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HomeMy WebLinkAbout2011-09-08 Airport Commission PacketKENAI AIRPORT COMMISSION SEPTEMBER 8, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF' MEETING SUMMARY -- August 11, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Airport Regulations -- Chapters 6.05.010 -- 7.05.040 ITEM 6: NEW BUSINESS a. Discussion -- Airport Obstruction Tree Removal Project ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October 13, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. August Airport Manager's Report ADJOURNMENT ITEM 12: PLEASE CONTACT U5 IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: COREY -- 283 -8250 OR MARY -- 283 -7951 3jem3• KENAI AIRPORT COMMISSION AUGUST 11, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, L. Porter R. Rogers (excused), E. Mayer Airport Manager M. Bondurant, Council Member T. Bookey AGENDA APPROVAL Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 14, 2011 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of July 14, 2011 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. PERSONS SCHEDULED TO BE HEARD -- None. OLD BUSINESS Discussion -- Airport Regulations -- Chapters 3.05 - 9.05.080 Airport Manager reported the Commission reviewed chapters 3.05 through 5.05; comments and changes were noted and would be included in a draft document for Administration to review. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORT 7 -a. Commission Chair -- No report. 7 -b. Airport Manager -- Bondurant reported the following: • The Runway Safety Action Team's visit on August 16. The Airport Master Plan was moving forward. She would be writing a grant for Phase II purchase of new snow removal equipment. 7 -c. City Council Liaison -- Council Member Bookey reviewed the action agenda items of the August 3, 2011 meeting and updates to the Comprehensive Plan. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. September 8, 2011 No commissioners requested an excused absence from the September 8, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Bielefeld noted the local EAA chapter had been given a small bi -plane that could be displayed in the airport and reported the $75 fuel limit needed to be increased at the float plane basin. Bondurant reported she was working on the issue. ITEM 10: ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION ITEMS 11 -a. Article -- Airport Report Today 11 -b. July 2011 Enplanements 11 -c. July Float Plane Basin Activity 11 -d. Airport Manager's Report -- July 2011 11 -e. Airport Pei uianent Fund June 2011 Report ITEM 12: MOTION: ADJOURNMENT Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING AUGUST 11, 2011 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 8:54 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk AIRPORT COMMISSION MEETING AUGUST 11, 2011 PAGE 3 enau ibleanicipal Airpo Memo Items 5a• "Sevvcng'the4i eater Kenai: i e in4alh27 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907- 2833737 To: Airport Commission From: Mary Bondurant - Airport Manage Date: September 1, 2011 Subject: Updating — Airport Regulations To assist Commission in the continuing review and update of the Airport Regulations are Chapters 6.05.010 through 7.05.040. Please be prepared to discuss and comment at the meeting. Thank you for your time and efforts on this project. Attachments www.KenaiAirport.com Chapter 6.05 Aircraft and Vehicle Parking Sections: 6.05.010 Motor vehicle parking. 6.05.020 Short-term parking area. 6.05.030 Limited long -term parking. 6.05.040 Reserved parking. 6.05.050 Motor vehicle limpound Pxoeeduie. 6.05.060 Long-term Aaircraft parking. 6.05.065 Aircraft impound. 6.05.070 Transient aircraft parking. 6.05.080 Aircraft parking on leaseholds. 6.05.090 Seasonal ramp permit 6.05.010 Motor vehicle parking. (a) No person shall park a motor vehicle in an area designed for moving traffic or in an area where motor vehicle parking is prohibited. Ve"'^'^ pafked-shaU -be subjeet-te impound- (b) No person shall park a motor vehicle on the ramp without permission of the Airport Manager. Vehicles improperly parked shall be subject to impound- (`ramp" needs clarification or different terminology should be used. Is this a reference to the terminal entrance curb area, the terminal aircraft parking apron, or what ?) (c) No person shall park a vehicle on Airport Drive, Terminal Loop except. The only exception to this is temporarily in the areas marked for "Loading and Unloading Only," "Handicapped Ltoading and Unloading," "Taxi Cab" and "Tour Bus Loading and Unloading." The loading only-area on the terminal building side of Terminal Loopthe loop is restricted to use by motor vehicles temporarily parkedstopped solely for the purpose of-to actively loading or unloading airline passengers and baggage. load' ading o ly is defined as-the-use-of amotor-vehipte-te-transpe stdffeat- the- a+rport- terminal— Vehicles -in viol tion-ef this section-shall-be-sub (d) No person shall park or leave an unattended vehicle having exposed or uncovered refuse, bagged or not, in the open bed of a vehicle or trailer in a condition which subjects the refuse to being removed or strewn about by animals, birds or wind eflen _(e) -P -urs-seant-to#MC 1.05.010,— the- Airpert Manager,-Air{3eaAdm n strative• Air d the Aifp 14 Amendments by City Manager 5/18/05) (AR). The penalty fer -suc-h e.01 -5 -(Ord. 461, Res. 91 -20, 91 -41, (If the KMC, which is superior to the regulations, provides for penalties and authorizes the Airport Manager and certain other airport employees to issue citations, it seems unnecessary to restate all that here in (e).2 6.05.020 Short -term parking area. The Airport Manager shall designate an area or areas on the Airport for short-term motor vehicle parking. A person who parks a motor vehicle in a Parking i:, permitted in short-term parking area this-area shall comply with the Airport regulations and the conditions fees and time limits at the timesdetem,- .,,.ne ^d posted by the AirportCity Manager. F>-ar ' : be -pest subject te- impeun lTh° irport Manager, - -witli -cant rr° ° ^f'he- City -- Manager, may mot. rah __ - • "n-the -short term vehic4e- parking ar -as. The fees charged for use of short-term parking shall be those specified in Chapter 13.05. Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. (Since the short -term / pay parking program is already in place, the sentence requiring the City Manager's concurrence to establish the fee system in now superfluous. Setting the time limits for parking lot use should be an Airport Manager duty in the regs. Since the Airport Manager works under the City Manager, everything the former does is subject to the latter's concurrence in one way or another. But, to avoid conflict and confusion over the enforceability of the parking fees and rules, the regulations should identify a single official (in this case, the Airport Manager) as the authority.) (Ord. 461, Res. 91 -20, Amendment by City Manager 5/18/05) 6.05.030 Limited long -term parking. The Airport Manager shall designate an area or areas on the Airport for long -term motor vehicle parking. A person who parks a motor vehicle in - r<-onIy -in a long -term parkingt hose areas, shall comply with the Airport regulations and the conditions, fees and time limits posted by the Airport Manager. A person who desires to regularly park a vehicle in a long -term parking area may request an annual long -term parking permit from the Airport Manager. The fees charged for use of long -term parking shall be those specified in Chapter 13.05. • _ - e -e'{i ;ns-«-s -are set forth rig-ar ac for a continuous thirty (30) day period or within said arca contrary 4o the terms or conditions of use as stated herei - be-to- Impound pursuant - h -eons rrw of the C ity- Managee-may -establ pay -per' Q g - •ng- areas - Failure to pay the required fee shall be a 15 violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. (Ord. 879, Res. 91 -20, Amendment by City Manager 5/18/05) (My comments regarding 020 also apply here. I deleted the 30 -day parking limit because I understand the airport issues 1 -year permits for long -term parking.) 6.05.040 Reserved parking. The Airport Manager may designate Rreserved parking areas seaden ■y- apprepriate3ig e' in a lease or permit established-through-ether '^ ° ^' are When clearly posted by appropriate signs, reserved parking areas areand closed tenet available for motor vehicle parking by the general public-parking. A Vehicles—so vehicle parked in a reserved area without the authorization of the lease or permit holder may be subject to impounded by the lease or permit holder acting in his own behalf. (Ord. 461) 6.05.050 Motor Vehicle Impound - procedure. A motor vehicle parked in violation of Chapter 6.05 shall be subject to impound, at the vehicle owner's expense and risk, Impound- preceure shall be pursuant tounder KMC 12.25. (Ord. 879) 6.05.060 Long-term Aaircraft parking. (a)-No person shall park an aircraft, for the purpose of remaining indefinitely, in any area enof the aAirport other than (a) on the premises of a land lease where aircraft parking is authorized by the City and where the lessee has given the person permission to park the person's aircraft; or (b) in an area designatedthat proscribed by the Airport Manager for the long -terra parking of aircraft of the size and type the person desires to park subject to the payment of the applicable fee specified in Chapter 13.05. Barking- oftransient- helicopters and-heavyairoraft, loading -and- untoading-shali• ••be limited -to- the -ar a known as the north ramp— Parking-for tt;ansicnt light- aireraffshall -be rflov skfa„- ,'' ,zh -came -- `e- - 1 Aig3dit sketch map attached hereto) (This is an odd provision, being enclosed in quotation marks as it is. In any event, specific parking locations should not be designated in regulations because the regulation amendment process is too slow and inflexible to accommodate the need for occasional / seasonal changes in parking area designations.) 6.05.065 Aircraft impound. 16 (ab) An Aaircraft parked in violation of Airport requlationsSectiea- &.03:069 may be impounded at the discretion of the Airport Manager by. r. JJMe - "e (1) affixing a seal or tap to the door of the aircraft; (2) affixing a locking device on the propeller of the aircraft; or (3) the-moving of-the aircraft to an impound location determined by the Airport Manage rfer impeundme,es. a..a• •ar.. .. se ea (b) All aspects of the impound process including any damage to the impounded aircraft and any tinconvenience to the aircraft owner, shall be at the sole cost and 0E-damage uck}me. -- _ -- risk of the aircraft owner. (c) The Airport Manager shall not release an impounded aircraft to the owner unless the owner redeems the aircraft by paying (1) The impound fee specified in Chapter 13.05, (2) The daily impound storage fee specified in Chapter 13.05; and 3 The Cit.'s actual cost of towing or otherwise reloca including legal and administrative costs. dellars ($1- impounded and a ctoragc each day -thea rrraf -r 00 e n of the aircraft chap- be-eharged -e each aircra (d) AnAN impounded aircraft thatwhich am is not redeemed by the owner within ninety days after the date on which the aircraft was impoundedment shall be considered abandoned and shall be subject to sale by the City at public auction. Notice of any auction shall be published. " - in a newspaper of general circulation in the Cityth - area-(or at least once during each of three consecutive weeks. The first and last appearances of the published notice shall not be more than thirty days nor less than seven days respectively, before the time set for of-the auction. (Ords. 316, 461, Res. 91 -20) 6.05.070 Transient aircraft parking. (a) The operator of a transient aircraft shall park the aircraft only in an area on the Airport designated by the Airport Manager for that purpose and for the size, type, or weight of the aircraft. (b) Unless the Airport Manager gives permission otherwise, no person shall park an aircraft for more than ten (10) days in an area designated for transient aircraft parking. 17 (c) A person parking an aircraft in a designated transient aircraft parking area shall pa_y the fee specified in Chapter 1105. (d) A person using a transient parking space shall properly secure their aircraft and shall be responsible for any property damage or bodily injury that results from the person's failure to do 50. (e) If a person who parks an aircraft in a City-operated transient parking area fails to pay transient parking fees prior to departure from the Airport, the person's aircraft shall be subject to mpound under Section 6.05.065 immediately upon any future return to Airport. (Ord. 365, Res. 91-20) (a) All aircraft owners or operators p r thc Airport Manager c14all-r-egfsteetrtei arrival. (Ord. 3683 (This is already covered /n Chap ko7.05j =`./^".^ "*~ o ovo:*.^^� ° t .�' ^t^ Ste ca. ^�^ ire (04r-3W (Parking Iocation details should not be in regulations. For tbe sake of flexibility, it is better for such details to be established and changed, as needed, by Airport Manager order.) Office upon (e)-A1Laksraft owncrs or operators parking aircraft in an arca-desgna4edb'-the-AiFpoft Menags'mtiihoohurgodokun:ieo\parktn}foe+of-iwo+dellarn(V2.V0)pn/duy.No ea for moro than fivo n4e*eo ally authorized byu��ivnuf the Airpu� ��onogo/.Tho/ will benofro for par�ng�**� � � (The parking time limit was changed to 10 days per my 12/29/05 telephone conversation with Rebecca Cronkhite. Fees were moved to Chapter 13.05.) 