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HomeMy WebLinkAbout2008-06-12 Airport Commission PacketKENAI AIRPORT COMMYSSYON JUNE 12, 2008 KENAI CITY COUNC%L CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 10, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS a. Discussion/Recommendation -- Float Plane Basin Development ITEM 6: NEW BUSINESS a. Discussion/Recommendation -- Lease Application/James H. Doyle, d/b/a Weaver Brothers, Inc. -- Tract B, Gusty Subdivision No. 6. b. Discussion/Recommendation -- Establishing Minimum Standards for Commercial Aviation Activities. ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison YTEM 8: COMMISSYONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for May 20 and June 4, 2008. b. Wince-Corthell-Bryson Report/Runway Safety Project. c. Selection Committee Memo Recommending Wince-Corthell-Bryson for the Airport Engineering Professional Service Contract. d. City Manager Memo/Kenai Municipal Airport Fees. e. City Manager Memo/Fuel Flowage Fee. f. Proposed Rezone/Conservation to Light Industrial -- Lot 4, FBO Subdivision No. 7 8v Lot 5, FBO Subdivision No. 8/Forestry Lease and Vacant. g. Proposed Rezone/Conservation to Light Industrial -- Tract A, Gusty Subdivision #3; Tract B, Gusty Subdivision #6; and, Tract C-l, Gusty Subdivision #7. h. 5/2008, Anchorage Airport Master Plan News/Runway Capacity Alternatives Evaluated. i. 2008 Kenai Peninsula Air Fair/Final Report. ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEN® THE MEETING: CAROL -- 283-8231 OR MARY -- 283-7951 Ikm 3 KENAI AYRPORT COMMISSION MAY 8, 2008 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA YTEM 1: CALL TO ORDER AND ROLL CALL %TEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 10, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion/Recommendation -- Fuel Flowage Fee ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for April 2 and 16, 2008. b. Memorandum -- Draft Ethics Ordinance c. Kenai Peninsula Air Fair Poster d. Kenai Cafe Spring Hours e. Aqua Massage Flyer ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISS%ON MAY ~, 2oos KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESYDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: J. Bielefeld, H. Knackstedt, C. Versaw, L: Porter Commissioners absent: J. Zirul, E. Mayer, D. Haralson Others present: Airport Manager M. Bondurant, Council Member B. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 10, 2008 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of April 10, 2008. Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSYNESS 6-a. Discussion/Recommendation -- Fuel Flowage Fee There was general discussion on the new fuel flowage fee and to whom it would apply. Commissiorier comments included: • Some were in favor of the fees. • Belief the airport should make money from real estate instead of fees. • Belief the fee would decrease business. MOTION: Commissioner Porter MOVED to accept Administration's recommendation to adopt Ordinance 2303-2008. Commissioner Versaw SECONDED the motion. °t7OTE: Zirul ABSENT I Bielefeld NO Knackstedt YES Versaw YES Mayer ABSENT Haralson ABSENT Porter YES MOTION FA%LED. ITEM 7: REPORT 7-a. Commission Chair -- Knackstedt reported on the Permanent Fund Investment presentation he attended. 7-b. Airport Manager -- Bondurant reported on her attendance at the Aviation Trade Show in Anchorage; noted the urea building was out to bid; RFPs for professional services were being evaluated; new airport fees would go into effect on June 1, 2008; and, minimum standard development information would be in the next packet. 7-c. City Council Liaison -- Molloy reported of the signing on the Wal-mart property and other action agenda items from the May 7, 2008 meeting. ITEM 8: COMMISSIONER COMMENTS AND QUESTYONS Bielefeld -- reported he reviewed the draft ethics ordinance included in the packet and noted appraximateiy 25% OI tl'ie GrdiriaiiCc 4VuiiiCi affect hiiii and iI passed, he wouicl resign from the commission. Knackstedt -- Requested floatplane basin development be placed on the June agenda. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for April 2 and 16, 2008. 10-b. Memorandum -- Draft Ethics Ordinance 10-c. Kenai Peninsula Air Fair Poster 10-d. Kenai Cafe Spring Hours 10-e. Aqua Massage Flyer AIRPORT COMMISSION MEETING MAY 8, 2008 PAGE 2 ITEM 11: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:20 p.m. Meeting summary prepared and submitted: Corene Hall, Deputy City Clerk AIRPORT COMMISSION MEETING MAY 8, 2008 PAGE 3 r ^ ~ 305 N. WILLONt ST. SU(iE 2(q {(FNAI, X611 Municipal Airport TELEPIiONE 907-288.7957 FAX ~7=X33739 To: Airport Commission From: Mary Bondurant -Airport Mani~1, Date: June 4, 2008 Subject: Lease Application -James H. Doyle, d/b/a Weaver Bros, Inc. Tract 8, Gusty Subdivision No. 6 Attached for your review and comment is a lease application for land inside the Kenai Airport Reserve from James H. Doyle, d/bla Weaver Bros., Inc. The property is used for trailer storage. The property is also in the runway protection zone requiring a 90-day cancellation clause in the lease. Mr. Doyle wishes to continue to use ±he property for the same p:,' Mose for another five years. Does Commission wish to recommend Council approve the lease application for James H. Doyle, d/bla Weaver Bros., Inc. Tract B, Gusty Subdivision No. 6? www. KenaiAirport.com .B. 6f~n~,/ Y / B VIN JJ 30P.> R6 ST. SU17'E 200 , X99 ~'7-283T~7 FdkX 967a$33T37 To: Rick R. Koch -City Manager From: Mary Bondurant -Airport Mana ®ate: May 14, 2008 Subject: Lease Application -James H. Doyle, d/b/a Weaver Bros, lnc. Tract 8, Gusty Subdivision No. 6 I have reviewed the above lease application in accordance with KMC 21.10.070 (2) and recommend the lease continue. The 90-day cancellation clause would allow for airport use should the need arise. I agree with Ms. Kebschull that the City consider a rezone of these parcels to Light Industrial from Conservation to meet future uses. Cc: Kim Howard, Assistant to the City Manager Marilyn Kebschull, Planning Administrator Municipal Airport "~i`fla~e t.~it~i a fast, Ge° y tvit~i a Futa~°e ®, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us X111®r~,11C~L1111 Date: April 21, 2008 To: Mary Bondurant, Airport Manager Marilyn Kebschull, Planner From: Kim Howard, Assistant to the City Manager 'GK~ RJJ: Lease Application -James H. Doyle, d/b/a Weaver Brothers, Inc. Tract B, Gusty Subdivision No. 6 Attached is a lease application. for the referenced property in the airport reserve. Mr. Doyle has leased this 15,942 sq. ft. lot since the mid-80's for storage of flatbed. trailers and vans near the softball fields. The property is in the runway protection zone, requiring a 90-day cancellation clause in the lease. The current l0-year lease ends June 30en MT. Doyle VJtsh°,~ tG C..nt.n:rc tG irSe tl'ic prCp.°.i ~y f^vr aiv tiieT i've jy:;al'S ivr thy; Saiii2 purpose. A termination date of June 30, 2013 coincides with the termination of the adjacent lof that he leases for the same use. I reviewed the application as outlined in KMC 21.10.070 (a)(1). The filing fee and applicable deposit have been submitted. No development is proposed. A business plan is not required. The KPB tax compliance certificate states Mr. Doyle is in compliance with the Borough tax provisions. My recommendation is approval of the lease application. Please review the application as outlined in KMC 21.10.070 (2) and (3) and make a recommendation. Cc: Rick Koch, City Manager Attachments Ilch 'FOR CITY USE ONLY Date" . .~/ fly CITY OF KENAI s~g~at~+~~ 210 Fidalgo Avenue, Kenai, Alaska 996 1 1-7794 ~°~ ~' (907) 283-7535 Ext. 223 LEASE APPLICATION For Land Inside the Kenai Municipal Airport Reserve 1. Name of Applicant 2. Business Name weaver Brothers Inc. 3. Business Type (circle one} sole oronrietor partnership co oration L.L.C. 4. AK Business License No. 85270 S. Mailing Address P. o. Box 582 Kenai, AK 99611 6. Telephone 283-7957 7. Email Address S. Kenai Peninsula Borough Sales Tax No. (if applicable) 014467 9. Land Requested: If platted, give legal description Tract B, Gusty Subdivision No. 6 If not platted, attach a site plan showing the proposed dimensions and location on the Airport. 10. Proposed Use of the Property (Be specific) trailer storage 11. Lease Term Desired years 12. If you plan to base or service aircraft on the property, give a. Make, type, & wingspan of the largest aircraft b. Total number of aircraft you expect to be based or serviced on the property at one time 13. If you plan to construct improvements or otherwise develop the property: a. Attach a Development Plan (see attached checklist) b. Describe the building type, construction materials, size, etc. a Constrnction beginning date d. Construction completion date (maximum of two years) e. Estimated total cost of the proposed development & improvements 14. If you plan to operate a business on the property, attach a business plan (See application instructions). I5. If you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGNATURE 5~~~0~ Date: 4/07/2008 Printed name: Same Doyle Title: PrPC;Aarn APPLICANT'S SIGNATURE: Date: Printed name: Title: KENAI MUNICIPAL AIRPORT Lease Application for Land Inside the Kenai Municipal Airport Reserve ' DEVELOPMENT PLAN CHECKLIST (All items must be included before a lease application will be accepted.) A DEVELOPMENT PLAN MUST INCLUDE A DRAWING AND A NARRATIVE. 1. Drawings must be drawn to scale, but need not be prepared by an architect or engineer. Drawings must show the following: a. The layout of the lot showing the height(s), size(s) and location(s) of all - Existing buildings - Proposed buildings -_ti_~g_, - Existing and proposed antennas, poles, and towers ~_ - FAA Form 7460-I Notice of Proposed Construction (This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http://www.faa.gov/airports_airlraffic/airports/regional guidance/alaskan/. The site has a menu for forms at the bottom of the page.) Lease requires evidence of compliance prior to development b. Parking facilities (location and number of spaces) _p~g_ - Highway vehicles k hwa ort vehicles (non-hi u - Ai ft ) 4 as g y pp rcra s k Iu - Aircraft c. Site improvements - Areas to be cleared and method of disposal - Proposed gavel or paved areas ~aenn+ laI - all ~acweled - Landscaping plan (retention of natural vegetation and/or proposed planting areas) +eees ~aa! n-~.hu'" o*~ Pe°P~'g~- d. Building set backs e. Drainage plan and snow storage areas ~"°"~ P"she~l '~n+o ~a~lne £ Traffic circulation plan (all entrances, exits and on-site access) "° ~"~"'~ o„ -t{~S s l o~ g. Location of sign(s) - (sign permit required before installation) h. Fencing - (permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) 2. Narrative must explain how your proposed use and development of the property will conform with: a. the zoning ordinance of the City / b. the comprehensive plan of the City / c. the latest FAA-approved Airport Layout Plan for the Airport / d. the latest Land Use Plan for the Airport - Page 3 of 2 April 16, 2008 City of Kenai Subject Property: Tract B, Gusty Subdivision No. 6 Lease Application Narrative The property, listed above, has been under a lease with the City of Kenai for approximately 20 years. This vacant property is used exclusively for trailer storage and we have always complied with all current comprehensive and zoning plans as outlined by the City of Kenai and/or Kenai Municipal Airport for the duration of this short-term lease. VVe will continue to comply with the Land Use Fian for the airport, as we will only be using the subject property for trailer storage. James H. Doyle :~ ~ __\ _ _s so° ~ W _ \ 20'0:00'! rs~®,\ ~~®Ft~ c a \ \ ~~~ \ e ~~ 0 A~ 3 0 oy ~~ N 6~®`~%2 ~YJ~ \ ~ N `-.; ~` }[-~~9 ~~ A~9~J 60°2 ~~ E ~~ Q 1 ~v ~ O ~~ i ,, lam' EPS~ I ~F 2®°Q° \~ /~ \N O ~~ M v ~~ ~ ~ \~ 1 ~P)B,m e !'i,/a- 1}e~n b ~O I ~ l ^-I 305 N. WILLOW ST. SURE Z00 KEIVAI, ALASKA 99697 y'FI FPKONE 997,283'1959 FAX 9072833737 Airport Commission Mary Bondurant -Airport June 4, 2008 Manag Establishing Minimum Standards for Commercial Aviation Activities at the Airport The Supplemental Planning Assessment recommended the airport develop minimum standards to better demonstrate compliance with the requirements of the grant assurances that come with AIP grant funding. The City Manager has suggested that the Airport Commission take the lead on this project. Attached for your guidance is FAA Advisory Circular 150/5190-7 Minimum Standards for Commercial Aeronautical Activities. The City Attorney has also provided minimum standard examples from other airports and will be available at the June 12 meeting. Please review and be prepared to discuss development of minimum standards at the Kenai airport. www.KenaiAirport.com U.S. Department of Transportation Federal Aviation Administration I it ul r Subject: MINIMUM STANDARDS FOR Date: August 28, 2006 AC Na: 150/5190-7 COMMERCIAL AERONAUTICAL Initiated by: AAS-400 Change: ACTIVITIES 1. PURPOSE. This advisory circular (AC) provides basic information pertaining to the Federal Aviation Administration's (FAA's) recommendations on commercial minimum standards and related policies. Although minimum standards are optianal, the FAA highly recommends their use and implementation as a means Yo minimize the potential for violations of Federal obligations at federally obligated airports. 2. CANCELLATION. AC 150/5190-5, Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities (Change 1), dated June 10, 2002, is cancelled. 3. BACKGROUND. In accordance with the Airport and Airway Improvement Act of 1982, 49 United States Code (U.S.C.) § 47101, et seg., and the Airport Improvement Program Sponsor Assurances, the owner or operator of any airport (airport sponsor) that has been developed or improved with Federal grant assistance or conveyances of Federal property assistance is required to operate the airport for the use and benefit of the public and to make it available for all types, kinds, acrd classes of acronaliticai activity.t Tl'ie Surplus r^ropen`y Act of 1944 (as amerided by 49 U.S.C., gg 47151-47153) contains a parallel obligation under its terms for the conveyance of Federal property for airport purposes. Similar obligations exist for airports that have received nonsurplus government property under 49 U.S.C. § 47125 and previous corresponding statutes. These Federal obligations involve several distinct requirements. Most important is that the airport and its facilities must be available for public use as an airport. The terms imposed on those who use the aixport and its services must be reasonable and applied without unjust discrimination, whether by the airport sponsor or by a contractor or licensee who has been granted a right by the airport sponsor to offer services or commodities normally required to serve aeronautical users of the airport. Federal law requires that recipients of Federal grants (administered by the FAA) sign a grant agreement or covenant in a conveyance of property that sets out the obligations that an airport sponsor assumes in exchange for Federal assistance. The FAA's policy recommending minimum standazds stems from the airport sponsor's grant assurances and similar property conveyance obligations to make the airport available For public use on reasonable conditions and without unjust discrimination. ~ The Iegisla5ve background For the provisions discussed in Chis AC began as early as 1938 and evolved under the Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and Aizport Improvement Program (AIP). Ac lso/s19o-~ 8!28/2006 4. liSE OF THIS AC. This AC addresses FAA's policy on minimum standards and provides guidance on developing effective minimum standards. This AC describes the sponsor's prerogative to establish minimum standards for commercial aeronautical service providers at federally obligated airports. Additionally, this AC provides guidance for self-service operations and self-service rules and regulation of other aeronautical activities. It does not address requirements imposed on nonaeronautical entities, which are usually addressed as part of the airport's contracts, leases, rules and regulations, and/or local laws. The FAA does not approve minimum standards. However, the FAA airports district and regional offices will review proposed minimum standards at the request of an airport sponsor. The FAA regional and district offices may advise airport sponsors on the appropriateness of proposed standards to ensure the standards do not place the airport in a position inconsistent with its Federal obligations. 