HomeMy WebLinkAbout2006-06-08 Airport Commission PacketKENAI AIRPORT COMMISSION
JUNE 8, 2006
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 -- May 11, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
dTEM 5: OLD BUSINESS
a. Discussion/Recommendations -- Proposed Amendments to Kenai
Municipal Code Title 21 En;itled, "Kenai Municipal Airpor; and the
Airport Reserve."
b. Discussion/Recommendations -- Proposed Amendments to Airport
Regulations.
c. Discussion -- Kenai Peninsula Air Fair
ITEM 6: NEW BUSYNESS
ITEM 7: REPORT
a. Commission Chair
b. Airport Manager
c. City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND QUESTTONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION ITEMS
a. Kenai City Council Meeting Action Agendas for May and *, 2006.
ITEM 11: ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO
ATTENb THE MEETING:
CAROL -- 283-8231 OR,
REBECCA/MARY -- 283-7951
KENAI AIRPORT COMMISSYON
MAY 11, 2006
KENAI CITY COUNCIL CIiANiBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- April 13, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Kenai Peninsula Air Fair
b. Discussion -- Airpos°t Regulation and Kenai City Code Changes/Wrap-Up
of Previous Reviews
c. Discussion -- Airport Construction Projects Update
ITEM 6:
TEM 7:
a.
b.
c.
ITEM 8:
YTEM 9:
ITEM 10:
REPORT
Commission Chair
Airport Manager
City Council Liaison
COMMISSIONER COMMENTS AND pUESTIONS
PERSONS NOT SCHEDULED TO BE HEARD
a. Kenai City Council Meeting Action Agendas for April 19 and May 3, 2006.
b. 4/06 Kenai Municipal Airport Enplanement Report
c. 5/6-7/06 2006 Alaska State Aviation Trade Show Information
ITEM 11:
xEraay ~RroxT comMissaorr
n~AY ii, 2ooe
xENaz ciTY courrc~L cxamsExs
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called
confirmed as fallows:
Commissioners present
Commissioners absent:
Others present:
A quorum was present.
the meeting to order at appro~mately 7:05 p.m. Roll was
J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, D. Haralson
and L. Porter.
C. Versaw
Council Member L. Swarner and Airport Manager R.
Cronkhite
ITEM 2: AGENDA APPROVAL
MOTION:
Council Member Harralson MOVED for approval of the agenda as presented and
Commissioner Bielefeld SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- April 13, 2006
A spelling correction at Page 2, ("Barnabus" should be "Barnabas") was noted.
MOTION:
Commissioner Hazalson MOVED to approve the meeting summary with the spelling
change. Commissioner Bielefeld SECONDED the motion. There were no objections.
SO ORDERED.
YTEM 4: PER301VS SCFI~DULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion -- Kenai Peninsula Air Fair
A general update was given by members of the Commission and the Airport Manager.
It was noted, prepazation for the event was complete. Thanks was given to the FAA
Flight Service Station for their assistance at the Alaska Airman's Trade Show.
s. Discussion -- Airport Regula6on and Kenai City Code Changes/Wrap-Up
of Previous Reviews
The Commission concurred a work session should be requested and scheduled
following the next regular meeting to review the Airport Regulations and Code
suggested changes.
5-a Discussion -- Airport Construction Projects Update
No discussion.
ITEM 6:
ITEM ~: REPORT
T-a. Commissioa Chair -- No comments.
7-b. Aiaport Maaager -- No comments.
9-c. City Couacil Liaisoa -- Council Member Swarner noted the action
agenda from the May 3 council meeting was included in the packet. She noted the
budget ordinance would be introduced at the May 17 meeting with the public hearing
held on June 7.
_. EM 8: COMMISSIONER COMMENTS AND OUESTIONS
A general discussion took place on overall budget and revenue issues. Additionally, the
Commission generally agreed reliable fuel service is needed in supplying fuel at the
Float Plane Basin.
Commissioners Haralson and Mayer reported they would not be able to attend the
June 8 meeting.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
10-a. Kenai City Council Meeting Action Agendas for April 19 and May 3, 2006.
10-b. 4/06 Kenai Municipal Airport Enplanement Report
10-c. 5/6-7/06 2006 Alaska State Aviation Trade Show Information
ITEM 11:
MOTION:
AIRPORT COMMISSION MEETING
MAY 11, 2006
PAGE 2
Commissioner Zirul MOVED to adjourn and Commissioner Haralson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at appro~mately 8:15 p.m.
Meeting Summary prepazed by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING
MAY 11, 2006
PAGE 3
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Municipal A6rport
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305 N. WILLOW ST. SUfiE 200 t~NAi, AUISKA 99611
TELEPHONE 907-283J959
FAX 907-283-3737
To: Airport Commission
From: Mary Bondurant - Assistant to the Airport Manager
Date: June 1, 2006
Subject: Proposed changes to Title 21
The KEDS Economic Development Committee reviewed the Draft Title 21 and
Map and submitted a letter (attached) to the City Manager with comments and
suggestions concerning the proposed airport reserve boundary, the lengths of
terms and the lease rates.
Based on KEDS comments the changes are in legislative forrnat on pages 8, 12,
13, 15, and 16. The Airport Reserve Boundary map in KMC.
Attached is the amended draft version for your review and recommendation.
attachments
www.KenaiAirport.com
May 22, 2006
Rick Koch
City of Kenai
210 Fidalgo Ave
Kenai, AK 99611
RE: Title 21 - Kenai Municipal Airport and the Airport Reserve
Dear Rick Koch:
The KEDS Economic Development Committee has reviewed the Draft Title 21 and Map
provided by the City of Kenai. The following are our recommendations:
1. The proposed Airport Reserve Boundary should be amended to exclude
everything East of Willow Sueet and East of Marathon Rd. as faz North as the
Northern Boundary of Section 33. See the attached map for a visual
representation of our recommendation. These sections of Kenai shouid be
excluded from the reserve because the likelihood of them being used for aviation
purposes is minimal and they are needed to provide additional private wmmercial
development opportunities. Furthermore, it is our belief that the sections outlined
above should be converted to fee simple property (wherever the property is not
already fee simple) and made availahle for purchase.
2. 21.10.030 Applications - Sections 2 and 3 should be excluded from this section.
These two issues are both adequately dealt with by two-yeaz development
requirement outlined in 21.10.070 sestion d.
3. 21.10.070 Length of Lease Term - We feel this section has some problems that
may be best solved through a meeting but at a minimum the following issues need
to be addressed: Section C should be amended so that the minimum lease term is
15 years where $50,000 or more will be invested in the site. Anything less than
$50,000 should fall under the five-yeaz maacimum lease term. This provides
incentive for greater investment and provides for terms suitable to secure
financing over the $50,000 level (banks will require at least a I S year term). In
addition, this section seems to indicate that in order to renew a lease you must
invest addition money into the site. This seems unfair to a tenant that is content
with the current improvements and wants to renew. We welcome the opportunity
to discuss this section more thoroughly.
4. 21.10.080 Rental Itate Determination - Section C, part i referer.ces the
Anchorage Consumer Price Index for adjustments to lease rates. The Anchorage
market is vastly different than ours and it would be a mistake to use mazket rates
in Anchorage to deterrnine rates in Kenai. The unintended consequence of this
provision could be the exponential increase of lease rates and the subsequent
failing of businesses. It would be more advisabie for the City to incur the cost of
re-appraisal more frequently than outlined in Section A. One option would be to
leave the lease rate at Che most reeent appraisai unti] five years pass or
administration feels that market conditions have changed enough to warrant a
"mid-term" appraisal.
These are the recommendations of the KEDS Action Team and are intended to be
constructive. If you have any questions about any of the comments above please feel free
to contact us. We will aiso make ourselves available for a meeting if it is determined that
a meeting would be helpful.
Respectfully,
i' ~-._~ ,
~
Jason Carroll
KEDS Action Team
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Title 21
KENAI MUNICIPAL AIRPORT AND THE AIRPORT RESERVE
Chapters:
21.05 Airport Administration and Operation
21.10 Leasing of Airport Reserve Lands
2I.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
21.05.020
21.05.025
21.OS.d30
21.05.040
21.05.050
21.05.060
21.05.010 Aii
Airport Reserve.
Airport Reserve boundary map.
Definitions.
Regulation of the Airport.
Use or occupancy of the Airport Reserve.
Parking automobiles and aircraft.
Environmentat requirements.
Penalties.
-pork Reserve.
(a) There is established an Airport Reserve for the development, expansion, maintenance,
operation, protection, and perpetuation of the Kenai Municipai Airport. The boundaries of the
Airport Reserve are established as shown on the map codified as 21.05.015.
(b) No city-owned land within the Aizport Reserve shall 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 ([,egislative format) Page I of 25
(a) "Airpon" means all the facilities and land of the Kenai Municipal Airport within the Airport
Reserve.
(b) "Airport Manager" means the official to whom the City Mana~er has delegated the authority
and responsibility of managing and directing the acTivities of the Airport. "Airpon 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 the City Council has delegated the responsibiliry
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 Aitpon 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 repeai 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 Parkiag automobiles and aircraft.
It shall be unlawCul for a person to pazk 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 (Legislative format) Page 2 of 25
~~~ The Airport Manager, inciuding the manager's designaCed representative, sha11 be vested with
full police powers under the authority of the City to enforce the provisions of this section.
21.05.050 Environmental requirements.
(a) A person using the Airport shall comply with all applicable environmental laws
(b) A lessee, permittee, or concessionaire who is required under any environmental law to
submit a report or other document about a violation or potential violation of an environmenCal
law to a regulatory agency shall provide a copy of the document to the Cily Manager. Any
person who receives a permit from an environmental regulatory agency in connection with the
person's use of the Airport shaii, within ten (10) days of receipt of the permit, provide a copy of
the permit to the Ciry Manager.
(c) A lessee, permittee, or concessionaire shall provide to the City Manager a copy of
( I) 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 complainC filed in a court thaC alleges violation by the tessee, 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 acceptable
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 Airport
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
(1) a lessee's use of, oc access to, the lessee's premises, unless
(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 expressly
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 properry. While performing the
assessment, the City will not unreasonably interfere with a lessee's use of, or access Co, the
iessee's premises unless the lessee first expressly consents. The City wili assume the cost of the
KMC 2195 and 21.10 (Legislative format) 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 respc~nsible for the
contamination shall, upon notice from the City Manager,
( I) reimburse the City for the cost of the assessment; and
(2) clean up the contaminarion.
(~ For purposes of this section 21.05.060, interference with
(1) a lessee's use of, or access to, the lessee's premises is unreasonable if the interference
(A) poses a safety hazard or a substantial disruption of the lessee's use of, or
access to, the lessee's premises; or
(B) can be avoided without materiaily increasing the cost or materially
decreasing the effectiveness of the effort 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 hazazd or a material disruption of the operation or development of the Airport.
(g) For the purposes of this chapter 21.05, the following terms aze defined as foliows
( I)"Contamination" - the unpermitted presence of any released Hazardous Substance.
(2) "Environmental AssessmenY' - 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 govemmental entiry relating to
environmental matters, including littering and dumping.
(4) "Hazardous Substance" - any substance that is defined under an Environmental Law
as hazardous waste, Hazazdous Substance, hazardous material, toxic, pollutant,
conCaminant, petroleum, petroleum product, or oil.
(5) "Materially Contributed To" - to cause the release or migration of a Hazardous
Substance in a reportable quantity as defined under applicable Environmental Law.
KMC 21.05 and 21.10 (Legislative format) Page 4 of 25
~~~ (6) "Responsible", when used in regard to environmental 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 li.05.010.
KMC Z 1.05 and 21.10 (Legislative format) Page 5 of 25
Chapter 21.10
LEASING OF AIRPORT RESERVE LANDS
5ections:
Z1.10.005 Applicability of Titte 21.
21.10.O1A Lands available for leasing.
21.10.020 QualiScations of applicants or bidders.
21.10.030 Applications.
2L10.035 Filing fee and deposif.
21.10.040 No right of occupancy; Application expiration.
21.10.050 Processing procedure.
21.10.060 Lease amendment or renewal.
21.10.070 Length of lease term.
21.10.080 Rental rate determination.
21.10.Q90 Reimbursement for city-constructed improvements.
21.10100 Additional rent.
21.10.110 Bidding procedure.
21.10.120 Lease executiou.
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.
2110.180 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 Che 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 future expansion of facilities on the Airport, including
(i) runways, runway safety areas, tasiways, aprons, water lanes, water taxiways, and
other aircraft operational areas;
KMC 21.05 and 21,10 (Legislative format) 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) Notwithstanding (a) of this section,
(1) apron space may be leased, but only for aircraft fueling, loading, unloading, parking
and maneuvering purposes; and
(3) 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.
21.10.020 Qualifications of applicants or bidders.
An applicant or bidder fot a lease is qualified if the applicant or bidder:
(a) Is an individual at least ei~hteen (18) yeazs 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 sha11 represent only
one (1) principal to the exctusion of himsel£ The term "agent" includes real estate brokers and
agents.
21.10.030 Applications.
(a) All applications for lease o£ lands shall 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 2110:035. 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 Ciey Manager shall cause the application Co be staznped with the date
and time of its receipt.
(b) With every applieation, the applicant shall submit
(1) a development plan, showing and stating:
(A) The purpose of the proposed lease;
KMC 21.05 and 21.10 (Legislative format) Page 7 of 25
(B) The use, nature, proposed location on the premises. and estimated cost of
improvements to be constructed;
(C) The rype of construction; ~ ~
(D) I'he anticipated consTruction beginning and compleCion dates; and
(E) Whether the intended use and proposed development conforms with Yhe
(i) zoning ordinance of the City;
(ii) comprehensive plan of the City;
(iii) latest Federal Aviation Administration-approved Airport Layout Plan
for the Airport; and
(iv) the latest Airport Land Use Plan.