6.05.080 Aircraft parking on leaseholds. No Alt-aircraft on the premises of a land lease on the Airport shall be parked in a manner that results in haU�bo+osponsiA|of0/keefinga||nixae0 - �� ^~ ~ ^ old-with-no a wing, tail, nose, or other portion of the aircraft extending outside thee*er+aeh boundaries of the prenhises. (Ord. 316) 8.05.090 Seasonal ramp use permit. (a) A person desiring to have seasonal exclusive use of a portion of an apron or ramp for aircraft parking loading and unloading, temporary cargo staging, and cargo handling equipment parking must obtain a seasonal ramp use permit from the Airport Manager. 18 (b) The Airport Manager shall establish the Iocation and size af the apron or ramp area to be assiqned to the person under a seasonal ramp use permit after qivinc consideration to (1) fhe size, type, and number of the aircraft the person will be usinq on the site (2) the amount of cargo and equipment the person will be staciinci on the site; (3) the nature of the carqo beinq handled (4) the use of the Airport by other aircraft operators; (5) the Ienqth of time the person plans to usa the site; and (6) the maintenance. operation, safety, and security of the Airport, (c) A person to whom the Airport Manaqer issues a seasonal ramp use permit shall (1) pay the seasonal ramp use permit fee specified in Chapter 13.05: (2) compty with the terms and conditions of the permit and (3) comply with Airport regulations and the directions of the Airport Manager; (d) The term of a permit shall not exceed six calendar months. (e) The Airport Manaqer mav (1) cancel a permit with 15 days written notice to the permittee, if the permittee faUs to pay the permit fee when due or violates any requirement of the permit or Airport regulations; and (2) require the perniittee to relocate their operations to another operationally similar Iocation on the Airport when the Airport Manager reasonably determines the relocation is necessary for the maintenance, operation, safety or security of the Airport. (I added this section to cover the permits the Airport Manager issues for fish haul and similar seasonal uses of the ramp. That program has been in practice for many years, but 18 not specifically addressed in the existing regulations.) Chapter 7.05 AIRCRAFT REGISTRATION 19 Sections: 7.05.010 7.05.020 7.05.030 7.05.040 Aircraft registration Failure to register T- ansienntaircra Removal of aircraft from airport parking. Registration of commercial aircraftoperaters. (I clarified, expanded, and updated this chapter to cover all aircraft, whether transient or resident, commercial or non - commercial.) 7.05.010 Aircraft registration A serson who brin ■s an aircraft to the Air ■ort whether for transient purposes or to remain indefinitely, and does not park the aircraft on the premises of a land IeaseNew aircraft arrival in'° °^' restdenoy -at the- kkenaiMenisipaMdrp04 shall as soon as possible but not later than 48 hours after arrival at the Airport, register their aircraft with the Airport Manager and obtain a parking location assignmentin-- --a-eemmere1al- parking area-Rot- more -than five their arri/al- atNaeAirpert. 7.05.020 Failure to register Transient-aircraft-fa The owner or operator of an Transient aircraft ownersvr -operatersu4 i- z-ing -an -area designated by the Airpo^ manager who fails to register their aircraft as required under 7.05.010 and 7.05.0404t - the-"' er A. _ e' shall be charged ^^ t r-parkn —and tPe-aircraft shall be subject to having the aircraft impoundedimpe ndm +t in accordance with Sections 6.05.0656415069 -aad6- 0&978. This regulation shall not apply to an aircraft that, immediately after arriving at the Airport is parked on the premises of a land lease with the lessee's permission and remains there until departure from the Airport. AifC -f the future 7.05.030 Removal of aircraft from airport parking. Ord. 365, Rcs. 91 20) A person who has parked an aircraft ircraft owners who in a City- operated parking area on the Airport must give the Airport Manager notice prior to permanently vacating the space. A person who vacates their assigned space without giving noticefail to notify the Airport Manager _ m , , shall continue to be responsible for (payment of the applicable parking fee be- cheerged lust as if the person had not vacated the space.aircraft ,ere still there. The fees plus interest, shall accumulate until the date on which the person gives the required notice to the Airport Manager and pays the fees and interest due. 7.05.040 Registration of commercial aircraft operators. 20 An air carrier or other All commercial operators of aircraft operating from the Kenai Municipal- Airport shall register each aircraft with the Airport Manager prior to commencing operations at the Airport. TheSuch registration fa) must be in writing; (b) may be submitted in person or by mail; and (c) must provides-how-the (1) the make, model, registration number and certificated maximum gross aircraft-take-off weight of the aircraft;-aleng - with (2) the -name and mailing address of the registered ownerT„ h� s'�e correct address.. and f3) such other information as the Ai Manager ma . reasonabl re.uire. Such connote Sections: 8.05.010 8.05.020 8.05.030 8.05.090 Chapter 8.05 AIRCRAF1-ACCIDENTS Aircraft Aaccidents. Motor vehicle accidents. Bodily injury and property damage. Airpo• t- property - damages: Special definitions. (I expanded this chapter to include all types of accidents and damage. Some of the language was adapted from 17 AAC 45.120.) 8.05.010 Aircraft Accidents. (a) The owner or operator of an aircraft involved in an aircraft accident or incident on the Airport shall report the accident or incident to the Airport Manager and the Federal Aviation Administration (a) immediately, if the aircraft or a condition of the airport poses an imminent safety hazard 21 Mc city 0/� �� ALASKA U� U� August 22, 2011 ���� Bzvn�"�`�w Wage wIM a Past, C w' t h a Future x 210 Fidalqo Avenue, Kenai, Alaska 98011'7794 Telephone: 9A7'283`7535/ FAX: 8O7'283-3014 RE: Kenai Municipa.I Airport Obstruction Tree Rcmoval .Projects Public Sco i g Meeti.ng September 8,2011 at 7:00 PM City of Kenai Council Chambers 2l0PiJolguStreet Dear Property Owricr: 1Fhe City of Kenai, in cooperation with the Federal Aviation Administration (E.A.A), is proposing to improve the Kenai Municipal Airport by the rernoval of tree obstructions that penetrate the Federal Aviation Regulations (p/\K) Part 77,Xft P/Gu/ex(Uso. and Preservation o/ihe Navigable Airspace, approach and transitional surfaces and FAA Order 826o.