I56-2006 -- Rezoning From Rural Residential (RR) to Recreation (R) that Land Described as Tract A, Ballfield Subdivision and Those Portions of the NE '/< and the NE '/< NW '/4 Which Lie Northeasterly of the Kenai Spur Highway and South and West of ASLS 79~57 Amended and North and Northwesterly and Southwesterly of Ballfield Subdivision, Containing Approximately 39.53 Acres. 5. *Ordiaaace No. 2157-2006 -- Increasing estimated Revenues and Appropriations by $4,0'73.11 in the General F~nd to Replenish Police Depaztment Overtime Depleted by The Arctic Winter Games. 6. Approval -- Vacation of Cricket Drive, a 60-Foot Public Right-nf-Way /~ ~~ Dedicated by Baron Pazk Subdivision No. 5(Plat KN 86-165); and ~i ~ GL' Associated Public Utility Easements and ffie 20 Utility Easement Between Tract C and Lot 1; All Within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai asad the Kenai Peninsula Borough; KPB File No. 2006-032; Petitioner: Chazles M. Kopp, Acting City Manager of Kenai, Alaska; Location: City of Kenai. 7. Approval -- Consent to Assignment of Lease -- Jacqueline Ann Swanson/ !~~i~% ~~l`t `~" Lot 6, Block 5, General Aviation Apron. rY~ ~~~<< ~~ 8. Elpproval -- Consent to Assignment / Amendment of Lease -- Timothy K~ and Linda Mitchell to Franklin G. Wortham / Lot 5, Block 5, General <<< ~-~"l~~' ~'l Aviation Apron. ~ ~ 9• ( Discussion -- Permit Between Chagachmuit and the City of Kenai to ~ tCC << ~ 1c~~tc ~~ Perform Hazardous Ftzels Reduction Services. zE ~~ ~~~>~;~ 10. Discussioa -- Community Purpose Property Tax Exemption -t,cl" C_uce' ~ v~-~ ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Stranded Gas Comauttee ITEM J: REPORT OF THE MAYOR ITEM K: ADMIPIISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION i. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM M° ADJOURNMENT INFORMATYON ITEMS KENAI CI~TyYp~!9C~}OUNryCIL GMEETING L1Sd6AN Sy 6ooV 1. FY2006 General Fund Budget Increases (requested at 3/ 15/06 council rneeting). 2. 3/9/06 Kenai River Special Management Area Advisory Boazd Meeting Minutes. 3. State of Alaska 2006 Gaming Permit Application/Kenai Peninsula Racing Lions. 4. 3/ 14/2006 M. I. Blair letter regazding rejection of proposed Angler Drive Loca1 Impsovement District, Resolution No. 2006-06. 5. 3/24/2006 Sue Carter letter requesting the funding of a full-time receptionist for City Hall 6. 3/ 16/ 1006 Keith Kornelis letter addressing a new road and water and sewer system in Mommsen Subdivision for Frontier Community Services and Kenai Senior Connections. 7. 3/24/06 Public Works Depaztment, Project Status Report. 8. 5/5/06 Purchase Orders Between $2,500 and $25,000 for Council Review Item ~o b N .e+ C L L ~ EO ~ ~ ~ ~ ~ ~9 g ~ i ~ W \ ~ 2 ~ ~ O ~ (~ a ~ C N W e~ ` ~ o ` 1 + ~Q L ~ Q ~u C ~ ~ Q ~ Q' t~D w ,r; ~~ do C p_ ~ L O C U ~ ~ Z O wa Y j Q T ++ a C Q' N ~ ~ W t~ Zpo ~ U ~ N C W ~ ~ p ~y/ ~ _ ~ C0 G Z ~ ~ O O Z F N ~ Q z Qo ~ Q LU '> Q « c 0 :a N V n ~ ~ o 0 0 0 o O O O o ~ ~ ~ ~ ~ ~ N N ~ N N N ch tn V' ~ d' W ~ V' (O O W N c~ c~ m co r rn ~ m m rn r~ rn o ~n u~ rn ti ao n rn r~ (D tn (O ~f1 ln (O ~ m (O CO (O (O c rn ~ ~ M O ( O Q Q ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ cfl ~ co o ~ ~ rn ~ ~ (O N M ~ M V M CO ~ ~ ~ C d ~ - ~ ~ G ~ ~ > U ~ lL ` 2 Q ~ ~ - i C fn O Z ~ ~ .~ 8 C ~ d ~ ~ c 0 ~ O N Q O ~ _ N ~ t Q ~ 'R ~ C ~ d a Y ~ ~ V ~ e m +. 0 ~ c d •~ ` ~ ~ v L R ~ a ,_ ~U d ~~ C1 a ~ N ` X R w M N N ~ ~ M ~ M W 0 ~ ~ r m N M r M a ~ ~ a : h tem IO c, Ksnre Poninaulr Borouyh 5~ruce Bark Bee t'/~ Mitiga~imrr ~rogram a ~~:~ ~'~~k' Z. >_ F'~.9^~::it~~,~~ REQUEST FOR QUOTES: SPRUCE BARK BEETLE MITIGATION PROJECT BII2CH #i RIGHTS-OF-WAY PROJECT, KENAI, ALASKA The Kenai Peninsula Borough (KPB) is requesting quotes for the Birch #i Rights-of-Way project, which is designed to clear dead and dying spruce bark beetle infested hazard trees near road corridors. The scope of work consists of providing all labor and equipment necessary to perform SBB Mitigation work. This work involves the selective cut, limb and removat or proper disposal of spruce bark beetle killed or infested trees