[(2) AN EXPLANATION OF HOW THE APPLICANT INTENDS TO FINANCE THE
CONSTRUCTION OF THE PROPOSED IMPROVEMENTS. IF THE APPLICANT
PLANS TO BORROW FUNDS, THE APPLICANT MUST INCLUDE A LETTER
FROM A BANK OR OTHER LENDING INSTITUTION EXPRESSING INTEREST IN
PROVIDING FRvrANCING FOR THE IMPROVEMENTS;
(3) A BLSINESS PLAN, IF THE APPLICAI~IT PROPOSES TO OPERATE A
BUSINESS ON THE PROPOSED PREMISES. THE PLAN MUST INCLUDE
(A) A COMPREHENSIVE DESCRIPTION OF THE PROPOSED BUSI~IESS;
(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 APPLICANT'S SOURCE OF OPERATING CAPITAL. IF THE
APPLICANT PLANS TO BORROW FUNDS, INCLUDE A LETTER
FROM A BANK OR OTHER LENDING P.VSTITUTION EXPR7~:~SING
INTEREST IN PROVIDING OPERATING CAPITAL; AND
(E) THE APPLICANT'S ESTIMATE OF THE GROSS RECEIPTS OF THE
BUSINESS DURING ITS FIRST YEAR OF FULL OPERATTON;]
(~ a site plan, if the land the applicant desires to lease is not a piatted lot or tract. The
site plan must show the location and dimensions of the proposed lease site, but need not
be prepazed by an engineer or surveyor; and
(3~ a KPB tax compliance certificate and statement that the applicant is current with any
charges, fees, rents, taYes or other sums due and payabie to the City.
KMC 21.05 and 21.10 (Legislative format) Page 8 of 25
(c) Anytime during the processing of a lease application. the City Manager may request, and the
~ applicant shall supply, any clarification or additional information Chat the City Manager
reasonably determines is necessary for the City to make a tinal decision on the application.
21.10.035 Filing fee and deposit.
(a) When submitting an application for lease of land, Che applicanC shali
(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 Cizy in payment of any costs in the
following amounts:
(A) An appraisal cost recovery deposit of two thousand dollazs ($2,000.00); and
(B) An engineering, surveying and consuiting cost recovery deposit of two
thousand dollars ($2,000.00).
(b) If the City decides to reject the applicant's application and not enter into a lease with the
applicant through no fault of the applicant or failure of the applicant to comply with any
requirement of this chapter, any deposit made under (a)(2) of this Section .035 wi11 be returned to
the applicant.
(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, appraisal, and consulting costs
related to the processing of the applicant's 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 applicanC fails to compty with any requirement of this chapter, causes inordinate delay,
as deCermined by the City Manager, or refuses to sign a lease offered to the applicant, the City
Manager will reject the applicant's application and apply any deposit made by Che applicant
under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in
connection with the applicant's 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
will retum any unused deposit balance to the applicant.
21.10.040 No right of occupancy; Application expiration.
(a) SubmitCing an applicarion for a lease does not give the applicant a right to lease or use the
land requested in the application.
KMC 21.05 and 21.10 (Legislative format) Page 9 of 25
(b) If the City does not reject the application. an application shall expire on the eaziier oPthe
following
(1) twelve (12) months after the date stamped on the application under 2110.030(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
(2) the deadline date established under KMC 21.10.120, including any extension of time
granted thereunder.
21.10.050 Appiication processing procedure.
(a) Initial Application Review by:
(I) Assistant to the City Manager (for application compieteness; conformance with Title
21);
(2) Airport Manager (for conformance with the Airport Layout Plan, FAA regulations,
AIP grant assurances, and airport operations);
(3) City Planner (far 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 recommendation, the Manaeer will:
(1} issue a rejection letter, stating the reasons for rejection; or
(2) refer the application to the Airport 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 recommendation.
(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, stating the reasons for rejection; or
(2) Approve the application or staff alternative, and direct the staff to issue the lease; and
KMC 21.05 and 21.10 (Legislative format) Page 10 of 25
(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 eo approve or reject
the application is contrary to the recommendations of the Commissions.
(e) An applicant whose application is rejected by the City Manager may appeal Yo the City
Council within fifteen (IS) 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 enters into a lease with the first
applicant, the City Manager wiil 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 Ciry Manager to reject an applicaCion 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 Airport Sponsor Grant Assurances to the
Federal Aviation Administration;
(v) the latest Airport Land Use Plan; or
(vi) a regulation of the Federal Aviation Adminisuation appiicable to the Aitport.
(3) the appiicant's proposed development or use of the land wouid 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
applicant's 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 Che City Council in favor of another application for the
same land under paragraph (f j above;
KMC 21.05 and 21.10 (Legislative format) Page I 1 of 25
(8) the City Council decides, under (~ above, to reject all applications and aw~a.ed a lease
of the land by sealed bid; and
(9) the City Manager or the City Council determines that approval of the application is
notin the bestinterest ofthe City.
21.10.060 Lease Amendment or Renewat.
An application submitted by an existing tenant for an amendment, term extension, or renewal of
the tenanrs lease shall be subject to the requirements and procedures of KMC 21.10.010 -
21.10.050. except that
(a) KiVIC 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 TO AN APPLICATION THAT DOES NOT
INCLUDE A PROPOSAL TO ADD, DELETE, OR ALTER A BUSINESS AUTHORIZED
UNDER THE LEASE.]
(b) the appraisal deposit under KMC 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
(~ the deposits under KMC 21.10.035(a)(2)(A) and (B) shail 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 detemrines
the City witl 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 consuuction of
new permanent improvements on the premises during the first 24 months following the
beginning date of the lease or lease extension.
(b) The leneth of term for a lease renewal shall be based on the appraised value of the
permanent improvements on the property as set forth in the table in subsection (dl(1).
(J If the applicant proposes to make [NO INVESTMENT] less than $100.000 in new permanent
improvements on the premises [OR PROPOSES TO INVEST LESS THAN $12,000], the
maximum term of a new lease [OR A RENEWAL OF AN EXPIRING LEASE] shall be five (5)
years.
KMC 21.05 and 21.10 (Legislative format) Paga 12 of 25
(d) If the applicant proposes to invest (~,1?.000] $100,000 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:
Applicant's Investment
(in U.S. Dollars) Maximum
is at Least Term of Years
[12,000] [ 6]
[24,000] [ 7]
[36,000~ [ 8]
[48,000] [ 9]
Less than 100,000 5
[60,000] [10]
[72,OOOJ [ll]
[84,000] [ 12]
[96,000] [13]
[108,000] [14]
[120,000] 100.000 15
[132,000] 112,500 16
[144,000] 125.000 17
[156,000] 137,500 18
[168,000] 150,000 19
[180,000] 162.500 20
[192,000] 175.000 21
[204,000] 18'7,500 22
[216,000] 200.000 23
[228,OOOj 212,500 24
[240,000] 225,500 25
[252,000] 237.500 26
[264,000] 250,000 27
[276,000~ 262.500 28
[288,000] 275,000 29
[300,000] 287,500 30
[312,000] 300,000 31
[324,000] 312.500 32
[336,000] 328,000 33
[348,000] 340,000 34
[360,000}352,500 or more 35
(2) the maacimum term extension for an existing lease shall be one (1) year for each
[$12,000] 12 500 of additional investment, provided that
KMC 2I.05 and 21.10 (Legisiative format) Page 13 of 25
(A) any resulting fraction of a yeaz shall be ronnded up to the nearest one-quarter
('/<) year; and
(B) the total of the remaining lease term and the extension shall not exceed 35
years.
(d) In the lease or lease extension granted to 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 allowed shall not exceed 24 months after the effective date of the lease or
lease extension.
(e) The City Manager wiil include a provision in a lease ar lease extension requiring the lessee to
provide a performance bond, deposit, personal guazantee, or other security if the Manager
determines security is necessary or prudent to ensure Yhe 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 appiicant.
(~ The applicant shall, wifhin 30 days after completion 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
applicant's failure to complete the required improvements, and
(2) take one of the following actions, as applicable,
(A) if the Manager determines that one-third or less of the required investment in
improvements has been completed, initiate cancellation 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
KMC 2195 and 21.10 (Legislative format) Page 14 of 25
undec (b) ox (c) of this seetion that is consistene with the ponion of the
improvements timely completed;
(C) if the Mana~er determines that more than one-third but less than two-thirds of
the required investment in improvements has been completed, apply the best
interests of the City to take the action described in either (A) or (B) of this
subsection.
(i) When used in this section, the foilowing terms shall have the meanings given:
(1) `expiring lease," means a lease with less than one (1) yeaz of term remaining;
(2) "existing lease," means a lease with aT 1easT one (1) year of term remaining;
(3) "permanent improvemen2," a fixed addition or change to land Chat is not temporary or
portable;
(A) "permanent improvement" ineiudes
(i) a building, building addition, retaining wall, storage Cank, earthwork,
fill material, gravel, and pavement; and
(ii) remediation of contamination for which the appiicant is not
responsible;
(B) "permanent improvement" excludes items of ordinary maintenance, such as
glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor
covering replacement, or pavement patching.
21.10.080 Renta- rate determiuation.
(a) Beginning in 2007 and at intervals of approximately five (5) yeazs thereafter, the City
Manager shall retain the services of an independent, qualifced generai 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 contemporazy capitalization rate, in terms of a percentage, typically applied to fair
market value to establish the rental rate for land leased by landlords in the Kenai
Peninsula Borough real estate market.
(b) [Durine the first 12 months] [ff Following Yhe daYe on which the City Manager accepts the
'eterminations made under (a) of this section, the Manager shall establish the rental amounts for
.~ases, as follows:
KMC 21.05 and 21.10 (Legislafive format) Page 15 of 25
(1) for each new (ease granted by the City under this chapter, the rental shall b~ the fair
mazket value of the premises multiplied by the capitalization rate, both as determined
under (a) of this section; and
(2) for each existing lease that becomes subject Co a rent re-evaluation under the
provisions of the lease, the rental shall be the fair mazket value of the premises, as
deterznined under (a) of this section, multiplied by
(A) the capitalization rate determined under (a) of this section, if the lease does
notinclude a fixed capitalization rate; or
(B) the fixed capitalization rate specified in the lease.
(c) AT THE BEGINNING OF THE SECOND, THIRD, FOURTH, AND FIFTH 12 ,'~IONTH
PERIOD FOLLOWING THE DATE ON WHICH THE CITY MANAGER ACCEPTS THE
DETERMINATIONS MADE iJNDER (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 TS 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 ANNtJALLY PROVIDE THE ANCHORAGE CONSUMER
PRICE INDEX, THE CITY MANAGER MAY, WITH THE CONCURRENCE BY
RESOLUTION OF THE CITY COUNCIL, USE A REASONABLY SIMILAR
ALTERNATIVE INDEX TO MAKE THE ADNSTMENTS REQUIRED UNDER
THIS SUBSECTION (C).
(d) DURING EACH OF THE SECOND, THIRD, FOURTH, AND FIFTH 12-MONTH
PERIODS FOLLOWING THE DATB ON WHICH THE CITY NIANAGER 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 SHALL APPLY
THE FAIR MARKET VALUE AS ADJUSTED UNDER (C) OF THIS SECTION.
(c) Under this section, when determining the fair market value of the premises of an existing
lease, an appraiser shall appraise the property
KMC 21.Q5 and 21.10 (Legislative format) Page 16 of 25
(1) in its condition as of the inception ofthe lease;
(2) plus any improvements or amenities subsequently provided by Yhe City; but
(3) excluding any improvements or amenities provided by the City under 21.10.100, if
lessee has reimbursed the City, or entered into an agreement to reimburse the City, for the
cost of Che improvements or amenities.
21.10.090 Reimbursement for city-constructed improvements.
(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City
for the City's cost of
( i) land clearing, gravel fill, utility extensions and other improvements or amenities on or
in direar connection with the premises, constructed by the City prior to the effective date
of the lease; or
(2) land clearin~, gravel fill, utility extensions and other improvements or amenities on or
in direct connection with the premises, which the CiTy agrees to constnzct as a condition
of the lease, subject to City Council approval.
(b) The Lessee shall reimburse the City for the City's cost of constructing the improvements in
ten (10) equal annual payments, plus interest at eight percenC (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 Additional rent.
(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, chazges, 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 ar fee when due; and
(4) sales tases due on payments under a lease.
KMC 21.05 and 21.10 (Legislative format) Page 17 of 25
(b) Any rent, chazge, 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 propercy. r~al ~rr
personal.
(c) The lessee will pay all reasonable actual expenses, costs, and attorney fees the Ciry may
incur, with or without formal action, to enforce, defend, or protect the lease or City's rights under
the lease, including any expense incurred with respect to environmental co~npliance, baukrupfcy
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
noCice from City of any amounts payable under this subsection (c).
(d) A lessee shall pay the City a reasonable fee for any special services or facilities, which the
City is not otherwise obligated under the lease to provide and which the lessee requests from the
City in writing and the City provides.