}f}, United States Standard for Terminal Instrumern Procedures (TERI'S), departure surface for instrument aircraft operaticns at the Airport. We are conducting Pub]ic and Agency scoping to support preparation of an environmentai docurneut for the proposed projeet iuo^cordautunith the National Environmental Policy Act (N.EPA) guidelines and current FAA environmental guidelines. /\ Public Meeting is scheduled to take p{ace during the theSepiernler 8, 2011 Airport Commission Mee at 7:00 PM in the City Council Chambers at City Hall located gt 210 Fidalgo Street The areas requiring removal of ofthe ohstruction trees will be prescntcd and the process by which they will be removed. City Staff and the City's Airport. Consultant will be present to discuss the projects and address questions, Sincerely, CITY 0yl{SI,A| i/ Rick Koch City Manager f K AALSKA August 22, 2011 "f/cila9e with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 RE: Kenai Municipal Airport Obstruction Tree Removal Projects Environmental Scoping Dear Staff Member: The City of Kenai, in cooperation with the Federal Aviation Administration (FAA), is proposing to improve the Kenai Municipal Airport by the removal of tree obstructions that penetrate the Federal Aviation Regulations (FAR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, approach and transitional surfaces and FAA Order 8260.38, United States Standard for Terminal Instrument Procedures (TERPS), departure surface for instrument aircraft operations at the Airport. We are conducting scoping to support preparation of an environmental document for the proposed project in accordance with the National Environmental Policy Act (NEPA) guidelines and current FAA environmental guidelines. Depending upon the comments we receive our preliminary review indicates that an Environmental Assessment will be prepared. This is a request for agency scoping comments, We are requesting that comments be returned not later than September 23, 2011. The proposed projects are described in the following discussion and illustrated on Figures 1 and 2 in Attachment A, The projects are located in Sections 31 and 32 of Township 6 North, Range 11 West, Seward Meridian as well as within Sections 5 and 6, Township 5 North, Range 11 West, Seward Meridian. The Airport Reference Point is Latitude 60° 34' 29.76" North and Longitude 151° 14' 41.81 "" West. PURPOSE AND NEED The proposed action is needed in order to protect and preserve the existing published instrument arrival and departure procedures for Runway t L_19.R, The proposed action is a safety maintenance project to remove or top trees that penetrate either the 34 to 1 approach surface and August 22, 2011 Page No. 2 RE: Kenai Municipal Airport Obstruction Tree Removal Projects Environmental Scoping associated 7 to 1 transitional surface to Runway IL or the 40 to 1 departure surface for Runway 19R.. Under the provisions of FAR Part 77, trees that penetrate the approach or departure surface are considered obstructions which can adversely affect the navigable airspace. The 34 to l approach surface and associated 7 to 1 transitional surface for Runway IL are defined under the provisions of FAR Part 77.19, Civil Airport Imaginary Surfaces. The 40 to 1 departure surface for Runway 19R is defined under the provisions of FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures (TERPS) and FAA Advisory Circular 150 /5300 -13, Airport Design, Appendix 2, Runway End Siting Requirements. These provisions, together with federal grant obligations noted below, require the City as Airport Owner to remove, relocate or lower (or both relocate and lower) objects to preclude their penetration of the 34 tol approach surface and associated 7 to 1 transitional surface and 40 tol departure surface unless they are fixed by function (e.g., navigational aid) and /or are designated impracticable to remove, relocate or lower. The 34 tol approach surface and 40 tol departure surface applies to runways being used or planned for instrument arrivals and departures. In addition, in accepting FAA Airport Improvement Program funds for the Airport, the City has assured the FAA in Grant Assurance 20, Hazard Removal and Mitigation, that they will take appropriate action to assure that the airspace required to protect instrument and visual operations to the Airport will be adequately cleared and protected. PROPOSED ACTION AND ALTERNATIVES The proposed action is to complete the following projects identified in the areas shown on Figure 1. The action wiri remove trees that penetrate the composite FAR Part 77 approach surface and 7 to 1 transitional surface and the TERPs 40 to 1 departure surface, as shown on Figures 1 and 2. Protect 1 — On- Airport Pro rt7 Tree Removal. This project consists of clearing and /or selective tree removal on the Airport property where and as shown on the plan and detail on Figures 1 and 2. Trees selected for removal will be cut flush to the ground, removed and disposed of by the City's Contractor. Project 2 — Selected Tree Removal on Private Property with Aitgation Easements. This project consists of removal or topping of trees on private property, where and as shown on the plan and detail on Figures 1 and 2, that will be arranged for and directed by the City, The project will affect trees on eight private properties south of the Airport as shown on Figure 1. In accordance with the existing avigation easements granted to the City by the property owners, the City will issue a directive for each private lot to be entered and trees removed or topped. The directive will provide a lot plan and specify a date and time to accommodate the lot owner's presence on site. The trees selected for removal or topping will be offered to the owners for theft use and, if declined, removed and disposed of by the City Contractor, The City's Contractor will be responsible for repair and /or replacement of any damaged fencing, gates, property corners, structures, landscaping or other appurtenances damaged by clearing operations. August 22, 2011 Page No, 3 RE: Kenai Municipal Airport Obstruction Tree Removal Projects Environmental Scoping Project 3 — Selected Tree Removal on Private Property currently without Avigation Easements. This project consists of two steps: Step 1) negotiating avigation easements with six additional private properties; Step 2) remove or top trees on these private properties that penetrate the composite FAR Part 77 approach surface and 7 to 1 transitional surface and the TERPs 40 to 1 departure surface as shown on the plan and detail on Figures 1 and 2. Both steps will be arranged for and directed by the City. After the avigation easements are granted to the City by the property owners, the City will issue a directive for each private lot to be entered and trees removed or topped. The directive will provide a lot plan and specify a date and time to accommodate the at owners presence on site. The trees selected for removal or