from selected Peninsula road rights-of-way easements and on adjacent private property as identified in the Birch # 1 Rights-of-Way Project Map (Attachment t) and Parcel Information List (Attachment (-A), attached to this Request for Quote (RFQ), per the standards noted below. Based on govemment estimates this project will require an informal solicitation only and a KPB Short Form Contract as the quote for this project is expected to be less than $15,000.00. The KPB Short Form Contract is included for reference with this RFQ as Attachment A. Generat Conditions of the contract are included with this RFQ as Attachment B. Copies of the Request for Quote (RFQ) and Contract Documents for this Rig6ts-of-way Project mav be obtained after 10 am Mondav March 27 2006 from the SBB Office at 36130 Kenai Spur Highway, Soldotna, Alaska 99669 (260-6202) or from the Homer Spruce Buk Beetle Office located at 206 E. Pioneer Street in Homer, Alaska (235-8840). Quotes for the Spruce Bark Beetle (SBB) Birch # I Rights-of-way Project must be received at the Spruce Bark Beetle Mitigation Office of the Kenai Peninsula Borough, 36130 Kenai Spur Highway, Soldotna, Alaska 99669, no later than the elose of business, Tuesdav Aoril 4, 2006. Quotes can be faxed to the Spruce Bark Beetle Mitigation Office at 907 260-6204. All tec6nical questions or requests for clarification concerning this IiFQ shall be directed in writin¢ to the attention of the Saruce Bark Beetle Proeram Mana~er no later than 12:00 PM local time Mondav Aarit 3. 2006. Questions may be faxed to (907) 260-6204. Questions or requests for clarification conceming this RFQ directed to any employee or elected official of the Borough other than the Spruce Bark Beet(e Program Manager of the Kenai Peninsula Borough may be grounds for disqualification from the process. Atl questions will be compiled, answered in writing and distributed to a(I prospective contractors. The winning Contractor will be required to provide certificates of Commercial General Liability Insurance of $I,OOQ000.00 and Automobile Insurance of $1,000,000.00 at time of signing of contract. Contractor shall provide one CeRificate of Insurance naming the Kenai Peninsula Borough and the Kenai Peninsula Borough School District as an Additionai Insured. The winning Contractor will also be required to provide proof of Worker's Compensation Insurance if state law requires such coverage. This proiect involves work on Citv of Kenai Airport propertv. Successful bidder will be required to meet with airport staff for a safetv(securitv meetinQ before commencement of work, 5uceessfut SPRUCE BARK BEETLE MITIGATION PROGRAM: 36(30 KENA[ SPUR HWY, SOLD07'NA, ALASKA: 907 260fi202: Page ( of 5 bidder wilt be reauired to post a$100.00 (One Hundred Dollars) deposit for airport 2ate kev. $75.00 (Seventv Five Dotlarsl will be refunded upon return of eate kev at the conclusion of uroiect. Submitted quotes for the Birch #1 rights-of-way project must include the following: L Contractor must sig~ and submit page ~ of this RFQ, acknowledging receipt of Attachments A, B, l, and 1-A, of this RFQ. 2. Contractor must sign and submit the signature page (page 3) of the Quotafron Fortn, Birch # 1 Rights-of-way Project. 3. Contractor's Management Plan, if required, as specified on page 2 of this RFQ or on page 2 of the Quotation Form, Birch #1 Rights-of-way Project. 4. Addendum Acknowledgements (if applicable) Failure to include all required documents with the quote may result in a rejection of the quote as non- responsive. Timelines and manual signature requirements may not be waived; failure to submit a quote on time with the required signatures shatl result in the rejection of the quote. The winning Contractor will be required to provide the SBB O~ce a fully completed KPB Tax Compliance Form and a copy of a current Alaska Business License at time of signing of contract. PROJECT END DATE: Thirty (30) business days after execution of wntract between KPB and successful contractor. If the project end date occurs on a weekend or KPB holiday, the termination date will