2110110 Bidding procedure.
With the approval of the City Council, the Ciry Manager may designate a specific lot or lots to
be leased through competitive sealed bid. In a sealed bid offering, the City Manager shali award
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 approval 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 retum
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 wiil
grant an extension not exceeding thirty (30) days for the applicant to execute and return the
(ease. Upon the failure of the applicant to timely execute and return the lease agreement, the
City Manager shall 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
(i) drafted to
(A) provide a reasonable basis for the lessee's use of the premises;
KMC 2 t AS and 21.10 (Legislative format) Page 18 of 25
~ ~ (B) foster the safe, effective, and efficient operation of the Airport;
(C) conform with the appiicable requiremenes of the KMC, including this Title 21,
Alaska statutes, Federal Aviation Administration regulations, and other appiicable
federai law; and
(D) provide for the best interest of the City.
(2) approved as to form by the Ciey Attorney; and
(3) adopted by resolution of the City Council.
(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 interest 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-evaluation of rent.
(a) At intervals of noC less than five (5) yeazs, or at such other time as may be specified in a lease
executed before the effective date of Che 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 Cierk
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 mazket rent; and
(4) if the lessee intends to present an appraisal in support of the appeal, the date by which
the appraisal report will be made available for the Ciry Council to consider, not to exceed
KMC 21.OS and 21. t 0(Legislative format) Page 19 of 25
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 will void tlte appeaL
(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 Ciry 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.
(e) For the purpose of this section 21.15.015, "mazket rent" means the fair market value of a
lease premises multiplied by the appropriate capitalization rate as provided under 21.10.080.
21.10150 Assignments and subleases.
(a) A lessee may not, by grant or implication, 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 o£ 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 secCion.
(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 construed as the City's
consent to any assignment, security assignment, or sublease.
(d) An assignment of a lease must inciude 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 fails to perform.
KMC 21.05 and 21.10 (Legislative format) Page 20 of 25
~e) An assignee or sublessee may not occupy the premises before the City Manager consents to
the assignment or sublease in writing.
( fl In the event of a conflict between the lease and an assignment, security assignment, or
sublease, the terms of the lease will control.
(g) The City Manager's consent to any sublease does not relieve or otherwise alter the lessee's
obligations under the lease.
(h) No security assignment, includ'ang any related document, may encumber the City's
underiying title to the land. A security assi~nment 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 shall not consent to a
security assignment that obligates the City to grant a new lease to the holder of the security
assignment after the City has terminated the original lease.
(i) Regardless of any term staeed in a sublease, the term of a sublease wili end at the expiration or
eazlier termination of the lease, unless the City extends or renews the lease term, or reinstates the
lease after cancellation. A subiessee desiring to remain on the premises after the cancellation,
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 will consider
(1) the best interests 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 compatibiliYy of the proposed use of the premises by an assignee or sublessee with
the uses authorized in Yhe lease; and
(4) any recommendations resulting from a review of the assignment, security assignment,
or sublease documents by the City Attomey.
(k) The City Manager shall not unreasonably withhold consent to an assignment, security
assignment, or sublease.
(I) 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 Council by submitting a written appeal to the City Clerk within
thirty (30) days following the date of the Manager's written denial.
KMC 21.05 and 21.10 (LegislaTive format) Page 21 of 25
(m) For the purposes of this section_ "security assi~nment" means an assignment for security,
eed of trust,
collateral to m~rt~age, or other document that grants to a creditor an interest in a lease as
assure payment or performance of a debt, toan, or other obligation of the lessee.
21.10160 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 material,
beginning any land development, or constructing or demolishing any improvements on the
leased premises, and before beginning any alterations, modifications, 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
(1) detailed drawings of Yhe proposed development, alteration, modificarion, 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 standazds;
(3) evidence of the lessee's compliance with Federal Aviation Administration regulation
14 CFR Part 77, if applicable Yo the proposed development, alteration, modification, or
renovation; and
(4) any other information the Cicy Mana~er 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 Council by submitting a written appeal to the
City Clerk within thirty (30} days following 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 following 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
.OS and 21.10 (Legislative format)
Page 22 of 2S
' than $1,000,000 combined single Iimit. 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 fuei handling
activities. The policy must name the City as an additional insured.
(2) Commercial Automobile Coveraee with not less than $1,OOQ000 combined single
limit 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 23.30.045, and, where applicable, any other statutory obligations. The policy
must waive subrogation against the City.
(4) Products and Completed Operations Liabilitv Insurance. If the lease authorizes the
(essee to engage in the sale or the commercial dispensing or storage of aviation fuel, the
lessee shall provide Products and Completed 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, with the counsel of the City Attorney, waive or reduce the insurance
;•equirements under (b) of tlus 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 premiums have been paid,
showing the types and monetary timits 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 shall include 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 determinaUOn to revise the insurance
requirements will be made by the City Manager with the counsel of the City Attorney and sha11
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
adequately protected, the self-insurance program is otherwise allowed by law and approval of
such a self-insurance program is in the best interest of the City.
KMC 21.05 and 21.10 (Legislative format) Page 23 of 25
21.10.180 Lease termination.
(a) Any of the foilowing shall be grounds for the City ManaQer to cancel a lease and recover
possession of the premises upon 30 days` written notice to the lessee, uniess the violation is
cured within the 30 days:
(1) The lessee fails to pay when due the rents, additional rents, charges, or other sums
specified in the lease;
(2) The lessee's check for payment of any sum due under the lease is returned for
insu~cient funds; or if the lessee's credit or debit cazd 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;
(5) The lessee uses the premises for an illegal purpose or otherwise materially violates an
applicable law;
(6) A court enters ajudgment of insolvency against the lessee;
(7) A trustee or receiver is appointed for the lessee's assets in a proceeding brought by or
against the lessee, or the lessee files a voluntary petition in bankruptcy; or
(8) Failure by the lessee to timely complete any land development or permanent
improvement construcCion required by the lease.
(b) The lessee will continue to pay the City rent after the expiration, Cermination, or cancellation
of this lease and to abide by the lease obligations, including providing proof of insurance
coverage, through the date lessee relinquishes possession of and completely vacates the
premises. The premises will 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.
KMC 21.05 and 2110 (Legislative format) Page 24 of 25
21.10.190 Damage to lessee improvements.
(a) Except as provided under (b) oFthis 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) If a lessee's improvements are damaged to the extent that more than ~0% of the space is
unusable and the damage occurs within five (5) years of the expiration of the term of the lease,
the lessee may remove the damaged improvements, restore the premises and terminate this lease.
21.10.200 Disposition of improvements upon termination.
Upon the expiration of the term of a lease or any earlier termination,
`a) title to the buildings, other improvements, and building equipment shall automatically vest in
~ity 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 char~e, ta~c, 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 buildin~ equipment that the City Manager determines in writing to the lessee
has exceeded its useful life;
is damaged beyond reasonable repair;
is a hindrance to the future use of the premises; or
is of negligible value; and
(b) the lessee shall provide the City Manager with a Phase One environmental assessment of the
premises from a quaiified consultant approved by the City Manager.
21.10.205 Effective date
The requirements of this chapter shall apply to lease applications, extension or renewals after the
effective date of Ordinance No. -2006.
KMC 21.05 and 21.10 (Legislative format) Page 25 of 25
1
~ •
w
~~Se~,,vi,~~i~G~-i'7CP.~u.i~ ~e+ni.+~~~.la%'
305 N. VYILLOW ST. SUtTE 2W tt~NNN, AL.ASFCA 99691
T~.E.EPFiONE 907-2837951
FAX 907-283-373~
To: Airport Commission
From: Rebecca Cronkhite - Airport Manager
Date: April 6, 2006
Subject: Recommended Changes to Airport Regulations
The attached Airport Regulatio~s reflect changes discussed at the March Commission
meeting. I received no written comments from the Commission; therefore, the attached
document will be fonvarded 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 CounciPs final review packet.
~
www.ci.kenai.ak.us.
Municipal Airpart
Kenai Municipal Aieport ReguBations
(
~
Recommended Changes
December 2005
Cansultant Notes: In this document, recommended regulation changes are shown in
MS Word Track Changes format, with additions underlined (underlined) and detetions
crossed out (sressed-ea~).
When the need for a recommended regulation change isn't readily apparent from the
text or context, a brief explanation is included in (Italics) following the proposed
amendment.
Except as explained in the following paragraph, all references to the Kenai Municipal
Code (KMC) and City Ordinances refer to the existing KMC and ordinances.
if the City adopts our recommendation for consolidating ail airport-related KMC
provisions into a single chapter, all of the code references in the airport regulations will
have to be amended accordingiy. Some of the following regulation changes are based
on new additions to the KMC we are also recommending. The final citations for these
recommended KMC additions are unknown at this time. So, whenever it is necessary in
these regulation changes to include a reference a recommended new KMC provision,
the citation is indicated as "KMC 00.00".
In many places throughout the existing regulations, City ordinances are referred to as
the "City of Kenai Code of Ordinances". In other provisions of the regulations "Kenai
Municipal Code" or "KMC" is used. Within the ordinances, themselves, the body of
ordinance law is referred to as the "Kenai Municipal Code". If the latter is the correct
citation, then the former should be corrected throughout these regulations.
Stephen L. Pavish
Northern Horizon Co.
**Y[<Ye**feA**rt4~FkYe***'k*4fF4 W #kl4i*'kR*fYYf4%"kY[#1ef R***k***
Chapter 1.05
AUTHORI7'Y
Section:
1.05.010 Authority
1.05.010 Authority.
(a) Under the authority granted in Alaska Statutes, and pursuant to the provisions of
Ordinance 48, Section 4, and KMC 21.05.030 of the Code of Ordinances of the City of
Kenai, the foliowing regulations are hereby promulgated governing the conduct of all
persons visiting or using the facilities of the Kenai Municipal Airport and ail vehicles,
structures, property and aircraft on the Airport Reservepre+r+ises. 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 also govern the conduct of all persons flying within a five mile
radius of the Keaa+-Airport unless exceptions are specifically provided in the Federal
Aviation Agency Regulations, or unless the Airport Manager authorizes exceptions not
in conflict with the Federal Regulations, .
(Res. 91-20)
Chapter 2.05
DEFINiTIONS
5ection:
2A5.010 Definitions.
2.05.Q10 Definitions.
Whenever used in the regulations of the Kenai Municipal Airport, the following terms
shall have the meanings given below, uniess the context requires otherwise: (A qualifier
like this is needed because a defined term may occasionally be used in a generic
sense. For exampie, "airport" in the NOTAM definition is a generic reference. It doesn't
mean Kenai Municipat Airport.)
(a) "Air Carrier'
~~RC>>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 all the runways, taxiways,
aprons, water lanes, water taxiways, and all City-owned real estaYe located within the
boundaries of the Airport Reserve. (Using fhe unmodified word "AirporY'throughout the
regulations simplifres phrasing and efiminates the multiplicity of terms used in fhe
2
existing regulations when referring to the airport, such as Kenai Municipal Airport, Kenai
Airport, Kenai Field, Airport, eta).) (
(d~) "Airport Manager" refers to the official to whom the City Manager of the City e#
Ke+~a+-has delegated the authority and responsibility of managing and directing the
activities of the-AAa~is+~a4 Airport,
."Airport Manager" includes that person s authorized
representative. (The accountability phrase adds nothing to the definition. The relafive
level of accountability between a given airport manager to a given City Manager doesn'f
help the public identify who is in charge of the airport. And, common sense provides
thaf a person to whom authority is delegated owes accounfability to the person who
gave the delegation, unless fhe de%gation document says otherwise. !f there was any
doubt about that, 3.05.010(a) eliminates it by making it clear thaf Airport Manager
decisions are subject to appeal fo the Cify Manager.)
(e) "Airport Reserve" refers to the Kenai Municipai Airport Reserve as defined in KMC
OO.OQ.
(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~i~a~Airport by
virtue of a contract or lease with the City~a+. (Note: this definition would exclude a
transient commercial air carrier because they would not have a"contract or lease with
the City". In the single regulation where this term 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 comments in my note to 4.05.010(b).)
(g~) "City" shall mean the City of Kenai, Alaska.
(he) "City Manager" refers to the official to whom the Kenai City Council has delegated
the responsibility of managing and directing all activities of the City~a+.
(i) "CMGTW" means the certificated maximum gross takeoff weight of an aircraft as
established by the Federai Aviation Administration.
(j~ "Airport Employee" refers to any person employed by the City-e#-~4eaa+ and acting
under the supervision and direction of the Airport Manager. (Whenever "employee" is
used in the existing regulations wifh the meaning expressed in this definition, it is
always preceded by `AirporP'. The only time "employee" is used alone it does not refer
to a City employee working at the airport. So, it seems much less confusing to make
this special definition apply only to "Airport Employee".)
(k~) "Field Area" is that area within the Airport Reserve
AA~+sipaa-Ai~er~ that the Airport Manager designates~ for, or restricts to, use by aircraft
only, ' , ,
3
(I#) "Fire Department" refers to a~-er~~leyee-e~the City of Kenai Fire Department-eF
(Nowhere in the regulations is "fire departmenY' used to mean an employee or
rep~esenfative. /t is only used in its agency sense.)
(m +) "Fuel Tender" refers to any motor vehicle, trailer, or other mobile contrivance used
for the transporting, handling or dispensing of gasoiine, kerosene, oii or other fuel or
lubricant.
(n}) "Heavy Aircraft" . Aircraft
capable of takeoff weights of more than 255,000 pounds whether or not they are
operating at this weight during a particular phase of fiight.
o`Large Aircraft" Aircraft of more than 41.000 pounds, maximum certificated 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.
(o!~) "Light Aircraft" refers to any airoraft weighing less than 12,500 pounds.
~~ ~~
.(The term, "mobile equipmenf", does not appear in
the existing regu(ations.}
(pa~) ""Motor Vehicle"" refers to any self-propelled contrivanceae#~isle, other than anaeE
iasladiag aircraft, upon or by which a person or property may be transported or
drawn . ("Contrivance" more specifically
refers to something mechanical than does "device".)