topping will be offered to the owners for their use and if declined, removed and disposed of by the City Contractor. The City's Contractor will be responsible for repair and /or replacement of any damaged fencing, gates, property corners, structures, landscaping or other appurtenances damage by clearing operations. Project 4 — Continuous Obstruction Tree Maintenance Pro ram. The City and FAA recognize that there will be a recurring need for continuous obstruction tree maintenance in the future as other trees grow and penetrate either the FAR Part 77 approach and transitional surfaces or the TERPS departure surface, Therefore, every four to five years, the City and FAA will reevaluate the Environmental Assessment. This will include notification in advance to affected property owners, agencies and other interested parties. In addition, the affected environment will be reviewed and FAA will determine if there have been any significant changes to any of the environmental impact categories defined in FAA Order 1050.1E, Environmental Impacts: Policies and Procedures. If FAA determines there are significant changes, then additional environmental documentation will be prepared. Alternatives, Based on the safety issues and the height of the trees, the "No Action" alternative is not considered an option. There are two options for the Proposed Action. 1. Cut and /or top to the FAR Part 77 / TERPs surfaces: This alternative would require almost yearly activity to maintain and would be more disruptive to the environment and adjacent property owners, 2. Undercut and /or top the FAR Part77 I TERPs surfaces by a determined elevation to insure obstruction removal and mitigate repeated clearing operations. At least a ten foot undercut is recommended, SCHEDULE SUMMARY The above projects are currently proposed to take place during the winter months. Pending necessary approvals and permits, all projects, with the exception of Project 3, should be completed in 2012, Negotiating the six additional avigation easements may take longer but should be completed by 2014. August 22, 2011 Page No. 4 RE: Kenai Municipal Airport Obstruction Tree Removal Projects Environmental Scoping ENVIRONMENTAL DOCUMENTATION In 2006, the City of Kenai completed a NEPA Environmental Assessment for the 2006 -2008 Kenai Municipal Airport Improvement Program (FAA AIP Project 03- 02 -0142- 3002). In 2010, the City completed a NEPA Supplemental Environmental Assessment for the 2011 -2015 Float Plane Facility Improvement Projects (FAA AIP Project 03 -02- 0142- 134 - 2010). This Environmental Assessment is intended to address the environmental effects of the proposed safety maintenance projects utilizing relevant information from the environmental documentation previously completed together with additional research, We have conducted preliminary research of Federal, State, Borough and City documents to evaluate resources in the project area, The preliminary environmental findings are summarized in Attachment B. To ensure that all factors are considered in the development of the environmental assessment document, in addition to identifying any concerns or issues your agency might have with the proposed projects, your comments are requested. AGENCIES BEING CONTACTED An agency scoping meeting is planned for September 8, 2011 at 1 :00 p.m. in the City Council Chambers, City Hall, 210 Fidalgo Street, Kenai, Alaska, but if your agency has questions in the meantime, pertinent to your response, please contact us as noted below. We would appreciate receiving your comments on the proposed projects by September 23, 2011 as noted earlier. Please return comments by regular mail to: Wince- Cortheli- Bryson, P.O. Box 1041, Kenai, Alaska 99611, or by fax to: 907 - 283 -4676, or by e -mail to Casey Madden at: cmadden @wcbalaska.com. If you have any questions, please feel free to call me at 907 - 283 -8234 or Casey Madden, WCB Project Manager, at 907 -283 -4672. Sincerely, CITY OF KENAI 7 Kevin an Acting Public Works Director cc: Casey Madden, Wince- Corthell -Bryson R. John Sanders, Aries Consultants Ltd. Attachments: A - Supporting Graphics B - Preliminary Environmental Research Results Attachment A SUPPORTING GRAPHICS ATTACHMENT B PRELIMINARY ENVIRONMENTAL RESEARCH RESULTS OBSTRUCTION TREE REMOVAL PROJECTS Air Quality Emissions from the tree cutting and trimming equipment used in the Proposed Projects would temporarily increase pollutant emissions, but not significantly. Currently, the City of Kenai is not classified as non- attainment or maintenance for any of the criteria pollutants defined by National Ambient Air Quality Standards (NAAQS). 2 Coastal Barriers No Impact 3 Compatible Land Use The removal /trimming of a large number of trees will change the views from adjacent properties into the Airport and vice versa, but no incompatible land uses are being created. The Proposed Actions are consistent with the Kenai Municipal Airport Master Plan Update adopted by the City in 1997 and the Airport Layout Plan (ALP) approved by FAA in May 2009. The Proposed Actions are also consistent with the eleven avigation easements recorded on private property adjacent to the Airport. Six additional private parcels require avigation easements for which the City will initiate negotiations prior to removal /trimming of the trees. The subsequent height limits imposed by the new avigation easements will create no non - conforming structures based on current zoning and no relocations are required. 4 Construction Impacts The proposed projects require the cutting or trimming of public and privately owned trees that extend into navigable airspace. Equipment to he employed includes tree cutting and trimming equipment such as chain saws, towed commercial chippers, feller bundlers, skidders, logging trucks, and such equipment. Construction -like activities associated with these projects include the removal and transport and possible chipping and scattering of cut trees and limbs. Potential construction impacts include: • Construction Water Quality - Under current water quality management guidelines, all land - disturbing activities, including clearing, grading, and excavation, that disturb one or more acres are required to be covered under a state - issued Alaska Construction General Permit (ACGP) construction storm water permit prior to land disturbance. These permits are issued by the Alaska Department of Environmental Conservation (ADEC). As these clearing projects will be scheduled for winter months the ground vegetation and soil will not be disturbed so no permits are expected to be required. Project 1 includes areas that are within 90 meters of an anadrornous fish resource known locally as Airport Creek or Cemetery Creek. In the Catalog of Waters Important