be extended to the next following KPB workday. STANDARDS FOR MITIGATION WORK ON SBB ROW PROJECTS All green un-infested spruce trees and all other tree species s6a11 be protected and not cut to the maximum extent possible during this SBB Mitigation Project. All marked survey monuments within this ROW project shall be left undisturbed. Found survey monuments and property corners within this ROW project have been marked with red flagging and/or lathe. Contractor is responsible for replacing all disturbed survey monuments. All marked `Beazing Trees" within this ROW project that are identified as"hazard" trees will be topped above flagging. For purposes of this ROW project "topped" is defined as cutting the tree stem between 6 (six) and 8(eight) feet above ground and leaving the bottom 6 to 8 foot portion of fhe tree stem standing upright. "Bearing Trees" have been marked with red flagging wrapped circular around `Bearing Trees". Right-of Ways included in t6is project, as identified in attac6ments to this RFQ, have been surveyed and flagged with Blue fla~aina and Florescent Pink flagging. Contractor is responsible for treating entire flagged area within project rights-of-way per t6e standards below." Contractor shatl endeavor to complete all work on a project lot before beginning to work on the next project lot. If contractor intends to work on multiple project lots concurrentlv, contractor must submit a mana ea ment plan alone with contractor's bid that details how the contractor will accomplish the timely completion of all work on a proiect lot once ~roiect oaerations beQin The Contractor is responsible to ensure that trespass does not occur o~ private property where the property owner has not given the Contractor or KPB written authorization to remove hazard trees. The contractor is responsible for minimizing ground disturbance on project parcels to protect live trees and ground vegetation to the maximum extent passibleo Felling and log/slash removal conditions for individual participating parcels within the Birch # 1 Rights-of- Way Project are specified in Attachment 1-A of this RFQ (Pazcel Information L'ast). SPRUCE BARK BEETLE MIT[GATION PROGRAM: 36130 KENAI SPC~R. HWY, SOLDOTTIA, ALA5KA: 907 260fi202: Page 2 of5 SECTION 1: STANDARDS FOR CUTTING TREES WTTHIN ROAD RIGHTS-OF-WAY EASEMENTS The standards in Section 1 apply to SBB Mitigation Project work within City of Kenai road rights-of-way easements. Road rights-of-way easements to be included in this project are identified in the Biroh #I Rights-of-Way Project Map and the Birch #I Rights-of-Way Project Parcei Information List. Lo~ decks created for staging logs prior to removal must be a minimum of 15 (fifteen) feet from the shoulder of the road on KPB rights-of-way. 5tandards specific to City of Kenai Road Easement: 1. Selectively cut, limb and remove all spruce bark beetle killed, spruce bark beetle infested, or wind- thrown trees within City of Kenai road rights-of-way easements per the standards below. • City of Kenai Road Easement: All spruce bazk beet(e killed or infested trees, all wind-thrown trees, and all siash (limbs/brush) must be removed from within I S(fifteen) feet from the shoulder of the road. 2. All stumps from cut trees within 15 (fifteen) feet from the shouider of the road on City of Kenai road easements must be cut to "ground" IeveL "Ground LeveP' is defined as a stump no greater than I.5 inches in height on the high side of the stump, and stump must be cut to slope." 3. Hazard trees, windfalls, and slash in the rights-of-way area between 15 feet from the shou(der of the road on City of Kenai rights-of-way, and adjacent private property is to be treated according to the specifications fisted in Section 2 of this RFQ. This area is defined as the portion of CiTy of Kenai rights-of- way that extends beyond 15 feet from the shoulder of the road. SECTION 2: STANDARDS FOR CUTTING TREES ON ADJACENT PARCELS AND ON DESIGNATED CITY OF KENAI RIGHTS-OF-WAY The standards in this section apply to SBB Mitigation Project work on: (1) property adjacent to road righu- of-way easements within the Birch # 1 Rights-of-way Project area where the SBB office has received authorization to remove hazard trees; on (2) designated City of Kenai rights-of-way; and (3) in azeas further than IS (fifteen) feet from the shoulder of the road on City of Kenai rights-of-way, as described in Section I of this RFQ. Adjacent pazcels and designated City of Kenai rights-of-way that are to be included in this project are identified in the Birch # I Rights-of-way Project Map and Parce( Information List (Attachment . 