5. RELATED READING b3ATERIALS. a. FAA Airport Compliance Requirements, Orders 190.6A, dated October 16,1989. b. Further information can be obtained at the Aizports District Office (ADO) in your area. A listing of ADOs can be found at httn://www.faa.eov/airports airtraffic/aimortslreeional guidance/. DAVID L. BENNETT Director, Office of Airport Safety and Standards 8/28/2006 SECTION 1. MINIMUM STANDARDS AC 150/5190-7 1.1. POLICY. The airport sponsor of a federally obligated airport agrees to make available the opportunity to engage in commercial aeronautical activities by persons, firms, or corporations that meet reasonable minimum standards established by the airport sponsor. The airport sponsor's purpose in imposing standards is to ensure a safe, efficient and adequate level of operation and services is offered to the public. Such standards must be reasonable and not unjustly discriminatory. In exchange for the opportunity to engage in a commercial aeronautical activity, an aeronautical service provider engaged in an aeronautical activity agrees to comply with the minimum standards developed by the airport sponsor. Compliance with the airport's minimum standards should be made part of an aeronautical service provider's lease agreement with the airport sponsor. The FAA suggests that airport sponsors establish reasonable minimum standards that are relevant to the proposed aeronautical activity with the goal of protecting the level and quality of services offered to the public. Once the airport sponsor has established minimum standards, it should apply them objectively and uniformly to all similarly situated on-airport aeronautical service providers. The failure tp do so may result in a violation of the prohibition against exclusive rights and/or a finding of unjust economic discrimination for imposing unreasonable terms and conditions for airport use. 1.2. DEVELOPING MINIMUM STANDARDS. a. Objective. The FAA objective in recommending the development of minimum standards serves to promote safety in all airport activities, protect airport users from unlicensed and unauthorized products and services, maintain and enhance the availability of adequate services for all airport users, promote the orderly development of airport land, and ensure efficiency of operations. Therefore, airport sponsors should strive to develop minimum standards that are fair and reasonable to all on- airport aeronautical service providers and relevant to the aeronautical activity to which it is applied. Any use of minimum standards to protect the interests of an exclusive business operation may be interpreted as the grant of an exclusive right and a potential violation of the airport sponsor's grant assurances and the FAA's policy on exclusive rights. b. Authoeity Vested in Airport Sponsors. Grant Assurance 22 Economic Nondiscrimination Sections (h) and (i) (see 49 U.S.C. § 47107) provides that the sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. Under certain circumstances, an airport sponsor could deny airport users the opportunity to conduct aeronautical activities at the airport for reasons of safety and efficiency.Z A denial based on safety must be based on evidenoe demonstrating that safety will be compromised if the applicant is allowed to engage in the proposed aeronautical activity. Airport sponsors should carefully scrutinize the safety reasons for denying an aeronautical service provider the opportunity to engage in an aeronautical activity if the denial has the possible effect of limiting competition. The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical activity ~ The word efficiency refers to the efficient use of navigable airspace, which is an Air Traffic Control &uncfion. It is not meant to be an interpretation that could be construed as protecting the "efficient" operation of an existing aeronautical service provider at the airport. AC 150/5190-7 8/28!2006 is encoumged to contact the local Airports District Office (ADO) or the Regional Airports Office before taking action. Those offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess the reasonableness and whether unjust discrimination results from the proposed restrictions on aeronautical activities based on safety and efficiency. c. Developing Minimum Standards. When. developing minimum standards, the most critical consideration is the particular nature of the aeronautical activity and operating environment at the airport. Minimum standards should be tailored to the specific aeronautical activity and the airport to which they are to be applied. For example, it would be unreasonable to apply the minimum standards for affixed-base operator (FBO) at a medimn or large hub airport to a general aviation airport serving primarily piston-powered aircraft. The imposition of unreasonable requirements illustrates why "fill- ip-the-blank" minimum standards and the blanket adoption of standards of other airports may not be effective. Instead, in Section 2 of this document, the FAA has provided guidance in the form of questions and examples to illustrate an approach to the development and implementation of minimum standards. It is important that the reader understand that what follows does not constitute a complete model for minimum standards, but rather a source of ideas to which the airport sponsor can turn when developing minimum standards. d. Sponsor Prerogative to Establish Minimum Standards. When the airport sponsor imposes reasonable and not unjustly discriminatory minimum standards far airport operations thraugh the use of reasonable minimum standards, the FAA generally will not find the airport sponsor in violation of the Federal obligations. Considerations for applying those standards may include, but are not limited to, the following: (1) Apply standards to all providers of aeronautical services, from full service FBOs to single service providers; (2) Impose conditions that ensure safe and efficient operation of the airport in accordance with FAA rules, regulations, and guidance; ("s) Ensure standards aze reasonable, not unjustly aiscriminatory, attainable, uniformly applied and reasonably protect the investment of providers of aeronautical services to meet minimum standards from competition not making a similar investment; (4) Ensure standards are relevant to the activity to which they apply; and (5) Ensure standards provide the opportunity for newcomers who meet the minimum standards to offer their aeronautical services within the market demand for such services. Note: There is no requirement for inclusion of nonaeronautical activities (such as a restaurant, pazking or car rental concession) in minimum standards since those activities are not covered under the grant assurances or covenants in conveyance of Federal property. e. Practical Conaiderations. Many airport sponsors include minimum standards in their lease agreements with aeronautical service providers. While minimum standards implemented in this manner can be effective, they also render the airport sponsor vulnerable to the challenges of prospective aeronautical service providers on the grounds that the minimum standards are not objective. The FAA encourages airport sponsors to publish their minimum standards periodically. Minimum standards can be amended periodically over time; however, a constant juggling of minimum standards is not encouraged. Notifying aeronautical service providers that the changes to 4 8/28/2006 AC 150/5190-7 minimum standards aze to improve the quality of the aeronautical service offered to the public can facilitate earlier acceptance of changes. An airport sponsor can provide for periodic reviews of the minimum standards to ensure that the standards continue to be reasonable. To foster a more receptive environment, the FAA encourages airport sponsors to include aeronautical users in the process leading to changes in minimum standards. f'. Factors to Consider. Numerous factors can and should be considered when developing minimum standazds. Airport sponsors may avoid unreasonable standazds by selecting factors that accurately reflect the nature of the aeronautical activity under consideration. It is impossible for the FAA to present every possible factor necessary for a task, mostly because of the vast differences that exist between individual airports. Obvious factors one should consider are: (1) What type of airport is at issue? Is it a large airport or a small rural airport? Will the airport provide service to only small general aviation aircraft or will it serve high performance aircraft and air taxi operators as well? (2) What types of aeronautical activities will be conducted on the airport? (3) How much space will be required for each type of aeronautical activity that may prospectively operate at the airport? (4) What type of documentation will business applicants be required to present as evidence of financial stability and good credit? (5) To what extent will each type of aeronautical activity be required to demonstrate compliance with sanitation, health, and safety codes? (6) What requirements will be imposed regarding minimum insurance coverage and indemnity provisions? (~ Is each minimmn standard relevant to the aeronautical activity for which it is to be --,: _ ~., ayy,icur g. New Versus Existing Aeronautical Service Providers. Airport sponsors are encouraged to develop minimum standards for new aeronautical business ventures it desires to attract to the airport. Minimum standards may be part of a competitive solicitation to encourage prospective service providers to be more responsive in their proposals. Minimum standazds can be modified to reflect the airport's experience and to be watchful for new opportunities (i.e. such as Specialized Aviation Service Operations (SASOs)). Minimum standards should be updated do reflect current conditions that exist at the airport and not those that existed in the past. In any case, once an airport sponsor receives a proposal for a new aeronautical business, it must ascertain whether the existing minimum standazds can be used for the new business or new minimum standards should be developed to better fit the new business venture. However, in all cases, the airport sponsor must ensure that in changing minimum standards for whatever reason, it is not applying unreasonable standards or creating a situation that will unjustly discriminate against other similarly situated aeronautical service providers. The FAA stands by the principle that once minimum standards have been established, airport sponsors must uniformly apply them to all similarly situated aeronautical service providers. Some points of consideration are as follows: (1) Can new minimum standards be designed to address the needs of both existing and future aeronautical business? If not, can a tiered set of minimum standards be developed to address the AC 150/5190-7 8/28/2006 same type of aeronautical activity but differ significantly in scale and investment (i.e. an FBO building large hangars and serving high performance aircraft and a second FBO building and only T-hangars and serving only smaller general aviation aircraft)? (2) Was the minimum standard created under a lease agreement (with a specific aeronautieai service provider) so the subject standard may not be reasonable if applied Yo other aeronautical service providers? (3) Has conformance to the minimum standards been made a part of the contract between the aeronautical service provider and the airport sponsor? (4) Has the financial performance of the airport improved or declined since the time the minimum standards were implemented? 1.3. MINIMUM STANDARDS APPLY BY ACTIVITY. Difficulties can arise if the airport sponsor requires that all businesses comply with all provisions of the published minimum standards. An airport sponsor should develop reasonable, relevant, and applicable standards for each type and class of service. a. Specialized Aviation Service Operations. When specialized aviation service operations (SASOs), sometimes known assingle-service providers or special FBOs, apply to do business on an airport, "all" provisions of the published minimum standards may not apply. This is not to say that all SASOs providing the same or similar services should not equally comply with all applicable minimum standards. However, an airport should not, without adequate justification, require that a service provider desiring to provide a single service or less than full service also meet the criteria for a full-service FBO. Examples of these specialized services may include aircraft flying clubs, flight training, aircraft airframe and powerplant repair/maintenance, aircraft charter, air taxi or air ambulance, aircraft sales, avionics, instrument or propeller services, or other specialized commercial flight support businesses. Airport sponsors generally do not allow fuel sales alone as a SASO, but usually require that fuel sales be bundled with other services. b. Independent Operators. If individual operators are to be allowed to perform asingle-service aeronautical activity on the airport (aircraft washing, maintenance, etc.), the airport sponsor should have a licensing or permitting process in place that provides a level of regulation and compensation satisfactory to the airport. Frequently, a yearly fee or percentage of the gross receipts fee is a satisfactory way of monitoring this type of operation. C. Self-Fueling and Other Self-Service Activities. Since self-service operations performed by the owner or operator of the aircraft using his or her own employees and equipment are not commercial activities, the FAA recommends that airport sponsor requirements conceming those non- commercial activities be separate from the document designed to address commercial activities. Airport roles and regulations or specific language in leases can better address requirements concerning self-service operations and other airport activities. Self-fueling means the fueling or servicing of an aircraft (i.e. changing the oil, washing) by the owner of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and other self-services cannot be contracted out to another party. Sel£ fixeling implies using fuel obtained by the aircraft owner from the source of his/her preference. As one of many self-service activities that can be conducted by the aircraft owner or operator by his or her own employees using his or her own equipment, self-fueling, differs from using. aself-service fueling pump made available by the airport, 8/28/2006 AC 150/5190-7 an FBO or an aeronautical service provider. The use of aself-service fueling pump is a commercial activity and is not considered self-fueling as defined herein. In addition to self-fueling, other self-aervice activities that can be performed by the aircraft owner with his or her own employees includes activities such as maintaining, repairing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the aircraft owner or his/her employees with resources supplied by the aircraft owner. Title 14 Code of Federal Regulations (CFR) Part 43 permits the holder of a pilot certificate to perform specific types of preventative maintenance on any aircraft owned or operated by the pilot. 1.4. THROUGH THE FENCE OPERATOR. The owner of an airport may, at times, enter into an agreement (i.e. access agreement or lease agreement) that permits access to the public landing area by independent operators offering an aeronautical activity or to owners of aircraft based on land adjacent to, but not a part of, the airport property. However, athrough-the-fence operation could undermine an airport's minimum standards unless the airport sponsor is careful to apply its minimum standards through an airport access agreement, including conditions to protect the airport's ability to meet all of its Federal obligations. a. No Obligation to Permit Through-the-Fence. The obligation to make an airport available for the use and henefit of the public does not require the airport sponsor to permit ground access by aircraft from adjacent property. Through-the-fence arrangements can place an encumbrance upon the airport property and reduce the airport's ability to meet its Federal obligations. As a general principal the FAA does not support agreements that grant access to the public landing area by aircraft stored and serviced off-site on adjacent property. ' In some cases, however, the airport sponsor may opt to grant through-the-fence access, but it should do so on a case-by-case basis and only when the airport retains its ability to meet its Federal obligations. To minimize the possibility of conflict between athrough-the-fence agreement and the airports' ability to meet its Federal obligations, the airport sponsor must retain the legal right to require the ofF site property owner or party granted access to the airport to conform in all respects to the requirements of any existing or proposed grant agreement or Federal properly conveyance obligation. This includes requirements to ensure operating safety and equitable compensation for use of the airport. Special safety and operational requirements should be incorporated into any access agreement to ensure that the through-the-fence access does not complicate the conffol of vehicular and aircraft traffic or compromise the security of the airfield operations area. Proposed new agreements granting access to a public landing area from off-site locations should be reported to the FAA Regional Airports Division with a full statement of the circumstances and a copy of the proposed through-the-fence or access agreement so the FAA can review it for consistency with the airport sponsor's Federal obligations and incorporate it into the current Airport Layout Plan (ALP). b. Access Agreement. Any through-the-fence access should be subject to a written agreement between the airport sponsor and the party granted access. The access agreement should specify what specific rights of access aze granted; payment provisions that provide, at a minimum, panty with similarly situated on-airport tenants and equitable compensation for the use of the airport; expiration date; default and termination provisions; insurance and indemnity provisions; and a clear statement that the access agreement is subordinate to the grant assurances and/or Federal property conveyance obligations and that the sponsor shall have The express right to amend or terminate the access agreement to ensure continued compliance with all grant assurances and Federal property conveyance obligations. AC 150/5190-7 8/28/2006 The access agreement should have a fixed contract period and the airport sponsor is under no obligation to accept a proposed assignment or sale of the access agreement by one party to another. It is encouraged that airport sponsors expressly prohibit the sale or assignment of its access agreement. 