for Spawning, Rearing. or Migration of Anadromous Fishes — Southcentral Region (Alaska Department of Fish & Game Special Publication 04 -05) this is an unnamed stream identitied as 244 -30- 10010- 2001 -3004. Clearing along this waterway will be limited to only the highest mature growth encroaching into the Airport airspace, leaving substantial second growth and underbrush along the waterway. In addition clearing specifications will include several best management practices to mitigate disturbance to the waterway during and after clearing operations. • The stream bank and streambed of Airport Creek /Cemetery Creek shall not be altered or disturbed in any way. No equipment shall be allowed within 100 feet of the stream bank and any trees requiring falling will he cabled out • Equipment shall not operate in flowing water. • There shall be no crossings of Airport Creel /Cemetery Creek except on public roadways. • Activities shall be scheduled for winter months to avoid disturbance of spawning areas and sensitive fish life stages and habitats • Downed branches or trunks may not be dropped into Airport Creek /Cemetery Creek. Should this occur inadvertently they will be removed. All operations shall be conducted in compliance with AS 41.14.870 so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds. • The stream bank, including stream bank vegetation, shall not be altered to facilitate debris removal. • Parked equipment, refueling of equipment or the storage of petroleum products shall be limited to established staging areas provided on the Airport. • Construction Equipment Noise — The primary source of equipment noise is expected to be from chainsaws and chippers. A chain saw generates noise at a level between 105 and 110 decibels sound pressure level (dB -SPL) at a distance of about 1 meter (about 3.3 feet). The SPL noise metric provides the following relationship to the range of human hearing: Threshold of hearing Threshold of discomfort 0 dB -SPL 120 dB -SPL 1 Threshold of pain 130 dB -SPL Noise levels from a point source, such as construction equipment, decrease at a rate of approximately 6 dB with every doubling of the distance. However at least fourteen residential properties are directly affected by Projects 2 and 3. Based on the nature of these projects, construction noise impacts have the potential to be significant and unavoidable. To mitigate these adverse affects the City of Kenai will limit work hours to between 8:00 am and 6:00 pin when work is conducted within 300 feet of residential areas. Project l is expected to be accomplished during the winter schedule work day. Projects 2 and 3 will be accomplished at a time convenient to the property owner (including Saturdays and Sundays). The City will coordinate a time and date for the work to he accomplished on private properties. -2- • Construction Traffic - Worker trip making and cut -tree hauling needs are expected to increase highway traffic during construction periods, but these impacts are considered insignificant. The workforce to be employed on these projects is expected to come from the local labor pool for construction workers. Approximately 3 to 5 workers would be employed on a typical day. Since these workers are located in the Kenai area there should be no net increase in commuting, although there would be a net, but minor, increase in traffic along roads leading to the project site. Truck trips associated with tree removal could be reduced by chipping and spreading the tree elements. Generally, inbound construction traffic will be routed off the Kenai Spur Highway to Float Plane Road by way of Main Street Loop and First Avenue. Both streets have ample width, structural section, and relatively low traffic counts to accommodate increased truck traffic. Outbound construction traffic would be routed on the same streets in a reverse direction. Any potential impacts are likely to occur during peak periods at signal controlled intersections where trucks must make a left turn. At such intersections a truck may occupy a significant portion of the left turn lane and maneuver slowly thereby limiting the capacity of the left -turn signal. Since these traffic impacts are temporary in nature, although lasting for several weeks, they are considered to be less than significant. 5 Department of Transportation Act: Sec. 4(f) No Impact 6 Farmlands No Impact 7 Fish, Wildlife, and Plants • Fish — A review of Alaska Department of Fish and Game publication Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes — Southcentral Region (Special Publication 04 -05), reveals that the unnamed stream draining the Airport (locally referred to as Cemetery Creek or Airport Creek) is considered an anadromous fish water body (ID number 244 -30 -10010 -2001- 3004). Based on mapping of the anadromous streams prepared as part of the wetlands functional assessment completed in 2005, the anadromous portion of the stream draining the airfield ends in a wetland area located just north of First Avenue. To avoid potential impacts to fish habitat and the wetland a number of best management practices are to be imposed on the contractor. These are described earlier under the subject Construction Water Quality within Topic 4, "Construction Impacts ". • Wildlife — A variety of birds and other animals were observed during a one -year study of wildlife hazards at the Airport, conducted between February 2001 and January 2002 by the U.S. Department of Agriculture. Migratory birds and other waterfowl, including ducks, geese and swans make the Kenai River and its surrounding wetlands their home. Since aircraft frequently overfly the trees at low altitude the likelihood of nesting birds is considerably reduced. I- Iowever, proposed tree cutting activities will remove this habitat. To -3- respond to the Migratory Bird Treaty Act of 1981 tree cutting and clearing will be accomplished before May 1 or after July 15 to protect migratory birds. Based upon previous studies there are no bald eagle (Haliaeetus leucocephalus) nests in any areas affected by the Projects. The surrounding area is also home to many other types of wildlife, including moose, bears, wolves, coyote, and caribou. Portions of the Kenai National Wildlife Refuge are located to the northeast of the Airport. The Airport is currently fenced. • Plants — Soils in the vicinity of the Projects are generally considered to be upland with variations of wetland inclusions. These soils support spruce and birch trees and in wetter places willows. The forest understory includes native berry and shrub species, with a limited groundcover of low -lying herbaceous plants. Based upon a wetland functional assessment completed in 2005, one small area just north of First Avenue is rated as a wetland with up to 10 percent upland inclusions. Areas south of First Avenue were not included in the wetland functional assessment, but information available from the Natural Resources Conservation Service (NRCS) indicates soils in this area are all "partially hydric ". Trees in this area are similar to those found throughout the Airport. 