1, and I-A of this RFQ). Designated rights-of-way (if any) are marked on the project map as a triangle ~~ )• All activities associated with trees on private property may only occur afrer written authorization is signed by the Qroperty owner and received by the SBB Office. Contractor is responsibie for insuectine nroiect area to• (i l determine number of hazard trees on authorized participatin~project parcels that require felline; and (21 determine the requirements for removal of slash from "landscaped" pazcels (if proiect contains "landscaoed" parcelsl oer the s~ecifications of Standard 5 below. "Landscaped pazcets" (if any) aze identified on the Pazcel Information List (Attachment 1-A) of this RFQ. Every practical effort sha11 be made to perforna clearing work to minimize the damage to private tandowners properry induding ground disturbance. i. Selectively fe(1 and limb all spruce bazk beetle killed or infested trees on project parcels and designated City of Kenai rights-of-way within approximately 90 (ninety) feet from the shouider of the road as identified by a survey line flagging running parallel to the road, approximately 90 (ninety) feet from the SPRUCE BARK BEETLE MITiGATION PROGRAM: 36130 KENA1 SPUR HWY, SOLD01'NA, ALASKA: 907 260b202: Page 3 of 5 shoulder of the road. This line runnins parallel to the road is marked with Blue t7aasine and Florescent Pink flaeeine. This flaeaed line runnin; paraflel to the road mav be further than 9~ ~ ~inetvl feet from the shoulder of the road in some areas. Spruce bark beetle killed or enfested trees on participating private parcels and project rights-of-way will be removed or limbed and left in place, depending upon laadowner's discretion as identified in Attachment 1-A of this RFQ, as flat to the ground as possible. 2. MaYimum acceptabte stump heights on adjacent paRicipating private parcels and on designated KPB rights-of-way shall not exceed, on the side adjacent to the highest ground, a height of 12 (twe(ve) inches. Slash material (limbs and tree tops from felled trees) left on site shall be minimal and is not to exceed 12 (twelve) inches in depth. Material left on site shal( be bucked and scattered, chipped and scattered, or broken down and scattered. If landowner requests log to be left on site, logs aze to be limbed and (eft whole log as flat to the ground as possible unless otherwise specified in Attachment 1-A of this RFQ. All woody material (other than logs left whole per landowner wrirten request) greater than 4{four) inches in diameter left in p(ace shal! be bucked into 3(three) foot lengths. 3. For the purposes of this project, "Hazard Trees" are de6ned as spruce bark beede kitled, spruce bazk beetle infested trees, or wind thrown spruce trees. For purposes of this project, a spruce bark beetle infested tree is a spruce tree that has been colonized by spruce bark beetles (Deadroctonus rufipennis), and A. Exhibits either of the followin, signs of a spruce bark beede attack: red borin~ dust (frass) wieh or without pitehouts (globules of reddish-brown resin); spruce bark beet(e entrance or egg gal(ery ventilation holes (approximatety I/8 inch diameter); and B. Contains five or more spruce bark beetle egg galleries per square foot of tree trunk. 4. For purposes of this project, "tree butts" are defined as a paR of a"hazard tree to be removed", and shall be removed from a project parcel if the landowner requests that hazard trees are removed. 