1.5. RESERVED. SECTION 2. GUIDANCE ON DEVELOPING MINIMUM STANDARDS 2.1. SAMPLE QUESTIONS. As a guide for the airport sponsor, the following series o£ questions are provided to address some of the various types of specific services or activities frequently offered to the public: a. Fuel Sales. The on-ahport sale of fuel and oil requires numerous considerations that include, but are not limited to, the physical requirements for a safe and environmentally sound operation. Some recommended considerations are listed below: (1) Where on the airport will the fuel Yanks be installed? Who will control access to the fueling site? What parties will be granted access to the site to receive fueling services? (2) Will fuel tanks be installed above or below ground? Will fuel trucks be utilized to fuel remotely parked aircraft? (3) Will the fueling operator have sufficient fuel capacity and types of fuel to accommodate the mix of aircraft using the airport? (4) How many days' supply of fuel will be available on airport? Are provisions to resupply the on-airport fuel tanks sufficient to ensure a continuous fuel supply? (5) Will the fueling operator have suitable liability insurance and indemnify the airport sponsor for liability for its .fueling operation, including fuel spills and environmental Cbn`ealYniriailCn? b. Personnel Requirements. An aeronautical service provider's need for personnel will be dictated by the size of the airport and the public demand for aeronautical services. In all instances, an airport sponsor will be well advised to ensure that aeronautical service providers have sufficient personnel to run their operation safely and meet aeronautical demand for the services in question. Naturally, the personnel requirements will vary with the specific aeronautical service being offered. (1) How many fully trained and qualified personnel will be available each day and over what hours to provide aeronautioal services? Will this reasonably meet the demand by aeronautical users? (2) Describe the training and qualifications of personnel engaged in the services provided to aeronautical users. c. Airport and Passenger Services. This is a necessary consideration in those instances where the airport has aeronautical service providers engaged in handling services for air carrier and/or cargo carriers that do not provide their own support personnel on-site: 8/28/2006 AC 150/5190-7 (1} Provide a list of the equipment and services (both above and below wing) that will be provided by the aeronautical service provider, including ground power units, over night parking areas, towing equipment, starters, remote tie-down azeas, jacks, oxygen, compressed air, fire repair, sanitary lavatory service, ticketing and passenger check-in services, office and baggage handling services and storage space. (2) What provisions have been made regarding passenger conveniences and services? (a) Access to passenger loading bridges/steps, sanitary rest rooms, boarding hold rooms, telephones, food and beverage service, and other passenger concessions. (b) Access to concession and ground transportation services for the benefit of passengers and/or erewmembers. d. Flight Training Activities. On-airport flight training can be provided by the airport sponsor/owner or by a service provider. The minimum standards imposed on flight instruction operations should take the following information into consideration: (l) What type of flight training will the service provider offer? (2) What arrangements have been made for the office space the school is required to maintain under 14 CFR 141.25? What is the minimum amount of classroom space that the service provider must obtain? (3) Will flight training be provided on a full-time or part-time basis? (4} What type of aircraft and how many will be available for training at the on-airport location? (5) What provisions have been made for the storage and maintenance of the aircraft? (61 What provisions will be made for rest roams, briefing rooms, azd food service? (7) What coordination and contacts exist with the local Flight Standards District Office? e. Aircraft Engine/Aecesaory Repair and Maintenance. The applicant for an on-airport repair station is subject to several regulatory requirements under 14 CFR Part 145 Repai~~ Stations. Depending on the type and size of the proposed repair station, the following questions may provide helpful guidelines: (1) What qualifications will be required of the repair station employees? Typically, the holder of a domestic repair station certificate must provide adequate personnel who can perform, supervise, and inspect the work for which the station is rated. (2) What repair station ratings does the applicant hold? (3) What types of services will the repair station offer to the public? These services can vary from repair to maintenance of aircraft and include painting, upholstery, etc. AC 150/5190-7 8/2812006 (4) Can the applicant secure sufficient airport space to provide facilities so work being done is protected from weather elements, dust, and heat? The amount of space required will be directly related to the largest item or aircraft to be serviced under the operator's rating. (5) Will suitable shop space exist to provide a place for machine tools a-rd equipment in sufficient proximity to where the work is performed? (6) What amount of space will be necessary for the storage of standard parts, spare parts, raw materials, etc.? ('~ What type of lighting and ventilation will the work areas have? Will the ventilation be adequate to protect the health and efficiency of the workers? (8) If spray painting, cleaning, or machining is performed, has sufficient distance between the operations performed and the testing operations been provided to prevent adverse affects on testing equipment? f. Skydiving. Skydiving is an aeronautical activity. Any restriction, limitation, or ban on skydiving on the airport must be based on the grant assurance that provides that the airport sponsor may prohibit or limit aeronautical use for the safe operation of the airport (subject to FAA approval}. The following questions present reasonable factors the sponsor might contemplate when developing minimum standards that apply to skydiving: (I) Will this activity present or create a safety hazard to the normal operations of aircraft arriving or departing from the airport? If so, has the local Airports District Office (ADO) or the Regional Airports Office been contacted and have those FAA offices sought the assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess whether safe airport opemtions would be jeopazdized? (2) Can skydiving operations be safely accommodated at the airport? Can a drop zone be safety established within the boundaries of the airport? Is guidance in FAA AC-90-66A Recommended Standards Trafn"c Patterns and Practices for Aeronautacat Operations at Airports Withozet Operating Control Towers, 14 CFR Part 105 and United States Parachute Association's (USPA) Basic Safety Requirements being foliowed7 (3) What reasonable time periods can be designated for jumping in a manner consistent with Part 105? What experience requirements are needed for an on-airport drop zone? (4) What is a reasonable fee that the jumpers and/or their organizations can pay for the privilege of using airport property? (5) Has the relevant air traffic control facility been advised of the proposed parachute operation? Does the air traffic control facility have concerns about the efficiency and utility of the airport and its related instrument procedures? (6) Will it be necessary to determine the impact of the proposed activity on the efficiency and utility of the airport, related instrument approaches or nearby Instrument Flight Rules (IFR)7 If so, has FAA Air Traffic reviewed the matter and issued a fmding? g. Ultralight Vehicles and Light Sport Aviation. The operation of ultralights and light sport aircraft are aeronautical activities and must, therefore, be generally accommodated on airports that have been 10 8/28/2006 AC 150/5190-7 developed with Federal airport development assistance. Airport sponsors are encouraged to consider some of the following questions: (1) Can ultralight aircraft be safely accommodated at the airport? Is guidance in FAA AC-90- 66A Recommended Standards Traffic Patterns and Practices for Aeronautical Operations at Airports Without Operating Control Towers and 14 CFR Part 103 being followed? (2) Can all types of Light Sport aircra8 be safely aecomrnodated at the airport? (3) Will this activity present or create a safety hazard to the normal operations of aircraft arriving or departing from the airport? If so, has FAA Flight Standards reviewed the matter and issued a finding? (4) Will an FAA airspace study be necessary to determine the efficiency and utility of the airport when considering the proposed activity? If so, has FAA Air Traffic reviewed the matter and issued a finding? h. Fractional Aircraft Owneeship. Fractional ownership programs are subject to an FAA oversight program similar to that provided to air carriers, with the exception of en route inspections. The FAA has for a long time and under certain circumstances, interpreted an aircraft owner's right to setf- serdree to include operators. Far example, a significant number of aircraft operated by airlines are not owned but leased under terms that give the operator airline owner-like powers. The same is true for other aeronautical operators such as charter companies, flight schools, and flying clubs, which may not hold title to the aircraft, but through leasing arrangements, for example, retain full and exclusive control of the aircraft for long periods of time. The same is true of 14 CFR Part 91 Subpart K. Fractional ownership companies are subject to operational control responsibilities, maintenanoe requirements, and safety requirements not unlike 14 CPR Part 135 operators. For additional information on fractional ownership, contact your local Flight Standards District Office. i. Other Requirements. When drafting minimum standards documents, airport sponsors may have to take into account other Federal, state, and local requirements. This includes Federal requirements and guidance by the Transportation Sat"ety Administration (TSnI and the Environrnentai Protection Agency (EPA), state requirements such as aircraft registration (in some states) and local fire regulations. For guidance on matters such as these, please contact the FAA's Airports District Office (ADO) in your area and/or state aviation agency. A Listing of ADOs can be found at ham://www.faa.¢ov/airnorts airtraffic/airports/reeional guidance/. Information and contacts regarding state aviation agencies is available at http://www.nasao.ore/. 2.2. THROUGH 2.5. RESERVED. 11 AC 150/5190-7 8/28/2006 APPENDIX 1. DEFINITIONS 1.1. The following are definitions for the specific purpose of this AC. a. Aeronautical Activity. Any activity that involves, makes possible, or is required for 4he operation of aircraft or that contributes to or is required for the safety of such operations. Activities within this definition, commonly conducted on airports, include, but are not limited to, the following: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircrafr rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircra8 parts, pazachute or ultralight activities, and any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. Activities, such as model aircraft and model rocket operations, are not aeronautical activities. b. Airport. An azea of land or water that is used, or intended to be used, for the aircraft takeoff and landing. It includes any appurtenant areas used, or intended to be used, For airport buildings or other airport facilities or rights-of--way, together with all airport buildings and facilities located thereon. It also includes any heliport. c. Airport District Office (ADO). These FAA offices are outlying units or extensions of regional airport divisions. They advise and assist airport sponsors with funding requests to improve and develop public airports. They also provide advisory services to the owners and operators of both public and private airports in the operation and maintenance of airports. See the FAA Web site for a complete listing of all ADO offices at httn://www.faa. ov irQorts airtmffic/airporCS(reeional guidanceL d. Airport Sponsor. The airportt sponsor is either a public agency or a private owner of a public-use airport that submits Co the FAA an application for financial assistance (such as AIP grants) for the airport. In accepting an application for financial assistance, the FAA will ensure that the airport sponsor is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required of sponsors, which are contained in the AIP grant agreement and property conveyances. e. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The fueling facility may or may not be attended. F. Exclusive Right. A power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred either by express agreement (i.e. lease agreement), by the imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights, would be an exclusive right. g. Federal Airport Obligations. All references to a Federal grant program, Federal airport development assistance, or Federal aid contained in this AC are intended to address obligations arising from the conveyance of land or from grant agreements entered under one of the following acts: (1) Surplus Property Act of 1944 (SPA), as amended, 49 U.S.C. §§ 47151-47153. Surplus property instruments of transfer were issued by the Waz Assets Administration (WAA) and are now issued by its successor, the General Services Administration (GSA). However, the law imposes upon the FAA (delegated to FAA from The Department of Transportation) the sole responsibility for determining and enforcing compliance with the terms and conditions of 12 8/28/2006 AC 150/5190-7 all instruments of transfer by which surplus airport property is or has been conveyed to non- Federal public agencies pursuant to the SPA. 49 U.S.C. § 47151(b). (2) Federal Aid to Airports Program (FAAP). This grant-in-aid program administered by the agency under the authority of the Federal Airport Act of 1946, as amended, assisted public agencies in the development of a nationwide system of public airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport Development Aid Program (ADAP) of 1970. (3) Airport Development Aid Program (ADAP). This grant-in-aid program administered by the FAA under the authority of the Airport and Airway Development Act of 1970, as amended, assisted public agencies in the expansion and substantial improvement of the Nation's airport system. The 1970 act was repealed and superseded by the Airport and Airway Improvement Act of 1982 (ARIA). (4) Airport Improvement Program (AIP). This grant-in-aid program administered by the FAA under the authority of the Airport and Airway Improvement Act of 1982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient nationwide system of public-use airports that meet the present and future needs of civil aeronautics. h. Federal Grant Assurance. A Federal grant assurance is a provision within a Federal grant agreement to which. the recipient of Federal airport development assistance has agreed to comply in consideration of the assistance provided. Grant assurances are required by statute, 49 U.S.C. § 47101. i. Fixed-Base Operator (FBO). A commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction, etc. j. Fractional Ownership. Fractional ownership operations are aircraft operations that fake place under the auspices of 14 CFR Part 91 Subpart K. This type of operation offers aircraft owners increased flexibility in the ownership and operation of aircraft including shared or joint aircraft ownership. It provides for the management of the aircraft by an aircraft management company. The aircraft owners participating in the program agree not only to share their own aircrafr with others having a shared interest in that aircraft, but also *w lease their aireraR±o other owners in the progra,:. (dry lease exchange program).3 A fractional owner or owner means an individual or entity that possesses a minimum fractional ownership interest in a program aircraft and that has entered into the applicable program agreements. For additional information, please see 14 CFR 91.1001 Applicability at http:/{www.access.gpo.eov/nara/cfr/waisidx 04/14cfr91 04.htm1 and contact your local Flight Standards District Office. k. Grant Agreement. A Federal grant agreement represents an agreement made between the FAA (on behalf of the United States) and an airport sponsor for the grant of Federal funding. 1. Public Airport. Means an airport open for public use that is publicly owned and controlled by a public agency. m. Public-Use Airport. Means either a public airport or a privately owned airport open for public use. ' A dry lease airerafl exchange means an arrangement, documented by the written program agreements, under which program aircraft are available, on an as needed basis without crew, to each fractional owner. 13 AC 150/5190-7 8/28/2006 n. Specialized Aviation Service Opez•ationa (SASO). SASOs are sometimes known as single- service providers or special FBOs performing less than full services. These types of companies differ from a full service FBO in that they typically offer only a specialized aeronautical service such as aircraft sales, flight training, aircraft maintenance, or avionics services for example. o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft (i.e. changing the oii, washing) by the owner of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and other self-services cannot be contracted out to another party. Self-fueling implies using fuel obtained by the aircraft owner from the source of his/her preference. As one of many self-service activities that can be conducted by the aircraft owner or operator by his or her own employees using his or her own equipment, self-fueling, differs from using aself-service fueling pump made available by the airport, an FBO, or an aeronautical service provider. The use of a self-service fueling pump is a commercial activity and is not considered self-fueling as defined herein. In addition to self-fueling, other self-service activities that can be performed by the airoraft owner with his or her own employees includes activities such as maintaining, repairing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the aircraft owner or hislher employees with resources supplied by the aircraft owner. p. Through-the-Fence Operations. Through-the-fence operations are those activities permitted by an airport sponsor through an agreement that permits access to the public landing area by independent entities or operators offering an aeronautical activity or to owners of aircraft based on land adjacent to, but not a part of, the airport property. The obligation to make an airport available for the use and benefit of the public does not impose any requirement for the airport sponsor to permit ground access by aircraft from adjacent property. 14 0 m cQ a ~ > > ~U a= m !? a a o a a o w .R. y c a y m a a E d¢ E e v Sy ~p R d V C O aV w `i ~ ~ ~ 1 ° - ~ '; y ' ~ b - a ,.. ., "s'. ,.,,,,. A ¢ F 0 ~ G `o . ,, F a.. a Y E...- :rc r ~ , =. 