8 Threatened or Endangered Species No Impact 9 Floodplains and Navigability No Impact 10 Hazardous Materials, Pollution Prevention, and Solid Waste Construction requirements do not include any sub - surface digging. Previous and recent (January 2010) searches of the Contaminated Sites Program (CSP), Leaking Underground Storage Tanks (LUST) databases available from the Alaska Department of Environmental Conservation (ADEC), Division of Spill Prevention and Response indicates there are no contaminated sites within the areas affected by the proposed projects. No impacts are anticipated. Tree limbs and trunks will be removed as a result of the proposed projects. To the extent that these materials are not recycled or ground as mulch the remainder would be considered as solid waste and disposed of by the City's Contractor and most likely as saw Togs and firewood. 11 Historical, Archaeological and Cultural Resources The State Historic Preservation Officer (SHPO) has previously determined that the Kenai River valley has a very high potential for prehistoric village sites, although the likelihood of finding such sites in already disturbed areas is considerably reduced. All of the proposed projects are located in areas where land disturbance has occurred either as a result of Airport development, highway construction, or residential activities. -4- Based on previous surveys for prehistoric, historic, archeological, or paleontological resources in the Airport vicinity, no Airport properties and none of the private properties are considered to be eligible for inclusion in the National Register of Historic Places. 12 Light Emissions and Visual Impacts Since all construction work would be accomplished during daylight hours there should be no light emissions associated with the proposed projects. Proposed Projects 2 and 3, to the extent they affect private properties, may he perceived as affecting the aesthetic values of some private properties and may create visual impacts due to the selected removal of trees that screen unwanted views. Eight of the 14 affected properties are subject to avigation easements that permit the removal of objects that penetrate navigable airspace, which is defined uniquely for each property owner in the avigation easement. The affected properties requiring new avigation easements are further away from the runway and the required easement heights are based on a higher elevation. Due to the avigation easements, these potential visual issues are not considered to be impacts. 13 Natural Resources and Energy Supply No Impact 14 Noise No long -term noise issues are created as a result of the Proposed Projects. See discussion of construction related noise earlier under Topic (4), "Construction Impacts" 15 Secondary (Induced) Impacts The proposed projects are expected to provide 3 to 5 construction jobs for a period of three to six weeks. Although the Kenai area will benefit from the direct spending for fuel, supplies and materials, and from the indirect secondary spending of the workers, these Projects would not create a significant impact nor cause any significant growth or decline in general economic activity. Based on this information no secondary impacts are expected. 16 Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks No relocations are required. Affected properties were selected based on the fact that trees within the property penetrated established air navigational areas. There should be 110 disproportional impacts to minority and /or low - income populations. During construction activities on private property it would be the contractor's responsibility to insure that the property owner is appropriately supervising their children. The contractor would have the option of discontinuing work if children are not properly supervised. -5- 17 Water Quality Water quality at the Airport is affected by contaminants in stormwater runoff from runways and taxiways which may include oil and grease residues, tire particles, plant and animal debris (i.e., leaves, dust, and animal feces), and general litter. The drainage system within the Airport is largely made up of naturally vegetated drainage ditches coupled with storm drains. Runoff from the Airport is directed to a stream known locally as Cemetery Creek or Airport Creek. In the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes — Southcentral Region (Alaska Department of Fish & Game Special Publication 04 -05) this is an unnamed stream identified as 244 -30- 10010- 2001 -3004. As noted earlier a portion of this stream north of First Avenue in the vicinity of Project 1 is considered an anadromous fish water body. The Airport drainage system is not affected by Project 1, since no structures are being added and no soil along the drainage system is being disturbed. However, trees adjacent to this stream are being removed. To avoid potential impacts to downstream water quality and the fish habitat a number of hest management practices are to be imposed on the contractor. These are described earlier under the subject "Construction Water Quality" within Topic 4, "Construction Impacts ". The removal of many trees may contribute to slightly increased water runoff since the trees are not available to extract water from the soil. The removal of some trees may also contribute to slight increases in soil erosion in steeper slope areas north and south of First Avenue where the trees provide protection to the soil from the gravitational force of the rain. At this time this is not considered to be a significant impact, but it may be necessary to monitor slope erosion in the vicinity of First Avenue and institute best management practices if warranted. 