5. For purposes of this project, "(andscaped" parcel is defined as either a parcel with the native ground vegetation removed and replanted with turf grasses or other ornamental plants. or a parcel where the native ground vegetation has been significantly a(tered to create an apparent grou~d cover design. "Landscaped" parcels require removal of all woody debris with a diameter ~reater than 1" (one inch). Slash left on '`landscaped" parceis to be minimal. 6. For the purpose of this project, snags left frorn windthrown spruce trees are defined as a part of a "hazard tree to be removed", and shall be removed from a project parcel if the landowner requests that hazard trees are removed. 7. For the purpose of this project, the leave/remove prescription for hazard trees listed in Attachment 1-A of this RFQ refers to that portion of a hazard tree beginning 12 (twelve) inches above the ground and ending at a 4(four) inch diameter at the top of the hazard tree. Suceessfut contractor must schedute a site inspection of Birch #1 Rights-of-Way ~'roject with S$B personnel prior to commencement of project work. Contractor may submit requests for payment for work completed for up to '75% of the total project cost authorized by Owner according to the work completed. Upon completion of the project, Contractor shall submit a written request for final inspection of the work completed. Owner shall be deemed to have accepted all Contractor's work as satisfactory and complete within 10 working days of receipt of the SPRUCE BARK BEETLE MITIGATION PROGRAM: 36130 KENAI SPUR HWY, SOLDOTNA, ALASKA: 907 260fi202: Page 4 of 5 written inspection request, uniess detailed exceptions to the work are provided to the Contractor, by Owner, in writing within 10 working days of the request for final inspection received by Owner. No Agreement shall be deemed to have been entered and no work may begin until all parties have signed all ftnal ageement documents. The borough reserves the right to reject any and all proposals at any time prior to final execution. KPB reserves the right to: reject any and all quotes andlor financial offers; to cancel any contract for the convenience of the Government. The Project End Date for this rights-of-way project may be modified if ground, weather, or road conditions become unsuitable for conducting tree removat work. If ground or road conditions become unsuitable for conducting tree removal work, the SBB Mitigation Office will notify the Contractor in writing with instructions to cease operations due to unsuitable ground or road conditions. Upon receiving written notification from the SBB Office the Contractor will immediately cease all project work. The Contractor may, if ordered to cease operations because of unsuitable ground or road conditions, present a Bil( of Collection to the SBB Office for partial payment of contract based upon percentage of project completed. The SBB Mitigation Office will notify the Contractor with instructions to resume operations when ground or road conditions allow for the resumption of project work. The Coutractor shall take all necessary precaurions for the preveation of forest fires and shall be responsible for the suppression and beaz the suppression costs of any and att fires occurring within or without the Project Area arising out of Contractor's activities. During the fire season, the Contractor shall provide and maintain sufficient fire-fighting tools in the Project Area to equip each person engaged in rights-of-way clearing activities at each separate work site. All tools shatl be kept in serviceable condition and kept in one or more weather-tight fire toolboxes, prominentiy marked "Tools for Fire Only". All fires shall be reported immediately to the agency responsible for protection in the azea and to the SBB Office regazdless of the size or apparent insignificance of the fire. The undersigned acknowledges receipt of Attachments A, B, l, and 1-A of the Birch # 1 Rights-of-way Project RFQ. Signature of Contractor Birch #1 ROW Project Date SPRUCE BARK BEETLE MITIGATION PROGRAM: 36t30 KENAI SPUR HWY, SOLDOTNA, A[,ASKA: 907 260b202: Page 5 of 5 ~a-+ V Q~ .~, 0 ~ ~ ~ 0 ~ ~ .~-+ ~ ~ U i m r w _ ~ E s v m .. .. a