0 €._.ti a ~ :e w U Uv s ~ ~ °e'~ ,.. ^:6:£ ~ m~ u f s Minimum Standards for Commercial Aeronautical Activities The information contained in this booklet is intended as a guide in under- standing the rules, procedures, and policies applicable to minimum stan- dards for commercial aeronautical activities. It is not intended to replace the necessary research and review of applicable law that may be required in a particular case. It is not intended to give legal advice or take the place of an attorney who can advise with respect to a particular situation. While every care has been exercised in the preparation of this booklet, AOPA cannot and does not accept responsibility for an individual's reliance on its contents. This publication was prepared by the AOPA Regional Affairs Department. Bill Dunn, Vice President Jeff Gilley, Senior Director of Airports Miguel Vasconcelos, Director Mary Catherine Tennant, Director ASN ~uunu Pq AIRCRAFT OWNERS AND PLOTS ASSOCIATION Copyright ©AircraR Owners and Pilots Association 1998 Table of Contents Preface ...............................................3 Definitions ............................................5 Sample Minimum Standards ................................8 Introduction ........................................8 Statement of Policy ...................................8 General Requirements ................................I I Restrictions on Self-Service ............................14 Additional Guidance ....................................I S References ...........................................16 Preface The owners and operators df many of the nation's more than 4,000 publicly- owned airports routinely allow businesses and individuals to conduct com- mercial aeronautical activities on airport property. Typically, the business operators must sign a (ease or contract in which they agree to comply with minimum standards set by the airport owner/operators. These minimum standards are intended to protect the level and quality of services offered to aircraft owners, pilots, and the public at large. The FAA urges airport sponsors to establish reasonable minimum standards that are refeuant to the aeronautical activity being proposed. The FAA stresses that, where minimum standards are adopted, they should be applied objectively and uniformly to all on-airport commercial aeronauti- cal activities. Imposing unreasonable or onerous minimum standards on air- port businesses may violate the FAA's policy on exclusive rights. Airports owner/operators who receive federal financial assistance must agree to uphold that policy. When developing minimum standards, each airport owner/operator must examine what makes its airport different from other airports. Minimum stan- dards should be tailor made for the airport to which they will be applied. Fill-in-the-blank minimum standards, which may be copied from other air- ports serving different roles, are not effective. For instance, it would be unreasonable for the owner/operator of a small rural airport to require a fixed base operator (FBO) at the airport to provide jet fuel if no jet aircraft utilize the field. Many individual elements must be examined in developing minimum stan- dards for commercial aeronautical activities on airports. The following ele- ments are often considered in setting minimum standards: • What type of airport are we talking about? Is it a small general aviation airport with limited aircraft operations and few based aircraft? Is it a busy reliever airport located in or near a metropolitan area? Is it an airport used by air taxi or commuter services? Or is it an airport that accommodates scheduled air- line service? • What types of businesses will be operating at the airport? What types of products and services are in demand at the air- port? a How much space will be required for each activity? Will the businesses need to rent airport property? Under what terms and conditions can specialized aviation service operations (SASOs) be accommodated? • What minimum insurance coverage and indemnity provi- sions will be needed? • Is each minimum standard directly related to the aeronauti- cal activities to which it will be applied? • What are the responsibilities of airport businesses regard- ing snow removal or facility maintenance? • If flight training will be provided to the public, should it be on a full-time or part-time basis? How many and what types of aircraft should be involved? What types of training should be provided? What provisions should be made for storage and maintenance of aircraft? Even when careful planning goes into establishing minimum standards, cir- cumstances may change. That's why flexibility is the key to establishing and maintaining relevant minimum standards. Periodic reviews of minimum Stan- dards can ensure that they continue to be reasonable as the public's demand for general aviation products and services changes. This booklet offers some guidelines for establishing fair and reasonable mini- mum standards. It includes a list of issues to consider when evaluating min- imums and a sample set of minimum standards to use as a guide. Definitiar~s The following definitions explain how terms will the used in the sample minimum standards included in this booklet. • Aeronautical Activity: Any activity conducted on airport property that makes the operation of an aircraft possible or that contributes to or is required for the safe operation of aircraft. The following activities are among those considered to be aeronautical activities within this defini- tion: Charter operations Pilot training Aircraft rental Sightseeing Aerial surveying Crop dusting Air carrier operations (both airline passenger and air cargo) Aircraft sales and service - Aviation fuel and oil sales (whether or not conducted in con- junction with other included activities) - Repair and maintenance of aircraft - Sale of aircraft parts - Any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity. • Aviation-Related Activity: Any activity conducted on airport property that provides service or support to aircraft passengers or air cargo. The following are examples of aviation-related activities as opposed to aeronautical activities: - Ground transportation - Restaurants - Auto parking lots - Concessions - Any other service or support activities that can appropriately be called aviation-related. • Aereement or Lease: A contract executed between the airport and an entity granting a concession that transfers rights or interest in prop- erty, or otherwise authorizes the conduct of certain activities. The agreement or lease must be in writing, executed by both parties, and enforceable by law. • Air Charter: An entity that provides on-demand, non-scheduled passenger service in aircraft having no more than 30 passenger seats. This entity must operate under the appropriate federal aviation regula- tions (FARs). • Aircraft Maintenance: The repair, maintenance, adjustment, or inspection of aircraft. Major repairs include major alterations to the air- frame, powerplant, and propeller as defined in Part 43 of the fARs. Minor repairs include normal, routine annual inspection with attendant maintenance, repair, calibration, adjustment, or repair of aircraft and their accessories. • Airport Operating Area (AOAj: The ramp, apron, runway, and taxiway system at the airport. • Airport Layout Plan fALPI: A drawing depicting the physical lay- out of the airport that identifies the location and configuration of run- ways, taxiways, buildings, roadways, utilities, navaids, etc. The ALP must also show planned airport development. • Rpron: A paved area suitable for aircraft staging and parking. • Assurance: A provision contained in a federal grant agreement to which the recipient of federal airport development assistance has volun- tarily agreed in consideration for the assistance provided. • Commercial Aeronautical Aetivity: Any aeronautical activity intended to secure earnings, income, compensation, or profit, whether or not such objectives are accomplished. • Commercial Aviation Operator: A commercial aviation operator may be classified as either a fixed base operator (FBO) or a specialized aviation service operator (SASO). • n i : A person, persons, firm, partnership, limited liability com- pany, corporation, unincorporated proprietorship, association, or group. • Eauioment: All personal property and machinery together with the necessary supplies, tools, and apparatus necessary for the proper con- duct of the activity being performed. • Exclusive Rieht: A power, privilege, or right that excludes another from enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred by express agreement, by the imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties but excluding others would be an exclusive right. • FAA: Federal Aviation Administration FAR: Federal Aviation Regulation • Federal Airport Oblieations: All references to federal grant pro- grams, federal airport development assistance, or federal aid intended to address contractual commitments arising from the conveyance of land or from grant agreements. • Fixed Base Operator (FBOj: An entity that is authorized and required by agreement with the airport to provide, at a minimum, the following aeronautical activities at the airport: - Sale of aviation fuel and oil Tie-down, hangaring, and parking - Aircraft maintenance - .Aircraft washings - Ancillary aircraft ground services - Flight instruction • Grant Agreement: Any agreement made between and airport sponsor and the FAA, acting on behalf of the United States, for the grant of federal funding or a conveyance of land, either of which the air- port sponsor agrees to use for airport purposes. • Im~rrovements: All buildings, structures, and facilities. Improvements may include pavement, fencing, signs, and landscaping that is constructed; installed; or placed on, under, or above any leased area. • Lease: A contract between the airport ownerloperatdr and an enti- ty granting a concession that transfers rights or interests in property, or otherwise authorizes the conduct of certain activities. The lease must be in writing, executed by both parties, and enforceable by law. • Land Use Identification Plan: A scaled, dimensional layout of the entire airport property, the primary purpose of which is to indicate the current and proposed use for each identifiable segment of property as well as the airport sponsor's intentions for the future allocation of air- port property. The plan should identify areas dedicated to aeronautical activities and services such as fuel storage, general aviation, passenger loading, air freight and cargo handling, common use aircraft parking, and public automobile parking. Additionally, the plan should identify areas dedicated to future expansion. The land use identification plan may take the 6orm of an airport master plan. • Minimum Standards: The criteria established by an airport owner as the minimum requirements that must be met by businesses in order to engage in providing on-airport aeronautical activities or services. • erat r: As used in these minimum standards, the term operator refers to both commercial operators and non-commercial operators. • Specialized Aviation Service Operation (SASO): An aeronautical business that offers a single or limited service. • o r: A local municipal or state government body, or a private entity obligated to the federal government to comply with the assur- ances contained in grant agreements or property conveyance instru- ments. Asponsor may be an entity that exists only to operate the air- port, such as an airport authority established by state or local law. For the purposes of this document, the terms airport sponsor and airport owner are used interchangeably. • Sublease: A lease agreement entered into by a lessee with another entity that transfers rights or interests in property or facilities, and That is enforceable by law. • "Throueh the Fence" Rights: Rights to direct access to the air- port from private property contiguous to the airport. The term also refers to the right to engage in commercial aeronautical activities at the airport without an agreement with the authority. to Sample Minimum Standards Introduction In order to encourage and ensure the provision of adequate services and facilities, the economic health of, and the orderly development of aviation and related aeronautical activities aY the (airport), the as proprietor, sponsor, and operator of the air- port has established these minimum standards and requirements ("minimum standards"). The following sections set forth the minimum standards prerequisite to a person or entity operating upon and engaging in one or more commercial aeronautical activities at the airport. The minimum standards are not intended to be all-inclusive. Any person or entity engaging in aviation oper- ations and/or aeronautical activities at the airport will be required to comply with all applicable federal, state, and local laws; ordinances; codes; and other similar regulatory measures pertaining to such activities. Statement o/ Policy The (airport) intends to operate, manage, plan, finance, and develop the airport for its long-term financial health and safety in a manner consistent with accepted airport practices and applicable federal, state, and local policies and regulations. Accordingly, all applicants who perform commercial aeronautical activities at the airport shall be accorded a fair and reasonable opportunity, without unlawful discrimination, to qualify and to compete (if applicable) to occupy available airport facilities. Applicants shall also have the opportunity to pro- vide appropriate aeronautical activities subject to the minimum standards as established by the (airport sponsor). However, the granting of rights and privileges to individuals and businesses to engage in aeronautical activities shall not be construed in any manner as affording any operator any exclusive right for use of the premises and/or facilities at the airport, other than those premises which may be leased exclusively to any operator, and then only to the extent provided in a writ- ten lease and/or permit. While the airport director has the authority to manage the airport (including the authority to interpret, administer, and enforce airport agreements and airport owner policies and the authority to permit temporary, short-term occupancy of the airport), the ultimate authority to grant the occupancy and 11 use of airport real estate or permits allowing for the conduct of commercial aeronautical activities, and to approve, amend, or supplement all leases and permits is expressly reserved to the (airport sponsor). Many types of aeronautical activities may exist that are too varied to rea- sonably permit the establishment of specific minimum standards for each. When specific aeronautical activities that are proposed for conduct on the airport that do not fall within the categories documented, minimum stan- dards can be developed on a case-by-case basis, taking into consideration the desires of the applicant and the airport, and the public demand for such service. Often, a simple permit process can be utilized to authorize such activities. Specialized Aviation Service Operation (SASO) The (airport) recognizes that when specialized aviation service operations (SASOs), sometimes known as single service operators or special fixed base operators, apply to do business on the airport, difficulties can arise if the SASOs are required to comply with all provisions of published minimum standards. Accordingly, the Airport may develop reasonable, rele- vant, and applicable standards for each type and class of service. Examples of these specialized services may include flight training, airframe and power plant repair and maintenance, aircraft charter, air taxi or air ambulance, air- craft sales, avionics, instrument or propeller services or other specialized commercial flight support businesses. These minimum standards may be supplemented, amended, or modified by the airport owner/operator from time to time and in such manner and to such extent as is deemed reason- able and appropriate by the (airport owner/operator). Conflicts with Existing Agreements or Federal Law These minimum standards are not retroactive. They do not affect the current term of any written agreement properly executed prior to the date of adop- tion and approval of these same minimum standards. Upori expiration of an existing agreement, or if the operator desires to materially increase or expand its activities, the operator shall then comply with the provisions of these minimum standards. R requirement under these minimum standards or an agreement that an operator comply with applicable local or state law does not create an opportunity or right in a sponsor or airport to enact or enforce local ordinance which is preempted under federal law. This includes any attempt to regulate airspace or the conduct of flight operations. 12 General Requirements The following general requirements shall apply to all commercial aeronautical activities at the airport. An operator engaging in a commercial aeronautical activity or activities at the airport must comply with the general require- ments of this section. I. Agreement: No entity shall conduct a commercial aeronautical activ- ity unless a valid agreement authorizing such activity has been entered into by the entity and the airport sponsor. The agreement will have a maximum initial term of 20 years. At the request of the service provider, the airport ownerloperator may provide for options( extensions of the agreement under agreed-upon terms and conditions. The agreement will present the terms and conditions under which the activity will be conducted at the airport, including but not limited to: term of the agreement; rentals, fees, and charges; and the rights and obligations of the respective parties. 2. Fees and Charees: The operator shall pay the fees and charges nego- tiated with the airport sponsor for the applicable aeronautical activities. Information relative to fees and charges applicable to the aeronautical activity described will be made available to the prospective operator by the airport manager. 3. Leased Premises: [Note: Under the terms and conditions applied to specialized aviation service operations (SASO), a ground rental lease may not be required. For all others, the following leased premise guide- lines apply] The operator shall lease, sublease, or construct sufficient ground space, facilities, and accommodations for the proposed aeronautical activity. When more than one activity is proposed or when the operator will be conducting activities from an FBO leasehold as an approved sublessee, the minimum lease terms may vary depending on the nature of each activity. The operator must provide a full description and conceptual drawing [if required] of the location of the ground space, facilities, and accommoda- tions to be utilized for the operator's proposed aeronautical activity. The operator must also provide a schedule of development and identify the location of aircraft parking and staging areas, general aviation customer lounges, vehicle parking, and restrooms. 13 The ground space shall include an appropriate aircraft parking apron with tiedown and/or hangar facilities sufficient to accommodate the cur- rent aeronautical activity and the types of general aviation aircraft fre- quentingthe airport. Ground space shall also accommodate paved road- ways and vehicle parking facilities which do not enter the AOA. The facilities and floor space allotments shall include office and cus- tomer lounge facilities which must be properly heated, ventilated, cooled, and lighted. General aviation user accommodations shall include telephones for customer use, restrooms, and sufficient on-site customer vehicle parking spaces. Access for "Through the Fence" commercial aeronautical activities will be assessed on a case-by-case basis. In all such cases, authorization for such access will consider any applicable federal regulation with which the airport must comply such as FAR Parts 107 [security] and 139 [air- port certification]. 