18 Wetlands Soils information for the project area is available from the Natural Resources Conservation Service (NRCS) and a Preliminary Jurisdictional Determination and Wetland Functional Assessment that was updated and amended in 2005 to include the entire Airport. Wetlands data is also available through GIS features found on the Kenai Peninsula Borough web site. The functional assessment studies identified wetland areas that were considered to be protected and the relative significance of them as wetland resources. The findings of the Jurisdictional Determination and Wetland Functional Assessment were agreed to by the U.S. Army Corps of Engineers (See October 17, 2005 USACOE letter). With the exception of a small area north of First Avenue, the projects affect lands generally classified as Upland, some with wetland inclusions. The area north of First Avenue is classified as a Wetland with Upland inclusions up to 10 percent. Areas south of First Avenue were not included in the Preliminary Jurisdictional Determination and Wetland Functional Assessment, but NRCS data for this area suggests soils here are partially hydric and there are pools of water observable in the streambed. The area north and south of First Avenue is also an area of steeper topography. Information available from the Kenai Peninsula Burough supports the conclusion of wetland areas south of First Street to the Kenai Spur Highway, however these are marked as "disturbed" on available mapping. -6- Discussions will be held with the U.S. Army Corps of Engineers to confirm that the 2005 Jurisdictional Determination and Wetland. Functional Assessment completed in 2005 is still a valid document and that a Section 404 permit is not required for the proposed projects provided the mitigation measures set out earlier under Topic 4, Construction Impacts, are implemented. 19 Wild and Scenic Rivers No Impact OTHER CONSIDERATIONS Proposed Project 1 is not expected to be controversial on environmental grounds since the project takes place within Airport property. Proposed Projects 2 and 3 affect fourteen private properties and may be controversial on aesthetic grounds because the appearances of private properties are being altered. Existing avigation easements on the eight private properties in Project 2 provide a legal basis for trimming selected trees due to their penetration of imaginary approach and departure surfaces defined in Federal Aviation Regulation Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, and FAA Order 8260.313, United States Standard for Terminal Instrument Procedures (TERPS). Although these easements have been in place since the mid 1960s they have not been complied with and the trees have not been either removed or topped. The lack of previous compliance potentially contributes to the controversial nature of Projects 2 and 3. However, by following applicable environmental laws and providing appropriate mitigation measures Projects 2 and 3 should not he controversial on environmental grounds. The existence of avigation easements covering all properties affected by Project 2 suggests that federal, state, and local public agencies anticipated the need to control obstructions in navigable airspace outside the Airport boundary. In this context, Projects 1 and 2 are consistent with federal, state, and local laws pertaining to the environment. Project 3 is also consistent with FAA requirements for the Airport and, based on the anticipated affects associated with the properties already subject to avigation easements in Project 2, is also expected to be consistent with federal, state, and local laws pertaining to the environment. Some inconsistencies exist between the elevation requirements of individual avigation easements and current FAR Part 77 and TERPS requirements defined by the FAA- approved Airport Layout Plan (ALP). Generally, the avigation easements specify a lower elevation for obstacles and thus allow a greater amount of trimming and cutting than is required to meet FAR Part 77 and TERPS requirements. The City of Kenai will trim the trees consistent with FAR Part 77 and FERPS requirements, with a reasonable undercut, and not trim and cut the trees to the elevations defined by the avigation easements. The City of Kenai, as the Airport Sponsor, receives grants under various FAA Airport Improvement Programs. These grants obligate the sponsor to maintain the Airport in accordance with FAA regulations, guidelines and grant assurances. Among these obligations, the City is required to remove or mitigate hazards to air navigation including protection of the airspace in order to maintain the present published instrument arrival and departure procedures. The City of Kenai carries out its obligations to the Airport through adoption of the Airport Master Plan, the -7- City's Comprehensive Plan, its zoning code, and an FAA- approved Airport Layout Plan. In the case of these Proposed Projects, the City is required to act directly to resolve a public safety issue. Collectively these various actions provide a basis for preventing the creation of man -made hazards or obstructions. The natural environment, including trees, requires actions such as those proposed. In this context, the requirements are consistent with regional and local plans. Project 4 incorporates the same impacts and mitigations as Projects 1, 2 and 3. -8- Exhibit 1 CITY OF KENAI TREES ABOVE AND 2011 10' BELOW EA. TREE OBSTRUCTIONS PART 77/TERPS 11V130 NO11038 SSOHO SNOI10I1N1S9D 332ll'V'3 1401 Sd2131 / LL 1TJVd IVN3N JO Ally 1 Municipal Airport Airport Improvement Program: jker tdu August 2011 Airport Manager's Report Apron Rehabilitation: Project is essentially complete outside of some punch list items. Close out documents are being prepared. Float Plane Basin Facility Improvement Project: Due to the recent events with Congress, the FAA has bumped this project to 2012 due to the unavailability of discretionary funds. Master Plan — City Administration has reviewed the scope, City Administration changes have been made and this project will be moving forward. Obstruction Clearing EA - The obstruction mapping and base maps are complete. Wince - Corthell -Bryson is finalizing the agency scoping document and has completed the private and public parcel exhibits. The completed scoping document has been reviewed by the City and is now at the FAA for review. After FAA review the scoping document will be mailed to the agencies for a 30 day comment period. In the middle of this 30 day review, an agency scoping meeting will be held and the project will be added to a Airport Commission meeting agenda for a public meeting. The FAA has bumped the obstruction clearing to 2012 because the Environmental Assessment is not yet complete. Compass Rose Painting: The Mat -Su Valley Chapter of the 99's will be painting the new compass rose on Saturday, August 13. The Ninety -Nines is an international organization of women pilots that promote aviation through education, scholarships, and mutual support who fly "for the fun of it ". The Airport supplied the brushes and Alaska Sure Seal donated 12 gallons of blue, white and yellow paint. Thank you! RSAT August Meeting — The Runway Safety Action Team will be in Kenai on August 16th. This is an annual FAA review of the airport and its operations in efforts to improve efficiency and increase operational safety at the Kenai Airport and other airports worldwide. It should be noted that there were no runway incursions at the Kenai Airport in the last 5 years! 2011 -08