(qa) ""Movement Area'-"' refers to the runways, taxiways and other areas of the Airportaa
a+Fpe+~ which are designated by the Airport Managert~il+aed for the taxiing, takeoff and
landing of aircraft, exclusive of loading ramps and parking areas.
~~,~ ~~„ •
*"° r;fi, ^f ~°^^ ^^~' ; "^ °^~*°• ~°~°~~°~ •^ ^° +"° ~'~^^~ (This definition seems
unnecessary, given the definition of "Airport" above and the fact that the City operates
only one airport.)
(r~) ""NOTAM'-"' signifies an abbreviation for ""Notice to Airmen,'°' published and
distributed
4
to pilots and others concerned with aeronautical operations calling attention to special
airport or flying restrictions or conditions.
(sq) ""Person'-'° refers to any individual, firm, partnership, corporation, company, ~
association, joint stock association or body politic and inciudes any trustee, receiver or
assigned representative thereof who wili be responsible to adhere to any restrictions,
limitations or rights covered within these regulations.
(tf) ""Police Officer"" refers to an aay-employee or authorized agent of the City of Kenai
Police Department having law enforcement authority
~ .("Police is used in only two places in fhe existing
regulations. ln both ptaces, 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 '
~}sipal Airport in which access by members of the general public is nof prohibited,
inciudingdeveted-Es roadways, walkways, designated parking or service areas of airport
structures, including both municipal and lessee buildings, and E#~a~areas occupied and
used by airport concessions for serving the public. (Ord. 316) (The need for this
deiinition isn't immediately apparent to me because the defined phrase isn't used
anywhere in the regulations. lf there is some other legal need to include a`Public A~ea"
definition here, I recommend the wording be cfarified as indicated. Othenvise, 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 RESPONSIBILITY
Sections:
3.05.010 Airport Manager Authority and Responsibility I
3.05.020 Appeal of an Airport Manager Decision or Order
3.05.010 Airport Manager authoriiy and responsibility.
~a~ ~ ~ The Airport Manager-er~is
"~"'°"''°'' '"r '*' is authorized by the City to enforce compliance with Airport
regulations,
. Ail persons on ar~ar#-e#~qe
the Airport shail be governed by the regulations of the Airport
^•°°^^~a "~~ and by ail b~-orders and instructions ' issued by the
Airport Manager under the authoriiy of the regulations. A person who disputes the
e~forcement of an Airport Manager order or instruction may appeal to the City Manager.
(In light of the revised "Airport Manager" definition, the last hatf of the first sentence rs
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 delete some
archaic legal language and make Airport Manager decisions under (a) subject to appeal
just like those under (b), below. l 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 shail be finai, subject to appeal to the City Manager.
(c) In addition to the Airport Manager, members of the City Police and Fire
Departments, are authorized, within the scope of their respective
jurisdictions, to require compliance with these regulations. No authority is either hereby
expressed or impiied, 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
Manager's enforcement authority is a/ready clearly granted in (a) &(b). The amended
wording is perhaps what was infended. I added fhe "scope" limifation because the City
shouldn't give a fireman or patro! otficer all of the same authority the Airport Manager
has to enforce every regulation, such as issuing NOTAM's, authonzing people to access
resficted areas, etc. This kind of blanket delegation of enforcement authority to non-
airport agencies exposes the City to significant liabilities in an aircraff disaster situation.
It's not hard to imagine the financial impact on the City if the Airport Manager, the
police, and fire personnel gave conflicting orders in a crash situation. Or, the impact of
a person being injured as a result of an order given by a police o~cer or fireman that is
later demonstrated to be improper under FAA regulations or airport industry best
practices. I'm not even sure the "scope" addition complefely solves the problem. It
would be best to spell out the specific sections of the regulations that the Police and
Fire Department personnel can enforce.)
(On the other hand, if the intent of the existing sentence was to grant police and fire
enforcement powers to the Airport Manager, it was extremely ambiguous and needs to
be completely rewritten.)
(d) The Airport Manager may remove or eject from the Airport pre+~t+ses-any person who
violates any requirement of these Airport regulations-se~#e##~-ia
#~iis-des~r~ea~ or any order or instructions issued by the Airport Manager under the
authority of these regulations, and I~e may deny use of the Airport and its facilities to
any such person if the Airport Manager#ae determines that thest~s~ removai, ejectment,
or denial is necessary to maintain the safety or security of the airport~e
sissaa~s#aflses. (The use of "knowingly and willfully" puts a heavy burden of proof on
6
the Arrport Manager. A drunk wandering around on a taxiway may not be there
"willingly or knowingly", buf the Manager should still immediately remove him from the
airport. 1 think it would be better to drop the "willingly and knowingly" and authonze 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 Airport 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 appeal 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
shall be in writing and give the reasons for the City Manager's approval or denial of the
appeal.
(lf appeals of Airport manager decisions / orders are allowed, iYs important that both the
appeal and the City Manager's decision on the appeal be in writing. /Ps also important
that City maintain a file of afl correspondence regarding appeals. Keeprng everything in
writing establishes a record with which the City can respond in the event an arrport user
protests the City's actions to the FAA or initiafes lifigation in court. The 30-day time limit
in (a) p~events appeals from being filed monfhs after the fact. A 30-day limitation on
appeals is used in fhe state's airport regulafions (97 AAC 45.910) and is fairly common
among the rules of other airport operators.)
Chapter 4.05
AERONAUTICAL ACTIVITIES
Sections:
4.05.010 Aeronautical Activities.
4.05.020 Airport Manager's authority over aeronautical activity
4.05.010 Aeronautical activities.
(a) A person who engages in any Aaeronautical activityies ona~ the Airport; ora~
operates an~F#~ge# aircraft departing from or arriving in the airspace above the
Airport shail comply with
Federal Aviation Agency Regulations and orders issued by that agency's##~e Regional
Director or Facilities Chief at the Kenai Airport .(/
don'f suppose it hurts anything to keep it, but this entire provision seems superfluous.
7
Alt aeronautical activities that are subject to FAA oversight and regulation are, indeed,
subject to FAA oversight and regulation, regardless of where those activifies take place
and regardless of whether or not an airport operators regulations say so. But, if the
City has some reason for wanting to retain fhis provision, 1 recommend it be edited as
shown.)
(The phrase "not in conflict with said regulations" requires every airport user to do a
legat analysis of fhe order vs. the regulafions. As written, a person who complied with
an FAA order would be guilfy of violating this regulafion, if the order was subsequently
found to be invalid! An airport user's compliance should nof be based on their personal
oprnion of whether or not the FAA official'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 subjecf to the order occur.)
(b) In the event that any person exhibits ansqall-sl~ev~ 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#a44-attempts to board or operate
an aircraft illegally, it shall be the duty of the Airport Manager, Airport empioyees and
Aviation Operators to restrain in any manner necessary such person from performing
such activities.
(It seems to me that making rt a"duty' for an Aviation Operator or any other individual
who is not a City employee to `Yestrain in any manner necessary" exposes both the City
' and the Aviafion Operator to significant liability. If the Aviation Operator fails to
sufficiently restrain the person and damage or injury occurs, the Operator could be
found liable (for failing to exercise his duty under these regulafions). On fhe other hand,
if the Qperator uses excessive force to fulfill his duty to restrain, the City could be liable
for giving the Operator authority to restrain "in any manner necessary". Beyond all that,
given the broad definition of °Aviation Operato~'; a mechanic called in to work on an
engine and the driver of a fruck delivering fuel to the aircraft have the identical duty to
resfrain as the arrcraft operator's flight crew and ground agents.)
(The generaf idea of preventing illegaf or irresponsible behavior sounds good, But 1 don't
believe rt can be accomplished by giving an Aviafion Operator the same duty (and,
therefore, the same authority) as a City o~cial or employee. Not knowing the full scope
of liabilify law that might apply here, / 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-eae~y
' , ' shall
.
+....,~...e~~;~.. +~ promptly report the violationsaska-ac~ to the Airport Manager
.(It its existing {orm, this provision is very pooriy
wri(ten. I assume fhe City would like anvone who witnesses a violation to report if.)
8
(d)
. (Since this ~
provision retates only to the dissemination of information and not to the issurng of
orders, if serves no real purpose. The Airport Manager doesn't need the authorrty of a
regulation to merely share information with airport users.)
(e) If~^ ~"~,-~,~R the Airport Manager believes the conditions of the Airport or any
portion of the Airport is~e-~e unsafe for aircraft operationsla~td+aQ-eFtalFe-e##, the Airport
Manager+~ shall 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+l~l issue aaae~eF NOTAM
reopening the Airport or portion of the Airport to aircraft operationsis~at e#est.
(~ AAN disabled aircraft and any parts thereof on a movement area the Airport
shafl be promptly removed from the moveme~,+i areaA+r~er~ by the
owners of the aircraft unless appiicable law requires, or the Airport Manager or other
person having jurisdiction orders, thes~sk~ removal ' to be delayed
pending investigation of an accident.
,~
~ e
as
;
-
;,
, « »
, ..
,~
~.
~~ u.n ,
L {~:.. }:...... dM..t ~~.Y~ '~t~' .
t_ __ ua.._~__ ~._
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(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
aircraft. (From DOT&PF regs, 17 AAC 45.030(d).)
`i) No person shali abandon an aircraft anywnere 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 removal by the City under 6.Q5.065 at the
expense and risk of the owner of the aircraft.
(k) A person may not conduct an aircraft 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 aeronautical 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
Ianes, helipads, taxiways, taxi lanes. aprons, and aircraft parking areas. When the
Airpart Manager determines it is necessary for safe and secure operation or the Airport,
the Airport Manager may by control device or order regulate, controi, and direct the
availability of a runway, water lane, helipad, taxiway, taxi lane, apron, and aircraft
parking area on the Airport. The Airport Manager shall limit the use, time, type, weight,
dimensions, and number of aircraft ailowed to use an aircraft parking area when the
manager determines that the limitation is justified by the design, safety, maintenance, or
' 7peration of the parking area or the Airport. The Airport Manager may segregate
aircraft operations on the Airport according to aircraft use, size, type, or weight. The
manager shall 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 regu0ations.
(a) No person shall operate aaajF motor vehicle on the Airport in any manner
otheret#~eaw+se than in accordance with the Airport regulations, rules prescribed by the
10
Airport Manager, and other a{~plisabl~laws applicable 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
permissione#ise.
(c) AAIe person thatskaal~-eyer~#e operates any kind of motorized equipment ~ad
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 17 AAC 45.080(g))
(d) No person shali operate a motor vehicle in aa~yr hangar
on the Airport without an exhaust system~~`~a protected by a screen:a:~a~, -sF
baffle-ba#les, or other device to prevent the escape of sparks or the propagation of
flames. (Is this requirement obsolefe? Something not already covered by the local ~re
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 fhe absence of a
posted sign, the speed limit ~^^~~-' ~'~sshall be
, fifteen (15) miles per hour in all apron,
ramp, aircraft parking, and hangar areas, and iwenty-five (25) miles per hour in ail other
portions of the fieid area , , .
(~ Except in the case of an emergency, noNa person shall operate a motor vehicle in
the field area contrary to the directions of posted signs,
(The difference between "emergency" and "extreme emergency' is too subjective and
subject to debate.)
(g) No person under the influence of intoxicating liquor, depressant, hallucinogenic,
stimulant or narcotic drug~ags, shall operate a motor vehicle on the Airport roads or
field area.
(h) The driver of any vehicle operated in the field area must at ell times comply with the
lawful orderser~eF, signals, andeg directives of the Airport Manager, afl-a~##e~
,' a Police seqa#+~eatofficer, andef FAA Control Tower
personnel.
(i) During daylight hours, all vehicies, , authorized to
operate on the field areaF~eld without a two-way radio, shail 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. Befween the hours of
sunset and sunrise, such vehicles shall display an overhead flashing red light, 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 ente~ the field area?)
Q) Emergency conditions existing on the field area will not suspend or cancel any
existing regulations. During an emergency in the field areasas~i-es~c~+~ie~ts, no motor
vehicle operator shall +" '~....~. ,.f _h:_i_ _h.._I.! .n~Le nohoin +6~f 6c dncc nn4
.. . `-.~ . .. .
move his vehicle in any direction unless specifically authorized to do so byslear°,~-~
the FAA Control Tower. (What happens if the emergency occurs when the tower is
closed?) (The firsf sentence seems to have wider application than jusf motor vehicle
operations. If the City means it to have that broad application, it seems like it should be
moved to 1.05.010. If it is intended only to apply to vehicle operations, the sentence
should be reworded to clearly apply only to the motor vehicle regs.)
(k) All motor vehicles shall be equipped with, and use headlamps-qead-laa~s, rear
lamps, stop signal lamps, and other lights as required in the City of Kenai Traffic Code.
(i) No person on the Airport shall
(1) clean vehicles, engines, tools, or other equipmente~s-, by use of
flammable~able material;; (Really?! No degreaser? No carburetorcleanet? !s
this actually enforced? Seems like it would be virtually impossible to enforce with 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~'°°'^^°~'°~~~, except for#k~ese
minor repairs necessary to remove such vehicle from the fie(d areaA+r~e+~;; o~
(3) move, interfere with, or tamper with any motor vehicle
part, instrument, or tool thereof, without the permission of the vehicle owner, or a work
order or other written authorizationr-igl~ signed by the
vehicie owner satisfactory andt~~e-se-da4y Presented to the Airport Manager.