4. Site Development: Detailed development plans must be submitted to the airport owner through the airport manager's office. All construc- tions plans must be submitted for approval prior to modification or con- struction of any building, hangar, or other aeronautical facility on the leased premises. Operators must maintain the leased premises in a neat and orderly con- dition and provide the necessary personnel to perform day to day opera- tional duties and maintenance upon the facilities. 5. Products and Services; Products and services sha!! be provided on a fair, equal, and non-discriminatory basis to all users of the airport. These products and services shall be provided at fair, reasonable, and non-discriminatory prices. If lawful, reasonable and non-discriminatory discounts and other similar types of price reductions may be extended to Tike purchasers and users. 6. Licenses. Permits. and Certifications: The operator shall obtain and comply with all necessary licenses and permits for the conduct of anticipated activities at the airport required by the airport owner or any other duly authorized governmental agency having jurisdiction. The operator shall not engage in any activities at the airport prior to obtain- ing any certification required by the FAA. 14 7. Personnel: The operator shall have in its employ, and on duty during defined operating hours, trained personnel in such numbers as are required to meet minimum standards herein. The operator shall also provide an employee in the office to supervise the operations on the leased premises. This employee must be able to address the service and product needs of aircraft owners and pilots. Such person shall be authorized to represent and act for, and on behalf of, the operator dur- ing all business hours. All personnel are required to hold appropriate FAA certificates and ratings, as applicable. 8. Payment of Rents and Fees: No entity shall be permitted to engage in commercial aeronautical activities unless said entity is current in the payment of all rents, fees, or other sums accruing to the airport under any and all agreements. 9. Laws. Rules. and Reeulations: Any provider of commercial aero- nautical activities and services at the airport shall engage in those activ- ities only in accordance with all applicable iaws, rules, and regulations of the federal government, the state of ,and all other governmental bodies having jurisdiction, including the regulations of the FAR, the U.S. Department of Transportation, and the airport owner. B 0. Insurance Reguirements: The following insurance requirements apply to those operators who provide an aeronautical service on airport property: • Comprehensive general liability insurance, including, if applica- ble, products, completed operations, and hangar keepers liability. • Aircraft liability insurance, if applicable. For flight training and rental activities, the operator will be required to notify the customer as to whether or not any of the operator's insurance coverage applies to the customer while using the operator's aircraft. • Workers compensation insurance, if applicable. • Ground vehicle liability insurance, if applicable. Prior to using the airport property the operator will provide the airport with a certifi- cate(s) of insurance identifying the policies described above. The certifi- cate(s) will include a provision that gives the airport 30 days prior writ- ten notice of any modification or cancellation to the insurance policy. (Note: Some airports will specify in the minimum standards that they want to be identified as an additional insured on the operator's policy. Additionally, the minimum standards may also include 15 Indemnification/hold harmless provisions. However, these requirements are more often addressed in the lease agreement and therefore are not included here.) A I Assienments Subletting and Encumbrances: All assignments, subletting, and encumbrances of agreements between an authorized operator and another entity must receive prior written approval of the airport operator. A request for such written permission, prepared in as much detail as required by the airport, will be submitted to the airport through the air- port manager for its review and approval, which will be completed in a timely fashion. This does not apply to activities provided for under the terms of an existing agreement, including rental to tie-downs and hangar space for aircraft storage. Permission will not be unreasonably withheld and response to requests will be made within 45 days of receipt by the airport. 12. Taxes: The operator shall, at its sole cost and expense, pay any and ail taxes, which now or in the future may be assessed against the lease- hold land, improvements thereto, or otherwise assessed upon its opera- tions. 13. Sienaee: The operator shall not erect, maintain, or display any sign on the leased premises or elsewhere on the airport unless he first obtains the prior consent of the airport manager. All signage must meet the requirements of the airport. 14. Environmental tom lin ante: All operators who disoense fuel, store fuel, and perform aircraft maintenance shall strictly comply with all federal, state, and local laws, rules, and regulations concerning the handling, use, and storage of fuel, oil, solvents, chemicals, and other hazardous materials. Operators will first obtain approval from the airport before engaging in, or permitting on the leased premises, the stripping and/or painting of aircraft or any other vehicles. 15. Safety of Others: All aeronautical activities at the airport shall at all times be conducted with due consideration to the safety of all airport users, other persons, and property located at or about the airport. 16 1 fi. Hours of Operation: Operators providing fueling, customer servic- es, and ancillary services shall be available to the public a predetermined number of hours per day, seven days per week. Restrictions on Self-Service In accordance with FAA policy, the airport owner/operator may not exercise any right or privilege that would have the effect of preventing the operator of any aircraft utilizing the airport from performing services on his or her own aircraft with his or her own employees and equipment. Aircraft owners are entitled to use the landing area of the airport and may tie-down, adjust, repair, refuel, clean, and otherwise service their own aircraft, provided the service is performed by the aircraft owner. Any unreasonable restrictions imposed on owners or operators of aircraft by airport commercial operators wil( be construed as a violation of airport policy. 17 Additional Guidance The following questions addressing two examples of commercial aeronautical activities are intended as a general guide for airport operators, prospective providers of products or services on airports, aircraft owners, and pilots. • Fuel and Oil Sales • Will fueling facilities need to be provided, and if so where should they be located? - Will the fueling equipment be above-ground? Have all environ- mental laws and considerations been addressed? - What types of aircraft will require service? What fuel types should be offered? What are the physical space requirements for current and future needs? - What capacity for fuel storage is required for current and future demand? - What staffing and training requirements should be established? • Ffieht Trainine Activities - Will flight training be provided on a full-time or part time basis? Lease arrangements for flight schools as well as for SASOs will be accommodated. - What space accommodations will be necessary if the school is required to comply with provisions of FAR 141? - What types of aircraft and how many aircraft will be required for training purposes and to meet the demand for these prod- ucts and services? - How will aircraft maintenance and storage requirements be addressed? - What types of training will be provided currently and in the future? Similar general questions should be formulated for other commercial aeronautical activities that may be provided on airports, including air- craft charter and taxi, aircraft engine/accessory repair and maintenance operations, aircraft painting, prop and radio shops, and other such serv- ices as may be required by aircraft owners and pilots. 18 Airport ownersloperators should keep in mind that the FAA is now considering formal recognition of limited commercial activities as being specialized aviation service operations (SASOs) through which single or limited services can be provided. Airports should also provide for periodic reviews of all airport minimum standards in order to ensure that the established minimum standards continue to be reasonable as demand for products and services changes. 19 References AOPA research that went into the preparation of this booklet included a review of numerous minimum standards documents produced by various air- port owners/operators throughout the country. Additional guidance was obtained from the FAA Advisory Circular 150/5190- I A entitled "Minimum Standards for Commercial Aeronautical Activities on Public Airports" dated December 16, 1985. This circular has been updated and rewritten by the FAA with considerable participation by AOPA. Far the purpose of producing this AOPA guidance material, we have incor- porated "new" terminology -such as the "Specialized Aviation Service Operation" (SASO) -which is introduced in the final draft version of the "new" FAA minimum standards advisory circular. The FAA's updated guid- ance will also incorporate the rewrite of another dated FAA advisory circular concerning exclusive rights, and will be titled Exclusive Rights And Minimum Standards For Commercial Aeranautica[ Acfiuities And Services. After its release, AOPA plans to make the new advisory circular available as an attachment to this publication. 20 Minimum Standards for Providing Airport Services at the City of Kalispell CI:T" AIRPORT ~ #J'?~fTA~`]. -._ .._-_____-.. -___,_,_..._ .-_.___ . _, ..._... fTT`,` Fi'f-IORNEY -minimum business Standards - Ci7y hiAPdA (iER ~ :°,Y'JiEA,~^! ti iau-at3o dT{. <); is diStYfa-t 'f (fe,} ti ¢ E u ~. Jc:,, ices CQ NrMUNITC AN[) EC.ONOMg~ Aitu airpcrr71y,rut Hiaris iAl,zr1 ~ airprail ~.t~andzero n ~., t?rTS~ p cola, '-.;T UEVF.t.oRM ENT rnsnirrturn ixxslr(ess >Yantian9s ~ hf~nyar Can5tCUL`tu3n sYanrlarte:. COtdTA"'T INPORh7AT2UN sit@r:rt3u[s t8equirernents Anr 8vrav@cfing d+rport ~Serericee FSR6 i7E'fARTMENT FAQ Effective Oct 1, 2005 HOME SaErie of GunteerYs HUMAN RFSOtJRCES KALLS-FELL FAC:'T'S >E'.(:1;ICir1 1 ~- pC'2eaTif.){8 r`a 11('1 poEley i5@CtGft ~ - Oef Pl l{'16n5 MAYOR Cx CrJL~NG`IL `xc:C:t)un ;', - NlinirFtUm Stsxndar'eis far <a ii i~BOs Section ~ - Application and Qtia[lflcations for other huslncss c?peraticno ?1UNICSf~At. c;OU RT ~e~t;{pn y.- Acifon pl"i ~llSlne:xS AppIIC%IT.IpnS ^rc. PARKS F. RECiaEATIf7N SeI-'ti+~n 6 - AirCrOft Sales BUS"EneSS - Secion ~7 - A r~ p RNpair f3esEnes. PLANNING D'~FFl4:'7T1EN'T' Seetion 8 - A(P'Cri9ft Fcental 6u Sine&9 Sec*Irn t7 -. Fllyh% Trairting CiLisiness POISC.C UEPARTMBN"(' SE1EttlOn 1K} - C.fttllTllE:rCial 51<ycikving Fll C;SC 1NORK6 Section ].1 - AircrlxfE f-'(.Iels anfl QIl L7(5(Jensing $e't lees Section 1~ -Avionics. SrTStn(rriente pr Propetier Rei:rair Station C3ectian 13 ~~ Nlrer'aft Restc~ratian, fainting, Def:ailing, rnd k.#nhoEsCer,, St;ctlcr( SA -Car Lease and Rental C3peratian5 Seca:ic?n 7.S - F""pod Senrlce or ftestaura;~t tJpervtions Section 'L6 -Air Taxi cr Air Cf?arier Business 5octicln 1'7 - Ah'craff: SCCirage and .f Ha;Igar stenfal G''usinES5 Section 18 - Specsalzeci Cornrnerdai 9lying Services S~3ction 7,}... Flylnq s,i kths, G)ft3P.l" iMi tl?96, LI{%C<?-htjht ~,~~11'>",,. Se.ntion 2(3 - Stiib{ezsing tp another Commerdal operator Sec~ctor( 21 - Environmental Req ul rt:rr(e;rt~? Crownlaa,9 PUS ~far.;lan of Mln[mum Business Standards SeePson 1 - ~reambie and PeaRioy Page 1 of 13 The City of Kalispell, through its City Manager, being the Owner and in a position of responsibility for the administration of the Kalispell City Airport does hereby establish the following Minimum Standards for providing services on the Airport: The Minimum Standards are intended to be threshold entry requirements forthose wishing to provide aviation services to the public on the City Airport and to ensure that those who have undertaken to provide commodities and services as approved are not exposed to unfair or irresponsible competition. These Minimum Standards were developed taking into consideration the aviation role of the Kalispell City Airport, facilities that currently exist at the Airport, services being offered at the Airport, the future development planned for the Airport and to promote fair competition at the Kalispell City Airport. The uniform application of these Minimum -- Standards, containing the minimum levels of service that must be offered by the prospective http://www.kalispell.com/city_airport/minimum business_standards.cfm 6/5/2008 ~,. ^, ' t,, , `r ~. ~ :: ~`~'„, rc reie ~ ciCy s: i~,ort ti minimum business standards Minimum Standards for Providing Airport Services at the City of Kalispell Page 2 of 13 tenant service providers, relates primarily to the public interest and discourages substandard entrepreneurs, thereby protecting both the established aeronautical activity and the Kalispell City Airport patrons. General Requirementr / '` Building space requirements specified herein may be provided in one building, an attached building, or in separate buildings. Aviation businesses will be issued a permit to do business from the City of Kalispell. This permit is their authority to operate on City property. The fee associated with this permit to operate will be determined by City Ordinance and administered by the Airport Manager. Thls permit must be displayed in full view of the public. All lessees offering any of the services or combinations thereof as specified herein shall operate only under a written lease agreement with equitable fee structures as determined by the Airport Manager and/or the Kalispell City Manages All building construction shall meet requirements of the latest edition of the Uniform Building Code as adopted by the Kalispell City Council. All hangar construction will be as per the building criteria published by the Kalispell City Airport and approved by the Kalispell City Council. Any person or business entity desiring to engage in two or more of the commercial aviation services or activities listed herein must provide, as a minimum, a combination of the standards listed herein and approved by the Airport Manager. All Leases prescribed herein will be approved by the Airport Manager and signed by the Kalispell City Manager. The term "tarry appropriate insurance coverage" means any one or a combination of the following: Workman's Compensation Aircraft Liability Non-owned Aircraft Liability Airport Premises Liability Products & Completed Operations Builder's Risk Contractual Liability Hangar Keepers Liability Property Insurance Automobile Liability Chemical Liability Environmental The basic business insurance coverage will be at least: Personal Bodily Injury $1,000,000 each person Property Damage $1,000,000 each occurrence With an aggregate amount of $2,000,000 The City of Kalispell will be named as Additional Insured on all polices. The City of Kalispell must have proof of insurance on file at the City offices. A Certificate of Insurance will normally suffice. Note: The above insurance limitations are for individuals wishing to do business on the airport. Some leases of city property on the airport, to construct hangars, may carry a separate insurance requirement in the lease. If would be possible for an individual to build a structure on the airport and be required to maintain insurance on that structure. If the individual subleases that facility to someone to open a business, the business owner will also be required to carry insurance as specified in this document. http://www.kalispell.com/city_airport/minimum_business_standards.cfin 6/5/2008 Minimum Standards fox Providing Airport Services at the City of Kalispell Page 3 of 13 Sect9e.€a 2 - &3e€"€tt9tions Aeronautical Activity -means any activity conducted at the airport which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, air taxi and charter operations, pilot training, aircraft renting, sightseeing, aerial photography, crop dusting, aerial advertising, aerial surveying, air earner operations, skydiving, ultra light operations, glider operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, or sale of aircraft parts and aircraft storage. Aeronautical Services -means any service which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of aircraft operations commonly conducted on the airport by a person who has a lease or agreement from the airport owner to provide such services. Aircraft Lease - also referred to a as aircraft lease-back, means a long-term written agreement established on a minimum basis of six (6) months wherein the lessee shall have full control over the scheduling and use of aircraft and the aircraft is insured as required by these Minimum Standards for the use of the aircraft by Lessee. Airport -means the Kalispell City Airport, and all of the property, buildings, facilities and improvements within the exterior boundaries of such airport as it now exists on the Airport Layout Plan, Exhibit A, or as it may hereinafter be extended, enlarged or modified. FAR -means the Federal Aviation Administration FAR -means Federal Aviation Regulation FBO -means any aviation business or Fixed Base Operator duly licensed and authorized by written agreement with the airport owner to provide aeronautical activities at the airport under strict compliance with such agreement and pursuant to these regulations and standards. Fiving Club -means anon-commercial organization established to promote flying, develop skills in aeronautics, including pilotage, navigation, and awareness and appreciation of aviation requirements and techniques. See the Airport Standard Operating Procedures for requirements. Fuel -means the aviation petroleum product used to operate piston or jet turbine engines. uel .~IiQ_n~ -means the dispensing of aviation fuel directly into aircraft or dispensing the same from a separate medium such as a fuel truck. Fuel Vendor -means an entity engaged in selling or dispensing aviation fuel to aircraft other than that owned or leased by the entity. Fueling Operations Permit - means a permit issued by the City of Kalispell to a person or entity who dispenses aviation fuel at the Kalispell City Airport (see Airport Standard Operating Procedures for requirements.). There are two types: (1) Fuel Vendor's Permit; and (2) Self- fueling Permit. IPC -means the International Fire Code (IFC) 2003 Edition, Chapter 11 -Aviation Facilities, adopted by the City of Kalispell. Landside -means all buildings and surtaces on the airport used by surface vehicular and pedestrian traffic. Large Airera~t - is an aircraft of more than 12,500 pounds maximum certified takeoff weight or turboprop and turbojet aircraft. Manager -means the Airport Manager or his/her designee Minimum Standards -means the standards which are established by the airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical - activity on the airport. http://www.kalispell.com/city_airport/minimum_business_standards.cfm 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 4 of 13 NFPA -means the National Fire Protection Association. NOTAM - means a Notice to Airmen published by the FAA. w r -means the City of Kalispell by its City Manager represented by his/her Airport Manager, or group providing anyone or a combination of aeronautical services to or for aviation users at the Airport. Person - means an individual, corporation, government or governmental subdivision, partnership, association, or any other legal entity. Ramp Privilege -means the driving of a vehicle upon an aircraft parking ramp on the airside of the airport to deliver persons, cargo or equipment to an aircraft as a matter of convenience or necessity. See Airport Standard Operating Procedures for requirements and procedures. Self-fueling operator -means the fueling of an aircraft by the owner of the aircraft or the owner's employee. Self fueling means using fuel obtained by the aircraft owner from the source of his/her preference. See Airport Standard Operating Procedures for requirements and procedures. (AC 150/5190-5) Small Aircraft - is an aircraft of 12,500 pounds or less maximum certified take-off weight. Through-the-fence operations - An arrangement that the airport sponsor may at times enter into to permit access to the public landing area 6y independent operators offering an aeronautical activity or access to aircraft based on land adjacent to, but not part of, the airport. This type of access will not be permitted on the Kalispell City Airport by directive of the FAA. UNICOM -means anon-governmental communication facility which provides airport advisory information. ~aeetion a - M1§in€mu Sta rta3ards fear a9t Ft1CJS The following shall apply to all prospective aeronautical service providers wishing to become FBOs on the Kalispell City Airport: General Policv Statement Based On the Master Plan research, it is the general conclusion of the City of Kalispell that a second viable full service FBO/Fueling business at-theCity Airport will likely not become economically feaslbie until annual gallons of general aviation fuel sales exceeds an amount to economically support a second fueling facility. Therefore, it is a general policy of the Airport that infrastructure needs for such an FBO/Fueling business on the Airport will not be constructed unless economic viability can be shown and space is available on the airport to install a second fueling operation. 1. The designation "Fixed Base Operator" shall be reserved for full service operators who must provide and meet at least 50% of the minimum space requirements for all of the services the FBO will be providing. Some of the services are listed below: A. Aircraft fuels and oil dispensing service B. Instruction and Flight Training C. Air Taxi Service D. Airframe and/or Power Plant Repair E. Aircraft Renta4 -generally optional F. Aircraft Storage G. Aircraft Sales http://www.kalispell.com/ciry_airport/minimum_business_standards.cfin 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 5 of 13 The above services shall be provided in accordance with the Minimum Standards established herein for each service, except insofar as combined facilities may be permitted by the standard herein relating to multiple services. 2. The FBO and the City shall enter into a mutual lease agreement for a term agreeable to both parties with due consideration for the financial investment and the need to amortize improvements to the lease holdings. 3. A person shall have such business background and shall have demonstrated his business capability to the satisfaction of, and in such manner as to meet with the approval of the Airport Manager. 4. Any prospective FBO seeking to conduct aeronautical activity on the airport shall demonstrate to the satisfaction of the Airport Manager that they have adequate resources to realize the business objectives agreed to in paragraph 1 and the lease agreement. 5. The prospective FBO shall lease from the Airport an area suitable for their operation, with ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide or is an existing building that provides at least 10,000 square feet of space for aircraft storage and maintenance, at least 5,000 square feet of floor space for office, customer lounge and rest rooms, which shall be properly heated and lighted, and shall provide public telephone facilities inside and outside, for customer use. The FBO shall also have, on the leased area, enough paved parking for the FBO's customers and employees. 6. The prospective FBO shall have his premises open and services available to the public six days a week, and shall make provision for someone to be in attendance inthe office at all times during the published operating hours. 7. All prospective FBOs shall demonstrate to the Airport Manager's satisfaction evidence of its ability to acquire insurance coverage as stipulated for each particular type of operation. Such polices of insurance shall be specified in the lease agreement issued under paragraph 2 above. Sect3an A~ = A€sp;kcastkon and QaaaSificatlons for other 6usinmss 4ypsrakions a. Demonstration of intent to conduct a business operation on the Kalispell City Airport shall be by application to the Airport Manager. The written application shall contain at least the minimum: 1. The proposed nature of the business. A business plan will be used to express the proposed nature of the business. An example of a business plan outline is available at Exhibit B. 2. The signatures of all parties whose names are being submitted as owning an interest in the business or will appear on leases or other documents as being a partner, director or corporate officer and those who will be managing the business. 3. Evidence of financial capability to-perform and provide the above services and facilities and the insurance coverage to be maintained. 4. The amount of land the lessee desires to lease or the building space to be constructed or leased. 5. The number of aircraft provided, the number of persons employed and hours of operations b. If an individual wished to be allowed to perform asingle-service aeronautical activity on the airport (aircraft washing, maintenance, flight instruction, etc.), the individual will need to apply for a permit to be an Independent Contractor on the airport. This will permit the airport to have a level of regulation and compensation suitable for the service to be provided. This procedure is not applicable to tenants who have an office or business on the airport. The procedure will be as follows: 1. The individual must first obtain an Independent Contractors certificate from the State of Montana Department of Labor & Industry. 2. Present the certificate to the office of the City Manager and request a permit to do business http://www.kalispell.com/city airport/minimum business_standards.cfin 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 6 of 13 on the City Airport. 3. The individual will be issued a permit and briefed on the procedures for paying the appropriate fees. ~ect€rJn ~ r ACtEdY tY ofY 9G5tfi€e n,~i App'Ifica't9tJ 6'k „rs All applications will be reviewed and acted upon by the City Manager through its Airport Manager within 90 days from the receipt of the application. Applications may be denied for one or more of the following reasons: 7. The applicant does not meet qualifications, standards and requirements established by these Minimum Standards. 2. The applicant's proposed operations or construction will create a safety hazard on the Airport. 3. The granting of the application will require the expenditure of local funds, labor or materials on the facilities described in or related to the application, or the operations will result in a financial Toss to the City of Kalispell. 4, There is no appropriate or adequate available space or building on the Airport to accommodate the entire activity of the applicant. 5. The proposed operation, Airport development or construction does not comply with the approved Airport Layout Plan. 6. The development or use of the area requested will result in a congestion of aircraft or buildings, or will result in unduly interfering with the operations of any present fixed base operator currently on the airport or the proposal will deprive, without the proper economic study, current tenants of the leased areas in which they need to operate. 7. The party applying, or interested in the business, has supplied false information or has misrepresented any material facts in the application. B. Any person applying has a record of violating any other Airport Standard Operating Procedures, State Aeronautical Rules, or Federal Aviation Regulations, or of being a convicted ~elor~. 9. Any party applying has defaulted in the performance of any lease or agreement with the City of Kalispell or any lease or agreement with any other municipality or airport. 10. The applicant does not have the finances necessary to conduct the proposed operation for a minimum period of one year. 11. The applicant has committed any crime, or violated any local ordinance rules or regulations which adversely reflects on its ability to conduct the operations applied for. 12. And for any other reason determined not to be arbitrary Sf'CCIpYt ~ - /dircre'fiR: ~aSeS ficvsireess Any person or business entity desiring to engage in the sale of new or used aircraft, match potential purchasers with an aircraft (brokering), assist customers in the purchase or sale of an aircraft, must lease and or provide as a minimum the following: 1. The leasehold shall contain a minimum of 70,000 square feet of land to provide space for an office, storage of aircraft, and/or display of aircraft. An F80 may meet this requirement. http://www.kalispell.com/city_airport/minimum business_standards.efm 6/5!2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 7 of 13 2. The person must lease or construct a minimum of 1200 square feet of lighted and heated space for office and public area. An FBO may meet this requirement. 3. Staff must include at least one person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated. 4. New aircraft dealers shall hold an authorized factory or sub dealership. All aircraft dealers shall hold a dealership license or permit. 5. The person shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. 6. Operating hours will normally be 8:00 A.M. to 5:00 P.M. five days a week. 7. Operator must show financial responsibility and carry appropriate insurance coverage (see Section i). The insurance coverage shall include aircraft held for sale and demonstration by the lessee but owned by others. Sect3esn 7 - A €4. r% Repair I'usa.aess An aircraft airframe, engine and accessory maintenance and repair facility provides one or a combination of airtrame, engine and accessory overhauls and repair services on aircraft up to and may include light twin engine aircraft and helicopters. Any person or business entity desiring to engage in this type of repair service must provide as a minimum the following: 1. The leasehold shall contain at least 10,000 square feet of land surface to accommodate a building and temporary parking space for aircraft. An FBO may meet this requirement. 2. The leaseholder must lease or construct a building on the land to provide at least 3,000 square feet of shop space, adequate office space, and meet local and state industrial code requirements. 3. The operations must employ at least one personcurrently certified by the FAA with ratings appropriate for work being performed who shall hold an A & P rating. 4. The leaseholder must have sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturers recommendations, and capability to remove non-airworthy aircraft from the airport premises at any time. 5. Hours of operations shall normally be 8:00 A.M, to 5:00 P.M. Monday through Friday. Operations must provide for mechanical service on weekends on call basis. 6. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include aircraft held for maintenance and repair by the lessee but owned by others. Section £5 - Airoraft €Fenfiek 8uoirsess Any person or business entity desiring to engage in the rental or lease of an aircraft and/or ultra light vehicle to the public must provide as a minimum the following: 1. The leasehold shall contain 5,000 square feet of land to provide space for aircraft parking and building, and shall be equipped with appropriate tie down facilities. 2. The leaseholder must lease or construct a building to provide 1,200 square feet of properly heated and lighted office space, including adequate space for the public with inside and outside telephone service. 3. The staff shall include at (east one person having a current commercial pilot certificate with appropriate ratings, including instructor ratings. http://www.ka]ispell.com/city_airport/minimum busniess_standards.cfm 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 8 of 13 4. Suggested operating hours would normally be 8:00 A.M. until 5:00 P.M. six days a week, after hours service on a call basis. 5. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include aircraft held for rent by the lessee but owned by others. 6. The person or FBO shall have available for rental, either owned or under written lease [o the person or FBO, two certified and currently airworthy aircraft. 7. Ultra-light training vehicles must be two-place ae~t§on ~. - 8=tigirtt Taaanvrrg F§usiness A flight training FBO is anyone engaged in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, and provides such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved. Any person or business entity desiring to engage in pilot flight instruction must provide or have leased as a minimum the following: 1. The person or business shall have available for use in flight training, either owned or under lease, a properly certificated aircraft. - 2. The operations shall have on a full-time basis a least one flight instructor who has been properly certificated by the FAA to provide the type of training offered. 3. Flight Training originating from the Kalispell City Airport shall be conducted only in accordance with a written agreement with the Kalispell City Airport. 4. The flight training facility shall contain 5,000 square feet of land to provide space for lessee's building and aircraft tie downs, commensurate with the scope of lessee's operation. 5. The person or business shall lease or construct a building having 1200 square feet of lighted and heated floor space, to provide classroom, briefing room, pilot lounge (including restrooms), and office space. 6. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include aircraft held by the lessee but owned by others. Section 2{3 -Caen rrzercia€ Skydiving Any person or business engaged in the transportation of persons for skydiving, instruction in skydiving, and rental and sales of skydiving equipment shall meet the following minimum standards: 1. The person or business shall have available for skydiving, either owned or under lease, at (east one properly certificated aircraft. 2. The operation shall meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association (USPA), FAR Part 105, and related FAA Advisory Circulars. The jump plane pilot must hold a FAA commercial pilot certificate and be appropriately rated for the aircraft being operated. 3. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include aircraft held by the lessee but owned by others. httpa/www.kalispell.comlcity_airport(minimum_business_standards.efm 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 9 of 13 Seet9on 29. - AdroraC'k FuePs arad (;il dl@:~pensing rv'rce Any person or business entity desiring to dispense aviation fuels and oii, and provide other related services such as tie downs and parking, must be a full service FBO as defined in Section 3 of this document: 1. Leasehold shall contain sufficient land to provide for buildings, aircraft parking area with a minimum of five tie downs and adequate fuel dispensing equipment. 2. Construct or lease a building providing 5,000 square feet of heated and lighted floor space for office, public lounge, and equipment storage. 3. Properly trained (In accordance with IFC) line personnel shall be on duty and available on- site during operating hours. 4. Basic equipment shall include: a. Emergency starting equipment, appropriate fire and safety equipment, aircraft towing vehicles, and de-fueling equipment. b. A fueling trucks with a minimum tank capacity of 1000 gallons. 5. Basic services shall include: a. Fuel, oil, parking and tie downs for aircraft. b. Provide pilots lounge, rest rooms and inside and outside telephone service. 6. Must provide an adequate inventory of generally accepted grades of aviation engine oil and lubricants. Fuel dispensing equipment shall meet all applicable Federal, State, and IFC requirements for each type of fuel dispensed. Appropriate grades of aviation fuel are: let A/J P4 and 100 Octane Aviation Gas 7. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased by lessee but owned by others. ~eotPon l~ - AOVtonics, Znstruev~ents or Prope3Eer riepais §Rat.do~, 1. This includes any avionics, instrument, or propeller repair station/FBO who engages in the business of and provides a shop for the repair of aircraftavionics, propellers, instruments, and accessories for general aviation aircraft. This category may include the sale of new or used aircraft avionics, propellers, instruments, and accessories. The operator shall hold the appropriate repair station certificates issued by FAA for the types of equipment he plans to service and/or repair. 2. The person or entity shall have in his/her employment and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in the FBO category in Section 3, but never less than one person who is an FAA rated radio, instrument or propeller repairman. 3. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased by lessee but owned by others. Sect'von * ~ - ASircra4't Fdestorati€an, &~a€nt€rzg: Detailing, and t6p€to$.rterg+ http://www.kalispell.com/city airport/minimum business_standards.cfin 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 10 of 13 Any person or business entity desiring to provide aircraft restoration, painting, detailing, or upholstery services shall provide as a minimum the following: 1. The leasehold shall contain 10,000 square feet of land for building and aircraft parking. 