(m) (Repealed, Ord. 879)
(n~-No vehicle or person will be allowed to operate on the runways, taxiways, controlled
ramps, or infieids without a functioning radio or other means of communication with ATC
authorized by the Airport Manager and authorization from ATC.. P~y-vek~isle-~wi~#e~
.(This is kind of a puzzle. How does
the tower "clear" a vehicle that doesn" have a radio? It also infers that a vehicle with a
radio wouldn'f need clearance. Really?)
(o) No vehicle shail 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.
, e,, +„ o.,: ,.e ..;.,....~+ ,.. ., s,,,,r..,, f.,..,,;+., t~ don't know about Kenai's fire code, but l
12
don't believe "positively grounded" works anymore. If the truck is grounded and the
aircraft is not, fhe grounding just makes the truck and fuel hose better static spark
conductors. Also, the subject of fuel tanker/ aircraft bonding is better placed in Chapfer
11.05 with the other fuel requirements. I put an altematively worded electrical 6onding
provision in 11.05.)
Chapter 6.05
Aircraft and Vehicle Parking
Sections:
6.05.010 Motor vehicle pa~king.
6.05.020 Short-term parking area.
6.05.030 Limited long-term parking.
6.05.040 Reserved parking.
6.05.050 Motor vehicle limpound ~~.
6.05.060 ~ong-term Aaircraft parking.
6.05.065 Aircraft impound.
6.05.070 Transient aircraft parking.
6.05.080 Airceaft parking on leaseholds.
6.05.090 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.
~-
(b) No person shall park a motor vehicle on the ramp without permission of the Airport
IR/lanager. . ("ramp" needs
clarification or different termino%gy should be used. ts this a reference to fhe terminal
entrance curb area, the terminal aircraft parking apron, or what?)
(c) No person shall park a vehicle on Airport Drive, Terminal Loop, except-~qe-e+~
e~ept+ea-te-~#is-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+~4y-area on the terminal building side of Terminal ~oopt~ie
les~ is restricted to use by motor vehicles temporarily parkedsiepped solely for the
purpose of-te actively loading or unloading airline passengers and baggage. Ra#i~ef
(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 5/18/05)
(!f the KMC, which is supenor to the regulations, provides for penalties and authorizes
the Airport Manager and certain other airport employees to issue citations, rt seems
unnecessary to resfate all that here in (e).) Disagree, it doesnt hurt to restate and
airport operators are given copies of the regs but not all o{ the City Code. Becky
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
short-term parking area ~t+s-area shali comply with the Airport regutations and the
conditions, fees, and time Iimits a~-~"° !;^:~~ ~'~`.°~^::^~~' posted by the AirportS+t~
Manager. .
. , ~
. The fees
.harged for use of short-term parki~g shall be those specified in Chapter 13.05. Faiiure
to pay the required fee shalt be a violation subject to the penalties provided in KMC
13.05.010 and 13.10.015. (Since the short-term / pay parking program is already in
place, the sentence requiring the City Manager's concurrence to establish the fee
system in now superfluous. Setting the trme limits for parking lot use should be an
Airport Manager duty in the regs. Since the Airport Manager works under the City
Manager, everything the former does is subject to the latter's concurrence rn one way or
another. But, to avoid conflict and confusion over the enforceability of the parking fees
and rules, the regulations should identify a single official (in this case, the Airport
Manager) as the authority.) Disagree, the City Manager is allowed to set fees in the
Fode and we may change the fees. 1 think it should stay. Becky
(Ord. 461, Res. 91-20, Amendment by City Manager 5/18/05}
6.05.030 Limited long-term parking.
The Airport Manager shali designate an area or areas on the Airport for long-term motor
vehicle parking. A person who parks a motor vehicle ino^•~'^^ ~° ^°~^,;*°^' ^^'„ •^ a
long-term parking##aese 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 annual long-term
parking permit from the Airport Manager. The fees charged for use of long-term parking
14
shail be those specified in Chapter 13.05
......... ........ .y .. ...... ....,.... ... .,........,....., .., ....... ..., ........... .._.... _. _ ~.,...,..... .,~ ....
, ,
~.,°'°^~ ~^ +~°'^^^ *°~^~ „°";^'° ^^~'-•^^ ^~°^°. Failure to pay the required fee shall 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. 1 deleted the 30-day parking limit
because 1 understand the airport issues 1-year permrts for long-term parking.)
6.05.040 Reserved parking.
The Airport Manager may designate ~reserved parking areas
, in a lease or permit.
desaraeat-ar~ When clearly posted by appropriate signs, reserved parking areas areaad
closed toaet~vailable-fsr motor vehicle parking by the general pubi;c-par~iag. A
~ek~f~les-ss vehicle parked in a reserved area without the authorization of the lease or
permit holder may be s~jest-~s impounded by the lease or permit holder acting in his
own behaif. (Ord. 461)
6.05.050 Motor Vehicle Bmpound-pFSSedur$.
A motor vehicte parked in violation of Chapter 6.05 shall be subject to impound, at the
vehicie owner's expense and risk, under KMC
12.25. (Ord. 879)
6.05.060 ~ong-term .4aircraft paeking.
(a}-No person shall park an aircraft, for the purpose of remaining indefinitely, in any area
efaof 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
airoraft; or
(b) in an area designated~laat-pressFi~ed 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 enctosed in quotation
15
marks as it is. In any event, specific parking locations should not be designated in
regutations because the regulation amendment process is too slow and inflexible to
accommodafe the need for occasional / seasonal changes in parkrng area
designations.)
6.05.065 Aircraft impound.
(ab) An 1~aircraft parked in violation of Airport regulatio~s~zst~~~:8a9&8 may be
impounded at the discretion of the Airport Manager by. 'm^^~ ~^~'m°^+ ^~°„ "°
asse~4+sqed-l~y
(1) affixing a seal or tag to the door of the aircraft;
(2) affixing a focking device on the propeller of the aircraft; or
(3} tk~moving e~the aircraft to an impound location determined by the Airport
Manage .
(b) AII aspects of the impound process, inciuding any damage to the impounded aircraft
and any ~inconvenience to the aircraft owner, shall be at the sole cost and s~age
risk of the aircraft owner.
(c) The Airport Manager shall not reiease 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 a~d administrative costs.
(d) AnPd4 impounded aircraft tha~e 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 sa(e by the City at pubiic auction. Notice of any
auction shall be published. in a newspaper of general circulation in
the City~~at-afea~ef 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 aiecraft parking.
16
(a) The operator af a transient aircraft shail park the aircraft oniy in an area on the
Airport designated by the Rirport Manager for that purpose and for the size, type, or
weight of the aircraft.
(b) Unless the Airport Manager gives permission otherwise, no person shail park an
aircraft for more than ten (10) days i~ an area designated for transient aircraft parking.
(c} A person parking an 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 sha~l properly secure their aircraft and shali
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 transient parking area fails to pay
transient parking fees prior to departure from the Airport. the person's aircraft shaii be
subject to impound under Section 6.05.065 immediately upon any future return to
Airport. (Ord. 365, Res. 91-20)
"s-9#ise--Eipsa
af~+va1-(9r~-~36~} (This rs already covered rn Chapter 7.05.)
{9r~-~6~} (Parking location details should 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 fime
limit was changed to 10 days per my 12/29/05 tetephone conversation with Rebecca
Cronkhite. Fees were moved to Chapter 13.05.)
6.05.080 Aircraft parking on leaseholds.
No R~I-aircraft on the premises of a land lease on the Airport shall be parked in a
manner that results in
a
wing, tail, nose, or other portion of the aircraft extending outside thes~er-sask}
boundaries of the premises. (Ord. 316)
17
Seems there should also be something about derelict aircraft and leakina fluids. Becky
0.05.09~ Seasonai ramp use permit.
(a) A person desiring to have seasonal exclusive use of a portion of an apron or ramp
for aircraft 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 wili be using on the site;
(2} the amount of cargo and equipment the person will be staging on the site;
(3) the nature of the cargo being handied:
(4) the use of the Airport by other aircraft operators;
(5) the length of time the person plans to use the site; and
(6) the maintenance, operation, safety, and security of the Airport.
(c) A person to whom the Airport Manager issues a seasonai ramp use permit shail
(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 catendar months.
(e) The Airport Manager may
(1) cancei 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
regulations; and
(2) require the permittee to relocate their operations to another operationaily
similar location on the Airport when the Airport Manager reasonabiy determines the
relocation is necessary for the maintenance, operation, safety or security of the Airport.
18
(1 added fhis secfion to cover the permifs the Airport Manager issues for fish haul and
simifa~ seasonal uses of the ramp. That program has been in practice for many years,
but is not specifically addressed in the existing regulations.) (
Chapter 7.05
AIRCRAFT REGISTRATION
Sectians:
7.05.010 Aircraft registration
7.05.020 Failure to register T-~a+~sie~aircraft-faikw~e-~a-FegisteF.
7.05.030 Removal of aircraft feom airport paeking.
7.05.040 Registration of commercial aircrafteperatefs.
(l clarified, 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 i~definitely, and does not park the aircraft on the premises of a land IeaseNeaF
shall, as soon as
possibte, but not later than 48 hours after arrival at the Airport, register the+~ aircraft with
the Airport Manager and obtain a parking Iocation assignmenf
7.05.020 Faifure to register ~+~sie~~-aircraft F°:'...^ «^ r^^'°~°~
The owner or operator of an ~fa~sie~E aircraft
who faiis to register the+~ aircraft as required under
05.010 and 7.05.
shail be subject to having the aircraft
impoundedi~e~a~ 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 Removal of aircraft from aieport parking.
A person who has parked an aircraft ' in a City-operated parking I
area on the Ai~port must give the Airport Manager notice prior to permanentiy vacating
the space. A person who vacates their assigned space without giving notice€ai! to +~et~
19
the Airport Manager shail
pontinue to be responsipie for payment of the applicable parking fee-w+ll-b~ just
as if the person had not vacaied the space.~;~-..~ ~~."'-~'°. The fees, plus
interest, shall accumulate until 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 aircrafteperate~s.
An air carrier or other A11-commercial operators of aircraft operating from the Keaa+
AAaaisipal-Airport shall register each aircraft with the Airport Manager prior to
commencing operations at the Airport. The~ registration
(a) must be in writing;
(b) may be submitted in person or by mail; and
(c) must provides~ewr~#e
(1) the make, modei, registration numbec and certificated maximum gross
a+~sra#~take-off weight of the aircraft;-aler~g-witkt
(2) t#~e-name and mailing address of the registered owner-aad-~i+slqeF
ser~est-a~ess-; and
(3) such other information as the Airport Manager may reasonably require.
Chapter 8.05
A~I~~ACCIDENTS
Sections:
8.05.010 Aircraft Aaccidents.
8.05.020 Motor vehicie accidents.
8.05.030 Bodily injuey and property damage.
8.05.090 Special definitions.
(1 expanded this chapfer 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 airoraft accident or incident on the
Airport shali report the accident or incident to the Airport Manager and the Federal
Aviatio~ 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 possibie thereafter, if
the accident or incident invoives 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 shall include
(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 Federal Aviation
Administration may reasonably require.
~~'
,.,;,.m;~.~~
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 one 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 plate rumber of the vehicle invoived;
(2) the names and mailing addresses of the persons involved;
(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.
8.05.030 Bodily injury and property damage.
(a) Any person who damages+ag, by any means, aay a fence, gate. gate control, light,
fixture, or other City-owned property on the Airport
, shali
(1) report thesasf~ damage
(A) immediately to the Airport Manager~-e#~ise-eF and the Federal 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 will not adversely impact
the safety of aircraft operations on, or the security of, the Airport;
(2) be fully responsible
(A) to pay all costs related to the repair, restoraiion, 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.~{red-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, shall 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 invoives 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
thereafter.
8.05.090 Special definitions.
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 Gcertification. ~
9.05.030 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 ~4aircraft engine shall not be warmed up or run in ~-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 ~e~ged-aircraft engine test
operations, unless
(1) a competent operator is at the controis of the aircraft; or
23
(2} the aircraft is securely tied down at both wings and tail, and a~barricade
is placed around the entire perimeter of the propeller area or jet intake and
exhaust areas, as applicable to the aircraft; 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 and 10:00 PM. prevailing locai time. (Given
the near proximity of residential areas to the airport, it seems prudent to have a
curfew of some sort on engine testing.)
9.05.020 Certification.
Ali aircraft operating on the Kenai Municipal Airport must bear current airworthiness
certificates issued by the Federal Aviation Administration.
9.05.030 Equipment.
No aircraft shall be operated on the Airport r~gala~4y-unless it is equipped with tail or
nose wheei, and wheel 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 atmost always define differently. it is best to not use the word.)
9.05.040 Instrument approach.
Instrument approach procedure at KP+~ai~aisi~a~-Airport shall be the procedure as
specifically authorized by the Regional Director, Federal Aviation Administrat+onAget~sy.
(tsn't this a redundant stafement of fhe obvious? The City has no authority to establish
instrument approach procedures and the FAA-adopted procedures appty regardless of
whefher or not the City has a regulation on the subject.) I would delete. Becky
9.05.050 Student pilots.
Before making his or hertheiF first solo flight from the Airport, a
student pilot must ~aae-r~tade-a visit is-the Flight Senrice Station whenw#{c~# aircraft
tra~c is in progress and observ , Flight Service Station personnel
in the process of managing aircraft trafficpfeseda~es. Each student pilot shallw+l{ ask the
Flight Service Specialist on duty at the time of the visit to make the appropriate entry in
his leg-beel~logbook to verify the student piloYs 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 useage.