2. Leaseholder shall construct or (ease a building providing 5,000 square feet of lighted and heated space for its shop and hangar space. 3. In the case of a painting facility, there shall be separate space for office and restroom use. 4. If the building is to be used for a painting facility, it must be inspected by the Kalispell City Fire Marshal and must meet all applicable State, Federal, IFC and environmental/safety codes. 5. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased 6y lessee but owned by others. 6. This operations will be restricted to aircraft and aviation related equipment, i.e. tugs, fuel trucks. Sectior 3.~ - a:ar Lease and fdenta3 aperatloras 1. Any business or FBO that desires to provide the services of a car rental agency may do so under the umbrella of their current Commercial License to operate on the Airport or they will be subject to additional commercial operation fees. This agreement shall be approved by the City through its Airport Manager. 2. Operator must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased by lessee but owned by others. veci:iors Ps - Foesd .Service or txestaurartt C&perat"vows No business, entity, FBO, corporation or individual shall operate any type of food service operation on the Kalispell City Airport without prior written agreement from the Kalispell City Airport Manager. Negotiation for a food service or restaurant operation will be under separate lease agreement. Vending machines are exempt from this provision. SecYicsn i6 - A6r Taxi or AWr C:ivarty=r' Business An unscheduled, or scheduled air charter or air taxi service based at the Kalispell City Airport engaged in the business of providing air transportation (persons or property) to the general public for hire, on an unscheduled or scheduled basis under Part 135 of the Federal Aviation Regulations shall provide the following: 1. The business or entity shall provide, either owned or under written lease the type, class, size and number of aircraft intended to be used by the business, not less than one single-engine, four place aircraft which must meet the requirements of the air taxi commercial certificate held by the business. All aircraft shall be certified for instrument operations. 2. The business shall have in its employment and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the Minimum Standards set forth in this category in an efficient manner. 3. Operator must show financial responsibility and carry appropriate insurance coverage (see http://www.kalispell.com/city_airport/minimum_business_standards.cfm 6/5/2008 lvrmimum ~tanaaras for rroviamg airport services at the t/ity or ttanspell t age 11 of 1S Section 1). The Insurance coverage shall include equipment leased by lessee but owned by others. ~eciion lT « 6t"sccraft ~toE-age a:rcef 2" °fangar SYeanfaE An aircraft storage business engaged in the rental of conventional hangars or multiple T- hangars shall provide the following: 1. Lease land and construct buildings in accordance with the Hangar Construction Criteria established by the City of Kalispell. 2. The owner shall have his/her facilities available for the tenant's aircraft removal and storage on a continuous basis. 3. Leaseholder shall have a signed lease on file with the Airport Manager which shall constitute authority to conduct business on the airport. The leaseholder shall abide by all terms of that lease and pay the appropriate commercial operators fee. 4. Leaseholder must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased by lessee but owned by others. 5. Leaseholder shall be responsible for maintenance of the property around its holdings in accordance with the negotiated lease with the Airport. der„lion I$ - specfatixed a~omrevcrc@al F'ipfetg ~esviccs Any person or business entity desiring to engage in specialized commercial air activities of more than 3 operations or demonstrations per year, including listed below: 1.Non-stop sightseeing flights that begin and end at the airport 2. Crop dusting, seeding, spraying, and bird chasing 2. Crop dusting, seeding, spraying, and bird chasing 3. Banner towing and aerial advertising 4. Aerial photography or surveying 5. Power line or pipe line patrol 6. Fire fighting or fire patrol 7. Air ambulance service based on the airport. 9. Hot Air Balloon operations 10. Any operation specifically excluded from Part 135 of the FAR's shall provide as a minimum the following: 1. The operator of any of the above businesses shall lease from the Airport and shall include a building sufficient to accommodate all activities and operations proposed by the business. The minimum areas in each instance shall be subject to the approval of the Airport Manager. 2. In the case of crop dusting or aerial application, the operator shall make suitable arrangements and have such space available in his leased area for safe loading and unloading and storage and containment of chemicals or any other hazardous materials. http://www.kalispell.com/ciry airport/minimum business_standards.cfm 6/5/2008 Minimum Standards for Providing Airport Services at the City of Kalispell Page 12 of 13 3. All operators shall demonstrate to the satisfaction of the Airport Manager that they have the availability of aircraft suitably equipped for the particular type of operations they intend to perform. 4. The operator shall have in his/her employment, and on duty during appropriate business hours, trained personnel in such numbers as may be required to meet the Minimum Standards herein set forth in an efficient manner. 5. The operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize their services. 6. Operators of such businesses must show financial responsibility and carry appropriate insurance coverage (see Section 1). The insurance coverage shall include equipment leased by lessee but owned by others. a~ectfon kS - F@yCnrT Clubs, Oi€s&er Cku4s, @3E4.ra-I?g3tt Clubs See requirements for these Gubs in the C~fflcial Fairport Ctarrdszrq JF^;Stinci s~racndu;es Section 2€} - Sub3easing to anotFrer Commerc:a6 operator Prior to finalizing any agreement, the lessee and sub-lessee shall obtain the approval of the City through Its Airport Manager for the business proposed. Said sublease shall define the type of business and service to be offered by the sub-lessee. The sub-lessee business shall meet ail of the Minimum Standards established herein for the categories of services to be furnished by the business. The Minimum Standards may be met in combination between lessee and sub-lessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sub-lessee that shall be used to meet the minimum standards contained herein, Seddon ?1 - Entaircnmentak PBOCguiresments Any FBO, person, entity, party, firm or corporation operating on the Kalispell City Airport must comply with ail Federal, State and local environmental requirements. The following resources were used in the preparation of this document: FAA Advisory Circular 150/5190-SA American Association of Airport Executives National Air Transportation Association Aircraft Owners and Pilots Association Montana Airport Managers Association Montana Aeronautical Division - MDOT Flathead Municipal Airport Authority - FCA Kalispell City Airport Advisory Council Robert Peccia and Associates -Engineering nonce :: tactc :: mayor & coe=.ncll : : cit manager : : city rh^poria police :: Fire : : city ati:ornev :: personnel : : peri;, Fs rec :: ps2nrng :: buihlinct r,anrcur°ii y d-.v¢tinprne:-n public wor ks :: FAQ : can +^.: Iafc, r t'.,cr, http://www.kalispell.com/city_airport/minimum business_standards.cfm 6/5/2008 AGENDA KENAI CYTY COUNCIL -REGULAR MEETING MAY 20, 2008 7:00 P.M. KENAI CITY COUNCIL http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Ahlberg, Executive Director/Boys & Girls Clubs of the Kenai Peninsula -- Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes] ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a ~~~ ~~-~ ~ <n ~'~' Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to ~, ` ~" fi,~a°`` ,the Kenai Municipal Airport. t~~ 2. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, ~ ' Conservation, and Rural Residential to Rural Residential. . r ;~ rj ~~ ,, 3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and ~, ~ Appropriations by $35,000 in the Airport Special Revenue Fund and the ~y/ Airport Storage Building Capital Project Fund for Bid and Construction ?' ~~~ ' =~T4'~ Phase Engineering. `.~ ~ , ~ i 4. Ordinance No. 2306-2008-- Increasing Estimated Revenues and ~ Appropriations by $70,000 in the Dock Improvement Capital Project i , ,, ~ ~ e,'~ ~ ~~' Fund for Culvert Replacement and Paving. ~nr ,id 5. ~ Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund ~u j y^ ~ n ~ ~~ ' and Increasing Estimated Revenues and Appropriations by $71,731 in ~,' ~ ~,{` the Visitors Center Heating System Capital Project Fund. to Replace the P _~,~" Visitors Center Heating System. ~ ~ 6. f Ordinance No. 2308-2008 -- Increasing Estimated Revenues and ~ '~ Anj n .h ~ Appropriations by $40,000 in the General Fund Dock Department for ~~,A ~ ~ 1`"~ ~ Fuel. p \. kh!A~ j ?. Ordinance No. 2309-2008 -- Increasing Estimated Revenues and -' Appropriations by $11,457 in the General Fund for Professional Services fr ,~~~/' A.,~ >i ~ at the Multi-Purpose Facility. ~ ~% ,~~••~''~ 8. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the ~ f,f~` , 1 Minimum Distance Between Oil and Gas Well Drilling Locations and ~ '~~ ~ ' Residential or Commercial Buildings From 200 to 600 Feet Unless the ~ nom ~ ~ ~ 4' ~ Written Permission of the Owner is Obtained. ~ ~~ F ~~ ~ ~ 9. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of ~ i ',~" ;~-! ;' Property Described as Tract A1, Birch Fields Subdivision, Kenai WeII /j. ~~" ~ A!'~ ~~ ` Addition, Third Recording District, Kenai, Alaska From the Kenai {Jf ~ ^' Peninsula Borough, for $1.00, for a Well Site and Other Public Facilities. ~, ~ h ~.. ~ 10. Resolution No. 2008-27 -- Approving the Form for the Airline Operating ~ ;~ / D Agreement and Terminal Area Lease and Authorizing the City Enter Into e ¢~ ~ / ~ ° F~ ~ ~ ~ ~ Such Agreements with ERA Aviation and Grant Aviation. ~ ~/ ~)~~ ~ ° ~ 11. Resolution No. 2008-28 -- Approving a Contract to Alaska ~i; ~ Roadbuilders, Inc. for the Project Entitled Thompson Park Paving LID - ~ ~ "~ ~~~ a~ ~ 2008 for the Total Amount of $674 330. ~~ , y~. , ~ ITEM F: MYNUTES 1. *Regular Meeting of May 7, 2008. 2. *Notes of April 16, 2008 Council Work Session 3. *Notes of April 21, 2008 Council Budget Work Session ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS ~ -' 1. Bills to be Ratified `S~ ~~/~ ~~ "~ 2. ~~ U~ .Approval of Purchase Orders Exceeding $15,000 r ~ 3. ~ *Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, (~-~" Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. 4. *Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. 5. *Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July I, 2008 and Ending June 30, 2009. 6. *Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 7. *Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 8. *Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 9. *Ordinance No. 231?-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. YTEM I: COMMISSION/COMMITTEE REPORTS I. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8z, Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. ,Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. .Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -- Annual Evaluation of City Manager ITEM N: AGENDA KENAI CITY COUNCLL -REGULAR MEETING JUNE 4, 2008 7:00 P.M. KENAI CITY COUNC'TL C BERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. ,Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no sepazate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~~~~ ~~ 1. Ordinance No. 2311-2008 -- Finding that Certain City-Owned Land, Tnenrif ed as T51v R11W SEC 4 Seward Meridian KIQ 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. ~ 2. Ordinance No. 2312-2008 -- Amending KMC 14:05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of X100 Per Month. g,, 3. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal ~~ Year Commencing July 1, 2008 and Ending June 30, 2009. ~' 4. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for ®~j,/~~/LP~ Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in L,~i~,~ dq,[P„~1 the City of Kenai Salary Schedule. 5. Ordinance No. 2315-2008 -- Increasing Esfimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 6. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and ~ ~~~~~ Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. ~~~~~ ~ 7. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Pseas in a Portion of the North Shore of the Kenai Beach. ,1,~~~ ~ 8. Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde /_ Fire Trainers for $45,000 for Software.-and Installation Services at the Fire Training Facility. ~~~,~ ~ 9. Resolution No. 2008-30 -- Fixing the Rate of Levy of; Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. ~~~~ u 10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance. ~ /~ 11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer ~~ Fund to Replace Lift Station PuLnps. D~ ~~ ~ 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. ~~, 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer,. a Large Volume Exhaust Fan, and Other Miscellaneous Items. 14. *Liquor License Application (New) Samri McGee's, Inc. #4794fBeverage D:spensar,~ Tounsm 15. *Restaurant Designation Pesmit • Robert B. Gray/Samm McGee's Inc. #4794 ITEM F: MINUTES *Regular Meeting of May 20, 2008. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS p~~F,,~d/p~ 1. Bills to be Ratified ~~~~~ 2. Approval of Purchase Orders Exceeding X15,000 3. *Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501;632 in the Urea Storage Building Fund for Construction. 4. *Ordiaance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and Ciiy Employees. by Amending the Exisfing KMC 1.85:060 and 070. ~i°r 6. No ~-f'~'~ ~I ITEM is 1. 2. 3. *Ordinarce No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-half Time Within the City. Discussion -- Harold Daubenspeck Memorial COMMISSYON/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission 4. 'Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. .Alaska Municipal League Report o. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legistation which will be addressed at a later date as noted.) -- Annual Evaluation of City Clerk and City Manager ITEM N: ADJOURNMENT ,WINCE-CORTHELL-BRYSON Consulfing Engineers Box 1041 Kenai, Alaska 99611 Phone 907-283-4672 Fax 907-283-4676 E-10'Iall cmaddenc~wcbalaska.com TO: Wayne Ogle and Mary Bondurant FROM: Casey Madden DATE: May 28, 2008 SUBJECT: Kenai Airport Project Update IJ~ rob Over the winter the contractor completed the installation of the new standby generators together with the new fire suppression system and other improvements in the Generator /Regulator Building. A method to shut down the Load Banks enabling the Engines to cool and shut down without a load has been worked out and should be installed by the contract completion date of July 15. WCB completed design work for the following additional Airport Improvements, that FAA indicated could be consider grant eligible using the I S% FAA contingency, and issued a Request for Proposal to the contractor for the preparation of Change Order 10 . • General Aviation Lighting Reconstruction • General Aviation Grading and Drainage • Midfield Lit Windsock • Changing the remaining T/W lights to the new LED type • Runway Temperature Sensing System • Runway and Taxiway Remarking with higher reflectance beads and T/W Enhanced Centerline and Hold Markings The Engineers estimate for the above work was $877,000.00. Subcontractor estimates were $753,594.00, and Quality Asphalt Pavings work and markup, of over 100%, on subcontractors brought the total to 1,645,746.00 far exceeding remaining available funds. We are still pursuing having the Airfield Repainted with heavier paint and reflective beads with enhanced Taxiway centerline and Holdlines The Taxiway re-designations occurred as scheduled in April and went smoothly. Work has resumed this week with final grading of waste areas, erosion repair along the Float Plane Basin and drainage ditch, and replacement of approximately another 5000 feet of fence around the Airport. Seeding of the remaining areas should begin late this week or early next week. We expect all work to be completed by the July 15 completion date. Wince- Corthell- Bryson has been selected for its second consecutive three year term contract for the City's Airport Engineering Services and would like to express our appreciation of this vote of confidence and the opportunity to continue serving the City and its Aviation Community. Philip W. Bry, son PE Alan N. Corthell PE Fraok W. Wince PE (Ret.) Mark E. Blanning PE E. Casey Madden PE I}crr- ~~~ er~~.-_ J ~ qy~~ ss 305 N. Wfll.QMPSY. SURE 2(10 t~NAi, 99511 TELEWiONE ~'7-X37951 FAX 907-2833737 a • To: Rick R. Koch -City Manager ~,`0, From: Mary L. Bondurant -Airport Manage! Marilyn Kebschul! -Planner Wayne Ogle -Public Works Director Henry Knackstedt -Airport Commission Chair Date: May 21, 2008 Subject: Kenai Airport Professional Services for ArchitecturallEngineering/Environmental & Construction Management Services Presentations were made by the two proposers and interviews conducted by the selection committee for the above Professional Services Agreement on Wednesday, May 21. Proposals were evaluated and ranked as follows: Score Wince-Corthell-Brysan (WCB) 120 Hattenburg, Dilfey, & Linnell, Inc. (HDL) 91 It should be noted that Scott Hattenburg, HDL President, stated that due to an unexpected workload, HDL would not have a project manager or staff available for the Kenai Airport for 6-9 months. It is the recommendation of the committee that the Professional Services Agreement be awarded to Wince-Corthell-Bryson at the June 4, 2008 City Council meeting. www.ci.kenai.ak.us. Municipal Kairpoe-t ...,, _ . _.. Tke~n hod ~l~G1E Gl~'Of KEN~~ SKA l~lllayE WL~K a Past, ill}/ WGt _. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ®~ Telephone: 907-283-7535./ FAX: 907-283-3014 ' It 7992 MEMO: TO: City Council FROM: Rick Koch DATE: May 14, 2008 SUBJECT: Kenai Municipal Airport Fees The purpose of this correspondence is to transmit, for your information, the fee schedule forserviees at the Kanai Mutricipal Airport effective .Tune 1, 2008. The City Manager is authorized to regulate these fees under KMC 21.05.040. Thank you far your attention in flris matter. 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(O N N N N A ry > L L L L A L L O R R R R ~ T - C R R C EO E C C N E C C l ° ~~ N Z tL _ Q b .: »• .•.• •.