(a) Airplanes taking off and landing at the K°^~.isipa~-Airport will foliow the rules
and regulations established by the Federal Aviation Administration. (This seems to be
anofher superfluous sfatement.) Agreed - 8ecky
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 too 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 -~~~este~4 by the
Air Traffic Control Tower.
(d) No pilot shali turn an aircraft~s-s~ 180 degrees on the runway a~riess-~k~e
e~ESep~-by-~-A~ uniess directed to do so by Air Traffic Control Tower-a~eaa~.
9.05.070 Helicapters.
(a) A pilot operating a A41-helicopters carrying a sling loads to or from the Airport I
shall~ fly a course away from areas congested with aircraft and buildings~n+i##-~
~ ' .(The intent of the deleted phrase
wasn't c%ar since all aircraft arrivals and departures from the airport are subject fo
tower control, anyway. As originally written, the provision could be read as meaning a
sling-loaded helicopter could only avoid populated areas if the tower approved.
Othenvise, flights over populated areas would be OK.) ~
(b) A pilot operating a helicopter on the Airport shall land and take off oniy at locations
designated or approved for that purpose by the Airport Manager. ~eAsepte~-laad+ags
.(Ords. 316, 327) (Forbetterflexibilify, I recommend against
including specific operational locations and routes in the regulations. Giving the FAA a
"blank check" to direct aircraft operations on the airport during an emergency cou/d
expose the City to some expensive liabilities. As owner of the airport, fhe City has the
ultimate responsibility for the airport. If the FAA makes a bad call in an emergency
under this regulation, the Cify could 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, , commercialiy maintain, modify, or repair an
~ircraft, aircraft engine, propeller or other aircraft equipment on the Airport-prese~
unless ihe personkie
(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 etqer
designated or approved by the Airport manager for thatst~s# purpose.
Chapter 10.05
GENERAL RULES OF CONDUCTRU~O~IlA~18A1
Sections:
10.05.010 General rules of conduct.
10.05.015 Business activity permit.
10.05.020 Penalties.
10.05.025 Violation of regulations.
10.05.030 Non-responsibiBity.
10.05.050 Explosives on the Airport.
10.05.010 General Rules ot Conduct.
(a) No person shall, witnout 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) Aiter, make additions to, erect any buiiding or sign, or make any excavations
on the Rirport ' .(This is stated in the
introductory sentence of 010.)
(3s) aA/~I}y-aAbandon any personal-er~aa+aaFieaa4 property on the Airport. (Why
should the City be concerned about a person's motive in abandoning something on the
Airporf? Whether the abandonment is willful or due to neglect, the act should be
prohibited.)
26
(4d) Enter a Movement Area .(Note: l believe ~
this provision could be deleted entirely because, by definition, a"movement area" is
included within a"freld area", which is covered in (i), now "(9)".) I woutd leave this - I
Becky
(5e) Ne-~eFSea-sba4l-iinterfere with, tamper with, unlawfuliy remove or injure any
part of the Airport or any of the equipment thereof.
(6~ Ale-~e~seq-sf~a~4-kKnowingly or wiilfully make any false statement or report to
the Airport Manager or ana+~y Airport employee.
,
~ , ,~ ,
. (I moved this to
(e) because the last phrase didn't fit wifh the preamble sentence at the beginning of
10.05.010(a).)
(7#) Ale-pe~sea-si-ia~l-Eenter any restricted area posted as being closed to the
public except as may be permitted by these regulations.
(8+) A~e-~e{sea-sktaN-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 inistrationA~easy;
(iii3) persons authorized by the Airport Manager; and,
(iv4) passengers~eFSeas, under appropriate supervision, entering the area
for purposes of boarding or leaving an aircraft .
.(The state losf in an Alaska
Supreme Court decision (Herrick, et a1, v State of Alaska; early 1980's) because of an
alI-encompassing regulation like this. DOT&PF's inability to uniiormly enfo~ce the
excessively broad regulation against every single business that did any kind of
commercial activity on the airport (newspaperboys, pizza delivery folks, Amway-type
sales people, rea/ estate agents, etc.) was the reason the state lost the case. As a
result, the State Attorney General advised the DOT&PF Commissioner to specifica/ly list
in regulation the commercial activities for which a/ease or permit would be required.
This existing provision Q) sets up the City for a loss in the same kind of airport
leaseholder litigation. So, / recommend it be deleted and replaced with my proposed
10.05.15, below.)
27
(10~) Ne-pe~sea-slaa4!-pPost, distribute or display signs, advertisements, circulars
~r any other printed matter at the Airport except with the approval of. and in the manner
prescribed by the Airport Manager .
(111) Ne-~ersa~-sbal~~Travel on the Airport other than on the roads, walks, or
places provided for the particular class of traffic the person is using.
(12+~) Hinder or obstruct another person, vehicle, or aircraft from the lawful use
of the Airport.
(14a) Ne-peFSe~all-eOperate any type of vehicle for the disposal of garbage,
ashes, or other waste materiai on the Airport '
~ef. (This last phrase is stated rn the introducto+y sentence of 090.)
(be) Any person who has been denied the use of the Airport by the Airport Manager
under Chapter 3.05 of these regulations shali 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.
(cp) AA 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 ot
ihese facilities without individual and specific permission of the owners or lessees.
(This is a confusing provision that either Bars customers of fhese businesses from
entering their premises without ~rst obtaining the business owner's "individual and
specifrc permrssion" or it authorizes su6leasing wrth only the lessee's permission
required (no City consent). Without knowrng the history or intent behind this provision,
would recommend deleting it entirely.) Agreed. Delete. Becky
(d) A person using the Airport shall comply with
(1) the Airport regulations, Kenai Municipal Code and other applicable
law;
(2) orders the Airport Manager issues under applicabie 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 shall 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 Ma~ager. (This is ~
the relocated and slightly modified section (g).)
(fl 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(eJ).
(g) Except in an emergency or after receipt of approval from the Airport Manager to do
so, a person may not moor, load, unload, launch, operate, or test a boat or boat motor
in the waters of the float pond on the Airport. (Adapted from 17 AAC 45.020(h)).
10.05.015 Business activity permit.
a) Except as expressiy 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;
(2) a business that performs aircraft 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 commercially to the
general pubiic in a City-operated airiine terminal buiiding;
(5) a vehicle rentai business;
(6) an aircraft or aircraft parts sales business;
(7) a valet parking service;
(8) a food service business.
29
(b) If 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 busi~ess activity permit under this sectio~ must submit a
written request to the Airport Manager and must include
(1) the non-refundabie 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, unless the
Manaqer determines that
(1) the appiicant has violated a provision of the Airport regulations, Federal
Aviation Administration regulations, or the Kenai Municipai Code, which violation
the applicant has not resolved 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 resoived to the Airport Manager's
satisfaction;
(3) the appiicant is in arrears on a rental pavment or other material 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) appiicable law;
(B) the City's obligations under revenue bonds issued in connection with
the 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 comrnitted
under a grant from the Federal Aviation Administration issued in
connection with the Airport; or
30
(6) the proposed activity wouid 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 activitv permit fee required under Chapter 13 05~ and
~ provide insurance coveraqe that the Airport Manaqer determines is
comparable to the insurance coveraae the City requires of a land leasehoider or
terminal buildinp space tenant operatinq a business like that authorized in the
permittee's business activitv permit.
(q) A business activitv permit is not transferable and shail be issued for a term the
Airqort Manaqer determines is in the best interest of the Citv but not exceedinq five
ears.
For purposes of this section 10 05 015 a business activitv is conducted on the Airport if
the activity includina any transportation offered or arranqed bv the operator of the
activitv.
l1) is conducted all or in part on the Airport or
(2) derives business on the Airpo~t and offers or arranqes for transoortation
between an off-airport focation and a location on the Airport
(This entire section is based on 17 AAC 45.105 and a portion of 17 AAC 45.010(g))
10.05.020 Penalties.
Any person who violates any Airport regulation,-~essi~ed-qefeir~,
or any order or instruction issued thereunder, shall be subject to a fine of ~g
, not
more than five hundred dollars ($500.00) or imprisonmentec# for not more than thirty
(30} days, or both, under the authority of the Kenai Municipal Code ,
S+ty-e#_-14eaai. (Ord. 1858-2000) (Here again, `knowingly and willfully' are pretty tough
to prove.)
10.05.025 Violation of regulations.
(a) If a person acts in violation of the Airport regulations or fails to act as required by the
regulations, the Airport Manager may, in addition to the penaities under 10.05.020, take
one or more of the foilowing actions:
31
(1) order the person ta either immediately or within a specified time,
(A) stop ihe violation;
(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,
inciuding site assessment costs, clean up costs, collection costs, legal and
"~dministrative costs, appiicabie fines, and costs resulting from interference with or delay
if projects or operations on the Airport.
(c) If the Federal Aviation Administration fines the City for a violation of a federai statute
or regulation or for an occurrence or omission on the Airport, the person who caused
the violation, occurrence, or omission shali, upon written demand from the City,
reimburse the City for the amount of the fine, plus 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-responsibility.
The City of Kenai assumes no responsibility for loss, injury or damage to persons or
property on the Airport, or using Airport facilities by reason of fire, theft, vandalism,
wind, flood, snow, earthquake or collision damage, nor does the City+~ assume any
responsibility for injury to persons while on the Airport or while using the facilities
thereof.
~ie1~- (Whatever purpose this provision might have served in the past, it is meaningless
32
now, especially since it does not include any date references to esfablish its
effectiveness.)
10.05.050 Explosives on the Airport.
a) A person who brings or possesses an explosive to or on the Airport shail compiy with
the hazardous materials provisions of 49 C.F.R. Part 175, as amended through JanuarY
1, 2006.
(b) A person shalt give the Airport Manager at least 24 hours advance written notice
before bri~ging 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 includes fireworks as defined in AS 18.72.100.
Chaptee 11.05
FUEL
Sections:
11.05.010 Fueling and fuel storag~a~. ~
11.05.020 Fueling sources.
41.05.030 Fuelir~ personnel training.
11.05.03fi Fuei spiil prevention and response plan.
11.05.040 Fueling appaeatus electeicai bonding. €asil+~y-~s~~
11.05.050 Labeling
11.05.060 Fueling facilities.
11.05.065 Commercial fueling.
11.05.070 Fueling distributorship (Repealedj
33
11.05.010 Fueiing and Fuei Storage-~P.~;.
(a) No aircraft shall be fueled or defueled while the engine is running, unless running the
engine is allowed for hot fueling under Nationai Fire Protection 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). I don't know your local fire codes, or the
City's preference in this case, but hot fueling is al/owed at state airports (iYs frequent(y
necessary for emergency helicopter operations like fire fighting, multipie medica!
evacuations, etc.)
(b) No aircraft shall be fueled or defueled while the engine is being warmed by
applications of exterior heat; or while thes~s# aircraft is in a hangar or an enclosed
space.
(c)~} No persons shail smoke, light a match, or have any open flame within 50 feet of
an aircraft being fueled or defueled.
(d){s3 No person shal! operate any radio transmitter or; receiver, or operaie the switch of
any electrical circuita~{+ar~se-e#-sF on an aircraft during fueling or defueling.
(e)~1-} Persons engaged in the fueling or defueling of aircraft shall make every possible
effort to prevent the overflow or spilling of ##e-fuel. In the event of a fuel overfiow 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 spill to the
Airport Manager. The person shall also promptly report the fuel overfiow or spill to each
regulatory agency that requires a report of that overflow or spill and repair any fuei leak
and equipment failure or defect that caused or contributed to the overflow or spill.
(Based on 17 AAC 45.055(g))
(fl{e3 No person shali use any material during fueling or defueling of aircraft thatw~#is# is
likely to cause a spark or be a source of ignition.
(g)~ No person shall start an engine of any aircraft when there is any gasoline on the
ground under thesask~ aircraft.
(h)~ Fuel+ag hoses, containers, storage tanks, and related equipment shall be ~
maintained in a safe, sound and non-teaking condition.
(i)f#} All fueling and defueling of aircraft shall be conducted at least fifty (50) feet from (
any hangar or other building.
Q) No person shall fuel or defuel an aircraft without adequate fire e~inguishers or I
equivalent fire protection equipment immediately available to the fueling location.
34
(k) Ail fueiing, defueling, and fuel transfer on the Airport shall be conducted in ~
accordance with applicabie City and State or Alaska fire codes.
11.05.020 Fueling sources. ~
Aircraft fueling shall be conducted oniy from approved type pumps or fueling trucks, and
only by those authorized by the Airport Manager. No person shali 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 Fuelirag personnel training.
Any person who engages in fuel delivery, fueling, defueling or fuel storage on the
Airport shall ensure that they and all their personnel who handle fuel on the Airport are
trained in safe fuei handling practices, fire safety, spill prevention and spiii
response.(Based on 17 AAC 45.055(d)
. (The ~
existing wording doesn't identify who has the burden to supply the 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 fuei storage on the
Airport shall maintain spili 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 commerciai fuel delivery, fueling, defueling or fuei
storage on the Airport shall, before operating on the Airport,
(1) submit to the Airport Manager a copy the person's Spill Prevention Control
and Countermeasures Plan prepared under 14 CFR 112: or
(2) if 14 CFR 112 does not apply to the person's fuei 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 will take to prevent a spill or release of fuel;
(B) the steps the person will take, in the event of a spill or release of fuel,
to
(i) stop the spill or release; and
35
(ii} contain and prevent spreading or migration of any fuel released;
(C} the person's plan for immediate notification describing any spill or
release of fuel to the Airport Manager and to each reguiatory agency that
requires such a report.
(3) Neither the submission of a plen by a person under this section 11.05.035,
nor the receipt of the pian by the Airport Manager shall be construed as approval of the
plan by the Airport Manager or the City.
(This section 035 is partia(ly based on a pending DOT&PF amendment to 17 AAC
45.055.)
11.05.040 Fueling apparatus electrical bonding-fasil+~e~:
Before fueling an aircraft from a tanker truck, fuel tender, or fixed fueling facility, the
aircraft and the truck, tender, or fixed faciiity shall be connected by cable so as to
establish a condition of zero electric potential between them.
~.h ^^„'~~~•~ «,~~~ ~~ ^~^„'^~°~' (Ord. 305) (Again, I don't know your loca/ codes, but to
the best of my knowledge, the goal is "zero electrical potential", not "grounding".)
11.05.050 ~abeling.
~n addition to any labels or signs required by applicable law, a person who engages in
uel 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 Airport~ere-s~e
adequate marking and labeling
e€ to identify the contents by fuel type and octane rating.
. (Ord. 305)
11.05.060 Fueling facilities
Any fuel storage tank, fuel dispensing apparatus or other fuel handling facility placed or
used on the Airport must conform to applicable environmental law and the City's fire
prevention code. Before constructing or installing a fuel storage tank, fuel dispensing
apparatus or other fuel handling faciiity on the Airport, a person
must
(a) obtain a lease for the land from the City;
(b) submit to the Airport Manager plans for the construction or installation and any other
related information the Airport Manager may require in order to
provide for the safety of the public; and:
(c) obtain tne Airport Manager's written approval to proceed.
36
11.05.065 Commercial fueling.
No person shall engage in fuei delivery, dispensing or storage for commercial purposes I
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 91.05.065 sard about fuel sales, etc., buf the City needs to have
solid control over fuel-related commercial activifies 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.
12.05.090 I
Specia( definitions.
12.05.010 Storage.
(a) No person shail keep or store any fiammabie liquids, gases, signai flares or other
similar materials in-tk~e a hangars or ia-any other building on the Airport, unless=
the materials areaia~r-be kept
(1) in aircraft in ~proper receptacles installed in the aircraft-#e~sas~-~ar~ese;;
OP
(2) in rooms or areas specifically approved for such storage by the Airport
Manager, or in Underwriter's Approved Safety Cans. ("Underwriter's Approved Safety
Cans" seems kind of vague. Exacdy 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, uniess th : oil is kept in a room
specifically designated for oil storage or stored ; oon~e~ncn c~ ~orucc +~.,+ .,.,t ..,,,.e
~
in containers or receptacles approved by insurance underwriters. ("insurance
37
underwriters" is awfuliy vague and unenforceable. Exactly what is the City looking for
here?)
(c) Lessees shall provide suitable metal receptacles with covers for the storage of
waste, rags and other rubbish. . All ased-waste and
used rags or other rubbish shail be removed in accordance with the City ordinance
governing trash and rubbish disposai.
12.05.020 Open flame operations.
Except as may be specifically authorized by the Airport Manager, no person shall
conduct any open flame operations ~ga~eFanywhere on the Airport uniess fire (
extinguishers are ciose at hand to controi any hazard that may arise.
12.05.030 Smoking.
No person shall smoke on the Airport, in any hangar or shop, servicing area, gasoline
storage area or in any building, room or place on the Airport where smoking is
specifically prohibited by the City Fire Chief or the Airport Manager.
12.05.040 General requirements.
(a) The holder of a land lease on the °;;-;~ss~~s ^-o^'-~Airport shall keep the
)remises leased by them-~es~es~ivey~-sFand the apron
and ramp areas used in their operations, clean and clear of oil, grease, waste~eF
materials anda~ trash, except as may be specificaily authorizedpfsvided to the contrary
in the leas .
(b) No person shall keep uncovered trash containers on any part of the Airportia-aay
afea. 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-~qe~2~rea~. No person
shall spill dirt or any other materials from a vehicies on the Airport. Areas used for trash
or garbage containers shall be kept ciean and sanitary at all times.
(c) No persons shali dispose of garbage, papers, refuse or other material on the Airport
except in receptacles provided for that purpose, and in compiianceer~cep#fr~ta~ie~ with
the City of Kenai ordinance on garbage and trash removal.
12.05.050 Fire extinguishers.
All tenants or lessees on the Airport shail supply and maintain such adequate and
readily accessible fire extinguishers as are provided by Fire Underwriters for the
particular hazard involved or -as may be determined to bedee~ necessary by the
38
City Fire Chief-e#-tl~e-S+i~-e~a~er~a+. I
12.05.060 Hazards.
No tenant or lessee on the Airport shail store or stock material or equipment in such a
manner as to constitute a hazard to persons or property.
12.05.070 Hazardous substance reiease.
(a) A person who releases a hazardous substance on the Airport shall immediately
contain and clean 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 shall 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 regulatory agency that has jurisdiction.
(b) If a person responsible under this chapter for a release does not take immediate
action to report, contain, and ciean up the release, 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 section was adapted from 17 AAC 45.050.)
12.05.090 Special definitions.
In this chapter,
(a) "hazardous substance" means any substance that is defined under an
environmental law as hazardous waste, hazardous substance, hazardous
materia{, 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 deflinitions were adapted from 17 AAC 45.900) I
Chapter 13.05
39
Sections:
13.05.010
13.05.020
13.05.030
13.05.040
13.05.050
13.05.060
FEES AND PAYMENTS
Payments.
Delinquent bills.
Land 6~e~d-rental charges.
Concessionaires.
Military / government aircraft.
Airport user fees and terminal rent.
13.05.010 Payments.
Ail billings are payable at the City Cierk's office within fifteen (15} days after
presentation unless othennrise noted thereon.
(How is the date of "presentation" determined? ls it the date of the bill, the date the bill
is mailed, or the date the person receives the bill? Whichever way the City prefers to
define `presentation", both the definition and the procedure need to be made clear
here.)
13.05.020 Delinquent bills.
Delinquent bilis 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 fuil amount of a
delinquent bill with the 8% interest accumulating until the balance is pard in fuH. Or, do
both percentages accumulate monfhly until paid? Does the 10% penalty enlarge the
balance to which the 8% is applied? Clarification is needed here.)
13.05.Q30 Land G~eat~d-rental charges.
The rent charged to the holder of a lease for land on the Airport
shail be the amount
established by the City Get~asilin accordance with the Kenai Municipal 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 includes so many vague generalities that it really doesn't communicate
anything. The phrase "~or other aviation or public services" indicates tnat the sole
40
subject of this provision may be the fee that would be charged to an existing
concessionaire for use of other space on the airport to operate an entirely different kind
of business. (Such as, the rent that would be charged for the land if the terminal cockfail
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? 1'm not sure this provision serves any useful
purpose, but it the City has a reason to retain it, the wording will need extensive
clarification.)
13.05.050 Military/government aircraft.
Military and federal government airc~aft using the Airport ares#ail-~e exempt from
landing and transient parking fees. These exemptions shall not appiy to a commercial
aircraft-speratie~s that is chartered by, or leased to, the military or a federal
governmental agencyies.
13.05.060 Airport user fees and terminal rent.
Users of the Airport shail be charged the foilowing 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 vehicie; 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 oond. May through September.
(i) non-commerciai aircran: 53.00 per day;
(ii) commerciai aircraft : ~5.00 per day.
(The existing $2.00 per day rate equals $0.50 per 1,000 pounds for a
4,000 pound CMGTW aircraff.)
(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 for a 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. (Suggesfed
new rate: the daily parking rate is the same as the landing fee rate.)
(NOTE: Keeping a fixed relationship beiween parking fees and the landing fee
like this may be a useful way to maintain an equitable aircraft parking fee sysfem.
When the Cify makes future changes to the landing fee, I recommend the Cify
a/so change the transient parking fees to mafch 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
$12.50, and the rate in (6)(4) would go to $9.25 / 1,000 pounds CMG7YV.)
(c) Fees for long-term parking of an aircraft with a CMGNV less than 4,000 pounds
under 6.05.060:
(1) Paved space for wheel-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 to the float pond. non-commerciai 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 accessibie to an aircraft seasonally equipped with floats or
wheels:
(i) Without access to electricity, ~360.00 per year.
(ii) With access to electricity, S42Q per year.
(C) For a space accessible to an aircraft seasonally equipped with floats,
skis, or wheeis: $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 floats,
skis, or wheels:
(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 beiween 4,000 and 10,000
pounds under 6.05.060:
(1) $100.00 per month per aircraft; or
(2) $900.00 per year.
43
(These fees were derived from the $5.00 daily rate in (b)(3) above using the
same discount multiplier used for the under 4, 000 pound parking fees. That is,
the monthly rate is the daily rate ($5.00) x 30 days x 66J% _~100.00. The
annual rate is the darly rate ($5.00) 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 CMGNV, rounded to the nearest
1,000 pounds;
(These fees were derived from fhe $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 daify rate ($0.50) x 360 days x 50% _$90.00.)
(fl Fees for impounding aircraft under 6.05.065:
(1) $100 for the impound fee; plus
(2) $50 per day for the impound storage fee; plus
(3} The City's actual cost of towing or othenvise relocating of the aircraft,
inciuding legal and administrative costs.
(e) Fees for a Business Activity Permit under 10.05.015:
(1) $50 nonrefundable permit application fee;
(2) for each business activity permit issued to a person,
(A)$250 per year, pius
(B) in the case of a business activity permit authorizing a car rental
business operated by a person who does not hold a car rentai concession
in the City's terminai building, a fee consisting of the same percentage of
gross vehicle rentals as the City charges the in-terminal car rental
concessionaires.
(fl Users of space in the City-owned terminal building on the Airport shail pay the
foilowing rent:
44
(1) $1.55 per square foot per month for ail space except airline bagga<ae handling
space; and
(2) $0.36 per square foot per month for airline baggage handling space.
(g) Each aircraft operator using the Airport shail pay the following 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 commercial 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 fee / deposit of $100.00 per key card payable upon issuance of the
card by the Airport Manager;
(2) ~ost / damaged key card replacement fee of $100.00 per card replaced;
(3) Key card retum 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 several years, the City has charged a monthly fee of $600 for a 600' x 600'
sife, which works out to $0. 009 67 per square foot per month or $0.02 per square
foot per year. That seems incredibly cheap rent for almosf 8.5 acres of paved
surface. For comparison, consider the fact fitat 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 state's aviation rent at the Homer Airport is $0.114 per
square foot per year (almost six times the City's f+sh haul permit rate). Also,
consider the fact that the City rents a paved light aircraft tie-down space for $40 /
month. Generously assuming 2500 square feet for each tie-down space, 144 tie-
down spaces would fit in 360, 000 square feet. 144 x$40 =$5760 / month! No
mafter how you look at it, the fish haul operators have been getting an amazing/y
cheap deal, probably the lowest rent of anyone on the airport.
45
The $0.002 per square foot fee +n (9) above works out to an annual fee of $0.024
per square foot. The month/y rent for a 600' x 600' sife would be $720.00. /
came up with the $0.002 rate in search of a round number that would
approximate the current fee. However, I 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 General.
14.05.020 Monthly reports.
14.05.010 General.
(a) A person who operates an aircraft at the Airport w+th a cert+ficated maximum ~2f2
w+ti~-a-sc;~ti#+ed-gross take-off weight of four thousand (4,000) pounds or moree~ef shall
pay the applicable landing fee specified in 13.05.060, subject to the monthly minimum
Janding fee specified in 13.05.060.
(b) The following are exempt from the requirement to pay landing fees:T",,,~;~„o
laf~d+r~~e~
(1) an aircraft , with a certificated^°~
maximum gross take-off weight of less ihan four thousand (4,000) pounds;
(2) military and federal government aircraft, as provided under 13.05.050;aad
(3) all ae-laadi~-#ee-#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 fifteenih (15`h) day of each month. the operator of an aircraft that
uses the Airport and is subject to the payment of landing fees under 14.05.010 A~1
, shall submit to the City a written report afsqew~g the
tstal-au~e~s#-landings for each aircraft operated
at the Airport during the previous catendar month.eas#-+~eat#- The}s report shall be
accompanied by payment of the~sve landing fees due for that month and must
include the aircraft 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 tanding 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.
,
. ,
~(Res. 92-71, 93-42)
Chapter 15.05
~~REQUIREMENTS FOR TERMINAL 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
terminai building on the Airport under a lease or other agreement with the City.
(b) Each All-tenants must occupy the s~+s# terminal space ~~°~u -.~-~vesignated for their
specific type operation.
47
(b) Each air carrier that is a tenant aisain~must Iease and occupy an area of not iess
`han 150 square feet of ticket counter space and 300 square feet of o~ce space. and
nave direct access to the existing baggage build-up area. Air carriersA+~4i~es may share
existing facilities under an approved lease-sublease agreement.
(c) Each cSar rentai concessionaireageasies must occupy an area of not less than one
hundred (100} square feet of designated terminal space^^~' ~^ ^ .. ..~ ~'~~?~^w'.~~ ~~'
##e-~r~c~se.
(d) Ali other concessions and~ tenants in the terminal building shall operate in existing
designated facilities unless specific alterations are approved by the City Manager
Set~si~.
(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~~^~~
e# thirty days without approval of the City ManagerGeaas+t.
(fl Vending macnines, newspapers and other publications shall be placed in the terminal
building only asser-da~se-with the permission and direction of the Airport Manager
~isas.
(Ords. 290, 305, 316, 327, 358, 365, 461, 904)
,(Regarding the changes to (d) &(e), these kinds of approvals should be handled
3dministratively at some level be/ow the Council, leaving the Council to handle onty
appeals of lower level decisions on these subjects.)