• •• f- d > > 2i 2i ~i U' ~i ~ IL O ~ /ll lL LL LL 4. ~ ~ [n W IC (n 'r0 fn N LL h (n M Z E U C J O O N O N T N R n m 0 0 n m N d N Ll 'rs~ a~,, ~:~_. the eety o f KENR~ SKQ „V °fla9e wit~r a Past, ~i~ wiz 210 Fidalgo Avenue, Kenai, Alaska 996 Telephone: 907-283-7535 /FAX: 907-283-3014 ~+'~'~ 1992 MEMO: TO: City Council f~/~, FROM: + j " Rick Koch u DATE: May 13, 2008 SUBJECT: Ordinance 2303-2008 -Fuel Flowage Fee The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. Establishing a three cents per gallon fuel flowage fee is estimated to produce revenues to the Kenai Municipal Airport of approximately $ 65,000 per year. Fuel flowage fees are common at most airports of the class of our airport. Below are fre fuel flowage fees charged at other similar airports: Airoort ruel Flowa eg ree per gallon. Ted Steven Anchorage InY 1 Airport $ 0.027 Fairbanks Int'1 Airport $ 0.030 Juneau Int'1 Airport $ 0.130 The Airport Commission considered this ordinance. Only four Commission Members were in attendance at the meeting. The motion to accept the administrations recommendation received three votes in the affirmative, and one vote in the negative. The motion. failed as a result of not having the support of the majority of the seven member commission. Thank you for your attention in this Matter. X F~ ~~ To: Rick. R. Koch -City Manager Fram: Mary L. Bondurant -Airport Manag Date: May 11, 2008 Subject: Ordinance 2303-2008 - Fuei Flowage Fee The above ordinance establishing a fuel flowage fee at the Kenai Municipal Airport was discussed at the May 8, 2008 Airport Commission meeting. The four (4) Commission members in attendance discussed whether to recommend Council's passage of Ordinance 2303-2v08. A motion was made "t6 accept Administratiuris recommendation to adopt Ordinance 2303-2008." The vote was three (3) yes and one (1) no. The motion failed. www.ci.kenai.ak.us. iVl6inicepal AirpoCt .Suggested. by: Administration CITY OF KE1dA% O1~DINANCE NO: 2303-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 21.05.085 ESTABLISHING A FUEL FLOWAGE FEE OF THREE CENTS ($0.03) PER GALLON OF FUEL DELIVERED AT THE KENAT MUNICIPAL AIRPORT. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the Kenai Municipal Airport has been operating with a large deficit consisting of: -$871,968 in Fiscal Year 2004; -$727,730 in Fiscal Year 2005; - $685,702 in Fiscal Year 2006; and -$623,237 in Fiscal Year 2007; and, WHEREAS; Federal Aviation Administration policies and grant assurances require the Kenai Municipal Airport be self-sustaining financially through its rate and fee structure; and, WHEREAS, such large operating losses cannot be sustained indefinitely by the airport budget reserves; and, WHEREAS, fuel flowage fees are a nationally accepted standard method of raising revenue for the operation and maintenance of airports; and, WHEREAS, the revenue raised from the fuel flowage fee will only be used for the eperat~on, ma, intenarrce and improvement of the Kenai M~inicipal A~*'pnr4, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.05.085 is enacted as follows: 21.05.085 Airyort Fuel F1owaEe Fee (a) Anv person, firm or cornoration who delivers aviation gasoline, motor vehicle gasoline diesel fuel, kerosene, aviafion iet fuel or like substance (hereafter referred to as fuels to any person, firm or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee of three cents ($0 03) for each ~atlon of fuel (b) On or before the fifteenth (151 day of each month, each person, firm, or corporation delivering fuel as desienated in this section shall deliver to the City of Kenai Finance Department a statement showing the type of fuel, and the number of Gallons delivered in the previous month, to whom delivered, and the amount due the City of Kenai under this section, and remit the statement with the amount due. The Citv of Kenai shall prepare statement forms_for r~ortin~; and payment of fuel flowage fees Ordinance No. 2303-2008 Page 2 of 2 (cj Any person firm or corporation delivering fuel to the Kenai Municipal Airpcrt shall furnish within ten (101 days of request by the Kenai Airport Manager all (dj PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2008. ~ ~~~~ J PAT PORTER, MAYOR A/T/T; EST: , t ~~~'11~~1.CJU c~~-('iL1,~,~ [mil ~.~~'~- Carol L. Freas, City Clerk ~ ~ Introduced: May 7, 2008 Adopted: May 20, 2008 Effective: July 1, 2008 maintenance operation and improvement of the Kenai Municipal Airport. STAFF REPORT To: Planning & Zoning Commission Date: June 2, 2008 Res: PZOB-34 GENERAL INFORMATION Applicant: Rick Koch, City Manager 283-7535 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone -Conservation to Light Industrial Legal Description: Lot 4, FBO Sub No 7 & Lot 5, FBO Sub No. 8 -See Attachment B Street Address: 525 & 535 North Willow Street KPB Parcel No.: 04336040 & 04336043 Existing Zoning: Split (Light Industrial & Conservation) & Conservation Current Land Use: Forestry Lease & Vacant Land Use Plan: Airport Industrial &Airport-Dependent Development District ANALYSIS General Information: This is an application by the City of Kenai to rezone two airport parcels from split zone (Light industrial & Conservation} and Conservation to Light Industrial. Lot 4 is leased by the Forestry Department and Lot 5 is vacant. These parcels are located between North Willow Street and the taxiway. During a recent review of the Forestry lease, uses were questioned as related to the Light Industrial zoning. It was noted that not all uses are compatible with the Conservation zone. To eliminate the split- zone situation and to insure the zoning is compatible with future uses, the City is applying to rezone these parcels. During development of the Airport Supplemental Plan, the City's procedures for leasing airport lands were discussed. One of those issues dealt with zoning and that properties zoned Conservation could restrict development. The Land Use Table in Chapter 14 of the Kenai Municipal Code was amended to allow FAA authorized uses for properties inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways, or parking aprons. This amendment was ashort- term solution for properties abutting those areas noted above. The 2003 Comprehensive Plan also identified issues with the zoning of airport lands 0834 Comment.doc Page 2 and recommended a revision of zoning of airport properties to comply with future expected uses. (Implementation Measure -Policy AP3 -Page 58) KMC 14.20.270 describes amendment procedures. The proposed rezone encompasses approximately 5.5 acres and enlarges an adjacent boundary meeting the requirements #or an amendment to the official zoning map. Public Works Director: No comment. Building Official: No building code issues. RECOMMENDATIONS The City of Kenai is applying to rezone approximately 5.5 acres of airport land located between North Willow Street and the taxiway. One of these parcels is split-zoned and the rezone will eliminate this situation. The rezone from Conservation to Light Industrial is typically done as follow-up to the subdivision. It is unclear why this rezone was not processed. The rezone will provide for uses consistent with airport uses and the area. The Supplemental Airport Master Plan and the 2003 Comprehensive Plan both recommend rezoning airport lands to meet the future needs of the airport. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ08-34 2. Application 3. Map ~i~_ CITY OF KENAI ~- ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-34 ~,~ ~y ~ REZONE PERMIT KENA~ 5KA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Rick Koch Ci Manager, City of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai, AK 99611 LEGAL: Lot 4 FBO Sub. No 7 & Lot 5. FBO Sub No. 8 PARCEL #: 04336040 & 04336043 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned flit (Conservation & Light Industrial) & 2. The present land use plan designation is Airport Industrial & Airport-Aenendent Development District 3. The proposed coning district is IL -Light Industrial 4. An appropriate public hearing as required was conducted June 25. 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Lot 4 FBO Sub No 7 & Lot 5 FBO Sub No. 8 as shown on Attachment B is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2008. CHAIRPERSON: ATTEST: ~~,~r\ -= \~ thecifyaf ~~ KENA~ SKA "V °flaye rvit~r a Past, G~ w~c°t~ a F~tr~re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,,,~~, Telephone: 907-283-75351 FAX: 9 ~ '~I~R,f ,.~~~gCg~~® ~g~, ~~~®~ I~EZ®NING APPLICATI®N PETITIONER Rick Koch, Ci Mana er, City of Kenai ADDRESS 210 Fidal o Avenue, Kenai, AK 99611 PHONE 907-283-753 LEGAL DESCRIPTION See Attachment B PRESENT ZONE Conservation & Li ht Industrial PROPOSED ZONE Light Industrial Intended Use and/or Reason for Rezoning: To rezone airport properties to allow for airport uses consistent with. the Airport Supplemental Master Plan, the Light Industrial zone and to eliminate a split zone situation. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU RAVE READ AND UNDEKSTAND THESE CONDITIONS. 1. t~~. Amendments to the Kenai Zoning Code and Official Map may be initiated ~ by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ,~ Amendments to the Official Zoning Map shall. be considered only if the area to be rezoned contains a minimum of one (1}acre (excluding street or alley right-of way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. N/A A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. / a °v\ Petitioner's Signature 7 ATTEST REZONING CHECKLIST: X a. MAP X b. SIGNATURES NIA c. DEPOSIT/ADVERTISING FEE ($106) X d. APPLICATION FORM OR LETTER X e. AFFIDAVIT OF POSTIIvTG Legend ,~.~.. ~ ~o..,~~a, ~ ~.. „.„,..~, ®uAaa_a.,~ 4y om,.wm~ „ro,m aea.w ~~~.b.A... X09 STAFF REPORT To: Planning & Zoning Commission Date: June 2, 2008 Res: PZ08-35 GENERAL INFORMATION Applicant: Rick Koch, City Manager 283-7535 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone -Conservation to Light Industrial Legal Description: Tract A, Gusty SD # 3, Tract B, Gusty SD #6 & Tract C- 1, Gusty SD #7 -See Attachment B Street Address: 410 Coral Street, 420 Coral Street, & 400 Coral Street KPB Parcel No.: 04327021, 04327035, & 04327034 Existing Zoning: Conservation Current Land Use: Storage Yard & Vacant Land Use Plan: Airport Industrial ANALYSIS General Information: 'rHiS iS aii appiicatiori by the vity of Kei~ui to reZGiie three airpGii parCeiS fruit Conservation to Light Industrial. Tract B is leased by James H. Doyle d/b/a Weaver Brothers, Inc. Tract A and C-1 are vacant. These parcels are located on the south end of the airport off Coral Street. During a recent review of the Weaver Brothers lease, it was discovered that the lots were zoned Conservation. Under the Land Use Table, the lease would not be a permitted use. This lease dates to the early 1980s. It appears the original lease was approved as parking which is a permitted use in the Conservation zone. The City is requesting the rezone to insure the zoning is compatible with future airport uses. During development of the Airport Supplemental Plan, the City's procedures for leasing airport lands were discussed. One of those issues dealt with zoning and that properties zoned Conservation could restrict development. The Plan recommended rezoning properties to zoning compatible with airport uses. The 2003 Comprehensive Plan also identified issues with the zoning of airport lands and recommended a revision of zoning of airport properties to comply with future expected uses. (Implementation Measure -Policy AP3 -Page 58) 0835 Commentdoc Page 2 KMC 14.20.270 describes amendment procedures. The proposed rezone encompasses approximately 3.66 acres and enlarges an adjacent boundary meeting the requirements. for an amendment to the official zoning map. Public Works Director: No comment. Building Official: No building code issues. RECOMMENDATIONS The City of Kenai is applying to rezone approximately 3.66 acres of airport land located at the south end of the airport off Coral Street. The rezone will eliminate a non-conforming use for along-standing lease and provide for uses consistent with airport uses and the area. The Supplemental Airport Master Plan and the 2003 Comprehensive Plan both recommend rezoning airport lands to meet the future needs of the airport. Recommend approval. ATTACiiiViEFiTS: 1. Resolution No. PZ08-35 2. Application 3. Map i ~~,rN- Efre atv a{~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZOS-35 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDIIvTG APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Riclc Koch City Manager, City of Kenai ADDRESS: 210 Fidalao Avenue, Kenai, AK 99611 LEGAL: Tract A Gusty Subdivision No. 3 Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No 7 PARCEL #: 04327021. 04327035 & 04327034 WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation 2. The present land use plan designation is Airport Industrial 3. The proposed zoning district is IL -Light Industrial 4. An appropriate public hearing as required was conducted June 25, 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No 6 and Tract C-1 Gusty Subdivision No. 7 as shown. on Attachment B is hereby recommended to the Kenai City Council. PASSED SY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 25, 2008. CHAIRPERSON: ATTEST: j "~/c°llaye wit~t a Past,. Gc°ty c~vit~i a Fr~tr~re °° ~~-~=~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~v"t Telephone: 907-283-7535 /FAX: 907-283-3014 ,,,,,~~, __ ._ Gizv ®;~ w I I ~ ~ ~ Ehe u y a f /l/~~ Le~,'~ KENAI, sLASI(A ~_ ~'~oo~, ~ ~ ~~ REZOIeING APPLICAT'IOllT ~'~?~ as„„,e. PETITIONER Rick Koch, City Mana er, City of Kenai ADDRESS 210 Fidalgo Avenue, Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION See Attachment B PRESENT ZONE Conservation PROPOSED ZONE Light Industrial Intended Use and/or Reason for Rezoning: To rezone airport properties to allow for airport uses consistent with the Airport Supplemental Master Plan and the Light Industrial zone. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1.~ Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a maj ority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. ~`~ Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of--way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page ? 3. N/A A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. is 4. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. t Petitioner's Signature /i7 ATTEST REZONING CHECKLIST: X a. MAP X b. SIGNATURES N/A c. DEPOSIT/ADVERTISING FEE ($106) X d. APPLICATION FORM OR LETTER X e. AFFIDAVIT OF POS tiNG Legend ..~, ~ w.M ~ a_,..~. ~ s~m.F..,. 0 ^.,~~,.. p~...m~ ~ ~..,a..,.~., ®w..a..eM~.~ r~fi< <~,~n~N,~~. ..a~~.~ ~,.wmaa~. ~ ~.n..,o.,.,. ~„~~~.F ...~ ~ .~ amp.. ~ E,~.e. `~nway Capacity A-ternatTves Evaluated Ted Stevens Anchorage International Airport (ANC) Master Plan has entered Phase il. This phase includes an evaluation of alternative ways td match capacity with growing demand. The alternatives address issues identified in the first Phase of the Master Plan. These include the following: Runway capacity is inadequate to meet the forecast aircraft activity. • There is an arrival and departure runway imbalance due to two east-west runways and only one north-south runway. • During bad weather, the two east-west runways are too close to function independently under current FAA technology, leav- ing only one arrival runway, thus there is insufficient arrival ca- pacity. There are airfield circulation problems. The airport is currently experiencing aircraft de- laysduring peak aviation traffic hours because of these issues. Over the next several years air- craftdelays are expected to increase to the ex- tentthat both passenger and cargo traffic will lie severely impacted during the peak aviation traffic hours. This past fall, airport staff and the planning team identified z5 preliminary concepts to address these issues. These conceptual layouts were put through an initial qualitative screening process. The initial screening criteria included the follow- ingfactors: safety, security, technical feasibility, economic soundness, environmental impacts and community impacts, and aeronautical utility. Four concepts were selected and presented as alternatives at a public meeting last November. Since the last public meeting, initial analysis of airfield capacity, financial viability, environ- mentalconsiderations and best planning tenets was performed on the alternatives. Some of the alternatives presented last fall were modified to better increase capacity to accommodate fore- castactivity. Each alternative provides for acon- tinuousCoastal Trail. Potential impacts of the alternatives currently under consideration and the costs and benefits of each will be presented at a public meeting to be held on May zest from 5:0o pm to 7:0o pm at Coast International Inn. Comments are invited. Find more information on the plan at: Or contact: WHPacific Project Manager, Eric Miyashiro at: WHPacific 30o W 3tst Avenue Anchorage, AK 99503 Ph: go7.339.6544 Wednesday, 'IVlay z~, zoo8 5 to.7 p.m. Coast International Inn, McKinley Room East 3450 Aviation Drive, Anchorage Eric Miyashiro, Project Manager WHPacific 30o W 3tst Avenue Anchorage, AK 99503 Address Correction Requested Check out the Master Plan website at: v~vf~!•anchorageairp9rt com Lois N. Epstein, P.E. Alaska Director Transportation nxan~neer~,sc~<.;o~s6 PrIOhtl2S PrOJECf 308GStreet, Suite 221 Anchorage, Alaska 99501, - Phone: 907-929-9372 ' _ Fax: 907-929-1562 '' EmaIl: loisQaktrensportation.org '~, ATPP website: www.aktransportation.oro ', Promoting sensible iransyorlatian systems in Alaska r L.i,O( 9ZGZ 9ZGZ bZQZ vZ07 ZZQZ 6Zu'Z OZOZ S tOZ B tCZ d LOZ 9 LOZ 5402 b LOZ ~ i07, L iO:: ~ ~Q~ v~~~ E00'Z 80QZ _COZ 96()Z SCtOu b0+J2 £OQ2 ZCiOZ !OOZ OfiOZ 6fi,~'i 4 866L Lfi64 0 c~~` ci u o ci o o ~ c ur in v ° v suaoaraadp }~ ~yTP~.aia$SYp9~Y63?1~5 gg a 6 5is $~ GI ~C6 is ~P31dPiti3£It3&S3I i14Fp4T~ Ted Stevens Anchorage International Airport Mister Plan Public Meeting Coast International Inn, McKinley Room East May 21, 2008 5:00 p.m. - 7:00 p.m. Agenda Meeting Purpose: To discuss airfield alternatives and alternative analysis. 5:00 p.m. Open House 5:20 p.m. Greetings and Ground Rules (Kay Slack, Meeting Facilitator) Welcome on Behalf of the Airport (Mort Plumb, Director, Ted Stevens Anchorage International Airport) Meeting Purpose, Agenda, Team Introductions, (Rich Wilson, Developn~~ent Director-, Ted Stevens fnchorage International Air port) 5:25 p.m. Master Plan Status (Eric Mvashiro, hV]~Pacific) 5:30 p.~n. The Problem at ANC (Jeff Mishler~, HNTf3) 5:45 p.m. Potential Solutions -Master Dian Alternatives (Evan f'falaler, HNTB) 6:00 p.m. Group Questions and Answer Period followed by one on one discussion with consultants, Anchorage Airport staff and FAA