Chapter 16.05
RESTRICTED AREA ACCESS
Section:
16.05.010 Access to Restricted Areas.
'i6.05.020 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 fhrough 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 proof 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 themseives or a
person who is under the cardhoider's direct escort; or
(3) leave a get open after the cardholder enters or exits a restricted area.
(e) The Airport Manager may, upon written notice to the cardhoider, void the key card
and bar the cardhoider 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) compiy 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 I
regulation; or
49
(2) the period of time for which the Airport Manager issued the key card expires.
(fl 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
mea~s and without prior notice, temporarily 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 replaceme~t; or
(2) surrender their key card to the Airport Manager in exchange for a key card of
alternate technology.
th)
When a cardholder 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 Special 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
} ~~
AGENDA
KENAi CYTY COUNCIL - REGULAR MEETING
MAY 3, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMB
http_( Iwww.ci.kenai.ak.us
STEM A: CALL TO ORDER
1. Piedge 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
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Les Ksusea -- Astroturf/Multi-purpose Facility
2. Robert Ruffaer/Kaleidoscope School of Arts 8s Sciences Teachers
and Students -- Clean-up of No-Name Creek
~,,,r,u,~! „3. Ricky Gease, Keaa's River Sportfishing Associatioa, Iac. --
,y,~~~oG Management Oversight Reports and Economic Information of Upper
~ ~"Ji~/t~'o Cook Inlet Salmon Fisheries.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
~~t~~lG Gl. 1. Ordinance No. 2158-2Q06 -- Amending the Official Kenai Zoning Map
by Rezoning Lot A-i and Lot A-2, Bazon Park Subdivision No. b, From
Split-Zoned Light Industrial (IL) and General Commercial (CG) to General
Commercial (CG) Only.
~~"'~'G'{ 2. Ordinance No. 2159-2006 -- Enacting KMC 7.40 Titled, "Grant
r~R~J~tG GL . Administration," Which Adopts Procedures for the Administration of
Grants by the City of Kenai.
~, ~ 3. Resolutioa No. 2006-20 -- Authorizing the Amendment of the city of
Kenai, Alaska and Public Employees' Retirement System (PERS)
~~~~~~~~ Participation Agreement to Exclude All Elected Officials, Effective May 3,
~G~ 2006.
~~~~ 4. Resolutson No. 2006-21 -- Transferring $11,000 in the General Fund
for Shop Department Utilities.
~ 5. Resolution No. 2006-22 -- Transferring $12,458 in the Water and Sewer
/«.-~/'~~. Special Revenue F~xnd for Engineering.
~~~~r~ ~ 6. Resolution No. 20U6-23 -- Awardang a Lease for Two Fish Seasons (May
15, 2006 to September 30, 2007) of Kenai Dock Station No. 3 to Copper
River Seafoods for the Seasonal Base Bid of $4,379 Plus $0.03/lb. For
Any Poundage Over 1,333,333 Lbs. of Total Weight From Both Stations
No. 2 and No. 3 Plus $307 Per Month for Boat Storage Area No. 3.
~j~?j1~~~~~ 7.
~/"~~~~~ ~ Resolution No. 2006-24 -- Expressing Intent to Donate Up to 25 Acres
f
77
P
• o
a
-Acre
arcel Near Mommsen Subdivision to Frontier Community
Services and Kenai Senior Connection Upon Certain Conditions.
~~p~e~ ~(. 8. Resolutioa No. 2006-25 -- Transferring $19,149 From Construction to
Engineering in the Teiminal Modifications Capital Project F~nd.
YTEM F• MINUTES
1. *Regular Meeting of April 19, 2006.
2. *Aprii 17, 2006 Work Session Notes
3. *April 19, 2006 Work Session Notes
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
~j~/'ds~4~ l. Bills to be Ratified
~/'e°lh`-'O~ 2. Approval of Purchase Orders Exceeding $15,000
3. *Ordiaaace Na. 2160-2006 -- Increasing Estimated Revenues and
Appropriations by $28,000 in the Airport Land System Special Revenue
Ftiand for Utilities.
4. *Ordinaace No. 2161-2006 -- Increasing Estimated Revenues and
Appropriations by $21,000 in the Terminal Enterprise F1ind for Utilities.
~C~-yr~t6li`~i~ S. *Ordinaace No. 2162-2006 -- Amending KMC 11.20.790 to Change the
Annual Minimum Rental Rate for Shore Fisheries Leases to $3,000.
6. *Ordiaance No. 2163-2006 -- Enacting KMC 7.05.035, Adopting a
Community Purposes Property Tax Exemption as Authorized by AS
29.45.050.
7. *Ordiaaace No. 2164-2006 -- Increasing Estimated Revenues and
Appropriations by $60,000 in the Airport Land System Special Revenue
Ptiand and the Runway Safety Area Impsovement Capital Project Fund for
Engineering Services.
~ ~~(, 8. l~pproval -- Updated Kenai City Council Policy for Commission,
Coxnmittee, Board and Couricil on Aging Meetings and Work Sessions.
"e'"°z~i 9. Discussioa -- Schedule Proposed Library Expansion Work Session.
~v, ~~.
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Coinmission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
ITEM Jt REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SFSSION -- None Scheduled
ITEM M• ADJOURNMENT
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 17, 2006
'T:00 P.M.
KENAI SENYOR CENTER
http:/ /www.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
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
l. Preseatatioa/V.F.W. Poppy Week Proclamation
Tom Adams, Louasbury 8a Associates -- Wal-Mart Project Update.
Phil Bryson/Casey Maddea, Wiace-Corthell-Bryson -- Airport Runway
Froject Update.
4. Ricky Gease, Kenai River Sportfishing Association, Inc. --
Management Oversight Reports and Economic Information of Upper
Cook Inlet Salmon Fisheries.
YTEM C: UNSCHEDULED PUSLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC FIEARINGS
g.,~oy~ /,L _ l. Ordfnance No. 2160-2006 -- Increasing Estimated Revenues and
Appropriations by $28,000 in the Airport Land System Special Revenue
F~xnd for Utilities.
~d u 2. Ordiaaace No. 2161-2006 -- Increasing Estimated Revenues and
Appropriations by $21,000 in the Terminal Enterprise Fund for Utilities.
~G~iSP~ G(. 3. Ordinance No. 2163-2006 -- Enacting KMC 7.05.035, Adopting a
Community Purposes Property Tax Exemption as Authorized by AS '
29.45.050.
/'~t 5~}~ Gl. 4. Ordinance No. 2164-2006 -- Increasing Estimated Revenues and
Appropriations by $60,000 in the Airport Land System Special Revenue
F~xnd and the Runway Safety Area Improvement Capital Project Fund for
Engineering Services.
~~~~ 5. Resolution No. 2006-20 -- Authorizing the Amendment of the city of
Kenai, Alaska and Public Employees' Retirement System (PERS)
Participafion Agreement to Exclude All Elected Officials, Effective May 3,
2006.
(Clerk's Note: Consideration of Reso(ution No. 2006-20 was postponed
from the May 3, 2006 meeting. An actiue motion to approve Resolution No.
2006-20 is on the floor.)
~q~Pd ~, 6. Resolutioa No. 2006-26 -- Supporting a Gulf of Alaska Groundfish
Rationalization Pian that Maintains Open Markets, Free Trade, and the
Movement of Commerce for Fisheries Resources Within the State of
Alaska.
~~~~~ 7. Resolution No. 2006-27 -- Awarding the Bid to Emulsion Products
Company for 2006 Dust Control, Rental of Asphalt Distribution Truck
and F~irnishing CSS-1 Emulsified Asphalt for the Total Amount of
$46,800.
~~u, 8. Resolution No. 2006-28 -- Transferring $12,000 in the Water and Sewer
F~nd for Supplies.
ITEM F: IVIINUTES
~~~. i. *Regular Meeting of May 3, 2006.
2. *Notes of Budget Work Session of May 2, 2006
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
~i^4~~ 1. Bills to be Ratified
tanp~py~' 2. Approval of Purchase Orders Exceeding $15,000
~ ~_
*Orcliaance No. 2165-2006 -- Adopting the Annual Budget for the Fiscal
Yeaz Commencing July 1, 2006 and Ending June 30, 2007.
4. *Ordiaaace No. 2166-2006 -- Increasing Estimated Revenues and
Appropriations by $3,800 in the Senior Citizen Title III Grant Fund for
Senior and Disabilities Training.
5. *Ordinance No. 2167-2006 -- Increasing Estimated Revenues and
Appropriations by $4,210.00 in the General F~tnd to Pay for
Improvements to Police Department Report Writing Stations and a
Computer Projector.
*Ordiaance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council
Members to Telephonically Attend Up to Six (6) Additional Council
Meetings During a Twelve (12) Month Period if the Member is Physically
Unable to Attend Due to the Need for Extended Medical Care and
Treatrnent of the Member or the Member's Immediate Family.
*Ordinaace No. 2169--2006 -- Transferring $125,000 From the FY2006
Public Improvements Capital Project F~znd to the Boat Launch Capital
Project F~xnd and Transferring $100,000 From the Boat Launch Capital
Project F~nd to the General ~znd.
~~f~ej~/ 8. Approval -- Consent to Assignment of Lease/Lots 2& 3, Block 5,
General Aviation Apron/Geneva Stasek to Wendy McGahan, Lynn
Dydema and Gwen Woodazd d/b/a Kenai Fabric Center, Inc.
~j~p/"py'~ 9. Approval -- Ternunation of Lease -- 20/20 International, Inc. and John
12. Discussioa -- Proposed Shamrock Circle L.I.D. -- Report of City Manager
to Council.
C. & Marie L. Parker/Lot i l, Block 1, F.B.O. Subdivision.
~ ~ 10. Appsaval -- Assignment of Lease for Security Purposes, Lots 10 & 11,
~ Block 1, Etolin Subdivision No. 3-- Rockwell G. Smith, d/b/a Preferred
Plumbing & Heating.
~j~~~~ 11. Approval -- Renewal of Suc Shore Fishery Leases.
p/qa~-ror~ 13. Appzoval -- Cost of Living Salary Increase/City Clerk and City Attorney
ITEM I:
1. Council on Aging
2. Airport Commission
3. Hazbor Commission
4. Library Commission
5. Pazks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
~TEM J: REPORT OF THE MAYOR
ITEM K: ADMffiISTRATION REPORTS
1. City Manager
2. Attorney
3. City Cierk
ITEIVY L:
1. Citizens (five minutes)
2. Council
B~D~'~~
~~~a~~D4 EXECUTIVE SESSION -- Evaluations of City Attorney, City Clerk and City Manager.
ITEM M: ADJOURNMENT
~~ ~
KENAI CYTY COUNCYL POLICY
FOR
COMMISSION, COMMITTEE, BOARI3 AND COUNCIL ON AGYNG
MEETINGS AND WORK SESSIONS
Commission. Committee Boasd Reanpointment•
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or boazd member would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Commissions Committees or Boasds:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to
the public; meeting notices shali be posted on the O£ficial City Bulletin Board in Kenai City Hall
and on the city website at least five (5) days prior to the meeting; and the meetings may be
recorded with a portable tape recorder and the tapes (the official record) stored in the City
Clerk's Office.
Meetine Schedules:
ntil further notice, the commission/committee meeting schedule is as follows:
Commission/Committee/Board Meeting
Schedule
Scheduled Meetin Da s
Planning & Zoning Commission ''I~vice monthly January through December, Second
& Fourth Wednesda s
Libra Commission Monthi First Tuesdav
Harbor Commission Monthly First Monday after first council
meetin of the month.
Council on A in Monthl First Thursdav
Beautification Committee No meetings Jan.,
Feb., Nov. & Dec. Second Tuesday
Pazks & Recreation Commission Bi-Monthl First Thursda
Ai ort Commission Monthl Second Thursda
1. Commission, committees and boazds, including Library, Harbor, Parks &
Recreation and Airport Commissions and Beautification Committee, shall meet as listed above.
2. Council on Aging shall meet monthly at the Kenai Senior Center.
3. Planning & Zoning Commission and the Personnel Arbitration Boazd is
exempted from this meeting directive.
4. Commissions, committees, boards and the Council on Aging may, with the City
Clerk's approval and notification of Council and City Manager, hold special meetings (for a
specific purpose) on an as-needed basis.
5. Commission, committee and board meetings may be cancelled by the City Clerk,
•nth noti£cation of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
ms, pre-knowledge of lack of quorum, etc.
6. Ali commission, committee and board meetings (except Council on Aging) will be
held at Kenai City Hall and begin at 7:00 p.m. Exceptions for subcommittee meetin~, may be
made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and
incorporated into the following meeting schedule by the City Council.
Minutes/Meetin¢ Recordine:
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee, board
meetings, falls to the department liaison (staff inember) to the specific meeting group.
9. Summary minutes will be produced by the City Clerk from the department
Iiaison notes and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning
Commission, shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for
six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to
hold work sessions to be held on a date other than that of a regularly scheduled meeting or at
a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before
a 7:00 p.m. meeting.
13. Work sessions may not be held without the approvai of the City Clerk unless
they occur on the night of and at the time of a regularly-scheduled advertised meeting.
14. During work sessions, only items on the work session agenda may be discussed
and no formal actions may be taken.
15. All commission, committee and boazd meetings must be given appropriate
public notice.
This directive shall take effect on May 3, 2006 and remain in effect until modified by the Kenai
City Council.
Approved by the Kenai City Council on the third day of May, 0. ~
PAT PORTER, MAYOR
ATTE T:
_~ ~'~,~,~
Carol L. Freas, City Clerk
clf
Revised 5/3/06